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HomeMy WebLinkAbout2012/06/04 - ADMIN - Agenda Packets - City Council - RegularAGENDA JUNE 4, 2012 6:30 p.m. SPECIAL CITY COUNCIL MEETING -- Westwood Room 1. Call to Order 1a. Roll Call 2. Closed Executive Session Closed Executive Session with attorneys to discuss an employment claim asserted by a former firefighter, Mr. Ludwig, arising from his separation from employment. 3. Adjournment 7:25 p.m. ECONOMIC DEVELOPMENT AUTHORITY -- Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes May 7, 2012 4. Approval of Agenda 5. Reports 5a. Economic Development Authority Vendor Claims 6. Old Business 7. New Business 7a. Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Recommended Action: Motion to Adopt EDA Resolution approving the Contract for Private Redevelopment between the EDA and CAR Properties, LLC. 8. Communications 9. Adjournment 7:30 p.m. CITY COUNCIL MEETING -- Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations -- None 3. Approval of Minutes 3a. City Council Meeting Minutes of May 7, 2012 3b. Study Session Meeting Minutes of May 14, 2012 3c. Special Study Session Meeting Minutes of May 21, 2012 3d. City Council Meeting Minutes of May 21, 2012 Meeting of June 4, 2012 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. MN GreenStep Cities Resolution Recommended Action: Motion to Adopt Resolution authorizing the City of St. Louis Park to participate in the Minnesota GreenStep Cities Program. 8b. Elie Park Field – Conditional Use Permit for Fill Recommended Action: Motion to Adopt Resolution approving the Conditional Use Permit for fill at Elie Park. 9. Communication Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of June 4, 2012 City Council Agenda CONSENT CALENDAR 4a. Adopt Resolution accepting work and authorizing final payment in the amount of $5,235.63 for the 2011 Sanitary Sewer Mainline Rehabilitation Project - Project No. 2011-2200 with Visu-Sewer, Inc., City Contract No. 159-11 4b. Appoint Duane Spiegle, Curt Rahmen, and Brad Bakken to the SW LRT Business Advisory Committee for St. Louis Park’s LRT station areas 4c. Adopt Resolution Accepting Donation to the City to support the Environmental Coordinator’s Attendance at the 2012 International Society of Arboriculture Conference 4d. Approve for filing Vendor Claims 4e. Approve for filing Telecommunications Advisory Commission Minutes February 29, 2012 4f. Approve for filing Planning Commission Minutes April 18, 2012 St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting Date: June 4, 2012 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: SPECIAL COUNCIL MEETING – CLOSED EXECUTIVE SESSION EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Closed Executive Session with attorneys to discuss an employment claim asserted by a former firefighter, Mr. Ludwig, arising from his separation from employment. RECOMMENDED ACTION: No formal action is requested. POLICY CONSIDERATION: Not applicable. BACKGROUND: Attorneys Clifford Greene, Jenny Gassman-Pines and Scott Lepak will update the City Council and discuss litigation strategy in a Closed Executive Session relating to an employment claim asserted by Mr. Ludwig, a former firefighter. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting Date: June 4, 2012 Agenda Item #: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA MAY 7, 2012 1. Call to Order President Santa called the meeting to order at 7:20 p.m. Commissioners present: President Sue Santa, Steve Hallfin, Jeff Jacobs, Anne Mavity, Julia Ross, Susan Sanger, and Jake Spano. Commissioners absent: None. Staff present: Executive Director (Mr. Harmening), Community Development Director (Mr. Locke), Housing Programs Coordinator (Ms. Larsen), and Recording Secretary (Ms. Hughes). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes April 16, 2012 The minutes were approved as presented. 4. Approval of Agenda The agenda was approved as presented. 5. Reports 5a. Economic Development Authority Vendor Claims It was moved by Commissioner Jacobs, seconded by Commissioner Hallfin, to accept for filing Vendor Claims for the period April 7, 2012, through April 27, 2012. The motion passed 7-0. 6. Old Business - None 7. New Business 7a. Internal Loan for Greensboro Condominium Owners Association Housing Improvement Area (HIA) Resolution No. 12-07 Ms. Larsen presented the staff report and explained that the Greensboro HIA was approved on December 5, 2011, and action is required to set up an internal loan fund to cover the project cost. She advised the original project cost was estimated at $3.8 million EDA Meeting of June 4, 2012 (Item No. 3a) Page 2 Subject: EDA Meeting Minutes of May 7, 2012 and it has now been reduced to $3.5 million after fine-tuning the bids and lowering the financing costs. She indicated the City has received $1 million in prepaid special assessments and the City loan will be approximately $2.5 million, with $1.5 million funded by issuance of the City’s taxable HIA bonds and the remainder financed through an internal loan from the EDA development fund. She stated that the bonds and the EDA loan have a 20 year term and an interest rate that is 100 basis points or 1% higher than the bonds, which will ensure that revenues are sufficient over time to repay the bonds and the loan. She advised the bond sale is scheduled for late September and will incorporate the Westwood Villa HIA, resulting in cost savings for both projects. She then introduced Martha Ingram, bond counsel from Kennedy & Graven. It was moved by Commissioner Hallfin, seconded by Commissioner Mavity, to approve EDA Resolution No. 12-07 Authorizing an Internal Loan for Advance of Funds in Connection with Housing Improvements within the Greensboro Condominium Owners Association Housing Improvement Area. The motion passed 6-0-1 (Commissioner Ross abstained). 8. Communications - None 9. Adjournment The meeting adjourned at 7:24 p.m. ______________________________________ ______________________________________ Secretary President Meeting Date: June 4, 2012 Agenda Item #: 5a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Vendor Claims Study Session Discussion Item Written Report Other: TITLE: EDA Vendor Claims RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period April 28 through May 25, 2012. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report for council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: EDA Vendor Claims Prepared by: Connie Neubeck, Account Clerk 5/30/2012CITY OF ST LOUIS PARK 9:51:32R55CKSUM LOG23000VO 1Page -Council Check Summary 5/25/2012 -4/28/2012 Vendor AmountBusiness Unit Object 1,250.00DEVELOPMENT - EDA G&A GENERAL PROFESSIONAL SERVICESGALLAGHER RISK MGMT SERVICES I 1,250.00 366.00DEVELOPMENT - EDA G&A AUDITING AND ACCOUNTING SERVICHLB TAUTGES REDPATH LTD 366.00 15,102.88DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESHOISINGTON KOEGLER GROUP INC 15,102.88 435.00DEVELOPMENT - EDA G&A LEGAL SERVICESKENNEDY & GRAVEN 435.00 6,000.00HRA LEVY G&A LEGAL SERVICESLOCKRIDGE GRINDAL NAUEN PLLP 6,000.00 63,012.00HOIGAARD 2010A DEBT SERV G&A BOND PRINCIPALOLYMPUS VENTURES LLC 35,430.00HOIGAARD 2010A DEBT SERV G&A BOND INTEREST 98,442.00 489.92DEVELOPMENT - EDA G&A PLANNINGSEH 489.92 50,783.84CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-VISIONST LOUIS PARK CONV & VISITORS 50,783.84 Report Totals 172,869.64 EDA Meeting of June 4, 2012 (Item No. 5a) Subject: EDA Vendor Claims Page 2 Meeting Date: June 4, 2012 Agenda Item #: 7a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC RECOMMENDED ACTION: Motion to Adopt EDA Resolution approving the Contract for Private Redevelopment between the EDA and CAR Properties, LLC. POLICY CONSIDERATION: Does the EDA approve the proposed Contract for Private Redevelopment between the EDA and CAR Properties, LLC to facilitate the proposed renovation of 6414 West Lake St. (former Home Hardware Store)? BACKGROUND: The EDA reviewed Mr. Curt Rahman’s (CAR Properties, LLC’s) application for Construction Assistance Program (CAP) funds related to the proposed renovation of the former Home Hardware Store building at the May 14th Study Session where it was favorably received. The subject building is located in the Lenox neighborhood near the intersection of Wooddale and West Lake Street. It was originally constructed in the 1950’s within a strip of commercial buildings and has always been a hardware store. Due to the death of the previous owner and issues with the Do It Best franchise, an auction was held and the building was sold. Mr. Curt Rahman, a St. Louis Park commercial property owner and resident, acquired the building last month. The building has moderately good traffic visibility due to its proximity near the senior high school and its athletic fields. Despite its use as a former hardware store, the 6414 West Lake Street building has been neglected for some time. CAR Properties plans to make required repairs and renovate the building. To date, the building has been emptied, and some repairs have been made but many code deficiencies remain to be addressed before a certificate of occupancy can be issued. Renovation will include new roof, a new front window, new energy efficient HVAC equipment, as well as remodeling the bathroom and making other various repairs so as to make the building code compliant. The 6416 building next door, which Mr. Rahman also owns, is in need of a new roof as well. With the close configuration of the two buildings it is most efficient to repair the roofs of both buildings simultaneously. Upon renovation Mr. Rahman expects to lease the 6414 West Lake Street property to another commercial tenant. He has already received numerous inquiries on the space. Request for Financial Assistance The total estimated cost to renovate the former Home Hardware Store building and repair the roof of the building leased to Munchies is approximately $77,000. Of this amount, CAR Properties applied for up to $25,000 in Construction Assistance. This amount equals 32% of total estimated project costs; which is 1% less the maximum amount for which businesses may apply under the CAP Policy. EDA Meeting of June 4, 2012 (Item No. 7a) Page 2 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Mr. Rahman currently has two lines of credit available to him; one of which has been maximized for expenses on this and other properties. Since the subject building is vacant it has no income and will lose money at a rate in excess of $25,000 per year. To maintain adequate cash flow on the subject property as well as for emergencies on other buildings he owns Mr. Rahman needs to keep a substantial portion of his remaining credit line available. Therefore, the most he is allowed to spend on repairs to the subject building is $50,000. Proposed Funding Source The source of the CAP funds is tax increment generated by certain City TIF districts which would be disbursed from the Development Fund. Structure of CAP Funds It is proposed that CAP funds be provided to CAR Properties upon prove-up that qualified renovation costs as stated above (“Public Redevelopment Costs”) were incurred. The reimbursement will be structured as a forgivable loan secured by a personal guarantee. Provided the building is held and properly maintained by CAR Properties for 5 years after project completion, the entirety of the loan will be forgiven. If the property is sold within 5 years of project completion, the entirety of the loan must be repaid along with 6% accrued interest from the date funding was provided. Project Schedule CAR Properties is anxious to begin the proposed repair and renovation work as soon as possible and have it completed by summer’s end. Current/Estimated Market Value The subject property’s current assessed value is $142,100 and is declining. Upon renovation and tenancy the property’s value would stabilize. Job Creation The proposed repair and renovation work would result in several temporary construction jobs. Additional employment opportunities will result from the future commercial tenant in the building. Redevelopment Contract The following is a summary of the Contract for Private Redevelopment between the EDA and CAR Properties, LLC (“Redeveloper”), for the repair and renovation of 6414 and 6416 West Lake St. South. The proposed Contract is virtually the same as the previously approved Contract with Mr. Rahman for the renovation of the former Bikemasters building except for the dollar amount. 1. The Redeveloper will construct the Minimum Improvements (repair and renovate the subject property) in accordance with the terms of the Contract, the Redevelopment Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). 2. The Redeveloper will secure all permits, licenses and approvals necessary for construction of the Minimum Improvements. EDA Meeting of June 4, 2012 (Item No. 7a) Page 3 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC 3. The parties agree that the proposed improvements by the Redeveloper would not occur before July 1, 2011 but for the assistance being provided by the EDA. 4. The EDA has determined that, in order to make improvements of the Minimum Improvements financially feasible and to expedite such development and stimulate the rapid creation of jobs pursuant to the Job Creation Act, it is necessary to provide the Redeveloper with a CAP Loan for a portion of the costs of interior and exterior renovation and construction of the Minimum Improvements on the Redevelopment Property (detailed as Schedule B “Public Redevelopment Costs” in the Contract). 5. To assist the Redeveloper with payment of the Public Redevelopment Costs, the EDA shall provide the Redeveloper with a CAP Loan in the principal amount of the lesser of $25,000 or 33% of the actual Public Redevelopment Costs. The EDA shall loan the CAP Loan funds to Redeveloper upon Redeveloper having: (a) no later than December 1, 2012, delivered to the EDA written evidence satisfactory to the EDA that Redeveloper has incurred the Public Redevelopment Costs, which evidence must include copies of the paid invoices or other comparable evidence for the Public Redevelopment Costs; (b) delivered lien waivers from each contractor, including subcontractors, who shall be engaged to work on, or to furnish materials and supplies for the Minimum Improvements, for all work done and for all materials furnished by it for the Minimum Improvements. 6. The source of funds for the CAP Loan will be Tax Increments from the City’s TIF Districts pursuant to the Spending Plan, in accordance with the Job Creation Act. 7. The Redeveloper understands and acknowledges that the CAP Loan must be fully repaid, along with accrued interest at the rate of 6.0%, if the Redeveloper fails to maintain the Minimum Improvements in good repair and condition, if a Transfer of the Redevelopment Property occurs at any time before the Termination Date, or if the EDA exercises its right to terminate the Contract as a remedy for any Event of Default. 8. The parties agree and understand that the financial assistance described in the Contract does not constitute a business subsidy within the meaning of the Business Subsidy Act. The Redeveloper releases and waives any claim against the EDA from application of the Business Subsidy Act to this Agreement, including any claim that the EDA failed to comply with the Business Subsidy Act with respect to the Contract. 9. The parties agree and understand that the Contract is subject to the job creation requirements of the Job Creation Act. Accordingly, through the use of the CAP Loan, the Redeveloper shall cause the renovation of the Minimum Improvements, which renovation shall create or retain construction jobs. In addition, the Redeveloper shall cause to be created such new full-time equivalent jobs as permitted by the construction of the Minimum Improvements, and subsequent leasing of the commercial and office space therein. EDA Meeting of June 4, 2012 (Item No. 7a) Page 4 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC 10. The Redeveloper must submit to the EDA a written report regarding job goals and results by no later than February 1 of each year, commencing February 1, 2013 and continuing until the Termination Date or if the goals are not met, the date the CAP Loan is repaid. 11. Redeveloper agrees that it will construct or cause construction of the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and that it will, during any period while the Redeveloper retains ownership of any portion of the Minimum Improvements, operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept in good repair and condition. 12. Before commencing construction of the Minimum Improvements, the Redeveloper shall submit to the EDA Construction Plans for the Minimum Improvements acceptable to the EDA. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Contract, the Redevelopment Plan and all applicable State and local laws and regulations. 13. If the Redeveloper desires to make any material change (meaning changes that increase or decrease construction costs by $100,000 or more) in the Construction Plans after their approval by the EDA, the Redeveloper shall submit the proposed change to the EDA for its approval. The EDA’s approval of any such change in the Construction Plans will not be unreasonably withheld. 14. The Redeveloper shall commence construction of the Minimum Improvements by July 1, 2012. The Redeveloper shall complete the construction of the Minimum Improvements by December 1, 2012. All work with respect to the Minimum Improvements to be constructed by the Redeveloper shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the EDA. 15. Promptly after completion of the Minimum Improvements in accordance with those provisions of the Contract relating solely to the obligations of the Redeveloper to construct the Minimum Improvements, the EDA Representative shall deliver to the Redeveloper a Certificate of Completion. (a) If the EDA Representative refuses or fails to provide the above certification, the EDA Representative shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the EDA, for the Redeveloper to take or perform in order for the EDA to issue the Certificate of Completion. (b) The construction of the Minimum Improvements shall be deemed to be substantially complete upon issuance of a certificate of occupancy for the Minimum Improvements, and upon determination by the EDA Representative that all related site improvements on the Redevelopment Property have been substantially completed in accordance with approved Construction Plans. EDA Meeting of June 4, 2012 (Item No. 7a) Page 5 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC 16. Redeveloper agrees not to transfer the Redevelopment Agreement or the Redevelopment Property (except to an affiliate) during the term of the Contract. 17. Redeveloper agrees that the EDA and the City (the “Indemnified Parties”) shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Development Property or the Minimum Improvements. 18. Redeveloper agrees to protect and defend the Indemnified Parties and further agrees to hold the Parties harmless from any claim, demand, suit, action, or other proceeding whatsoever by the construction, installation, ownership, maintenance, and operation of the Development Property. 19. Redeveloper agrees until the Termination Date that it shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon. 20. The Redeveloper agrees that no portion of the Redevelopment Property will be used for a sexually-oriented business, a pawnshop, a check-cashing business, payday loan agency, a tattoo business; or a gun business. Business Subsidy The assistance provided to the Redeveloper under the Contract does not constitute a “business subsidy” under the Minnesota Business Subsidy Act because the proposed assistance is less than $150,000. FINANCIAL OR BUDGET CONSIDERATION: To stimulate private construction activity within the city it is proposed that the EDA consider providing CAR Properties, LLC with up to $25,000 through the Construction Assistance Program to repair and renovate the properties at 6414 and 6416 West Lake St. Such funds would be provided on a reimbursement basis and as a forgivable loan from tax increment generated by eight of the City’s TIF districts. VISION CONSIDERATION: Renovating existing buildings through the Construction Assistance Program is consistent with elements of Vision St. Louis Park as it facilitates and promotes environmental stewardship and green development. Attachments: Resolution of Approval Contract for Private Redevelopment with CAR Properties, LLC Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager EDA Meeting of June 4, 2012 (Item No. 7a) Page 6 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 12-____ RESOLUTION APPROVING A CONTRACT FOR PRIVATE REDEVELOPMENT WITH AND A CONSTRUCTION ASSISTANCE PROGRAM LOAN TO CAR PROPERTIES, LLC, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR SUCH LOAN. BE IT RESOLVED BY the Board of Commissioners (“Board”) of the St. Louis Park Economic Development Authority, St. Louis Park, Minnesota (the “Authority”) as follows: Section 1. Authorization; Award of Loan. 1.01. Authorization. The Authority and the City of St. Louis Park have heretofore approved the establishment of the Victoria Ponds, Park Center Housing, CSM, Mill City, Edgewood, Wolfe Lake, Aquila Commons, and Elmwood Tax Increment Financing Districts (the “TIF Districts”) within Redevelopment Project No. 1 (“Project”), have adopted a spending plan (the “Spending Plan”) pursuant to Minnesota Laws 2010, Chapter 216, Section 32 (the “Job Creation Act”) for the purpose of financing certain improvements within the Project using tax increments from the TIF Districts to stimulate job creation, and have established a Construction Assistance Program (“CAP”) to provide further guidelines for use of the tax increments from the TIF Districts under the Spending Plan. Pursuant to the Job Creation Act, the Authority is authorized to provide loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities to create or retain jobs. Such assistance is payable from all or any portion of revenues derived from the TIF Districts and authorized for such use under the Spending Plan. The Authority hereby finds and determines that it is in the best interests of the Authority to provide a CAP Loan to CAR Properties, LLC (the “Redeveloper”) for the purpose of financing certain Public Redevelopment Costs in connection with the construction by the Redeveloper of certain Minimum Improvements, all as such terms are defined in the Contract for Private Redevelopment between the Authority and the Redeveloper (the “Agreement”) presented to the Board on the date hereof. 1.02. Approval of Agreement; Terms of the Loan. (a) The Authority hereby authorizes the President and Executive Director to execute the Agreement in substantially the form presented to the Board, 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 Agreement by those officials shall be conclusive evidence of their approval. All capitalized terms in this resolution have the meaning provided in the Agreement unless the context requires otherwise. EDA Meeting of June 4, 2012 (Item No. 7a) Page 7 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC (b) Pursuant to the Agreement, the Authority will loan to the Redeveloper the CAP Loan in the principal amount of the lesser of $25,000 or 33% of the Public Redevelopment Costs actually incurred by the Redeveloper, evidenced by a promissory note (the “Note”) and secured by the personal guaranty of Curt Rahman (the “Guaranty”) to be executed and delivered to the Authority by the Redeveloper in substantially the forms attached hereto as Exhibit A and Exhibit B. Proceeds of the CAP Loan shall be disbursed in accordance with Section 3.3 of the Agreement. The CAP Loan shall bear interest at the rate of 6.0% per annum, subject to the provisions of Section 2 hereof. Section 2. Repayment of Loan. The entire unpaid balance of principal and interest shall be due and payable upon the earlier of the following: (i) thirty (30) days after written notification by the Authority to the Redeveloper of the occurrence of an Event of Default as defined in the Agreement or Guaranty; or (ii) ten (10) days after the Redeveloper makes or allows to be made any total or partial Transfer of the Redevelopment Property, if such transfer occurs within five (5) years after the issuance of a Certificate of Completion for the Minimum Improvements as provided in Section 4.4 of the Agreement. If no Transfer occurs within five (5) years of the issuance of the Certificate of Completion for the Minimum Improvements, no payments of interest shall be payable on this CAP Loan and the principal balance shall be forgiven. Section 3. Effective Date. This resolution shall be effective upon approval. Reviewed for Administration: Adopted by the Economic Development Authority June 4, 2012 Executive Director President Attest Secretary EDA Meeting of June 4, 2012 (Item No. 7a) Page 8 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Exhibit A PROMISSORY NOTE $______________ ____________, 2012 Interest rate: 6.0% CAR Properties, LLC (“Maker”), for value received, hereby promises to pay to the St. Louis Park Economic Redevelopment Authority, a public body corporate and politic under the laws of Minnesota, or its assigns (collectively referred to herein as “Holder”), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of ________ and no/100ths Dollars ($_______.00), with interest thereon at the rate of six percent (6.0%) per annum, in any coin or currency that at the time or times of payment is legal tender for the payment of private debts in the United States of America. The principal of and interest on this Note is payable as follows: 1. Simple interest shall accrue from the date of delivery, calculated on the basis of a 360-day year consisting of twelve 30-day months. The entire unpaid balance of principal and interest shall be due and payable upon the earlier of the following: (i) thirty (30) days after written notification by Holder to Maker of the occurrence of an Event of Default as defined in the Contract for Private Redevelopment between the Maker and the Holder, dated as of June 4, 2012 (the “Agreement”); or (ii) ten (10) days after the Maker makes or allows to be made any total or partial transfer, sale, assignment, conveyance, lease, or transfer in any other mode, of the Redevelopment Property (as defined in the Agreement), if such transfer occurs within five (5) years after the date of issuance of a Certificate of Completion for the Minimum Improvements as defined in the Agreement. No Transfer of the Redevelopment Property occurs within five (5) years of the date of the Certificate of Completion and no Event of Default occurs and continues by such date, no interest payments shall be payable on this Note and the entire principal balance shall be forgiven. 2. This Note is secured by the personal guaranty by Curt Rahman in favor of the Holder of even date herewith (the “Guaranty”), given to the Holder on the date hereof. All of the agreements, conditions, covenants, provisions, and stipulations contained in the Agreement and the Guaranty are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If an Event of Default occurs under the Agreement, the Guaranty, or any other instrument securing this Note, then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note and interest accrued thereon, together with reasonable attorneys fees and expenses incurred by the Holder of this Note in collecting or enforcing payment hereof, whether by lawsuit or otherwise, and all other sums due hereunder or any instrument securing this Note. The Maker of this Note agrees that the Holder of this Note may, without notice to and without affecting the liability of the Maker, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 3. The remedies of the Holder of this Note as provided herein, and in the Agreement, the Guaranty, or any other instrument securing this Note, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the EDA Meeting of June 4, 2012 (Item No. 7a) Page 9 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Holder of this Note, may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 4. If any term of this Note, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of such term to persons or circumstances other than those to which it is invalid or unenforceable shall not be affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent permitted by law. 5. If any Event of Default occurs, and if Holder engages legal counsel or others in connection with advice to Holder or Holder’s rights and remedies under the Agreement or this Note, Maker shall pay all reasonable expenses incurred by Holder for such persons, irrespective of whether any suite or other proceeding has been or is filed or commenced. Any such expenses, costs and charges shall constitute additional principal, payable upon demand, and subject to this Note and the Guaranty. 6. It is intended that this Note is made with reference to and shall be construed as a Minnesota contract and is governed by the laws thereof. Any disputes, controversies, or claims arising out of this Note or the Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Note and the Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 7. The performance or observance of any promise or condition set forth in this Note may be waived, amended, or modified only by a writing signed by the Maker and the Holder. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. EDA Meeting of June 4, 2012 (Item No. 7a) Page 10 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC IN WITNESS WHEREOF, the Maker has caused this Note to be duly executed as of the ________ day of ______________, 2012. CAR PROPERTIES, LLC By: ______________________________________ Its _________________________________ [SIGNATURE PAGE FOR PROMISSORY NOTE] EDA Meeting of June 4, 2012 (Item Page 11 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Exhibit B GUARANTY AGREEMENT THIS GUARANTY AGREEMENT is entered into as of this _____ day of ________, 2012, by Curt Rahman (the "Guarantor"), for the benefit of the ST. LOUIS PARK ECONOMIC DEVELOPMENT Authority, a public body corporate and politic under the laws of Minnesota ("Authority"). WITNESSETH: WHEREAS, Guarantor is principal of CAR Properties, LLC, a Minnesota limited liability company (the “Company”); and WHEREAS, Company owns certain property located at 6414 and 6416 West Lake Street, Louis Park, MN 55416 (“Property”) and desires to make certain improvements to the Property in order to renovate and redevelop the Property as rental commercial and office space; and WHEREAS, Authority has agreed to make a loan of $________ (the "Loan") in order to assist Company to make the improvements for the benefit of the Property; and WHEREAS, Authority has agreed to make the Loan on the condition that the Guarantor execute a personal guaranty agreement (the "Guaranty Agreement") to Authority equal to one hundred percent (100%) of the Loan, including principal and accrued interest thereon. NOW, THEREFORE, in order to obtain such benefit, the Guarantor does hereby, subject to the terms hereof, covenant and agree with Authority as follows: ARTICLE I: Representations and Warranties of the Guarantor Section 1.1. The Guarantor represents and warrants as follows: (a) the execution and delivery of this Guaranty Agreement and the fulfillment of the terms and conditions hereof do not and will not conflict with or result in a breach of any of the terms or conditions of any agreement or instrument to which the Guarantor is now a party, and will not constitute a default under any of the foregoing, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the Guarantor’s property or assets contrary to the terms of any instrument or agreement; (b) the assumption of obligations hereunder will result in a direct financial benefit to the Guarantor; (c) the Guarantor is not, on the date of execution of this instrument, in default under any agreement creating, evidencing or securing any indebtedness of the Guarantor or guaranteeing any indebtedness of any other person; (d) there is no action, suit, investigation, or proceeding pending against or affecting the Guarantor or the business, operations, or properties of the Guarantor, before or by any governmental department, commission, board, bureau or agency or any court, arbitrator or EDA Meeting of June 4, 2012 (Item Page 12 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC jury, which could, if determined adversely, result in any material adverse change in the business, operations, or properties of the Guarantor or in the ability of the Guarantor to perform his obligations under this Guaranty Agreement; (e) no governmental order, permission, consent, approval or authorization is required to be obtained and no registration or declaration is required to be filed in connection with the execution and delivery of this instrument by the Guarantor; and (f) the Guarantor has filed all United States and state tax returns which are required to be filed, and has paid or made provision for payment of all taxes which have become due pursuant to such returns. ARTICLE II: Covenants and Agreements of Guarantor Section 2.1. Guaranty. The Guarantor hereby absolutely, irrevocably and unconditionally guarantees to the Authority, the full and prompt performance of all of the terms, covenants, and conditions to be performed by the Guarantor under the Contract for Private Redevelopment (the “Agreement”) and any payments due under the Promissory Note (the “Note”) to be executed by CAR Properties, LLC securing repayment of the Loan. The Authority shall have the right to proceed first and directly against the Guarantor under this Guaranty Agreement without proceeding against or exhausting any other remedies it may have, and without resorting to any other security or guaranty now or hereafter held by it. Section 2.2. Obligations Unconditional. The obligations of the Guarantor under this Guaranty Agreement shall be absolute, irrevocable and unconditional, shall remain in full force and shall not be affected, modified or impaired upon the happening from time to time of any event, including without limitation any of the following: (a) any failure, omission, delay or lack on the part of the Authority or the Guarantor, to enforce, assert or exercise any right, power or remedy conferred on the Authority or the Guarantor in this Guaranty or any other act or acts on the part of the Authority or the Guarantor; (b) the voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all the assets, marshalling of assets and liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition with creditors or readjustment of, or other similar proceedings affecting the Guarantor or CAR Properties, LLC, or any of his or its assets, or any allegation or contest of the validity of this Guaranty in any such proceeding; (c) to the extent permitted by law, the release or discharge of the Guarantor from the performance or observance of any obligation, covenant or agreement contained in this Guaranty Agreement or arising by operation of law; or (d) the default or failure of the Guarantor to perform fully any of his obligations set forth in this Guaranty Agreement. EDA Meeting of June 4, 2012 (Item Page 13 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Section 2.3. No Set-Off. No set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature which the Guarantor has or may have against Authority shall be available hereunder to the Guarantor against Authority in any proceeding hereunder. Section 2.4. Waiver of Notice. The Guarantor hereby expressly waives notice from Authority of its acceptance of and reliance upon this Guaranty Agreement. Section 2.5. Payment of Fees and Expenses. The Guarantor agrees to pay all the costs, expenses and fees including all reasonable attorneys' fees, which may be incurred by Authority in enforcing or attempting to enforce this Guaranty Agreement following any default on the part of the Guarantor hereunder, whether the same shall be enforced by suit or otherwise. Section 2.6. Waiver by Guarantor. The Guarantor waives any right it may have to claim that any payment made under or required by this Guaranty Agreement is a "fraudulent conveyance" under fraudulent conveyance laws of any state or the United States. Section 2.7. The Payments. Authority shall provide to the Guarantor five (5) days notice of any payment required to be made by the Guarantor pursuant to the terms hereof. All payments by the Guarantor hereunder shall be made in immediately available U.S. funds to Authority at its office in the City Hall of the City of St. Louis Park or as otherwise directed by Authority in writing, by 12:00 noon, Central time on the date due. ARTICLE III: Miscellaneous Section 3.1. When Obligations Arise; Termination. The obligations of the Guarantor hereunder shall arise absolutely and unconditionally when the Loan shall have been made by Authority to CAR Properties, LLC, and shall continue until satisfaction of the Loan under the terms of the Agreement and the Note. Section 3.2. Remedies Cumulative. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default, omission or failure of performance hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In the event any provision contained in this Guaranty Agreement should be breached by the Guarantor and thereafter duly waived by the Authority, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Section 3.3. No Waiver. No waiver, amendment, release or modification of this Guaranty Agreement shall be established by conduct, custom or course of dealing, but solely by an instrument in writing duly executed by the parties hereto. Section 3.4. Restoration of Positions. If the Authority has instituted any proceeding to enforce any right or remedy under this Guaranty Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Authority, then and in every such case the Guarantor and Authority shall, subject to any determination in such EDA Meeting of June 4, 2012 (Item Page 14 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Authority shall continue as though no such proceeding had been instituted. Section 3.5. Entire Agreement; Counterparts. This Guaranty Agreement constitutes the entire agreement, and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the personal guaranty of the Guarantor and may be executed simultaneously in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Section 3.6. Invalidity. The invalidity or unenforceability of any one or more phrases, sentences, clauses or sections in the Guaranty Agreement shall not affect the validity or enforceability of the remaining portions of this Guaranty Agreement, or any part thereof. Section 3.7. Applicable Law. This Guaranty Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. Section 3.8. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when mailed, certified mail, return receipt requested, postage prepaid, with proper address as set forth below. The Guarantor and Authority may, by written notice to the other, designate any other address to which notices or other communications to it shall be sent when contemplated by this Guaranty Agreement. Until otherwise provided, all notices and other communications shall be addressed as follows: To the Guarantor: Curt Rahman CAR Properties, LLC P.O. Box 16173 St. Louis Park, MN 55416 To Authority St. Louis Park Economic Development Authority 5005 Minnetonka Avenue St. Louis Park, MN 55416 Attn: Executive Director EDA Meeting of June 4, 2012 (Item Page 15 Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC IN WITNESS WHEREOF, the Guarantor has caused this Guaranty Agreement to be executed as of the date first above written. ___________________________________ Curt Rahman Accepted this ____ day of June by St. Louis Park Economic Development Authority. By________________________________________ Its Executive Director By _______________________________________ Its President This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 First draft, May 23, 2012 CONTRACT FOR PRIVATE REDEVELOPMENT By and Between ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY and CAR PROPERTIES, LLC Dated as of: June __, 2012 This document was drafted by: KENNEDY & GRAVEN, Chartered (MNI) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 (612) 337-9300 http://www.kennedy-graven.com EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 16 TABLE OF CONTENTS Page PREAMBLE ...................................................................................................................................1 ARTICLE I Definitions Section 1.1. Definitions................................................................................................................2 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority.............................................................................6 Section 2.2. Representations and Warranties by the Redeveloper ...............................................6 ARTICLE III Property Acquisition; Public Redevelopment Costs Section 3.1. Status of Redevelopment Property ...........................................................................8 Section 3.2. Environmental Conditions .......................................................................................8 Section 3.3. CAP Loan .................................................................................................................9 Section 3.4. Business Subsidy ...................................................................................................11 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements ..............................................................................10 Section 4.2. Construction Plans .................................................................................................10 Section 4.3. Commencement and Completion of Construction .................................................12 Section 4.4. Certificate of Completion ......................................................................................12 Section 4.5. Records ..................................................................................................................14 ARTICLE V Insurance Section 5.1. Insurance ................................................................................................................16 ARTICLE VI Taxes Section 6.1. Intentionally Omitted .............................................................................................18 Section 6.2. Review of Taxes ....................................................................................................18 EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 17 ARTICLE VII Intentionally Omitted ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment .....................................................................20 Section 8.2. Prohibition Against Redeveloper’s Transfer of Property and Assignment of Agreement .....................................................................................20 Section 8.3. Release and Indemnification Covenants ................................................................21 ARTICLE IX Events of Default Section 9.1. Events of Default Defined .....................................................................................23 Section 9.2. Remedies on Default ..............................................................................................23 Section 9.3. No Remedy Exclusive............................................................................................24 Section 9.4. No Additional Waiver Implied by One Waiver ....................................................24 Section 9.5. Attorney Fees .........................................................................................................24 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable .............................25 Section 10.2. Equal Employment Opportunity ............................................................................25 Section 10.3. Restrictions on Use ................................................................................................25 Section 10.4. Provisions Not Merged With Deed ........................................................................25 Section 10.5. Titles of Articles and Sections ...............................................................................25 Section 10.6. Notices and Demands ............................................................................................25 Section 10.7. Counterparts ...........................................................................................................26 Section 10.8. Recording ...............................................................................................................26 Section 10.9. Amendment ............................................................................................................26 Section 10.10. Authority Approvals ..............................................................................................26 TESTIMONIUM ...........................................................................................................................27 SIGNATURES ..............................................................................................................................27 SCHEDULE A Redevelopment Property SCHEDULE B Public Redevelopment Costs SCHEDULE C CAP Loan Resolution SCHEDULE D Certificate of Completion EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 18 CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the __ day of June, 2012, by and between the St. Louis Park Economic Redevelopment Authority (the “Authority”), a public body corporate and politic under the laws of Minnesota, and CAR Properties, LLC (the “Redeveloper”), a Minnesota limited liability company. WITNESSETH: WHEREAS, the Authority was created pursuant to Minnesota Statutes Sections 469.090 to 469.1081 (the “Act”) and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of St. Louis Park, Minnesota (the “City”); and WHEREAS, the Authority has undertaken a program to promote the development and redevelopment of land which is underutilized within the City, and in this connection created the Redevelopment Project No. 1 (hereinafter referred to as the “Project”) in an area (hereinafter referred to as the “Project Area”) located in the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”); and WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain activities to prepare such real property for development and redevelopment by private enterprise; and WHEREAS, the Redeveloper has acquired certain property (the “Redevelopment Property”) in the Project Area and intends to redevelop on that property an existing commercial facility, as further described herein (the “Minimum Improvements”); and WHEREAS, the Authority has previously established the Victoria Ponds, Park Center Housing, CSM, Mill City, Edgewood, Wolfe Lake, Aquila Commons, and Elmwood Tax Increment Financing Districts (the “TIF Districts”) pursuant to Minnesota Statutes, Sections 469.174 to 469.1799, as amended, made up of property in the Project Area; and WHEREAS, the City and Authority have duly established a Spending Plan (the “Spending Plan”) for the TIF Districts pursuant to Minnesota Laws 2010, Chapter 216, Section 32 (the “Job Creation Act”), which authorizes the use of tax increments from the TIF Districts to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction that will create or retain jobs, and have further implemented a Construction Assistance Program (“CAP”) which provides policy guidelines for such use of tax increments pursuant to the Spending Plan; and WHEREAS, the Authority intends to provide assistance to the Redeveloper pursuant to the CAP and Spending Plan, as more fully described herein; and WHEREAS, the Authority believes that the development of the Redevelopment Property pursuant to and in general fulfillment of this Agreement, conforms to the Spending Plan, CAP EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 19 and Job Creation Act and is in the vital and best interests of the City, will promote the health, safety, morals, and welfare of its residents, and will be in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 20 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: “Act” means Minnesota Statutes Sections 469.090 to 469.1081, as amended. “Affiliate” means with respect to any entity (a) any corporation, partnership, limited liability company or other business entity or person controlling, controlled by or under common control with the entity, and (b) any successor to such party by merger, acquisition, reorganization or similar transaction involving all or substantially all of the assets of such party (or such Affiliate). For the purpose hereof the words “controlling”, “controlled by” and “under common control with” shall mean, with respect to any corporation, partnership, limited liability company or other business entity, the ownership of fifty percent or more of the voting interests in such entity or possession, directly or indirectly, of the power to direct or cause the direction of management policies of such entity, whether through ownership of voting securities or by contract or otherwise. “Agreement” means this Agreement, as the same may be from time to time modified, amended, or supplemented. “Authority” means the St. Louis Park Economic Redevelopment Authority. “Authority Representative” means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. “Business Day” means any day except a Saturday, Sunday, legal holiday, a day on which the City is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. “Business Subsidy Act” means Minnesota Statutes, Sections 116J.993 to 116J.995, as amended. “CAP” means the City’s Construction Assistance Program, adopted by the City Council and Authority on July 19, 2010. “CAP Loan” means the loan, substantially in the form contained in the Loan Resolution, to be delivered by the Authority to the Redeveloper in accordance with Section 3.4 hereof to reimburse the Redeveloper for Public Redevelopment Costs. “CAP Loan Resolution” means the resolution of the Authority, substantially in the form of attached Schedule B to be adopted by the Authority to authorize the CAP Loan. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 21 “City” means the City of St. Louis Park, Minnesota. “Certificate of Completion” means the certification provided to the Redeveloper pursuant to Section 4.4 of this Agreement. “Construction Plans” means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following: (1) site plan; (2) floor plan; (3) landscape plan; and (4) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. “County” means the County of Hennepin, Minnesota. “Event of Default” means an action by the Redeveloper listed in Article IX of this Agreement. “HRA Act” means Minnesota Statutes, Sections 469.001 to 469.047, as amended. “Job Creation Act” means Minnesota Laws 2010, Chapter 216, Section 32. “Minimum Improvements” means renovation, on the Redevelopment Property, of an existing commercial facility, to be leased to commercial tenants. Such renovation shall include all Public Redevelopment Costs attached hereto as Schedule B. “Parcel” means any parcel of the Redevelopment Property. “Project” means the Authority’s Redevelopment Project No. 1. “Project Area” means the geographic area within the boundaries of the Project. “Public Redevelopment Costs” has the meaning provided in Section 3.3(a) hereof. “Redeveloper” means CAR Properties, LLC, a Minnesota limited liability company, or its permitted successors and assigns. “Redevelopment Plan” means the Redevelopment Plan for the Project. “Redevelopment Property” means the real property described in Schedule A of this Agreement. “Spending Plan” means the Spending Plan for the TIF Districts approved by the City Council and Authority on July 19, 2010, pursuant to the Job Creation Act. “State” means the state of Minnesota. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 22 “Tax Official” means any County assessor, County auditor, County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. “Termination Date” means five years after the date of issuance of the certificate of completion for the Minimum Improvements or earlier termination pursuant to this Agreement. “TIF Districts” means the Victoria Ponds, Park Center Housing, CSM, Mill City, Edgewood, Wolfe Lake, Aquila Commons, and Elmwood Tax Increment Financing Districts previously created by the City and the Authority. “Transfer” has the meaning set forth in Section 8.2(a) hereof. “Unavoidable Delays” means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the Authority or City in exercising their rights under this Agreement), including without limitation condemnation or threat of condemnation of any portion of the Redevelopment Property, which directly result in delays. Unavoidable Delays shall not include delays experienced by the Redeveloper in obtaining permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement, so long as the Construction Plans have been approved in accordance with Section 4.2 hereof. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 23 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the Act and the HRA Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority will use its best efforts to facilitate development of the Minimum Improvements, including but not limited to cooperating with the Redeveloper in obtaining necessary administrative and land use approvals and construction financing pursuant to Section 7.1 hereof. (c) The Authority will make the CAP Loan, subject to all the terms and conditions of the CAP policy guidelines and this Agreement. (d) The activities of the Authority are undertaken pursuant to the Job Creation Act for the purpose of fostering the development and redevelopment of certain real property, which will provide employment opportunities, revitalize this portion of the Project Area, and increase the tax base. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability company, duly established and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its articles of organization or bylaws, is duly qualified as a domestic limited liability company and authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery, and performance of this Agreement by proper action of its members. (b) The Redeveloper will construct the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), and has sufficient funding to complete all such Minimum Improvements. (c) The Redeveloper will use reasonable efforts to secure all permits, licenses and approvals necessary for construction of the Minimum Improvements. (d) The Redeveloper has received no written notice or other written communication from any local, state or federal official that the activities of the Redeveloper or the Authority in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Redeveloper is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 24 (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) The proposed development by the Redeveloper hereunder would not occur before July 1, 2012 but for the assistance being provided by the Authority hereunder. [The remainder of this page is intentionally left blank.] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 25 ARTICLE III Property Acquisition; Public Redevelopment Costs Section 3.1. Status of Redevelopment Property. The Redevelopment Property consists of the properties located at 6414 and 6416 West Lake Street, St. Louis Park, MN. As of the date of this Agreement the Redeveloper has acquired the Redevelopment Property. The Authority has no obligation to acquire the Redevelopment Property. Section 3.2. Environmental Conditions. (a) The Redeveloper acknowledges that the Authority makes no representations or warranties as to the condition of the soils on the Redevelopment Property or the fitness of the Redevelopment Property for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property, and that the assistance provided to the Redeveloper under this Agreement neither implies any responsibility by the Authority or the City for any contamination of the Redevelopment Property nor imposes any obligation on such parties to participate in any cleanup of the Redevelopment Property. (b) Without limiting its obligations under Section 8.3 of this Agreement the Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on or in the Redevelopment Property (including without limitation any asbestos in any existing building), unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of the indemnitees. Nothing in this section will be construed to limit or affect any limitations on liability of the City or Authority under State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02. Section 3.3. CAP Loan. (a) Generally. The Authority has determined that, in order to make development of the Minimum Improvements financially feasible and to expedite such development and stimulate the rapid creation of jobs pursuant to the Job Creation Act, it is necessary to provide the Redeveloper with a CAP Loan to pay a portion of the costs incurred by the Redeveloper to install a new roof, energy-efficient HVAC system, upgraded bathroom, and front window, and to bring the Minimum Improvements up to code (the “Public Redevelopment Costs”), subject to the terms of this Section. (b) Terms. To assist the Redeveloper with payment of the Public Redevelopment Costs, the Authority shall provide the Redeveloper with the CAP Loan in the principal amount of the lesser of $25,000 or 33% of the actual Public Redevelopment Costs incurred by the Redeveloper. The Authority shall loan the CAP Loan funds to Redeveloper upon Redeveloper having: (i) no later than December 1, 2012, delivered to the Authority written evidence satisfactory to the Authority that Redeveloper has incurred the Public Redevelopment Costs, which evidence must include copies of the paid invoices or other comparable evidence for the Public Redevelopment Costs; and EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 26 (ii) delivered lien waivers from each contractor, including subcontractors, who shall be engaged to work on, or to furnish materials and supplies for the Minimum Improvements, for all work done and for all materials furnished by it for the Minimum Improvements. The terms of the CAP Loan will be substantially those set forth in the form of the CAP Loan Resolution shown in Schedule B, and the CAP Loan will be subject to all terms of the CAP Loan Resolution, which is incorporated herein by reference. The source of funds for the CAP Loan will be Tax Increments from the TIF Districts pursuant to the Spending Plan, in accordance with the Job Creation Act. (c) Termination of right to CAP Loan. In accordance with the Job Creation Act, construction of the Minimum Improvements must commence no later than July 1, 2012, and no extensions of the commencement date will be considered. If the construction has not commenced by such date, the Authority has no further obligations under this Section 3.3. (d) Assignment of CAP Loan. The parties agree and acknowledge that the CAP Loan may not be assigned to a third party. (e) Qualifications. The Redeveloper understands and acknowledges that the CAP Loan must be fully repaid, along with accrued interest at the rate of 6.0%, if the Redeveloper fails to maintain the Minimum Improvements in good repair and condition as required under Section 4.1 hereof, if a Transfer of the Redevelopment Property occurs at any time before the Termination Date, or if the Authority exercises its right to terminate this Agreement as a remedy for any Event of Default under Article IX hereof. Public Redevelopment Costs exceeding the principal amount of the CAP Loan are the sole responsibility of Redeveloper. Section 3.4. Business Subsidy. (a) Exemption. The parties agree and understand that the financial assistance described in this Agreement does not constitute a business subsidy within the meaning of the Business Subsidy Act, because the assistance is in an amount less than $150,000. The Redeveloper releases and waives any claim against the Authority and its governing body members, officers, agents, servants and employees thereof arising from application of the Business Subsidy Act to this Agreement, including without limitation any claim that the Authority failed to comply with the Business Subsidy Act with respect to this Agreement. (b) Job Goals. Notwithstanding the exemption from the requirements of the Business Subsidy Act described in Section 3.4(a), the parties agree and understand that this Agreement is subject to the job creation requirements of the Job Creation Act. Accordingly, through the use of the CAP Loan, the Redeveloper shall cause the renovation of the Minimum Improvements, which renovation shall create or retain construction jobs. In addition, the Redeveloper shall cause to be created such new full-time equivalent jobs as permitted by the construction of the Minimum Improvements, and subsequent leasing of the commercial space therein. (c) Reports. The Redeveloper must submit to the City a written report regarding job results by no later than February 1 of each year, commencing February 1, 2013 and continuing until the date the goals stated in Section 3.4(b) are met; or (ii) if the goals are not met, the date EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 27 the CAP Loan is repaid in accordance with its terms. The City will provide information to the Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required under this Section, the City will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Redeveloper fails to provide a report, the Redeveloper must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. [The remainder of this page is intentionally left blank.] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 28 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements. The Redeveloper agrees that it will construct or cause construction of the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and that it will, during any period while the Redeveloper retains ownership of any portion of the Minimum Improvements, operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Redeveloper shall submit to the Authority Construction Plans for the Minimum Improvements. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Redevelopment Plan and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; and (iv) no Event of Default has occurred. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. For the purpose of this section, the term “material” means changes that increase or decrease construction costs by $100,000 or more. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. The Redeveloper shall commence construction of the Minimum Improvements by July 1, 2012. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the Minimum Improvements by December 1, 2012. All work with respect to the Minimum Improvements to be constructed or EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 29 provided by the Redeveloper on the Redevelopment Property shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. The Redeveloper agrees for itself, its successors, and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until the Minimum Improvements have been fully leased, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, but no more than monthly, as to the actual progress of the Redeveloper with respect to such construction and leasing. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative shall deliver to the Redeveloper a Certificate in substantially the form shown as Schedule D, in recordable form and executed by the Authority. (b) If the Authority Representative shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order for the Authority to issue the Certificate of Completion. (c) The construction of the Minimum Improvements shall be deemed to be substantially complete upon issuance of a certificate of occupancy for the Minimum Improvements, and upon determination by the Authority Representative that all related site improvements on the Redevelopment Property have been substantially completed in accordance with approved Construction Plans. Section 4.5. Records. The Authority and the City, through any authorized representatives, shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Redeveloper relating to the Minimum Improvements. Such records shall be kept and maintained by Redeveloper through the Maturity Date. [The remainder of this page is intentionally left blank.] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 30 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder’s risk insurance, written on the so-called “Builder’s Risk -- Completed Value Basis,” in an amount equal to 100% of the principal amount of the Note, and with coverage available in nonreporting form on the so-called “all risk” form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) together with an Owner’s Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers’ compensation insurance, with statutory coverage, provided that the Redeveloper may be self-insured with respect to all or any part of its liability for workers’ compensation. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers’ compensation insurance respecting all employees of the Redeveloper, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self-insured with respect to all or any part of its liability for workers’ compensation. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 31 (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Redeveloper. (e) In lieu of its obligation to reconstruct the Minimum Improvements as set forth in this Section, the Redeveloper shall have the option of paying to the Authority an amount that, in the opinion of the Authority and its fiscal consultant, is sufficient to pay or redeem the outstanding principal and accrued interest on the CAP Loan. (f) The Redeveloper and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 32 ARTICLE VI Taxes Section 6.1. Intentionally Omitted. Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the Termination Date it will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property through: (A) willful destruction of the Redevelopment Property or any part thereof; or (B) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement, except as provided in Section 5.1(e). The Redeveloper also agrees that it will not, prior to the Termination Date, seek exemption from property tax for the Redevelopment Property or any portion thereof or transfer or permit the transfer of the Redevelopment Property to any entity that is exempt from real property taxes and state law (other than any portion thereof dedicated or conveyed to the City in accordance with platting of the Redevelopment Property), or apply for a deferral of property tax on the Redevelopment Property pursuant to any law. [The remainder of this page is intentionally left blank.] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 33 ARTICLE VII Intentionally Omitted EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 34 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Redevelopment Property and not for speculation in land holding. Section 8.2. Prohibition Against Redeveloper’s Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that during the term of this Agreement, except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to undertaking the development contemplated under this Agreement, and any other purpose authorized by this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity whether or not related in any way to the Redeveloper (collectively, a “Transfer”). If a Transfer occurs before the Termination Date, the Authority may accelerate the CAP Loan as provided in Section 3.3(e) hereof. For the purposes of this Agreement, the term Transfer does not include (i) acquisition of a controlling interest in Developer by another entity or merger of Developer with another entity; or (ii) any sale, conveyance, or transfer in any form to any Affiliate. Section 8.3. Release and Indemnification Covenants. (a) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties as hereinafter defined, and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Redeveloper releases from and covenants and agrees that the Authority, the City, and the governing body members, officers, agents, servants, and employees thereof (the “Indemnified Parties”) shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Redevelopment Property or the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Redeveloper agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance, and operation of the Redevelopment Property. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 35 (c) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties as hereinafter defined, and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants, or employees or any other person who may be about the Redevelopment Property or Minimum Improvements. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of such entity and not of any governing body member, officer, agent, servant, or employee of such entities in the individual capacity thereof. [The remainder of this page is intentionally left blank.] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 36 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be “Events of Default” under this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non-defaulting party provides thirty (30) days written notice to the defaulting party of the event, but only if the event has not been cured within said thirty (30) days or, if the event is by its nature incurable within thirty (30) days, the defaulting party does not, within such thirty-day period, provide assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) Failure by the Redeveloper or Authority to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement. (b) If, before issuance of the certificate of completion for all the Minimum Improvements, the Redeveloper shall (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law, which action is not dismissed within sixty (60) days after filing; or (ii) make an assignment for benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non-defaulting party may: (a) Suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) Upon a default by the Redeveloper under this Agreement, the Authority may accelerate the CAP Loan and terminate this Agreement. (c) Take whatever action, including legal, equitable, or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement, provided that nothing contained herein shall give the Authority the right to seek specific performance by Redeveloper of the construction of the Minimum Improvements. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 37 Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. To entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Attorney Fees. Whenever any Event of Default occurs and if the non- defaulting party employs attorneys or incurs other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party under this Agreement, the defaulting party shall, within ten (10) days of written demand by the non-defaulting party, pay to the non-defaulting party the reasonable fees of such attorneys and such other expenses so incurred by the non- defaulting party. [The remainder of this page is intentionally left blank.] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 38 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The Authority and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement that affects his personal interests or the interests of any corporation, partnership, or association in which he, directly or indirectly, is interested. No member, official, or employee of the City or Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or for any amount that may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state, and local equal employment and non-discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date, the Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to the operation of the Minimum Improvements as described in Section 1.1 hereof, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Redeveloper agrees that no portion of the Redevelopment Property will be used for a sexually-oriented business, a pawnshop, a check- cashing business, a tattoo business, or a gun business. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the following addresses (or to such other addresses as either party may notify the other): EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 39 To Redeveloper: CAR Properties, LLC Attn: Curt Rahman P.O. Box 16173 St. Louis Park, Minnesota 55416 To Authority: St. Louis Park Economic Redevelopment Authority Attn: Executive Director 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2518 Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Hennepin County recorder. The Redeveloper shall pay all costs for recording. The Redeveloper’s obligations under this Agreement are covenants running with the land for the term of this Agreement, enforceable by the Authority against the Redeveloper, its successor and assigns, and every successor in interest to the Redevelopment Property, or any part thereof or any interest therein. Section 10.9 Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Redeveloper. Section 10.10. Authority Approvals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative, except that final approval of issuance of the Note shall be made by the Authority’s board of commissioners. [The remainder of this page is intentionally left blank.] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 40 IN WITNESS WHEREOF, the Authority and Redeveloper have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 2012 by ______________________ and ___________________ the President and Executive Director of the St. Louis Park Economic Redevelopment Authority, on behalf of the Authority. Notary Public EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 41 CAR PROPERTIES, LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________, 2012, by _________________________, the _________________ of CAR Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 42 SCHEDULE A REDEVELOPMENT PROPERTY Property I.D. No: 1711721410080 and 1711721410079 EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 43 SCHEDULE B CAP LOAN RESOLUTION ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 12-____ RESOLUTION APPROVING A CONSTRUCTION ASSISTANCE PROGRAM LOAN TO CAR PROPERTIES, LLC, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR SUCH LOAN. BE IT RESOLVED BY the Board of Commissioners (“Board”) of the St. Louis Park Economic Redevelopment Authority, St. Louis Park, Minnesota (the “Authority”) as follows: Section 1. Authorization; Award of Loan. 1.01. Authorization. The Authority and the City of St. Louis Park have heretofore approved the establishment of the Victoria Ponds, Park Center Housing, CSM, Mill City, Edgewood, Wolfe Lake, Aquila Commons, and Elmwood Tax Increment Financing District (the “TIF Districts”) within Redevelopment Project No. 1 (“Project”), have adopted a spending plan (the “Spending Plan”) pursuant to Minnesota Laws 2010, Chapter 216, Section 32 (the “Job Creation Act”) for the purpose of financing certain improvements within the Project using tax increments from the TIF Districts to stimulate job creation, and have established a Construction Assistance Program (“CAP”) to provide further guidelines for use of the tax increments from the TIF Districts under the Spending Plan. Pursuant to the Job Creation Act, the Authority is authorized to provide loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities to create or retain jobs. Such assistance is payable from all or any portion of revenues derived from the TIF Districts and authorized for such use under the Spending Plan. The Authority hereby finds and determines that it is in the best interests of the Authority to provide a CAP Loan to CAR Properties, LLC (the “Redeveloper”) for the purpose of financing certain Public Redevelopment Costs in connection with the construction by the Redeveloper of certain Minimum Improvements, all as such terms are defined in the Contract for Private Redevelopment between the Authority and the Redeveloper (the “Agreement”) presented to the Board on the date hereof.. 1.02. Approval of Agreement; Terms of the Loan. (a) The Authority hereby authorizes the President and Executive Director to execute the Agreement in substantially the form presented to the Board, 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 EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 44 Agreement by those officials shall be conclusive evidence of their approval. All capitalized terms in this resolution have the meaning provided in the Agreement unless the context requires otherwise. (b) Pursuant to the Agreement, the Authority will loan to the Redeveloper the CAP Loan in the principal amount of the lesser of $25,000 or 33% of the Public Redevelopment Costs actually incurred by the Redeveloper, evidenced by a promissory note (the “Note”) and secured by the personal guaranty of Curt Rahman (the “Guaranty”) to be executed and delivered to the Authority by the Redeveloper in substantially the forms attached hereto as Exhibit A and Exhibit B. Proceeds of the CAP Loan shall be disbursed in accordance with Section 3.3 of the Agreement. The CAP Loan shall bear interest at the rate of 6.0% per annum, subject to the provisions of Section 2 hereof. Section 2. Repayment of Loan. The entire unpaid balance of principal and interest shall be due and payable upon the earlier of the following: (i) thirty (30) days after written notification by the Authority to the Redeveloper of the occurrence of an Event of Default as defined in the Agreement or Guaranty; or (ii) ten (10) days after the Redeveloper makes or allows to be made any total or partial Transfer of the Redevelopment Property, if such transfer occurs within five (5) years after the issuance of a Certificate of Completion for the Minimum Improvements as provided in Section 4.4 of the Agreement. If no Transfer occurs within five (5) years of the issuance of the Certificate of Completion for the Minimum Improvements, no payments of interest shall be payable on this CAP Loan and the principal balance shall be forgiven. Section 3. Effective Date. This resolution shall be effective upon approval. Reviewed for Administration: Adopted by the Economic Development Authority June 4, 2012 Executive Director President Attest Secretary EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 45 Exhibit A to CAP Loan Resolution PROMISSORY NOTE $______________ ____________, 2012 Interest rate: 6.0% CAR Properties, LLC (“Maker”), for value received, hereby promises to pay to the St. Louis Park Economic Redevelopment Authority, a public body corporate and politic under the laws of Minnesota, or its assigns (collectively referred to herein as “Holder”), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of ________ and no/100ths Dollars ($_______.00), with interest thereon at the rate of six percent (6.0%) per annum, in any coin or currency that at the time or times of payment is legal tender for the payment of private debts in the United States of America. The principal of and interest on this Note is payable as follows: 1. Simple interest shall accrue from the date of delivery, calculated on the basis of a 360-day year consisting of twelve 30-day months. The entire unpaid balance of principal and interest shall be due and payable upon the earlier of the following: (i) thirty (30) days after written notification by Holder to Maker of the occurrence of an Event of Default as defined in the Contract for Private Redevelopment between the Maker and the Holder, dated as of ___________, 2012 (the “Agreement”); or (ii) ten (10) days after the Maker makes or allows to be made any total or partial transfer, sale, assignment, conveyance, lease, or transfer in any other mode, of the Redevelopment Property (as defined in the Agreement), if such transfer occurs within five (5) years after the date of issuance of a Certificate of Completion for the Minimum Improvements as defined in the Agreement. No Transfer of the Redevelopment Property occurs within five (5) years of the date of the Certificate of Completion and no Event of Default occurs and continues by such date, no interest payments shall be payable on this Note and the entire principal balance shall be forgiven. 2. This Note is secured by the personal guaranty by Curt Rahman in favor of the Holder of even date herewith (the “Guaranty”), given to the Holder on the date hereof. All of the agreements, conditions, covenants, provisions, and stipulations contained in the Agreement and the Guaranty are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If an Event of Default occurs under the Agreement, the Guaranty, or any other instrument securing this Note, then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note and interest accrued thereon, together with reasonable attorneys fees and expenses incurred by the Holder of this Note in collecting or enforcing payment hereof, whether by lawsuit or otherwise, and all other sums due hereunder or any instrument securing this Note. The Maker of this Note agrees that the Holder of this Note may, without notice to and without affecting the liability of the Maker, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 46 3. The remedies of the Holder of this Note as provided herein, and in the Agreement, the Guaranty, or any other instrument securing this Note, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Holder of this Note, may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 4. If any term of this Note, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of such term to persons or circumstances other than those to which it is invalid or unenforceable shall not be affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent permitted by law. 5. If any Event of Default occurs, and if Holder engages legal counsel or others in connection with advice to Holder or Holder’s rights and remedies under the Agreement or this Note, Maker shall pay all reasonable expenses incurred by Holder for such persons, irrespective of whether any suite or other proceeding has been or is filed or commenced. Any such expenses, costs and charges shall constitute additional principal, payable upon demand, and subject to this Note and the Guaranty. 6. It is intended that this Note is made with reference to and shall be construed as a Minnesota contract and is governed by the laws thereof. Any disputes, controversies, or claims arising out of this Note or the Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Note and the Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 7. The performance or observance of any promise or condition set forth in this Note may be waived, amended, or modified only by a writing signed by the Maker and the Holder. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 47 IN WITNESS WHEREOF, the Maker has caused this Note to be duly executed as of the ________ day of ______________, 2012. CAR PROPERTIES, LLC By: ______________________________________ Its _________________________________ [SIGNATURE PAGE FOR PROMISSORY NOTE] EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 48 Exhibit B to CAP Loan Resolution GUARANTY AGREEMENT THIS GUARANTY AGREEMENT is entered into as of this _____ day of ________, 2012, by Curt Rahman (the "Guarantor"), for the benefit of the ST. LOUIS PARK ECONOMIC DEVELOPMENT Authority, a public body corporate and politic under the laws of Minnesota ("Authority"). WITNESSETH: WHEREAS, Guarantor is principal of CAR Properties, LLC, a Minnesota limited liability company (the “Company”); and WHEREAS, Company owns certain property located at 6414 West Lake Street and 6416 West Lake Street, St. Louis Park, MN 55416 (“Property”) and desires to make certain improvements to the Property in order to renovate and redevelop the Property as rental commercial space; and WHEREAS, Authority has agreed to make a loan of $________ (the "Loan") in order to assist Company to make the improvements for the benefit of the Property; and WHEREAS, Authority has agreed to make the Loan on the condition that the Guarantor execute a personal guaranty agreement (the "Guaranty Agreement") to Authority equal to one hundred percent (100%) of the Loan, including principal and accrued interest thereon. NOW, THEREFORE, in order to obtain such benefit, the Guarantor does hereby, subject to the terms hereof, covenant and agree with Authority as follows: ARTICLE I Representations and Warranties of the Guarantor Section 1.1. The Guarantor represents and warrants as follows: (a) the execution and delivery of this Guaranty Agreement and the fulfillment of the terms and conditions hereof do not and will not conflict with or result in a breach of any of the terms or conditions of any agreement or instrument to which the Guarantor is now a party, and will not constitute a default under any of the foregoing, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the Guarantor’s property or assets contrary to the terms of any instrument or agreement; (b) the assumption of obligations hereunder will result in a direct financial benefit to the Guarantor; (c) the Guarantor is not, on the date of execution of this instrument, in default under any agreement creating, evidencing or securing any indebtedness of the Guarantor or guaranteeing any indebtedness of any other person; EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 49 (d) there is no action, suit, investigation, or proceeding pending against or affecting the Guarantor or the business, operations, or properties of the Guarantor, before or by any governmental department, commission, board, bureau or agency or any court, arbitrator or jury, which could, if determined adversely, result in any material adverse change in the business, operations, or properties of the Guarantor or in the ability of the Guarantor to perform his obligations under this Guaranty Agreement; (e) no governmental order, permission, consent, approval or authorization is required to be obtained and no registration or declaration is required to be filed in connection with the execution and delivery of this instrument by the Guarantor; and (f) the Guarantor has filed all United States and state tax returns which are required to be filed, and has paid or made provision for payment of all taxes which have become due pursuant to such returns. ARTICLE II Covenants and Agreements of Guarantor Section 2.1. Guaranty. The Guarantor hereby absolutely, irrevocably and unconditionally guarantees to the Authority, the full and prompt performance of all of the terms, covenants, and conditions to be performed by the Guarantor under the Contract for Private Redevelopment (the “Agreement”) and any payments due under the Promissory Note (the “Note”) to be executed by CAR Properties, LLC securing repayment of the Loan. The Authority shall have the right to proceed first and directly against the Guarantor under this Guaranty Agreement without proceeding against or exhausting any other remedies it may have, and without resorting to any other security or guaranty now or hereafter held by it. Section 2.2. Obligations Unconditional. The obligations of the Guarantor under this Guaranty Agreement shall be absolute, irrevocable and unconditional, shall remain in full force and shall not be affected, modified or impaired upon the happening from time to time of any event, including without limitation any of the following: (a) any failure, omission, delay or lack on the part of the Authority or the Guarantor, to enforce, assert or exercise any right, power or remedy conferred on the Authority or the Guarantor in this Guaranty or any other act or acts on the part of the Authority or the Guarantor; (b) the voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all the assets, marshalling of assets and liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition with creditors or readjustment of, or other similar proceedings affecting the Guarantor or CAR Properties, LLC, or any of his or its assets, or any allegation or contest of the validity of this Guaranty in any such proceeding; EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 50 (c) to the extent permitted by law, the release or discharge of the Guarantor from the performance or observance of any obligation, covenant or agreement contained in this Guaranty Agreement or arising by operation of law; or (d) the default or failure of the Guarantor to perform fully any of his obligations set forth in this Guaranty Agreement. Section 2.3. No Set-Off. No set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature which the Guarantor has or may have against Authority shall be available hereunder to the Guarantor against Authority in any proceeding hereunder. Section 2.4. Waiver of Notice. The Guarantor hereby expressly waives notice from Authority of its acceptance of and reliance upon this Guaranty Agreement. Section 2.5. Payment of Fees and Expenses. The Guarantor agrees to pay all the costs, expenses and fees including all reasonable attorneys' fees, which may be incurred by Authority in enforcing or attempting to enforce this Guaranty Agreement following any default on the part of the Guarantor hereunder, whether the same shall be enforced by suit or otherwise. Section 2.6. Waiver by Guarantor. The Guarantor waives any right it may have to claim that any payment made under or required by this Guaranty Agreement is a "fraudulent conveyance" under fraudulent conveyance laws of any state or the United States. Section 2.7. The Payments. Authority shall provide to the Guarantor five (5) days notice of any payment required to be made by the Guarantor pursuant to the terms hereof. All payments by the Guarantor hereunder shall be made in immediately available U.S. funds to Authority at its office in the City Hall of the City of St. Louis Park or as otherwise directed by Authority in writing, by 12:00 noon, Central time on the date due. ARTICLE III Miscellaneous Section 3.1. When Obligations Arise; Termination. The obligations of the Guarantor hereunder shall arise absolutely and unconditionally when the Loan shall have been made by Authority to CAR Properties, LLC, and shall continue until satisfaction of the Loan under the terms of the Agreement and the Note. Section 3.2. Remedies Cumulative. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default, omission or failure of performance hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In the event any EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 51 provision contained in this Guaranty Agreement should be breached by the Guarantor and thereafter duly waived by the Authority, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Section 3.3. No Waiver. No waiver, amendment, release or modification of this Guaranty Agreement shall be established by conduct, custom or course of dealing, but solely by an instrument in writing duly executed by the parties hereto. Section 3.4. Restoration of Positions. If the Authority has instituted any proceeding to enforce any right or remedy under this Guaranty Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Authority, then and in every such case the Guarantor and Authority shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Authority shall continue as though no such proceeding had been instituted. Section 3.5. Entire Agreement; Counterparts. This Guaranty Agreement constitutes the entire agreement, and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the personal guaranty of the Guarantor and may be executed simultaneously in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Section 3.6. Invalidity. The invalidity or unenforceability of any one or more phrases, sentences, clauses or sections in the Guaranty Agreement shall not affect the validity or enforceability of the remaining portions of this Guaranty Agreement, or any part thereof. Section 3.7. Applicable Law. This Guaranty Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. Section 3.8. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when mailed, certified mail, return receipt requested, postage prepaid, with proper address as set forth below. The Guarantor and Authority may, by written notice to the other, designate any other address to which notices or other communications to it shall be sent when contemplated by this Guaranty Agreement. Until otherwise provided, all notices and other communications shall be addressed as follows: To the Guarantor: Curt Rahman CAR Properties, LLC P.O. Box 16173 St. Louis Park, MN 55416 To Authority St. Louis Park Economic Development Authority 5005 Minnetonka Avenue St. Louis Park, MN 55416 Attn: Executive Director EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 52 IN WITNESS WHEREOF, the Guarantor has caused this Guaranty Agreement to be executed as of the date first above written. _______________________________ Curt Rahman Accepted this ____ day of ________________ by St. Louis Park Economic Development Authority. By________________________________________ Its Executive Director By _______________________________________ Its President This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 53 SCHEDULE C CERTIFICATE OF COMPLETION WHEREAS, the St. Louis Park Economic Redevelopment Authority (the “Authority”) and CAR Properties, LLC (the “Redeveloper”) entered into a certain Contract for Private Redevelopment dated as of ____________, 2012 (the “Contract”); and WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles III and IV thereof related to completing certain Minimum Improvements; and WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Authority to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all construction and other physical improvements related to the Minimum Improvements specified to be done and made by the Redeveloper have been completed and the agreements and covenants in Articles III and IV of the Contract have been performed by the Redeveloper, and this Certificate is intended to be a conclusive determination of the satisfactory termination of the covenants and conditions of Articles III and IV of the Contract related to completion of the Minimum Improvements, but any other covenants in the Contract shall remain in full force and effect. Dated: _______________, 20__. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Authority Representative EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 54 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 20__ by ______________________, the __________________ of the St. Louis Park Economic Redevelopment Authority, on behalf of the Authority. Notary Public This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 EDA Meeting of June 4, 2012 (Item No. 7a) Subject: Contract for Private Redevelopment Between the EDA and CAR Properties, LLC Page 55 Meeting Date: June 4, 2012 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 7, 2012 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Deputy City Manager/Human Resources Director (Ms. Deno), Director of Community Development (Mr. Locke), Director of Public Works (Mr. Rardin), Housing Programs Coordinator (Ms. Larsen), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Communications Coordinator (Mr. Zwilling), Engineering Project Manager (Mr. Olson), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1c. Roll Call 2. Presentations 2a. Recognition of Board and Commission Members Mayor Jacobs stated that certificates will be presented to the following Board and Commission members recognizing their service to the City: · Darla Aman – Human Rights Commission (March 2011-Dec. 2011) · Christina Barberot – Parks & Rec Advisory Commission (March 2009-Dec. 2011) · Matthew Flory – Police Advisory Commission (March 2010-Jan. 2012) · Sam Flumerfelt – Parks & Rec Advisory Commission - Youth (Aug. 2009-June 2011) · Lordia Fok – Human Rights Commission (March 2011-Jan. 2012) · Andrew Ford – Planning Commission – Youth (March 2009-Aug. 2011) · Steve Hallfin – Parks & Rec Advisory Commission (April 2004-Dec. 2011) · Trinicia Hill – Housing Authority (August 2006-March 2012) · Ken Huiras – Police Advisory Commission (March 2009-Dec. 2011) · Allison Knoche-Prosser – Human Rights Commission (Aug. 2009-Dec. 2011) · Stuart Morgan – Human Rights Commission (Feb. 2008-Aug. 2011) · Michael Mulligan – Telecommunications Advisory Commission (July 2008-Dec. 2011) · Jenna Sheldon – Telecommunications Advisory Commission Youth (Nov. 2010-Oct. 2011) · Isabella Stewart – Human Rights Commission Youth (Dec. 2009-Aug. 2011) · Alexa Trussoni-Cushman – Police Advisory Commission (March 2009-Dec. 2011) · Brittney Turner – Charter Commission (February 2008-August 2011) City Council Meeting of June 4, 2012 (Item No. 3a) Page 2 Subject: City Council Meeting Minutes of May 7, 2012 Mayor Jacobs expressed the City Council’s thanks and appreciation to all Board and Commission members. 2b. 2012 National Public Works Week Proclamation Mayor Jacobs recited the 2012 National Public Works Week Proclamation and thanked Mr. Rardin and his staff for their exceptional service to the City. Mr. Rardin thanked the City Council for recognizing the Public Works Department. Councilmember Ross expressed her personal thanks to Mr. Rardin and the Public Works staff and stated she has heard from residents in other communities that they are envious of St. Louis Park’s clean streets and the great job it does with snow and ice removal. 3. Approval of Minutes 3a. Study Session Meeting Minutes April 9, 2012 Councilmember Mavity requested that the second sentence in the final paragraph on page 4 be revised to state “She referenced the second bullet under goal #5 which states affordable housing units should be disbursed throughout the City and not concentrated in any one area of the City or any one development and felt that the words ‘or any one development’ should be deleted or modified because there may be times, based on business reasons, that we may want some concentration it may be appropriate if located next to other high end luxury apartments.” Councilmember Ross requested that the tenth paragraph on page 7 be revised to state “Councilmember Ross did not think it was feasible for the City to start legislating what stores can sell or use, e.g., no plastic bags, no plastic water bottles. She questioned who would be responsible for the enforcement of measuring trash and recyclables and the cost to the City. She stated that some residents are unable to recycle and urged Council to be realistic in its goals. She added that drop-off locations for recycling of batteries and CFL bulbs should be as easy and convenient as possible for residents. She stated she would like to see additional drop-off sites for recycling.” The minutes were approved as amended. 3b. Special Study Session Meeting Minutes April 16, 2012 The minutes were approved as presented. 3c. City Council Meeting Minutes April 16, 2012 The minutes were approved as presented. 3d. Study Session Meeting Minutes April 23, 2012 City Council Meeting of June 4, 2012 (Item No. 3a) Page 3 Subject: City Council Meeting Minutes of May 7, 2012 Councilmember Ross requested that a paragraph be added after the first paragraph on page 2 that states “Councilmember Ross questioned the cost of converting to RCV and the return on investment.” Councilmember Sanger requested that the first sentence of the third paragraph on page 4 be revised to state “Councilmember Sanger suggested that the language be revised to state that the City Council will not appoint more than one a board or commission member to serve concurrently on more than one board or commission.” The minutes were approved as amended. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Adopt the second reading of an Ordinance No. 2414-12 approving the Business Park Zoning District, approve the summary ordinance, and to set the date of publication for May 17, 2012. 4b. Designate Midwest Asphalt Corporation the lowest responsible bidder and authorize execution of contract with the firm in the amount of $1,587,468.05 for the 2012 Local Street Rehabilitation Project (Area 8) - Project Nos. 2011-1000 & 2012-1400. 4c. Accept Donation from Residential Mortgage Group in the amount of $300. The Fire Department would like to use the donation for restoration of the 1928 American LaFrance fire truck. 4d. Approve an Encroachment Agreement at 1600 West End Boulevard for Temporary Private Use of Public Land for outdoor dining. 4e. Grant the City Manager authority to administratively approve work extras (change orders and minor extra work) for an additional $100,000 limit for City Projects 2008-3001 and 2008-3002 (Fire Stations Replacement), in accordance with the City Council’s existing policy. 4f. Adopt Resolution amending and restating Resolution No. 10-026 adopted March 15, 2010 approving rules and procedures for Boards and Commissions. 4g. Accept a donation from Chandler Dykes in the amount of $46.53 for Westwood Hills Nature Center. 4h. Designate Xterior Xperts the lowest responsible bidder and authorize execution of contract with the firm in the amount of $180,409.00 for the replacement of Standing Seam Roofs on various Park Buildings, Project No. LMC11076951. 4i. Approve for Filing Human Rights Commission Minutes of March 20, 2012. 4j. Approve for Filing Planning Commission Minutes of April 4, 2012. 4k. Approve for Filing Vendor Claims. Mr. Harmening requested that Consent Calendar item 4f be removed and placed on the Regular Agenda due to some minor modifications to the rules and procedures for Boards and Commissions. City Council Meeting of June 4, 2012 (Item No. 3a) Page 4 Subject: City Council Meeting Minutes of May 7, 2012 It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item 4f to the Regular Agenda as item 8g; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 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. Gambling Premise Permit for Hopkins Raspberry Festival Association Resolution No. 12-063 Ms. Deno presented the staff report and explained that Hopkins Raspberry Festival Association is requesting a premises permit for lawful gambling at Toby Keith’s. She added that Council has previously discussed this matter and two options are presented for action by Council. Councilmember Sanger stated she has concerns about the application that do not go to the merits of Hopkins Raspberry Festival Association, but rather to Toby Keith’s where the lawful gambling will take place. She indicated that the liquor license for Toby Keith’s has been on probation for over one year due to lack of compliance with the City’s ordinance requirements related to food and liquor sales. She stated that one of the requirements for having a charitable gambling license is to be in compliance with the City’s requirements and Toby Keith’s has not been in compliance. She added it is known that there is an association between gambling and alcohol and stated she has concerns if the premises permit is approved at Toby Keith’s, it would be contrary to the requirement that businesses must be in compliance with the City’s liquor ordinance. She added the premises permit may put Toby Keith’s in a situation that might undermine their efforts to come into compliance with the City’s liquor ordinance. It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to adopt Resolution No. 12-063 Denying Issuance of a Premises Permit for Lawful Gambling to be Conducted by Hopkins Raspberry Festival Association, Inc., at Toby Keith’s I Love This Bar & Grill, 1623 Park Place Boulevard. Councilmember Ross acknowledged Councilmember Sanger’s concerns and stated there is no clear language in the City’s Ordinance or State law that precludes a gambling permit being granted to a business that is on probation. She added if Toby Keith’s does not meet the City’s ordinance requirements with respect to food sales, Toby Keith’s would be on probation or out of business. She stated she hoped that Toby Keith’s can get their food sales up but did not feel it was the City’s job to babysit these businesses. City Council Meeting of June 4, 2012 (Item No. 3a) Page 5 Subject: City Council Meeting Minutes of May 7, 2012 Councilmember Sanger stated that once a premises permit is granted, it is difficult to take it away and she would rather deny the premises permit now and indicate to Toby Keith’s that once they are in compliance with the Ordinance, an application can be submitted for a premises permit and the City can consider the application on the merits at that time. Councilmember Ross asked if it was correct to state that if Toby Keith’s is not in compliance with the City’s Ordinance requirements and does not hold a liquor license, they cannot sell pulltabs. Mr. Scott stated it was correct that Toby Keith’s cannot sell pulltabs if they are not in compliance with the City’s Ordinance requirements. He added Toby Keith’s is not currently in compliance because they are not meeting the City’s 50-50 rule on food and liquor sales. He stated Toby Keith’s holds a liquor license but is currently on probationary status while the City Council monitors that situation. The motion passed 6-1 (Councilmember Ross opposed). 8b. Darchei Noam Synagogue – Conditional Use Permit and Preliminary/Final Plat. Resolution No. 12-064; Resolution No. 12-070 Ms. McMonigal presented the staff report and site plan for a new synagogue at 2950 Joppa Avenue South. She advised that one existing single family home will be removed from the site, trees will be preserved on the southwest corner, an outdoor seating area will be included on the south side of the building, and a new sidewalk will be constructed along Joppa Avenue. She stated that 27 parking spaces are required and the applicant has provided eight on-street parking spaces as well as 19 spaces in a new parking lot. She noted the applicant has secured additional parking at Torah Academy if needed. She stated that 16 trees are required and 35 trees have been provided and 94 shrubs are required with 42 being provided; however, using the Alternative Landscaping provisions in the Code, the applicant meets all landscaping requirements. She presented a drawing of the proposed building and state it meets all of the City’s architectural requirements. She stated the preliminary/final plat request is required because a small portion of the existing lot is unplatted and this will clean up the property description. She noted the property owner next door spoke at the public hearing about work planned on the property and the plans have since been revised so this development will not include any work on the neighbor’s property. She then introduced Jay Isenberg, architect. Mr. Jay Isenberg appeared before the City Council and thanked the City Council for the opportunity to present their project. He stated they engaged in a collaborative process with the City which has resulted in successful planning for a difficult site that is in compliance with City Code, particularly related to parking. He indicated they feel they have addressed all concerns related to pedestrian safet y, parking, and their relationship with the neighbor to the west, and they feel the new building will be a great addition to the community and energize development along Minnetonka Boulevard. He advised that construction will take approximately six months to complete and they plan to send the project out for bid this summer. Councilmember Spano asked if the interior walls of the building could be reconfigured to serve a large group, e.g., 150 people. He stated that with another synagogue so close to City Council Meeting of June 4, 2012 (Item No. 3a) Page 6 Subject: City Council Meeting Minutes of May 7, 2012 this area and parking in the neighborhood at a premium, he wanted to make sure there was adequate on-street and off-street parking available. He added the west side of Joppa does not currently have a sidewalk and if an agreement with Torah Academy is reached to provide overflow parking, he would advocate for adding a sidewalk on the west side of Joppa as part of the City’s sidewalk plan to make sure people coming to temple are safe. He also asked if Bais Yisroal has the same parking agreement with Torah Academy. Mr. Isenberg stated that the building includes a social hall that can be opened up to handle large events periodically. Mr. Mark Frederickson, 2851 Joppa, appeared before the City Council and stated he did not know if Bais Yisroal has an agreement with Torah Academy for parking and added he is aware that they park on the street. He indicated he recently counted approximately twenty cars parked between Sunset and Joppa and some cars parked on Sunset. He agreed there should be a sidewalk on the west side especially if people are parking at Torah Academy. Councilmember Sanger expressed support for the new synagogue and stated she wanted to be clear that the parking issues in this area are not caused by the applicant here today. She indicated that the cars in the area associated with Bais Yisroal leave their cars on both sides of the street between Sunset and Minnetonka Boulevard and spill over onto Joppa and it was her understanding that when Bais Yisroal was built, the City did not require them to install sufficient parking spaces so all the on-street parking spaces are being taken. She felt the City’s parking ordinance has an inherent assumption that nearby land uses have different peak hours and can share on-street parking but that does not work in this situation where two identical uses have the same peak parking needs. She added the City’s ordinance also gives a discount for parking spaces given the proximity to a bus system, but the congregation members do not live along Minnetonka Boulevard and live in an area where there is no bus that goes to the new congregation. She requested a study session discussion regarding the City’s parking ordinance to see if changes should be made to better address this type of situation in the future. It was moved by Councilmember Sanger, seconded by Councilmember Spano, to adopt Resolution No. 12-064 Granting Conditional Use Permit Under Section 36-166 of the St. Louis Park Ordinance Code Relating to Zoning to Permit Construction of a Religious Institution in a Residential District for Property Zoned R-4 Multi-family Residential District located at 2950 Joppa Avenue South. A second motion was made by Council Member Sanger and seconded by Council Member Spano to adopt Resolution No. 12- 070 approving a Preliminary and Final Plat for Darchei Noam. The motion passed 7-0. 8c. Project Report: Street Project - MSA Street Rehab (Louisiana Ave.) Project #2011-1100. Resolution No. 12-065 Mr. Olson presented the staff report and 2012 MSA street project for Louisiana Avenue. He explained the project includes 2” of mill and overlay, some curb repair, minor storm sewer repairs, updating the pedestrian curb ramps, and new pavement striping in its current configuration. He indicated that Mn/DOT is currently reviewing the project and City Council Meeting of June 4, 2012 (Item No. 3a) Page 7 Subject: City Council Meeting Minutes of May 7, 2012 it is anticipated that approval will be received in mid-May. He indicated the project will last four weeks and the road will remain open during construction but will be reduced to one lane in each direction, requiring that on-street parking be restricted to maintain traffic flow. He stated that notifications will be sent to residents along Louisiana Avenue before the project begins and updates will be available on the City’s website. He stated the cost estimate is $343,730 for construction with funding provided through State Aid funds obtained through gas tax monies. He added the project will be awarded on June 18, 2012, with construction beginning in mid-July. Councilmember Santa stated this project involves an MSA street so the funding is different from the City’s Pavement Management Program that addresses neighborhood streets. Councilmember Sanger requested clarification regarding resident’s ability to park in front of their homes during construction and whether residents will be able to access alleys and garages. Mr. Olson explained that a majority of homes in the project area have alleys which will not be restricted during construction. He stated that on-street parking will not be allowed during construction, however those homes where on-street parking is on the south side will have access to their alleys and driveways at all times. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 12-065 Accepting the Project Report, Establishing Improvement Project No. 2011-1100, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2011-1100. The motion passed 7-0. 8d. Establishment of Westwood Villa Association Inc. Housing Improvement Area (HIA). Ordinance No. 2413-12; Resolution No. 12-066 Ms. Larsen presented the staff report and stated that a public hearing was held on April 16, 2012, regarding establishment of the Westwood Villa HIA. She indicated at that time, a strong majority of residents who testified supported the request to establish the Westwood Villa HIA. She advised that under the HIA, the City would lend a maximum of $2,185,000 to make improvements to the building under a twenty-year loan at 5.5% interest with fees payable with the property owner’s real estate taxes or residents can prepay the fee. She presented a revised resolution that sets the interest rate at 100 basis points higher than the true interest cost on the bonds, which is consistent with the Greensboro HIA. She noted the intention remains the same and includes notice of the right to file an objection within a veto period of 45 days and if this occurs, state statute requires the HIA not be put in place. Councilmember Ross asked what the deadline is for the veto period. Ms. Larsen replied the deadline is June 21, 2012, assuming the HIA is approved this evening. City Council Meeting of June 4, 2012 (Item No. 3a) Page 8 Subject: City Council Meeting Minutes of May 7, 2012 Councilmember Ross stated she visited the property after the April 16th public hearing and saw firsthand the major areas to be addressed, particularly related to the safety issues. She stated she also had a chance to speak with several homeowners and with the exception of one homeowner, they were all in favor of the HIA. She indicated this work needs to be done and the HIA is the best way to go about it with a 20-year repayment term. It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve Second Reading and adopt Ordinance No. 2413-12 Establishing the Westwood Villa Association Inc. Housing Improvement Area Pursuant to Minnesota Statutes Sections 428A.11 to 428A.21. The motion passed 7-0. It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt Resolution No. 12-066 Approving a Housing Improvement Fee for the Westwood Villa Association Inc. Housing Improvement Area Pursuant to Minnesota Statutes Sections 428A.11 to 428A.21. The motion passed 7-0. It was moved by Councilmember Ross, seconded by Councilmember Santa, to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and Westwood Villa Association Inc., in a form consistent with the terms of the ordinance and resolution. The motion passed 7-0. 8e. SLP High School Stadium Turf Replacement – Conditional Use Permit Resolution No. 12-067 Mr. Morrison presented the staff report and stated the applicant is requesting a Conditional Use Permit (CUP) to import/export 11,000 cubic yards of soil at the high school athletic field and will replace the natural grass field with synthetic turf. He indicated that trucks will enter the site to the south of the property and will take the most direct route to and from Highway 7 and no more than 400 trips will be required. He stated City Code allows activities between 7:00 a.m. and 10:00 p.m. Monday-Friday and 9:00 a.m. to 10:00 p.m. on weekends and staff recommends adding a condition shortening that timeframe to 7:00 a.m. to 7:00 p.m. Monday-Friday and 9:00 a.m. to 7:00 p.m. on weekends. He advised the project will be completed during June and early July and the lighting and seating capacity at the athletic field will not be altered during this project. He then introduced Sandra Salin from St. Louis Park High School and Paul Apilkowski from Wold Architects. Councilmember Mavity stated she appreciated that the timing of the project will take place after the school year; however, there are a lot of activities that occur at this time of summer with a lot of people going to the high school. She expressed concern about safety issues with the trucks leaving the frontage road going east to Wooddale and asked City Council Meeting of June 4, 2012 (Item No. 3a) Page 9 Subject: City Council Meeting Minutes of May 7, 2012 that the School work with the City on alerting the trucks about the high number of pedestrians in this area. Mr. Apilkowski appeared before the City Council and acknowledged Councilmember Mavity’s concerns. He stated they are currently working on a contract with Peterson Contracting and agreed to have a meeting with all parties to talk about hauling operations and safety issues. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 12-067 Granting Conditional Use Permit Under Section 36-79 of the St. Louis Park Ordinance Code Relating to Zoning to Permit the Exporting and Importing of Approximately 11,000 Cubic Yards of Material for Property Zoned in the C-2 General Commercial District Located at 6525 Lake Street West. Councilmember Hallfin stated the turf replacement will be a nice improvement and the City will be able to use this field in concert with the School District. He advised that there are other things that need to be updated at the field and urged the City to partner with the School District to get the facility updated. The motion passed 7-0. 8f. Eldridge 4th Addition – Preliminary and Final Plat Resolution No. 12-068 Mr. Morrison presented the staff report and advised that Ridge Creek Custom Homes has submitted a request for a preliminary and final plat at 4225 Wooddale and 4218 and 4222 Raleigh. He explained there are three properties in the plat, which will be reconfigured into two lots. He stated the larger lot facing Wooddale has an existing home and the two smaller lots are vacant. He presented a site map showing additional drainage and utility easements and stated the side easement has been extended to ten feet along the west property line to accommodate the storm water drainage in this area. He then introduced Rob Eldridge from Ridge Creek Custom Homes. It was moved by Councilmember Mavity, seconded by Councilmember Ross, to adopt Resolution No. 12-068 Giving Approval for Preliminary and Final Plat of Eldridge 4th Addition. The motion passed 7-0. 8g. Adopt Resolution Amending and Restating Resolution No. 10-026 adopted March 15, 2010, Approving Rules and Procedures for Boards and Commissions Resolution No. 12-069 Mr. Harmening explained the policy was amended pursuant to earlier Council discussion and Councilmember Sanger pointed out that Section C of the policy should be clarified to state that the Charter Commission is not included in the prohibition of concurrent membership noted in Sections B and C. He stated that Section A identifies which City Council Meeting of June 4, 2012 (Item No. 3a) Page 10 Subject: City Council Meeting Minutes of May 7, 2012 commissions are impacted by the policy and Section C clarifies that this does not include the Charter Commission. Councilmember Sanger suggested that the last sentence of Section C be revised to delete the reference to “student” because student could refer to a person of any age and to make clear that only youth are exempt from this provision. It was moved by Councilmember Sanger, seconded by Councilmember Spano, to adopt Resolution No. 12-069 Amending and Restating Resolution No. 10-026 Adopted March 15, 2010, Approving Rules and Procedures for Boards and Commissions, as further amended to delete the reference to “student” in the last sentence of Section C. Councilmember Santa requested confirmation that the policy addresses only those boards that the City Council appoints and does not include Community Education or the School Board. Mayor Jacobs stated that this was correct. The motion passed 7-0. 9. Communications Mayor Jacobs thanked the five homeowners who allowed people into their homes during the recent remodeling tour. Councilmember Mavity reminded residents of the Tree Climbing Championship on Saturday, May 12th, at Oak Hill Park from 8:00 a.m. to 12:00 noon. Councilmember Hallfin stated that three baseball fields will be opened on Saturday, May 12th, at 11:00 a.m. at Rotary Field at Northside Park. Mr. Harmening stated there will be a ribbon cutting ceremony and open house for Fire Station #2 on Saturday, May 12th, at 10:00 a.m. next to Northside Park. Mayor Jacobs reminded residents of the Children First Ice Cream Social on Sunday, May 20th, from 2:00-5:00 p.m. at Wolfe Park. He thanked Sebastian Joe’s for once again providing the ice cream. 10. Adjournment The meeting adjourned at 8:47 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 4, 2012 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA MAY 14, 2012 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. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Director of Community Development (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Director of Parks and Recreation (Ms. Walsh), City Engineer (Mr. Brink), Director of Public Works (Mr. Rardin), Public Works Coordinator (Mr. Merkley), Communications Coordinator (Mr. Zwilling), Community Liaison (Ms. Olson), Engineering Project Manager (Mr. Olson), Planner (Mr. Walther), and Recording Secretary (Ms. Hughes). Guests: Andrea Myklebust, George Hagemann, Rachel Baudler, and Mr. Kost. 1. Future Study Session Agenda Planning –May 21 and May 29, 2012 Mr. Harmening presented the proposed special study session agenda for May 21, 2012, and the proposed study session agenda for May 29, 2012. He indicated the City has received only approximately eight applications for the environmental task force and suggested delaying consideration of this item until a study session in June. He also suggested holding the May 29th study session meeting at Fire Station #1 to provide Council with a tour of the new fire station before the open house. Councilmember Sanger requested that Council once again schedule a canoe ride on Minnehaha Creek this summer. 2. CAR Properties, LLC’s Construction Assistance Program (CAP) Application to Renovate the Former Home Hardware Building at 6414 West Lake Street Mr. Locke announced that the Governor had just vetoed the Tax bill, which included the authorization that makes it possible for the EDA to offer the Construction Assistance Program (CAP). He added the CAP program will be in place until July 1st and CAR Properties’ CAP application could be implemented before the program expires. Mr. Hunt presented the staff report and noted that given the expiration of the CAP program’s authorization staff intends to present the EDA with an alternative funding mechanism so as to allow the CAP program to continue. As for CAR Properties’ CAP application, he explained that Mr. Curt Rahman recently purchased the former Do It Best Hardware store at 6414 West Lake St. He noted that Mr. Rahman had previously purchased a number of properties in the City, including the former Bikemasters building, which he recently renovated and is now fully occupied with 6 tenants that employ 23 workers. He stated Mr. Rahman has demonstrated his ability to turn problem properties around and has requested $25,000 in CAP assistance to help complete repairs to the former hardware store. He advised the building needs more than $80,000 City Council Meeting of June 4, 2012 (Item No. 3b) Page 2 Subject: Study Session Minutes of May 14, 2012 in repairs and Mr. Rahman has indicated if he does not receive the $25,000 in CAP assistance, he will be unable to fully renovate the building as necessary. Councilmember Santa requested confirmation that the roof next door needed repair and that the request for assistance included repairing both roofs at the same time. Mr. Hunt explained that the roof on the Munchies building needs repair as well and since the two buildings are connected, it makes sense to do the repairs to both buildings at the same time and this would be the only repair to the property next door. He distributed an aerial map showing the subject property as well as photographs of the inside of the building. He added he has seen the repair estimates and they appear reasonable. Councilmember Sanger asked about the intended use of the building. Mr. Hunt replied that Mr. Rahman has received inquiries from several potential commercial tenants including restaurants but wants to be careful about adding any tenant that might adversely impact Munchies next door. It was the consensus of the EDA to provide up to $25,000 in financial assistance to CAR Properties through the Construction Assistance Program to assist in the renovation of 6414 West Lake Street so as to bring the property up to code as well as retain and attract commercial tenants. Mr. Hunt stated that the EDA will be asked to take formal action on the Redevelopment Contract on June 4th because Mr. Rahman must start incurring costs prior to July 1st in order to stay within the statutory requirements. 3. Project Update – Highway 7/Louisiana Avenue Interchange Project Mr. Olson presented the staff report and advised the City has started the initial phases of the right-of-way process and has hired a consultant to begin the appraisal process on seven properties. He stated the City has submitted a Transportation Economic Development (TED) grant application for $3 million and will find out this week whether the City’s application was successful. He indicated the City will have an $11 million commitment to move forward with the project if it receives the $3 million TED grant and is looking to fund the project through HRA levies. Councilmember Spano stated he was pleased with the addition of the vertical elements in the public art. Ms. Myklebust presented the conceptual design for paving artworks and the vertical gateway elements in poured concrete and stainless steel with internal LED lighting intended to demarcate the entrance and exit. She also presented the conceptual design for the pier cap artwork stating the long central beam will be very visible when passing under the bridge. She indicated the most visible phases of the columns have a curved front, which follows up into the artwork and will allow for lighting in this space that will run along the length of the pier cap. She added that the sconce style lighting previously discussed was rejected due to a concern with bird nests. Mr. Kost from SEH stated the reveal is 2” deep so there will be a much stronger shadow on the bas relief. He presented the overall landscaping plan and noted that the plant materials to be included will be low maintenance and will not prohibit snowplowing or snow storage. City Council Meeting of June 4, 2012 (Item No. 3b) Page 3 Subject: Study Session Minutes of May 14, 2012 Councilmember Santa requested that the City remain sensitive to the apartment building in the northwest corner (Louisiana Oaks Apartments) so that the landscaping does not overwhelm this area. She asked if the City has had any discussions with Mr. Milo Pinkerton and/or kept him up to date on the project. Mr. Kost indicated any damage to the existing street will be replaced with new plantings and the apartment residents will have a retaining wall on one side with native prairie plantings. He noted this will not be a sound wall and the retaining wall will be concrete block that will not compete with the public art. Mr. Olson indicated that the initial renderings of the project were shared with Mr. Pinkerton and as the City goes through the right-of-way process, he will have an opportunity to express any concerns regarding the trees and plantings. Councilmember Mavity stated if the City receives the $3 million TED grant, the City will have secured 44% of the cost of the project, which is the same amount the City secured for the Wooddale Avenue Bridge and felt this was a reasonable share. She expressed support for moving forward with the project. Councilmember Sanger stated she also supported moving forward with the project and urged the City to quickly use the Federal funds already secured since those funds could be in jeopardy in the future. It was the consensus of the City Council to continue to move forward with the Highway 7 / Louisiana Avenue interchange project. 4. Pedestrian and Bicycle System Implementation Plan and Policy Review Mr. Harmening presented the staff report and comments received from Council on proposed trails and sidewalks. He reminded Council that if a sidewalk or trail remains in the proposed plan, it does not mean that Council has provided a final commitment to build it but it would be included in the preliminary plan as part of the public process. He added the strategy for construction priorities will be presented to Council at an upcoming meeting. Councilmember Mavity requested clarification regarding the process to be used by Council in determining whether a sidewalk or trail should be added or taken out. She respectfully disagreed that the sidewalk on West 41st Street should be removed and stated that pedestrians have to walk into the street to get to the school and this area is not safe. Councilmember Sanger stated she felt Council should review each of the Council suggestions received and make a determination based on these before opening up the public process. Councilmember Hallfin stated he was okay with removing the West 41st Street sidewalk and to explore other options because he did not feel what has been proposed will work. Councilmember Mavity requested that the plan include a sidewalk on 41st Street from Wooddale to Salem. Councilmember Hallfin was amenable to Councilmember Mavity’s request. City Council Meeting of June 4, 2012 (Item No. 3b) Page 4 Subject: Study Session Minutes of May 14, 2012 Council discussed the process for reviewing the suggestions received from Council. Councilmember Ross stated Council should defer to Councilmembers who know the streets best in their particular wards and stated it would be difficult for her to make decisions in areas where she is less familiar with the sidewalks. Councilmember Mavity requested the addition of a sidewalk on the north side of 40th from Joppa to Nachez as previously discussed by Council. Councilmember Spano stated he was not comfortable with Council making decisions about what the public can and cannot weigh in on before the plan goes out for public comment. He indicated if the public feels strongly about a particular sidewalk, they should have an opportunity to weigh in on this. Councilmember Sanger stated there has been a lot of public input in the past and felt strongly about three sidewalks in her ward that should come off of the list. She felt there was no reason to put the community or Council through a lot of static that will deflect from the main focus of making a more walkable city and doing it in a way that is compatible with the values of the community. Councilmember Santa indicated the residents in Westwood were adamant about not having sidewalks when the issue was discussed ten years ago. She stated public sentiment may have changed since that time. Councilmember Mavity suggested having a map of the entire system available for public comment with sidewalks prioritized as either needed or wanted but also noting those sidewalks that might not be installed for ten or fifteen years. Councilmember Sanger reiterated her request to remove the three sidewalks identified on Exhibit 3 as items #3, #4, and #5. She requested the addition of a sidewalk on Joppa Avenue where the new synagogue will be built extending the sidewalk on the west side of Joppa to Torah Academy to fill the existing gap. She also requested the addition of a sidewalk on the east side of Toledo Avenue from 26th Street south to fill the missing 25’ segment. Councilmember Santa stated that item #6 on Exhibit 3 is located in her ward and is an important connection but the neighborhood did not want it when this was discussed over ten years ago. She felt this should be left in for now to allow residents to provide comment. Councilmember Ross noted that item #2 on Exhibit 3 should indicate that proposed sidewalks should not be added because she has not heard requests from residents in Ward 4 for additional sidewalks. Mr. Walther discussed the Vision process used by the City and the resulting work of the task force to create a walkable community. He explained that the action group committee formed out of Vision came up with an organized and expanded sidewalk grid system that was presented at a community-wide meeting; this grid system was then incorporated into the Comprehensive Plan as a long term goal. City Council Meeting of June 4, 2012 (Item No. 3b) Page 5 Subject: Study Session Minutes of May 14, 2012 Councilmember Sanger stated that Cedar Lake Road in the Lake Forest area is a dead end street with almost no vehicle traffic so there is no safety concern associated with walking in the street. She indicated when the City built the ramp from the Cedar Lake trail up to Cedar Lake Road, the residents in the area were opposed to having a ramp built and the issue was very controversial, so the City Council agreed it would not install any signs indicating this was a route to the trail and would not mark it on any maps. She felt that putting a sidewalk in this area would break faith with the agreement made with residents several years ago. She agreed with having a bike trail on France Avenue for promoting access to the Cedar Lake Trail. She stated that the proposed sidewalk on Basswood and West 25th going into Benilde would be a waste of money because people on the France Avenue side use 26th Street to get to Benilde, the pedestrian bridge over Highway 100 is a low traffic road, and this would be a sidewalk to nowhere. It was the consensus of the City Council to not remove the sidewalk listed in item #1 on Exhibit 3. It was the consensus of the City Council to indicate that all proposed Ward 4 sidewalks listed in item #2 on Exhibit 3 are part of a longer term vision. It was the consensus of the City Council to remove the sidewalks listed in items #3, #4, and #5 on Exhibit 3. It was the consensus of the City Council to not remove the sidewalk listed in items #6 and #7 on Exhibit 3. It was the consensus of the City Council to revise the sidewalks listed in items #8 and #9 on Exhibit 3. It was the consensus of the City Council to add the sidewalks listed in items #10, #11, #12, and #13 on Exhibit 3. It was the consensus of the City Council to add a sidewalk on the north side of W 40th Street from Joppa Avenue to Natchez Avenue and to add a sidewalk on the west side of Joppa Avenue to Torah Academy. It was the consensus of the City Council to add a sidewalk on the east side of Toledo Avenue south of W 26th Street to fill an existing 25’ gap. Councilmember Sanger stated it would be helpful at some point to have further information about the Ward 4 sidewalks and whether there are some sidewalks that are more problematic than others. Mr. Rardin agreed to provide Council with a proposed ten year plan with recommended prioritization of sidewalks and trails. 5. 2013 – 2018 Solid Waste Collection Program Mr. Rardin presented the staff report and proposed changes to the residential curbside collection recycling program. He reviewed the proposed residential mixed municipal solid waste program, proposed recyclable materials to be collected curbside, and possible pay-as-you-throw rates based on the proposed future program, noting rate scenarios have been based on 2011 costs and volumes. He stated as the City goes through the contract negotiation process, the City can select whatever vendor it chooses and will not involve a bid process. He indicated the City will work closely with the City Attorney to create the RFP and the process for evaluating the proposals received by the City in response to the RFP. Councilmember Ross stated it will be important to make sure the proposed recycling programs do not attract rodents or other wildlife. She asked if it would be possible for the City to provide paper shredding more often, either by having drop-off sites at City Hall or the MSC or by contracting with a truck to provide paper shredding for residents. She suggested having a pilot program for paper shredding through the summer to see what kind of response is received. City Council Meeting of June 4, 2012 (Item No. 3b) Page 6 Subject: Study Session Minutes of May 14, 2012 Mr. Merkley stated that paper shredding is offered twice per year during clean-up days and agreed the City could provide paper shredding more frequently if there is a demand. Councilmember Sanger requested that Council discuss an ordinance requiring vendors that give out plastic bags and Styrofoam to take them back for recycling. Councilmember Mavity indicated the environmental task force should consider this issue. Councilmember Hallfin requested a detailed list of items included on Exhibit 3, e.g., food waste. Mr. Rardin requested feedback regarding whether Council is interested in a future study session to learn more about plastic recycling complexities. It was the consensus of the City Council to hold a future study session to learn more about plastic recycling complexities. Councilmember Spano stressed the importance of providing residents with sufficient educational materials, including a video on cable. Council discussed disposal of CFL light bulbs and batteries. Mr. Rardin stated that CFL bulbs and batteries cannot be picked up by the City’s regular contractor and a hazardous waste disposal contractor would be required to pick up these items. Councilmember Ross reiterated her request for the City to have two or three drop-off sites for disposing of CFL bulbs and batteries. She also felt that stores selling CFL bulbs and batteries should be required to take them back. Mr. Rardin stated that staff intends to work with local vendors to have them do more in this area and noted that Council previously directed staff not to create a drop-off reuse center run by the City. Mr. Hallfin suggested having drop-off sites at the Rec Center, Lenox, etc., where the City would collect CFL bulbs and batteries and recycle them once a quarter. 6. National League of Cities Service Line Warranty Program Mr. Rardin presented the staff report and proposed water and sewer utility service line warranty program offered through the National League of Cities. He advised the cost of the program is approximately equivalent to replacing a service line every 50 years and includes maintenance. He added the program uses local contractors. Mayor Jacobs and Councilmember Santa expressed support for the program. Councilmember Mavity stated she liked the idea of this type of program. She requested further information regarding the City’s due diligence of the company and noted they have only been in business since 2003 and do not have a significant track record. She stated she would like to know more about the company, including their financial statements and management team. City Council Meeting of June 4, 2012 (Item No. 3b) Page 7 Subject: Study Session Minutes of May 14, 2012 Councilmember Sanger stated the concept makes sense and would provide a good opportunity to inform residents of what their ownership responsibilities are for keeping their sewer lines cleaned out. Mr. Harmening advised there are other companies that provide this type of insurance, but the National League of Cities endorsed this company and there are approximately 100 other cities nationwide using them. Councilmember Spano stated if the City is going to put its name on this program, the City is in effect giving it the Good Housekeeping Seal of Approval and suggested the City obtain a list of other cities that have been providing this program. Mr. Rardin stated the City Attorney has reviewed the company and there is nothing to indicate any problems. It was the consensus of the City Council to pursue the National League of Cities Service Line Warranty Program. It was also the consensus of the City Council to direct staff to provide a written report to Council following further due diligence. 7. Communications/Meeting Check-In (Verbal) Mr. Harmening advised that staff met with representatives of the Watershed District regarding the remeander project and were advised that the Watershed District will be submitting a request to the County, through the SWLRT Community Works process, for funds to do the trail and bridge work associated with the remeander. He indicated the City is supportive of the Watershed District’s proposal to the County for that funding. Mr. Harmening requested feedback from Council regarding whether to meet on July 2nd and suggested if there are no pressing agenda items for July 2nd, the meeting be cancelled and a Special City Council meeting be held on July 9th. It was the consensus of the City Council to direct staff to make the decision regarding whether to meet on July 2 nd and whether to hold a Special City Council meeting on July 9th. Mr. Harmening advised that the family involved in a 2009 police officer involved shooting has filed a civil suit in Federal Court against the police officer based on a violation of the deceased’s Fourth Amendment Civil Rights. He indicated that attorneys for the League are filing a motion for summary judgment to dismiss the action and if the motion is denied, the case will go to trial. Councilmember Sanger stated she agreed with the proposed changes to the wild animal feeding ordinance and suggested that the ordinance not include a prohibited list of animals but instead state that feeding any type of non-domestic animal is prohibited. The meeting adjourned at 8:49 p.m. Written Reports provided and documented for recording purposes only: City Council Meeting of June 4, 2012 (Item No. 3b) Page 8 Subject: Study Session Minutes of May 14, 2012 8. Wild Animal Feeding Ordinance Amendment 9. MN GreenStep Cities Update 10. Administrative Penalties – Next Steps 11. Minnehaha Creek Remeander – Environmental Assessment Worksheet (EAW) ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 4, 2012 Agenda Item #: 3c UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA MAY 21, 2012 The meeting convened at 6:45 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Director of Community Development (Mr. Locke), Planning and Zoning Supervisor (Ms. McMonigal), City Clerk (Ms. Stroth), and Recording Secretary (Ms. Burr). Guests: Jason Schoneman, Steel Toe Brewery. 1. Brewer Taprooms Ms. McMonigal introduced the staff report, noting that allowing brewer taprooms requires zoning and liquor ordinance amendments. She requested direction on the ordinance changes. If approved, staff would come back in four to six weeks with ordinance changes. Mayor Jacobs as well as Councilmembers Spano, Hallfin, and Santa voiced support for an ordinance change. Councilmember Sanger indicated the need for ordinance clarification and different license type for a brewer taproom license that would not create an issue with requirements of other liquor license classifications. Councilmember Mavity asked about the zoning requirements for a brewery. Ms. McMonigal responded that creating a specific classification for a taproom would be in the City’s best interests. She noted the City cannot list every type of use that comes forward in a zoning ordinance, and judgment calls have to be made. The current zoning is industrial park, and it is one of the parcels approved for business park zoning. Councilmember Mavity expressed support for the idea, particularly since the taproom is locally owned. She also asked that the City consider how to manage potential growth so the area does not become a bar district. Councilmember Sanger noted this is much more appropriate for a business park than industrial. Councilmember Santa stated this could potentially be the first application of business park zoning, if that is the direction the city takes. Ms. McMonigal explained all of the properties for potential business park will be reviewed as part of the comprehensive plan. City Council Meeting of June 4, 2012 (Item No. 3c) Page 2 Subject: Special Study Session Minutes of May 21, 2012 Councilmember Spano commented that the primary function of the brewery is for brewing and distribution for wholesalers, not for consumption on site. Ms. McMonigal confirmed that is correct. Councilmember Hallfin suggested the City follow what other cities are doing in this area. Ms. Stroth indicated the brewery taproom state statute language requirements is what most other cities used who adopted ordinances to allow taprooms. She stated the process for the liquor license amendment would be similar to the brewer off sale license amendment adopted by Council in 2010 allowing brewers to sell “growlers”. Councilmember Sanger asked about the sale of non-alcoholic beverages in the taproom. Ms. McMonigal responded they can only be sold if brewed on-site. Ms. McMonigal also noted that staff is looking at the question of food trucks, since there are so many operating in Minneapolis. Jason Schoneman, Steel Toe Brewery, stated he is encouraged by the Council’s discussion. It was the consensus of the City Council to direct staff to move ahead with ordinance amendments necessary to allow brewery taprooms. The meeting adjourned at 7:00 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 4, 2012 Agenda Item #: 3d UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 21, 2012 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening) and Recording Secretary (Ms. Burr). Guests: None. 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. City Council Special Study Session Minutes May 7, 2012 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. Designate Allied Blacktop Company the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $277,879.43 for Street Maintenance Project (Sealcoat Streets – Area 4 – Project No. 2012-0001). 4b. Approve an extension until May 31, 2013 for Duke Realty to file the final plat and final planned unit development (PUD) applications for The Towers at West End. 4c. Approve an extension until May 31, 2013 for Duke Realty to file the final plat and final planned unit development (PUD) applications for The Towers at West End. 4d. Adopt Resolution No. 12-071 authorizing the Hennepin County Grant Agreement to fund the City’s residential curbside recycling program. 4e. Authorize distribution of the mandatory EAW starting the 30-day EAW public comment period. City Council Meeting of June 4, 2012 (Item No. 3d) Page 2 Subject: City Council Meeting Minutes of May 21, 2012 4f. Adopt Resolution No. 12-072 accepting donation from Residential Mortgage Group in the amount of $100. The Fire Department would like to use the donation for restoration of the 1928 American LaFrance fire truck. 4g. Approve project and adopt Resolution No. 12-073 authorizing entering into a cooperative agreement with the Minnesota Department of Transportation (Mn/DOT) and Soo Line Railroad Company (Canadian Pacific Railway) for Project No. 2013-1301 (Brookside Avenue). 4h. Adopt Resolution No. 12-074 to recognize Parks and Recreation Public Service Worker Gary Fix for his 27 years of service to the City of St. Louis Park. 4i. Approve for filing Vendor Claims. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions 5a. Appointment of Citizen Representative to Boards and Commissions Councilmember Mavity noted the City Council had interviewed Vladimir Sivriver on May 14, 2012. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to appoint Citizen Representative Vladimir Sivriver as a commissioner to the Police Advisory Commission (PAC) to fill a term which expires December 31, 2014. The motion passed 7-0. 6. Public Hearings – None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items – None 9. Communications Mayor Jacobs thanked the organizers of the recent ice cream social. Councilmember Santa reported the Kiwanis’ Kite Fly will be held on May 26th from noon to 4 p.m. at the Louisiana Oaks Park. She also noted the Memorial Day service to be held from 11 a.m. to 12:30 p.m. at Wolfe Park. 10. Adjournment The meeting adjourned at 7:33 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 4, 2012 Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Final Payment Resolution - Contract 159-11 with Visu-Sewer, Inc. - Project No. 2011-2200 RECOMMENDED ACTION: Motion to Adopt Resolution accepting work and authorizing final payment in the amount of $5,235.63 for the 2011 Sanitary Sewer Mainline Rehabilitation Project - Project No. 2011-2200 with Visu-Sewer, Inc., City Contract No. 159-11. POLICY CONSIDERATION: Not applicable. BACKGROUND: Bids were received on October 10, 2011 for Sanitary Sewer Mainline Rehabilitation Project. The project consisted of relining 4,550 feet or about 8 blocks of the sanitary sewer lines at selected locations. The work occurred at various locations throughout the city including work in the Fern Hill, Bronx Park, Oak Hill, Cobblecrest, Cedar Manor, Willow Park, and Eliot View Neighborhoods. The relining process rehabilitates or renews these sections of aging pipe and is expected to extend their service life another fifty plus years. City Council awarded a contract for this work to Visu-Sewer on October 17, 2011 in the amount of $109,605.00. The Contractor completed the work within the contract time allowed at a final contract cost of $104,712.50 with an under-run of $4,892.50. There were no change orders associated with this contract. FINANCIAL OR BUDGET CONSIDERATION: This project was included in the Capital Improvement Program (CIP) and authorized with a construction budget of $154,500 and a total project budget of $170,500. The source of funds for this project is the Sanitary Sewer Fund. VISION CONSIDERATION: Not applicable. Attachment: Resolution Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Mike Rardin, Public Works Director Scott Brink, City Engineer Approved by: Tom Harmening, City Manager City Council Meeting of June 4, 2012 (Item No. 4a) Page 2 Subject: Final Payment Resolution-Contract 159-11 with Visu-Sewer, Inc - Project No. 2011-2200 RESOLUTION NO. 12-___ RESOLUTION ACCEPTING WORK ON SANITARY SEWER – MAINLINE REHABILITATION CITY PROJECT NO. 2011-2200 CONTRACT NO. 159-11 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 October 17, 2011, Visu-Sewer, Inc. has satisfactorily completed the sanitary sewer mainline rehabilitation project, as per Contract No. 159-11. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $109,605.00 Change Orders 0.00 Under-run $ 4,892.50 Contract Amount $104,712.50 Previous Payments $ 99,476.87 Balance Due $ 5,235.63 Reviewed for Administration: Adopted by the City Council June 4, 2012 City Manager Mayor Attest: City Clerk Meeting Date: June 4, 2012 Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: SW LRT Business Advisory Committee (BAC) Appointments RECOMMENDED ACTION: Motion to Appoint Duane Spiegle, Curt Rahmen, and Brad Bakken to the SW LRT Business Advisory Committee for St. Louis Park’s LRT station areas. POLICY CONSIDERATION: Who should the City Council appoint to the SW LRT Business Advisory Committee to represent St. Louis Park businesses and commercial property owners in the station areas? BACKGROUND: The Metropolitan Council SW LRT project and Hennepin County Community Works are setting up a Business Advisory Committee (BAC) and the City of St. Louis Park has been invited to appoint a member to the BAC for each station area. It is requested that members be “people who own or manage a business that will be directly impacted by the design and construction of the proposed light rail line or, who own or manage property that leases to a business that will be impacted by the design and construction of the proposed light rail line.” The BAC will serve both the Metropolitan Council project office that is responsible for engineering of the light rail line, and the Hennepin County Community Works project, which is integrating land use planning and economic development along the line. The Committee will meet monthly over the next few years as the project progresses and is built. The following roles and responsibilities have been set out for the BAC members: 1. Attending a majority of monthly meetings 2. Being a voice to advance the broader interests of the local business community or interest they represent. 3. Serving as a conduit of information to the broader business community. 4. Participating in discussions by sharing ideas and expertise. 5. Identifying issues affecting communities impacted by both the LRT project development and Community Works initiatives and assisting in developing strategies for minimizing those impacts. 6. Providing feedback to the Southwest LRT Communication Steering Committee on the structure and effectiveness of the communication and public involvement efforts. 7. Listening to and respecting the viewpoints of others. City Council Meeting of June 4, 2012 (Item No. 4b) Page 2 Subject: SW LRT Business Advisory Committee (BAC) Appointments RECOMMENDATION: City Staff has identified the following volunteers to represent the business interests in the community: • Louisiana Station Area – Duane Spiegle, Park Nicollet Park Nicollet is the biggest employer in St. Louis Park and Methodist Hospital is a major destination in the Louisiana Station Area. • Wooddale Station Area – Curt Rahmen, Property Damage Appraisers Rahmen is the owner of several small properties and businesses in close proximity to both the Wooddale Station and the MN&S freight rail line. • Beltline Station Area – Brad Bakken, Citizen’s Independent Bank Citizen’s Independent Bank is a key financial institution in St. Louis Park, close to the Beltline Station. Bakken has been active in the Twin West Chamber; he was also chair of the 2006 Vision Action Team for Transportation. All three business community members would like to volunteer to represent the business community in St. Louis Park. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community, by promoting regional transportation including Southwest LRT. Attachments: None Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: June 4, 2012 Agenda Item #: 4c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Receipt of Donation for International Society of Arboriculture Conference RECOMMENDED ACTION: Motion to Adopt Resolution Accepting Donation to the City to support the Environmental Coordinator’s Attendance at the 2012 International Society of Arboriculture Conference. POLICY CONSIDERATION: Minnesota Statutes Section 465.03 requires that donations of real or personal property be accepted by a resolution of the City Council adopted by a two-thirds majority of its members. Does the City Council wish to accept a donation to the City of St. Louis Park to support participation at an out-of-state conference by the Environmental Coordinator? BACKGROUND: The City of St. Louis Park’s Environmental Coordinator, Jim Vaughan, will represent the Minnesota Society of Arboriculture (MSA) as their International Society of Arboriculture (ISA) Council Representative at the ISA 2012 Conference in Portland Oregon, August 9- August 15, 2012. This conference is an annual international conference for arborists covering many aspects in the science, technology, management and practice of urban tree care. The Minnesota Society of Arboriculture elected Mr. Vaughan as their chapter representative to the ISA. The ISA requires each chapter representative attend their annual ISA conference. As a result of Mr. Vaughan’s election/appointment, the Minnesota Society of Arboriculture has offered to pay all related conference expenses. The City Attorney has reviewed this matter. His opinion is that state law permits the payment of such expenses by this organization, regardless of whether the funds come from primary or secondary sources. It is treated as a gift to the city and needs to be authorized by a resolution adopted by the City Council determining that attendance at this event serves a public purpose and accepting the gift. The resolution needs to be adopted before attendance at the conference. The City of St. Louis Park will pay for travel, the conference and hotel accommodations up front and submit receipts to MSA for reimbursement. ABOUT MSA: The Minnesota Society of Arboriculture (MSA) is a non-profit organization with members ranging from large corporate organizations, such as Xcel Energy, to small tree companies to public employees. Their mission is to foster and promote the planting and preservation of shade and ornamental trees. MSA promotes the science, technology and practice of arboriculture and urban forestry, encouraging participation in continuing education programs (i.e. Certified Arborist program) and an exchange of information and experience. Jim Vaughan is and has been an active member of MSA for over 22 years. City Council Meeting of June 4, 2012 (Item No. 4c) Page 2 Subject: Receipt of Donation for International Society of Arboriculture Conference FINANCIAL OR BUDGET CONSIDERATION: All costs related to this conference are covered by the Minnesota Society of Arboriculture with no out-of-pocket costs to the City of St. Louis Park. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Stacy Voelker, Administrative Secretary Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of June 4, 2012 (Item No. 4c) Page 3 Subject: Receipt of Donation for International Society of Arboriculture Conference RESOLUTION NO. 12-___ RESOLUTION ACCEPTING DONATION TO THE CITY TO SUPPORT ENVIRONMENTAL COORDINATORS ATTENDANCE AT THE 2012 INTERNATIONAL SOCIETY OF ARBORICULTURE CONFERENCE WHEREAS, the Minnesota Society of Arboriculture has offered to donate all travel, lodging, and attendance related costs of the City’s Environmental Coordinator’s attendance at the International Society of Arboriculture Conference, Portland Oregon, August 9 - 15, 2012 to the City of St. Louis Park, for arborists covering many aspects in the science, management and practice of urban tree care; and WHEREAS, such donation will benefit the citizens of the City of St. Louis Park; and WHEREAS, Minnesota Statutes Section 465.03 requires that donations of real or personal property be accepted by a resolution of the City Council adopted by a two-thirds majority of its members. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that the donation of all travel, lodging, and attendance related costs of the City’s Environmental Coordinator at the International Society of Arboriculture Conference in Portland Oregon, August 9 - 15, 2012 by the Minnesota Society of Arboriculture is hereby accepted. Reviewed for Administration: Adopted by the City Council June 4, 2012 City Manager Mayor Attest: City Clerk Meeting Date: June 4, 2012 Agenda Item #: 4G Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period May 12 through May 25, 2012. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report on a monthly basis for Council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 1Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 300.00INSPECTIONS G & A TRAINING3M 300.00 26,219.77PARK AND RECREATION BALANCE SH INVENTORYALL LINES LEASING 26,219.77 84.60-GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEAMERICAN MASONRY RESTORATION 1,692.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 1,607.40 78.85POLICE G & A TELEPHONEAMERICAN MESSAGING 78.85 59.12GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 137.56PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 89.77PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 40.99ENTERPRISE G & A GENERAL SUPPLIES 98.82VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 70.17WATER UTILITY G&A OPERATIONAL SUPPLIES 70.17SEWER UTILITY G&A OPERATIONAL SUPPLIES 11.68STORM WATER UTILITY G&A OPERATIONAL SUPPLIES 578.28 10.70-IT G & A BANK CHARGES/CREDIT CD FEESANCHOR PAPER CO 1,143.22SUPPORT SERVICES G&A OFFICE SUPPLIES 1,132.52 3,358.54FABRICATIONOTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL 3,358.54 183.72GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYARAMARK UNIFORM CORP ACCTS 183.72 48.95OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS 48.95 154.80TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTAT&T MOBILITY 154.80 4.43-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSATOMIC RECYCLING 68.76CLEANING/DEBRIS REMOVAL CLEANING/WASTE REMOVAL SERVICE 29.56-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 2 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 2Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 459.51VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 4.42-SEWER UTILITY BALANCE SHEET DUE TO OTHER GOVTS 68.76SEWER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 558.62 634.45CABLE TV G & A OFFICE EQUIPMENTAVI SYSTEMS INC 634.45 12,837.25TREE REPLACEMENT TREE REPLACEMENTBAILEY NURSERIES INC 2,133.71REFORESTATION FUND OTHER CONTRACTUAL SERVICES 14,970.96 235.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBALDINGER, WENDY 235.00 229.01HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESBARNA, GUZY & STEFFEN LTD 229.01 175.00POLICE G & A TRAININGBCA CJTE 175.00 4,537.40PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIBEBERGS LANDSCAPE SUPPLY 4,537.40 1,400.00GO BONDS-FIRE STATIONS G&A RENTAL BUILDINGSBELT LINE PROPERTIES INC 1,400.00 600.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBEND IN THE RIVER BIG BAND 600.00 591.23NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBLACKSTONE NEIGHBORHOOD ASSN 591.23 32.15PARK AND RECREATION BALANCE SH INVENTORYBOYER TRUCK PARTS 32.15 900.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESBRAKEMEIER PROPERTIES INC 900.00 284.50GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESBRAUN INTERTEC CORPORATION 284.50 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 3 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 3Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 85.00-GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEBREDEMUS HARDWARE COMPANY INC 1,700.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 1,615.00 252.00INSPECTIONS G & A BUILDINGBRENTWOOD BUILDERS INC 252.00 135.00ENGINEERING G & A SUBSCRIPTIONS/MEMBERSHIPSBRINK, SCOTT 135.00 49.91-GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEBUILDING MATERIAL SUPPLY INC 998.17GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 948.26 400.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBURCH, JACK 400.00 7,765.24ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 660.00STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 30.00SEWER UTILITY G&A LEGAL SERVICES 225.00SOLID WASTE G&A LEGAL SERVICES 8,680.24 1,372.27IT G & A EQUIPMENT MTCE SERVICECARTRIDGE CARE 1,372.27 5,053.91TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTCDW GOVERNMENT INC 5,053.91 125.00DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 125.00 628.47FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 357.15PARK MAINTENANCE G & A HEATING GAS 38.69WESTWOOD G & A HEATING GAS 53.63NATURALIST PROGRAMMER HEATING GAS 2,383.09WATER UTILITY G&A HEATING GAS 81.78REILLY G & A HEATING GAS 58.87SEWER UTILITY G&A ELECTRIC SERVICE 3,601.68 1,884.21FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 4 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 4Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 2,944.15ENTERPRISE G & A HEATING GAS 4,828.36 39.18E-911 PROGRAM TELEPHONECENTURY LINK 39.18 28.30SUPPORT SERVICES G&A OFFICE SUPPLIESCHARNSTROM 28.30 43.73-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 88.80HUMAN RESOURCES MEETING EXPENSE 240.07COMM & MARKETING G & A GENERAL SUPPLIES 22.34COMM & MARKETING G & A TELEPHONE 37.71IT G & A OFFICE SUPPLIES 679.73FINANCE G & A OFFICE SUPPLIES 275.03GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 3.41-CABLE TV BALANCE SHEET DUE TO OTHER GOVTS 53.00OTHER CITY DEPARTMENTS OFFICE EQUIPMENT 966.42TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 2,315.96 350.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTCLARITY CENTRAL 350.00 2,180.45PLAYGROUND EQUIPMENT MAINTENAN OTHER IMPROVEMENT SUPPLIESCLEARWATER RECREATION 14,900.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 17,080.45 53.28-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCLOUTIER, JIM 828.28POLICE G & A OPERATIONAL SUPPLIES 775.00 4,259.05GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESCOMCAST CABLE 4,259.05 316.64PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY 316.64 546.25EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S 546.25 8,158.89POLICE G & A OTHER CONTRACTUAL SERVICESCORNERSTONE ADVOCACY SERVICE City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 5 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 5Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 8,158.89 22.75-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCREATIVE SERVICES OF NEW ENGLA 353.70NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 330.95 167.75-GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGECROSSROAD CONSTRUCTION INC 3,355.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 3,187.25 116.44SUPPORT SERVICES G&A OFFICE SUPPLIESCROWN MARKING INC 116.44 97.50CABLE TV G & A OTHER CONTRACTUAL SERVICESCTC 97.50 2,319.14GENERAL REPAIR EQUIPMENT MTCE SERVICECUMMINS NPOWER LLC 2,319.14 204.00SOFTBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 204.00 8,317.81SSD 1 G&A LANDSCAPING MATERIALSCUSTOM PRODUCTS & SERVICES 6,650.30SSD 2 G&A LANDSCAPING MATERIALS 4,594.82SSD 3 G&A LANDSCAPING MATERIALS 1,622.90SSD #4 G&A LANDSCAPING MATERIALS 6,086.15SSD #5 G&A LANDSCAPING MATERIALS 2,258.80SSD #6 G&A LANDSCAPING MATERIALS 29,530.78 23.82PARK AND RECREATION BALANCE SH INVENTORYD&D INSTRUMENTS 23.82 10,696.05WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 10,696.05 4,965.40GENERAL BUILDING MAINTENANCE CLEANING/WASTE REMOVAL SUPPLYDALCO ENTERPRISES INC 4,965.40 280.69ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 280.69 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 6 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 6Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 1,279.05PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 3,000.00PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 4,279.05 1,939.41SUPPORT SERVICES G&A POSTAGEDO-GOOD.BIZ INC 189.88NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 2,129.29 2,020.38SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 2,020.38 3,500.002010D FIRE STAT DEBT SERV G&A OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 3,500.00 127.87PUBLIC WORKS G & A OFFICE SUPPLIESELLINGSON, JUDY 127.87 1,506.24OPERATIONSEMERGENCY PREPAREDNESSEMBEDDED SYSTEMS INC 1,506.24 9,703.96PARK AND RECREATION BALANCE SH INVENTORYEMERGENCY AUTOMOTIVE TECHNOLOG 9,703.96 135.00IT G & A EQUIPMENT MTCE SERVICEENCORE BROKERS 135.00 1,154.25STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEESS BROTHERS & SONS INC 1,154.25 750.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTETHICAL LEADERS IN ACTION LLC 750.00 35,699.12SOLID WASTE COLLECTIONS RECYCLING SERVICEEUREKA RECYCLING 35,699.12 256.64PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 80.16-GENERAL REPAIR GENERAL SUPPLIES 176.48 9.58GENERAL REPAIR GENERAL SUPPLIESFASTENAL COMPANY 9.58 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 7 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 7Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 39.02HUMAN RESOURCES RECRUITMENTFEDEX 887.00SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 926.02 3,509.00BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFENNERT, WILLIAM 3,509.00 276.38ICE RESURFACER MOTOR FUELSFERRELLGAS 276.38 58.78BUILDING MAINTENANCE GENERAL SUPPLIESFLOYD TOTAL SECURITY 58.78 5,000.00ESCROWSDEMO / BROOKSIDE TRAFFICFRATTALONE COMPANIES INC 5,000.00 400.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESFRIENDS OF THE ARTS 400.00 1,250.00FINANCE G & A GENERAL PROFESSIONAL SERVICESGALLAGHER RISK MGMT SERVICES I 1,250.00PARK AND REC G&A GENERAL PROFESSIONAL SERVICES 1,250.00VEHICLE MAINTENANCE G&A GENERAL PROFESSIONAL SERVICES 1,250.00CABLE TV G & A GENERAL PROFESSIONAL SERVICES 1,250.00HOUSING REHAB G & A GENERAL PROFESSIONAL SERVICES 1,250.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,250.00SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,250.00SOLID WASTE G&A GENERAL PROFESSIONAL SERVICES 1,250.00STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 11,250.00 61.69HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEGASPARD, CHRIS 61.69 25.00-GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEGENERAL SPRINKLER CORP 500.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 475.00 150.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESGOLDBERG, RUTH MARELL 150.00 534.38PARK AND RECREATION BALANCE SH INVENTORYGRAFIX SHOPPE 34.38-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 8 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 8Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 500.00 336.78GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGRAINGER INC, WW 7.80GENERAL REPAIR GENERAL SUPPLIES 344.58 177.67OPERATIONSEQUIPMENT MTCE SERVICEGREAT AMERICAN MARINE INC 177.67 128,813.45GREENSBORO HIA OTHER CONTRACTUAL SERVICESGREENSBORO CONDOMINIUM OWNERS 128,813.45 206.25-WATER UTILITY BALANCE SHEET DUE TO OTHER GOVTSGRIMES DESIGN 3,206.25WATER UTILITY G&A OTHER 3,000.00 891.56POLICE G & A TRAININGGRONSKI, PAM 891.56 451.92EMPLOYEE FLEX SPEND G&A HEALTH INSURANCEGROUP HEALTH INC - WORKSITE 451.92 250.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHALL, MARY 250.00 3,448.88GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESHALLBERG ENGINEERING INC 3,448.88 3,500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHALLQUIST, WILLIAM 3,500.00 306.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 306.00 4,500.00ESCROWSPMC ESCROWHANNEMAN, DUSTIN 4,500.00 42.00OPERATIONSFIRE PREVENTION SUPPLIESHANSON ASSOC, R.D. 42.00 218.44BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSHANSON, CHERYL 218.44 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 9 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 9Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 1,314.50WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 1,314.50 348.32STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHEDBERG AGGREGATES 348.32 223.07WESTWOOD G & A GENERAL SUPPLIESHEGNA, JESSICA 32.19WESTWOOD G & A MILEAGE-PERSONAL CAR 255.26 650.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHELGESON, GLEN 650.00 2,240.00POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH 832.00OPERATIONSRADIO COMMUNICATIONS 256.00OPERATIONSEMERGENCY PREPAREDNESS 3,328.00 365.89PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICEHENNEPIN COUNTY TREASURER 365.89 4,685.13PERMANENT MARKINGS OTHER CONTRACTUAL SERVICESHIGHWAY TECHNOLOGIES INC 4,685.13 175.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHINDING, CHRIS 175.00 8,967.00FINANCE G & A AUDITING AND ACCOUNTING SERVICHLB TAUTGES REDPATH LTD 2,562.00PARK AND REC G&A AUDITING AND ACCOUNTING SERVIC 183.00CABLE TV G & A AUDITING AND ACCOUNTING SERVIC 366.00HOUSING REHAB G & A AUDITING AND ACCOUNTING SERVIC 1,830.00WATER UTILITY G&A AUDITING AND ACCOUNTING SERVIC 2,196.00SEWER UTILITY G&A AUDITING AND ACCOUNTING SERVIC 1,098.00SOLID WASTE G&A AUDITING AND ACCOUNTING SERVIC 732.00STORM WATER UTILITY G&A AUDITING AND ACCOUNTING SERVIC 17,934.00 322.72GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 17.96ROUTINE MAINTENANCE GENERAL SUPPLIES 129.19GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIES 31.93INSTALLATIONOTHER IMPROVEMENT SUPPLIES City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 10 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 10Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 50.28PARK MAINTENANCE G & A GENERAL SUPPLIES 130.71ENVIRONMENTAL G & A LANDSCAPING MATERIALS 26.62BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES 145.13BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 115.75BUILDING MAINTENANCE GENERAL SUPPLIES 32.66WATER UTILITY G&A GENERAL SUPPLIES 23.73WATER UTILITY G&A EQUIPMENT PARTS 3.45REILLY BUDGET GENERAL SUPPLIES 213.48SEWER UTILITY G&A SMALL TOOLS 41.76SEWER UTILITY G&A BLDG/STRUCTURE SUPPLIES 71.85STORM WATER UTILITY G&A GENERAL SUPPLIES 1,357.22 375.00SOFTBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 375.00 225.00SOFTBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 225.00 600.00IT G & A COMPUTER SERVICESHRGREEN 600.00 322.50COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTATHUBER, JASON 322.50 350.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESHUIRAS, KEN 350.00 384.00GENERAL FUND BALANCE SHEET UNREALIZED REVENUEHURWITZ LAW FIRM 384.00 278.65PARK AND RECREATION BALANCE SH INVENTORYI-STATE TRUCK CENTER 278.65 1,595.20EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,595.20 737.89WATER UTILITY G&A POSTAGEIMPACT PROVEN SOLUTIONS 737.89SEWER UTILITY G&A POSTAGE 737.89SOLID WASTE COLLECTIONS POSTAGE 737.88STORM WATER UTILITY G&A POSTAGE 2,951.55 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 11 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 11Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 113.29WATER UTILITY G&A OTHER IMPROVEMENT SERVICEINDELCO 362.81WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 476.10 283.22TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIESINDEPENDENT BLACK DIRT CO 283.22 34,400.00HUMAN RESOURCES OTHER CONTRACTUAL SERVICESINDEPENDENT SCHOOL DISTRICT #2 34,400.00 145.40REC CENTER BUILDING EQUIPMENT MTCE SERVICEINDY LIFT INC 145.40 750.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTINSIGHT EDGE 750.00 2,516.82IT G & A TELEPHONEINTEGRA TELECOM 2,516.82 193.08PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD 193.08 1,094.76EMPLOYEE FLEX SPEND G&A TUITIONJASMER, JERRY 1,094.76 92.57PARK MAINTENANCE G & A GENERAL SUPPLIESJERRY'S HARDWARE 92.57 965.22STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEJOHN DEERE LANDSCAPES/LESCO 965.22 2,483.78PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY 2,483.78 110.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESKARCHER-RAMOS, AMBER 110.00 276.92EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 276.92 306.00ESCROWSKENNEDY & GRAVEN City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 12 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 12Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 306.00 350.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESKIDSYNC LLC 350.00 270.00-GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEKIRK ACOUSTICS INC 5,400.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 5,130.00 3,800.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESKLM ENGINEERING INC. 3,800.00 2,500.00ESCROWSDEMO / BROOKSIDE TRAFFICKOTHRADE CONSTRUCTION 2,500.00 3,711.80PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESKRECH, O'BRIEN, MUELLER & WASS 3,711.80 1,500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESKRUBE, DAVID 1,500.00 810.73BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICEKRUGE-AIR INC 810.73 204.00SOFTBALLOTHER CONTRACTUAL SERVICESKUBES, JON 204.00 261.39POLICE G & A POLICE EQUIPMENTKUSTOM SIGNALS INC 261.39 983.25TREE REPLACEMENT TREE REPLACEMENTLANDSCAPING BY DAVID MILLER LL 983.25 215.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCELAPPIN, JUSTIN 215.00 2,226.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,226.00 70.83POLICE G & A TRAININGLEAGUE OF MINNESOTA CITIES 70.83 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 13 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 13Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 70.83POLICE G & A TRAININGLEAGUE OF MN CITIES 70.83 119,654.75EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l expLEAGUE OF MN CITIES INSURANCE 119,654.75 215.35INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESLENTNER, LAURA 215.35 36.00INSPECTIONS G & A PLUMBINGLLOYD'S IDEAL PLUMBING LLC 36.00 166.00GENERAL FUND BALANCE SHEET UNREALIZED REVENUELORENTZ, JESSICA 166.00 408.00SOFTBALLOTHER CONTRACTUAL SERVICESLUCAS, ERIC 408.00 625.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESM B MUSIC INC 625.00 646.70FINANCE G & A OFFICE SUPPLIESM-K GRAPHICS 646.70 779.46UNINSURED LOSS G&A UNINSURED LOSSMAACO AUTO PAINTING 779.46 108.83INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESMACGREGOR-HANNAH, MAREN 108.83 1,127.50WATER UTILITY G&A BUILDING MTCE SERVICEMANAGED SERVICES INC 1,127.50 384.96SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE 452.82SSD 2 G&A OTHER CONTRACTUAL SERVICES 326.44SSD 3 G&A OTHER CONTRACTUAL SERVICES 291.07SSD #4 G&A OTHER CONTRACTUAL SERVICES 406.94SSD #5 G&A OTHER CONTRACTUAL SERVICES 516.84SSD #6 G&A OTHER CONTRACTUAL SERVICES 2,379.07 350.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESMARSHALL, ADAM City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 14 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 14Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 350.00 35.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESMCKAY, KATHY 35.00 891.56POLICE G & A TRAININGMCNEIL, ABBY 891.56 129.15PARK MAINTENANCE G & A GENERAL SUPPLIESMENARDS 138.23PARK BUILDING MAINTENANCE OTHER IMPROVEMENT SUPPLIES 2.26PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 269.64 27.84PUBLIC WORKS G & A GENERAL SUPPLIESMERKLEY, SCOTT 27.84 20.49-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSMETRO FIRE INC 405.99OPERATIONSEQUIPMENT PARTS 385.50 292,430.91OPERATIONSCLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL 292,430.91 5,206.09IT G & A OFFICE EQUIPMENTMID AMERICA BUSINESS SYSTEMS 5,206.09 1,060.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 1,060.00 498.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 498.00 26.00PUBLIC WORKS OPS G & A GENERAL SUPPLIESMINNESOTA GLOVE & SAFETY INC 26.00 907.00HUMAN RESOURCES CITEMINNESOTA TWINS BASEBALL CLUB 907.00 12.85CRACK SEALING PROJECTS GENERAL SUPPLIESMINNESOTA WANNER COMPANY 12.85 240.47GENERAL REPAIR EQUIPMENT MTCE SERVICEMINT CONDITION DETAILING City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 15 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 15Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 240.47 500.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTMNMAC LLC 500.00 32.45-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSMOST DEPENDABLE FOUNTAINS 504.45PARK BUILDING MAINTENANCE OTHER IMPROVEMENT SUPPLIES 472.00 25.00PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPSMPSTMA 25.00 477.42PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESMUSCO SPORTS LIGHTING LLC 477.42 400.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESMUTCHLER, MARC 400.00 453.00REILLY BUDGET OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 453.00 389.18GENERAL REPAIR GENERAL SUPPLIESMYERS TIRE SUPPLY CO 389.18 332.17PARK AND RECREATION BALANCE SH INVENTORYNAPA (GENUINE PARTS CO) 236.13GENERAL REPAIR GENERAL SUPPLIES 41.33WATER UTILITY G&A EQUIPMENT PARTS 609.63 3,813.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSNATIONAL LEAGUE OF CITIES 3,813.00 350.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTNELSON, SCOTT 350.00 1,044.44PUBLIC WORKS G & A TRAININGNEW HORIZONS TWIN CITIES 130.56TRAININGTRAINING 391.66WATER UTILITY G&A TRAINING 391.66SEWER UTILITY G&A TRAINING 391.68STORM WATER UTILITY G&A TRAINING 2,350.00 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 16 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 16Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 244.38REFORESTATION FUND OTHER CONTRACTUAL SERVICESNORTH CENTRAL REFORESTATION IN 244.38 20,092.50TREE REPLACEMENT TREE REPLACEMENTNORTH METRO COMPANIES 20,092.50 542.21AQUATIC PARK MAINTENANCE GENERAL SUPPLIESNORTHERN AIRE SWIMMING POOLS 542.21 106.71INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESOBERSTAR, KATIE 106.71 132.64HUMAN RESOURCES OFFICE SUPPLIESOFFICE DEPOT 69.94POLICE G & A OFFICE SUPPLIES 64.72PUBLIC WORKS G & A OFFICE SUPPLIES 130.57WESTWOOD G & A OFFICE SUPPLIES 397.87 760.77INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 760.77 500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESOKEE DOKEE BROTHERS 500.00 120.47TREE MAINTENANCE GENERAL SUPPLIESOLSEN CHAIN & CABLE CO INC 120.47 53.12COMMUNITY OUTREACH G & A MEETING EXPENSEOLSON, MARNEY 53.12 41.98NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESON SITE SANITATION 41.98 33.30INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPAPP, MELISSA 33.30 891.56POLICE G & A TRAININGPARKER, JON 891.56 129.20INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPARR, MELISSA 129.20 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 17 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 17Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 1,022.79COMMUNITY OUTREACH G & A PRINTING & PUBLISHINGPERNSTEINER CREATIVE GROUP INC 539.01ENVIRONMENTAL G & A OFFICE SUPPLIES 1,561.80 2,650.00PARK AND RECREATION BALANCE SH PETTYPETTY CASH 2,650.00 26.09WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC 15.00WESTWOOD G & A TRAINING 26.65WESTWOOD G & A MILEAGE-PERSONAL CAR 7.69ADULTS 18 - 54 CONCESSION SUPPLIES 75.43 249.87SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEPLANT & FLANGED EQUIPMENT 249.87 61,645.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIPLAYPOWER LT FARMINGTON INC 61,645.00 447.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPOLK, MARLA 447.00 350.44STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEPRAIRIE RESTORATIONS INC 350.44 2,223.00TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE 2,223.00 126.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 126.00 11,116.04WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQ3 CONTRACTING 5,805.83STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 16,921.87 19.96ICE RESURFACER EQUIPMENT MTCE SERVICER & R SPECIALTIES 19.96 85.55POLICE G & A OFFICE SUPPLIESREGENCY OFFICE PRODUCTS LLC 12.70NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 98.25 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 18 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 18Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 714.99PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESREINDERS INC 714.99 14,250.00ESCROWSPMC ESCROWREINOSO & JOUITA CALLE, SEGUND 14,250.00 9,839.80IT G & A EQUIPMENT MTCE SERVICERICOH USA INC 9,839.80 4,500.00ESCROWSPMC ESCROWRIDGE CREEK HOMES 4,500.00 102.95GENERAL REPAIR GENERAL SUPPLIESRIGID HITCH INC 102.95 2,201.46WATER UTILITY G&A OTHER CONTRACTUAL SERVICESRMR SERVICES 2,201.46 1,000.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESRODRIGUEZ, JAMES 1,000.00 5,472.50GENERAL REPAIR EQUIPMENT MTCE SERVICEROSENBAUER MINNESOTA LLC 5,472.50 1,140.47TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTRTVISION INC 1,140.47 2,852.42EMPLOYEE FLEX SPEND G&A TUITIONRUD, JOSEPH 2,852.42 514.42INSPECTIONS G & A TRAININGRUTTGERS BAY LAKE LODGE 514.42 39.95VEHICLE MAINTENANCE G&A EQUIPMENT MTCE SERVICESAFELITE FULFILLMENT INC 39.95 7,500.00ESCROWSPMC ESCROWSAKARIA & KRISTINA ANDERSON, A 7,500.00 429.06SPECIAL EVENTS GENERAL SUPPLIESSAM'S CLUB 429.06 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 19 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 19Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 66.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESSAURER, MARTI 66.00 4,000.00ESCROWSPMC ESCROWSCHELL, PATTI 4,000.00 455.00-GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGESCHINDLER ELEVATOR CORP 9,100.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 8,645.00 425.00ERUTRAININGSCOTT COUNTY TREASURER 425.00 20,458.39CE INSPECTION IMPROVEMENTS OTHER THAN BUILDISEH 3,636.16PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 24,094.55 56.00ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICESSGC HORIZON LLC 218.75PAVEMENT MANAGEMENT G&A OTHER CONTRACTUAL SERVICES 56.00REV BONDS 2001B / 2010B REF OTHER CONTRACTUAL SERVICES 330.75 102.60GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSIGN PRODUCERS INC 3,893.46GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 3,996.06 727.39IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICESSIGNATURE MECHANICAL INC 9,655.67PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 10,383.06 649.01BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESSIMPLEXGRINNELL LP 649.01 223.94POLICE G & A POLICE EQUIPMENTSIRCHIE FINGER PRINT LABS INC 223.94 1,345.92EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,345.92 38.00ENGINEERING G & A TRAININGSLUC 38.00 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 20 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 20Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 2,000.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESSMP PRODUCTIONS 2,000.00 9,285.54ENGINEERING G & A ENGINEERING SERVICESSRF CONSULTING GROUP INC 681.12CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 9,966.66 578.19TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEST CROIX TREE SERVICE INC 578.19 500.00GENERAL FUND G&A CONTRIBUTIONS/DONATIONSST LOUIS PARK COMMUNITY BAND 300.00PERFORMING ARTS OTHER CONTRACTUAL SERVICES 800.00 490.00REC CENTER BUILDING OTHER CONTRACTUAL SERVICESST PAUL LINOLEUM & CARPET CO 490.00 153.00SOFTBALLOTHER CONTRACTUAL SERVICESSTEARNS, DAVID 153.00 55,000.00STEP/HAMILTON HOUSE OTHER CONTRACTUAL SERVICESSTEP 55,000.00 138.63PARK AND RECREATION BALANCE SH INVENTORYSTEPP MANUFACTURING CO INC 138.63 5,601.38PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESSTEVENS ENGINEERS INC 5,601.38 225.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESSTICKS AND TONES BAND 225.00 4,703.00POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S 4,703.00 13,113.18REILLY BUDGET GENERAL PROFESSIONAL SERVICESSUMMIT ENVIROSOLUTIONS INC 13,113.18 217.32ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 217.32 53.92WESTWOOD G & A OTHER IMPROVEMENT SUPPLIESTEAM HANDYMAN LLC City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 21 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 21Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 53.92 308.79BUILDING MAINTENANCE EQUIPMENT MTCE SERVICETENNANT SALES AND SERVICE CO. 308.79 72.53VEHICLE MAINTENANCE G&A GENERAL SUPPLIESTERMINAL SUPPLY CO 72.53 42.66ADMINISTRATION G & A LONG TERM DISABILITYTHE HARTFORD - PRIORITY ACCOUN 51.90HUMAN RESOURCES LONG TERM DISABILITY 15.51COMM & MARKETING G & A LONG TERM DISABILITY 39.20IT G & A LONG TERM DISABILITY 33.10ASSESSING G & A LONG TERM DISABILITY 64.49FINANCE G & A LONG TERM DISABILITY 106.69COMM DEV G & A LONG TERM DISABILITY 113.79POLICE G & A LONG TERM DISABILITY 72.21OPERATIONSLONG TERM DISABILITY 54.34INSPECTIONS G & A LONG TERM DISABILITY 40.99PUBLIC WORKS G & A LONG TERM DISABILITY 70.77ENGINEERING G & A LONG TERM DISABILITY 19.25PUBLIC WORKS OPS G & A LONG TERM DISABILITY 65.00ORGANIZED REC G & A LONG TERM DISABILITY 19.25PARK MAINTENANCE G & A LONG TERM DISABILITY 16.05ENVIRONMENTAL G & A LONG TERM DISABILITY 16.05WESTWOOD G & A LONG TERM DISABILITY 16.97REC CENTER/AQUATIC PARK SAL LONG TERM DISABILITY 16.51VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 15.60HOUSING REHAB G & A LONG TERM DISABILITY 19.25WATER UTILITY G&A LONG TERM DISABILITY 1,949.33EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY 2,858.91 355.34INSPECTIONS G & A TRAININGTILTON, JOHN 355.34 299.81ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 299.81 849.14PARK AND RECREATION BALANCE SH INVENTORYTITAN MACHINERY 849.14 155.55PARK AND RECREATION BALANCE SH INVENTORYTOWMASTER City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 22 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 22Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 155.55 255.00SOFTBALLOTHER CONTRACTUAL SERVICESTRAUTMANN, JOHN 255.00 242.82PARK AND RECREATION BALANCE SH INVENTORYTRUCK UTILITIES MFG CO 242.82 116.39PARK AND RECREATION BALANCE SH INVENTORYTURFWERKS 116.39 2,500.00ESCROWSDEMO / BROOKSIDE TRAFFICTWIN CITIES COMMUNITY LAND BAN 2,500.00 1,050.00SSD 1 G&A OTHER CONTRACTUAL SERVICESTWIN CITY OUTDOOR SERVICES INC 370.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 1,420.00 247.15STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICETWIN CITY SEED CO 247.15 545.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSTWIN WEST CHAMBER OF COMMERCE 30.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 575.00 150.00POLICE G & A POLICE EQUIPMENTUHL CO INC 6.00POLICE G & A POSTAGE 156.00 247.90POLICE G & A OPERATIONAL SUPPLIESUNIFORMS UNLIMITED (PD) 945.16SUPERVISORYOPERATIONAL SUPPLIES 299.40PATROLOPERATIONAL SUPPLIES 1,500.00COMMUNITY SERVICE OFFICER OPERATIONAL SUPPLIES 2,992.46 150.00EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUNITED STATES TREASURY 150.00 240.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 240.00 120.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 23 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 23Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 120.00 70.00HOUSING REHAB G & A SEMINARS/CONFERENCES/PRESENTATURBAN LAND INSTITUTE 70.00 102.00HUMAN RESOURCES RECRUITMENTUS HEALTH WORKS MEDICAL GROUP 102.00 353.95HUMAN RESOURCES RECOGNITIONVAIL, LORI 353.95 66.94SEWER UTILITY G&A GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC 66.94 3,075.60WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 3,075.60 7.50BABIES AND TOTS PROGRAM REVENUEVAN MAASDAM, ANDREW AND CHARIS 7.50 225.00SOFTBALLOTHER CONTRACTUAL SERVICESVICE, GARY 225.00 257.59PARK MAINTENANCE G & A GENERAL SUPPLIESVIKING INDUSTRIAL CTR 512.18WATER UTILITY G&A OPERATIONAL SUPPLIES 769.77 24.50COMM DEV PLANNING G & A MEETING EXPENSEWALTHER, SEAN 121.55COMM DEV PLANNING G & A MILEAGE-PERSONAL CAR 38.59ACTIVE COMMUNITY PLANNING HENNEPIN COUNTY 184.64 5,974.94SOLID WASTE COLLECTIONS MOTOR FUELSWASTE MANAGEMENT OF WI-MN 60,187.05SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 25,169.13SOLID WASTE COLLECTIONS YARD WASTE SERVICE 30,847.51SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 20,040.81SOLID WASTE DISPOSAL YARD WASTE SERVICE 142,219.44 507.00PLAYGROUND EQUIPMENT MAINTENAN OTHER CONTRACTUAL SERVICESWASTE TECHNOLOGY INC 507.00 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 24 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 24Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 240.40WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 240.40 2,382.60REC CENTER BUILDING GENERAL SUPPLIESWENGER CORP 2,382.60 126.00SUPPORT SERVICES OTHER CONTRACTUAL SERVICESWEST PAYMENT CENTER 126.00 162.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESWIGGENS, MARK 162.50 75.00ACTIVE COMMUNITY PLANNING HENNEPIN COUNTYWRAP CITY GRAPHICS 344.31ORGANIZED REC G & A GENERAL SUPPLIES 165.00OAK HILL SPLASH PAD GENERAL SUPPLIES 770.00SPECIAL PROGRAMS GENERAL SUPPLIES 345.00REC CENTER BUILDING GENERAL SUPPLIES 1,699.31 11,601.91FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 22.23OPERATIONSELECTRIC SERVICE 25,998.79PUBLIC WORKS OPS G & A ELECTRIC SERVICE 3,563.44PARK MAINTENANCE G & A ELECTRIC SERVICE 19.06BRICK HOUSE (1324)ELECTRIC SERVICE 42.07WW RENTAL HOUSE (1322)ELECTRIC SERVICE 9,534.83GO BONDS-FIRE STATIONS G&A LAND 22,311.52WATER UTILITY G&A ELECTRIC SERVICE 1,479.83REILLY BUDGET ELECTRIC SERVICE 3,028.27SEWER UTILITY G&A ELECTRIC SERVICE 1,455.45STORM WATER UTILITY G&A ELECTRIC SERVICE 79,057.40 29,883.94PARK AND RECREATION BALANCE SH INVENTORYYOCUM OIL CO INC 29,883.94 587.45ROUTINE MAINTENANCE SMALL TOOLSZACKS INC 264.74PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 128.22SEWER UTILITY G&A SMALL TOOLS 980.41 417.18HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEZANDER, LOIS 417.18 City Council Meeting of June 4, 2012 (Item No. 4d) Subject: Vendor Claims Page 25 5/30/2012CITY OF ST LOUIS PARK 9:49:10R55CKSUM LOG23000VO 25Page -Council Check Summary 5/25/2012 -5/12/2012 Vendor AmountBusiness Unit Object 52.17PUBLIC WORKS G & A MILEAGE-PERSONAL CARZIMMERMAN, JEAN 52.17 348.54ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING 348.54 Report Totals 1,527,862.33 City Council Meeting of June 4, 2012 (Item No. 4g) Subject: Vendor Claims Page 26 Meeting Date: June 4, 2012 Agenda Item #: 4e OFFICIAL MINUTES ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION MEETING OF FEBRUARY 29, 2012 ST. LOUIS PARK COUNCIL CHAMBERS MEMBERS PRESENT: Bruce Browning, Rick Dworsky, Dale Hartman, Toby Keeler (via Skype, after item 6B.) and Bill Theobald MEMBERS ABSENT: Chair Rolf Peterson STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community TV Coordinator 1. Call to Order Acting Chair Theobald called the meeting to order at 7:12 PM. 2. Roll Call Present at roll call were Commissioners Browning, Dworsky, Hartman, Keeler (after item 6B) and Theobald. 3. Approval of Minutes for December 15, 2011 It was moved by Commissioner Browning, seconded by Commissioner Dworsky, to approve the minutes of December, 2011. The motion passed 3-0-1 (Vice Chair Theobald abstained). 4. Adoption of Agenda It was moved by Commissioner Browning, seconded by Commissioner Dworsky, to approve the agenda. The motion passed 4-0. 5. Public Comment - None 6. New Business A. Elect Vice Chair for 2012 Nominations were called three times for Vice Chair. Commissioner Browning made a motion to nominate Bill Theobald as Vice Chair, Commissioner Dworsky seconded. The motion passed 4-0. B. Review budget for 2011 and 2012 City Council Meeting of June 4, 2012 (Item No. 4e) Page 2 Subject: Telecommunications Advisory Commission Meeting Minutes of February 29, 2012 Mr. Dunlap reviewed the budget memo in packet and noted that the City budget process is starting for the following year. The memo did not include a 2011 year to date summary, but it could be available at the next meeting. Vice Chair Theobald asked if City Council needed the Commission to do anything? Mr. Dunlap replied no, the budget was provided for information purposes at the request of a Commissioner. The budget is usually put together in June and he can get Commission input then. C. Stop Online Piracy Act (SOPA) background and options Mr. Dunlap reported that both bills were derailed by vast public outcry. Many people feel something needed to be done regarding copyright violations and on-line piracy. The bills will be re-visited at a later date. D. Review survey questions for Fiber optic study Mr. Dunlap said that the business survey has been mailed and they hope for a great response from businesses. He will update the Commission at a future meeting, perhaps in August. Commissioner Browning stated the questions were very well put together and hoped they got good information. Mr. Dunlap indicated the City had done this type of survey before regarding WiFi. E. Grand Stadium review Commissioner Browning stated he didn’t see a need to be concerned with this right now and suggested tabling to next year and they could take another look if needed. Mr. McHugh noted that it should be discussed before the sports season started. Vice Chair Theobald and Commissioner Keeler agreed discussion could be tabled until August because there was not a lot to be gained right now. 7. Unfinished Business - None 8. Reports A. Complaints Commissioner Dworsky asked if the complaint had been resolved about Turner Classic Movies (TCM) channel being moved to a more expensive tier, and the customer not realizing they needed a digital box. Mr. Dunlap said that the Escalation team response was that a credit had been applied to the account and that the customer considered the problem resolved. City Council Meeting of June 4, 2012 (Item No. 4e) Page 3 Subject: Telecommunications Advisory Commission Meeting Minutes of February 29, 2012 Commissioner Dworsky said Comcast uses Email for marketing video on demand (VOD) and other new products. Commissioner Browning said people get so much marketing information, they might miss it and then have to pay more. Commissioner Dworsky hadn’t seen information on Email from them regarding price increases, and suggested Comcast start using Email for price notices. Of the current and new prices listed, the largest increase was on the basic digital package (16%). Commissioner Keeler asked if it was possible to put price increase notices on the St. Louis Park web site? Mr. Dunlap replied that was a good idea. There is a section with channel line-ups and a price list where it could be added. Commissioner Browning noted that the City and Commission don’t have a way to regulate prices and could only have Comcast live up to the franchise agreement. 9. Communication from the Chair - None 10. Communications from City Staff Mr. Dunlap asked for a volunteer to serve on a City Board to evaluate nominees for the Outstanding Citizen Award process, which recognizes volunteers in the community. Mr. McHugh distributed the final summary of Community TV programs in 2011. He and Scott Smith produced 265 programs, and a significant number were school performance events (isd283.tumblr.com, lists performances). He said that Comcast announced prices increases starting 4/1/12 and basic cable is going up 9% and that Comcast is also removing music choice channels. The Commission should consider asking why they were removing channels when there was a price increase. Mr. Dunlap said if Commissioners have questions for Comcast, he is putting together a letter and will include their questions. Commissioner Browning asked to have this put on the next agenda and for Comcast to have a representative invited to the meeting. 11. Adjournment Commissioner Browning made a motion, Commission Hartman seconded to adjourn at 7:45. The motion passed 5-0. Respectfully submitted by: Amy L. Stegora-Peterson Recording Secretary Meeting Date: June 4, 2012 Agenda Item #: 4f OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 18, 2012 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson, Larry Shapiro MEMBERS ABSENT: Claudia Johnston-Madison STAFF PRESENT: 1. Call to Order – Roll Call 2. Approval of Minutes of April 4, 2012 Commissioner Roberts made a motion recommending approval of the minutes of April 4, 2012. Commissioner Morris seconded the motion, and the motion passed on a vote of 6-0. 3. Public Hearings A. Preliminary and Final Plat – Eldridge 4th Addition Location: 4225 Wooddale Avenue South Applicant: Ridge Creek Custom Homes Case No.: 12-09-S Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained that the applicant proposes to reconfigure three previously platted lots into two lots. Mr. Morrison said one of the proposed lots will be on Wooddale Avenue and the other lot will be on Raleigh Avenue. The house on the Wooddale Ave. lot will be demolished and replaced with a new house. A new house will be constructed on the Raleigh Ave. lot. Commissioner Morris said the request looks fine and meets requirements. He said he was curious as to how underutilized lots become identified and developed. Mr. Morrison said in this case the owner put the land on the market. Rob Eldridge, applicant, Ridge Creek Custom Homes, said he had been searching for land. The owner put the land on the market and he purchased it right away. Commissioner Carper asked if the existing house would be moved or if materials would be recycled in any way. Mr. Eldridge said in this case it doesn’t make sense to take the house off of the foundation because the trees would be sacrificed in order to do that. They do intend to salvage building materials as much as possible. City Council Meeting of June 4, 2012 (Item No. 4f) Page 2 Subject: Planning Commission Meeting Minutes of April 18, 2012 Commissioner Kramer opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Robertson stated that the request was very straightforward. He made a motion recommending approval of the Preliminary and Final Plat of Eldridge 4th Addition, subject to conditions included by staff. Commissioner Morris seconded the motion, and the motion passed on a vote of 6-0. B. Conditional Use Permit – SLP High School Stadium Turf Replacement Location: 6525 Lake Street West Applicant: St. Louis Park Public Schools Case No.: 12-13-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. The conditional use permit to export and import approximately 11,000 cubic yards of fill is required for soil corrections prior to installation of artificial turf at the High School football stadium. Commissioner Carper asked how many truckloads would be required. Jay Pomeroy, landscape architect, Anderson Johnson Associates, said the maximum number of truck trips would be 400, but would probably be less. Commissioner Person asked if the elevation would remain the same. Mr. Morrison responded that the elevation will remain the same. The field will be a little flatter. Chair Kramer asked about the origin of the soil being half sand and half fill. Mr. Pomeroy said they were puzzled about that as well. The northeast half of the field is fill and the southwest quadrant is sand. He said very little water will leave the site. It will mostly infiltrate. Commissioner Morris asked how long the project would take. Paul Apilkowski, Wold Architects and Engineers, stated that work would commence approximately June 15th and be completed around August 23rd. Sandy Salin, Director of Business, St. Louis Park Schools, stated the school has received very positive feedback from the neighborhood in regard to the turf installation. Chair Kramer opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Shapiro stated that as a School Board member he would abstain from the vote. City Council Meeting of June 4, 2012 (Item No. 4f) Page 3 Subject: Planning Commission Meeting Minutes of April 18, 2012 Commissioner Morris made a motion recommending approval of the Conditional Use Permit to export and import approximately 11,000 cubic yards of fill, subject to conditions. Commissioner Robertson seconded the motion, and the motion passed on a vote of 5-0-1 (Shapiro abstained). 4. Other Business Meg McMonigal, Planning and Zoning Supervisor, said the May 2nd meeting would be cancelled. 5. Communications 6. Adjournment The meeting was adjourned at 6:20 p.m. A study session followed. STUDY SESSION 1. Miscellaneous Zoning Ordinance Issues Meg McMonigal and Gary Morrison discussed potential zoning ordinance amendments with the Planning Commissioners. Discussed were proposed changes to the fence and parking ordinances and air conditioning exemptions. The Commissioners approved the direction staff was heading with the amendments, and made some recommendations such as allowing a/c units in the front yard as long as they are screened from view, and not requiring parking spaces to be striped when a tenant in the building changes. Staff will continue to work on the draft ordinances and present them to the Planning Commission at a future meeting. Respectfully submitted, Nancy Sells Adm. Secretary Meeting Date: June 4, 2012 Agenda Item #: 8a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Special Meeting Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Special Session Other: TITLE: MN GreenStep Cities Resolution RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the City of St. Louis Park to participate in the Minnesota GreenStep Cities Program. POLICY CONSIDERATION: Is participation in GreenStep Cities a useful action for achieving the City’s strategic direction of being a leader in Environmental Stewardship? BACKGROUND: Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability goals through implementation of best practices. Each best practice can be implemented by completing one or more specific actions from a list of four to eight actions. These actions are tailored to all Minnesota cities; they focus on cost savings and energy use reduction, and encourage innovation. See www.mngreenstep.org for more details. Key milestones in SLP’s participation with GreenStep Cities include: • Development of the GreenStep Cities program began in 2008 when Tom Harmening served on the Advisory Committee that developed the framework for this effort, and city staff served on technical advisory committees. • In 2009 and 2010, SLP participated as one of five pilot cities with the Urban Land Institute’s (ULI) Regional Council of Mayors. ULI assisted the MNPCA in implementing the GreenStep demonstration project. The City’s E Group focused on three best practices the city could pursue under the demonstration pilot. • In 2011, as a subset of the GreenStep Cities demonstration project, SLP’s carbon footprint measurement was calculated and reported to Council in 2011. See attached report from April 11, 2011. St. Louis Park, Falcon Heights and Edina are the only three MN cities that have undertaken this process. When 2010-2011 data is available, updated calculations will be presented to Council. Since the City is currently implementing over 90 of the GreenStep Cities' best practices and activities, full participation in MN GreenStep is a natural next step as the City seeks to be a leader in environmental stewardship. Achieving GreenStep designation will provide recognition for our efforts at being good environmental stewards. FINANCIAL OR BUDGET CONSIDERATION: Participation in GreenStep Cities does not require additional funds; the best practices being pursued are within the City’s budget and part of the way SLP does its business. City Council Meeting of June 4, 2012 (Item No. 8a) Page 2 Subject: MN GreenStep Cities Resolution VISION CONSIDERATION: Participation in MN GreenStep Cities is consistent with the City’s Vision and Strategic Direction that “St. Louis Park is committed to being a leader in environmental stewardship and that we will increase environmental consciousness and responsibility in all areas of city business”. NEXT STEPS: Once the resolution is adopted our proposed activities will be posted at the GreenStep website and SLP will be recognized as a GreenStep City. The GreenStep Resolution is attached. Attachments: Resolution List of Best Practices and Activities Carbon Baseline Report April 2011 Prepared by: Kathy Larsen, Housing Programs Coordinator Jim Vaughan, Environmental Coordinator Approved by: Tom Harmening, City Manager City Council Meeting of June 4, 2012 (Item No. 8a) Page 3 Subject: MN GreenStep Cities Resolution RESOLUTION NO. 12-____ CITY OF ST. LOUIS PARK A RESOLUTION AUTHORIZING THE CITY OF ST. LOUIS PARK TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, uncertainty in energy prices and the transition away from fossil fuel energy sources present new challenges and opportunities to both the City of St. Louis Park and to the economic health of its citizens and businesses; and WHEREAS, local governments have the unique opportunity to achieve both energy use and climate change gas reductions through building and facilities management; land use and transportation planning; environmental management; and through economic and community development; and WHEREAS, a broad coalition of public and private stakeholders including the League of Minnesota Cities, the MPCA, Office of Energy Security and CERTs responded to the 2008 legislation by establishing the Minnesota GreenStep Cities program to provide a series of sustainable development best practices focusing on local government opportunities to reduce energy use and greenhouse gases; and WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices; and WHEREAS, the City Council adopted Vision St. Louis Park and is committed to being a leader in environmental stewardship and will increase environmental consciousness and responsibility in all areas of city business; and WHEREAS, the City’s Vision St. Louis Park will focus in areas of expanding energy efficiencies in the City’s operations; educate staff and the public on environmental consciousness, stewardship and best practices; work with rehab loan programs, development projects to encourage green building design, creation of open space and environmental initiatives, preserve, enhance and provide good stewardship of our parks; and WHEREAS, the City’s Environmental Group (E Group), composed of intradepartmental staff ensures that environmental activities are coordinated with all departments and is actively involved in environmental activities and best practices outlined in the MN GreenStep Cities. NOW, THEREFORE, be it resolved that the City Council of the City of St. Louis Park does hereby authorize the City of St. Louis Park (the “City”) to participate in the Minnesota GreenStep Cities program. Be it further resolved that the City: 1. Appoints Jim Vaughan, St. Louis Park Environmental Coordinator, and Kathy Larsen, Housing Programs Coordinator to serve as the city’s GreenStep co-coordinators to facilitate best practice; and City Council Meeting of June 4, 2012 (Item No. 8a) Page 4 Subject: MN GreenStep Cities Resolution 2. Will facilitate the involvement of community members, civic, business and educational organizations, and other units of government as appropriate in the planning, promoting and implementing of GreenStep Cities best practices; and 3. Will identify a short list of best practices for further development and promotion: • Buildings and Lighting – Promote and implement a Green Building Policy; • Environmental Management – Manage solid waste by increasing waste reduction and recycling at multi-family buildings; • Efficient and Healthy Development Patterns – Adopt Active Living Resolution and develop and adopt Active Living Policy; • Economic and Community Development – Develop Green purchasing guidelines. 4. Will claim credit for having implemented and will implement in total 90 required and optional GreenStep best practices and activities that will result in energy use reduction, economic savings and reduction in the community’s greenhouse gas footprint. A summary of the city’s implementation of best practices will be posted on the Minnesota GreenStep Cities web site. Reviewed for Administration: Adopted by the City Council June 4, 2012 City Manager Mayor Attest: City Clerk 1. Public Buildings X (1) Audit (or when cost-effective, recommission) all city-owned buildings in the bottom third of the B3 energy performance ranking and implement a majority of energy efficiency opportunities that have a payback under 5 years. X (2) Complete energy efficiency improvements in at least one city, school or park district building (in addition to buildings addressed in action 2) via retrofit and retro-/re- commissioning, with financing at attractive interest rates under MN’s PBEEEP program or related lease-purchase financing, energy performance contracting, or other cost-justified program. X (3) Participate in other state or utility programs that provide rebates or co-funding for energy efficiency improvements to public buildings. X (4) Document that the operation, or construction / remodeling, of at least one city-owned building (excluding park buildings) meets or qualifies for a green building standard. 2. Private Buildings X (1) Create a marketing and outreach program with the local utility and/or the local Community Action Program to promote residential energy use reduction and energy efficiency. (2) Take action to conserve drinking water resources through at least one the following: X a. Implement a robust watering ordinance. X b. Implement a conservation rate structure. X c. Adopt, with modifications as necessary, a model landscaping ordinance to allow for low water-use landscaping. X (3) Provide a meaningful and significant incentive to private parties (builders, homeowners, businesses, institutions) who renovate to a green building standard: X a. Green building design assistance X b. Density bonus (4) Customize a model sustainable building renovation policy and adopt language governing commercial renovation projects that: X a. Receive city financial support, and/or 3. New Green Buildings X (3) Customize a model sustainable building policy and adopt language governing new private development projects that: a. Receive city financial support, and/or b. Require city regulatory approval (conditional use permit, rezoning, PUD). (4) Provide a meaningful and significant incentive to private parties (residents, builders, developers) who build to a green building standard: X a. Green building design assistance 4. Outdoor Lighting & Signals MINNESOTA GREENSTEP CITIES BEST PRACTICES and ACTIVITIES CURRENTLY IMPLEMENTED BY SLP Updated 5/3/12 Buildings & Lighting Best Practices City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 5 X (1) Install solar-powered lighting in a street, parking lot or park project. X (2) Work with a utility program to relamp exterior building lighting for at least 30% of city-owned buildings with energy efficient, Dark-Sky compliant lighting. X (3) Replace at least one-third of the city’s traffic signals with energy efficient LED lighting technologies. 5. Building Reuse X (1) Adopt development and design standards that facilitate infill and redevelopment, such as developing strip/large format commercial areas into more livable/walkable neighborhoods and gathering places. 1. Comp Plan X (1) Adopt/have an adopted comprehensive plan that is less than ten years old (required for Category A cities) OR, Category B and C cities may simply adopt a land use plan that was adopted by a regional entity or the county less than ten years ago. X (2) Demonstrate that regulatory ordinances comply with the comprehensive plan including but not limited to having the zoning ordinance explicitly reference the comprehensive plan as the foundational document for decision making. (3) Include ecological/transportation provisions in the comprehensive plan that explicitly aim to achieve all of the following goals: X a. Establish policies with numerical targets to reduce vehicle miles traveled. X (4) Adopt climate protection or energy independence goals and objectives in the comprehensive plan or in a separate policy document, and link these goals to direct implementation recommendations. 2. Higher Density (1) Limit barriers to higher density housing by including in the city zoning ordinance and zoning map a zoning district that allows: X a. Neighborhood single-family density at six units per acre or greater. (2) Encourage higher density housing through at least two of the following strategies: X a. Incorporate a flexible lot size/frontage requirement for infill development. (3) Encourage a higher intensity of commercial land uses through at least one of the following strategies: X a. Include in the city zoning ordinance and zoning map a commercial district with reduced lot sizes and zero-lot-line setbacks, or a FAR minimum between .75 and 1. (4) Provide one or more of the following incentives for infill projects, or for life-cycle housing near job or retail centers, or for achieving an average net residential density of seven units per acre: X a. Other incentives. 3. Mixed Uses (1) Locate or lease a government facility that has at least two of these attributes: X a. Adjacent to an existing employment or residential center. X b. Designed to facilitate and encourage access by walking and biking. X c. Accessible by existing regular transit service. X (2) Modify a planned unit development – PUD - ordinance to emphasize mixed use development or to limit residential PUDs to areas adjacent to commercial development. Land Use Best Practices City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 6 X (3) Certify a new development as complying with LEED-ND standards, including the mixed-use credits. X (4) Create incentives for vertical mixed-use development in appropriate locations (downtown, commercial districts near colleges or universities, historic commercial districts). 4. Highway Development X (1) Conduct a visual preference survey with community members and establish design goals for highway corridors. 5. Conservation Design X (1) Conduct a Natural Resource Inventory and Assessment (NRI and NRA) and incorporate protection of priority natural systems or resources through the subdivision or development process, as described in Minnesota’s 2009 Model Ordinances for Sustainable Development. 1. Complete Green Streets X (1) Document the installation of trees, and other green stormwater infrastructure, and utility renovations as needed (sewer, water, electric, telecommunications) as part of at least one complete street reconstruction project. X (2) Identify and remedy street-trail gaps (at least one) between city streets and trails/bike trails to better facilitate walking and biking. X (3) Implement traffic calming measures in at least one street redevelopment project. 2. Mobility Options (1) Promote walking, biking and transit use by one or more of the following means: X a. Produce/distribute a map(s) and/or signage and/or a web site that shows (by neighborhood if a larger city) key civic/commercial sites, best bike and pedestrian routes, and transit routes and schedules. X b. Increase the number of bike facilities, such as racks, bike stations, showers at city offices. X c. Add bus infrastructure, such as signage, benches, shelters and real-time arrival data streaming.. X d. Launch an Active Living campaign in concert with your local community health board. X (2) Prominently identify on the city’s web site mobility options for hire: transit services; paratransit/Dial-A-Ride; cab service(s); rental car agency(s). (3) Accomplish at least one of the following transit / mobility sharing projects, working with other units of local governments as needed: X a. Add/expand transit service. 3. City Fleets X (1) Right-size the city fleet with the most fuel-efficient vehicles that are of an optimal size/capacity for their intended functions. (2) Document the phase-in of at least three of the following equipment and operational changes in vehicle contracts, for city or local transit fleets, or for school/park board fleets: X a. Monthly monitoring and reporting for staff on fuel usage and costs. X b. Maintenance schedules that optimize vehicle life and fuel efficiency. X c. Alternative fuel vehicles. Transportation Best Practices City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 7 X d. Lower-carbon fuels (such as biodiesel above the State-mandated 5%, straight vegetable oil) using a life-cycle calculation. X (3) Phase in bike, foot or horseback police patrols. X (4) Participate in Project GreenFleet to retrofit or replace diesel engines, or to install auxiliary power units that reduce truck and bus idling. 4. Demand-Side Travel Planning X (1) In development standards, right-size parking minimum standards and add parking maximums in pedestrian-friendly or transit- served areas. X (2) For cities with regular transit service, require or provide incentives for the siting of retail services at transit/density nodes. X (3) For cities with regular transit service, require or provide incentives for the siting of higher density housing at transit/density nodes. (4) Incorporate demand-side transportation strategies into development regulations, adopting, with modifications as necessary, at least one of the following from Minnesota’s 2009 Updated Model Ordinances for Sustainable Development : X a. Travel Demand Management Performance Standard X (5) Document that a development project certifies under the LEED for Neighborhood Development program and is awarded at least one of the following credits: X a. Transportation Demand Management. X b. Housing and Jobs Proximity. 5. Urban Forests X (1) Qualify as a Tree City USA. X (2) Adopt as policy MN Tree Trusts’ Best Practices and use the guidelines in at least one development project to achieve an excellent an exemplary rating. (3) Budget tree installation and maintenance to, within 15 years, achieve the following tree canopy shading for streets, sidewalks and parking lots in the following zoning districts: X a. At least 25% for industrial and commercial zoning. X b. At least 75% for residential zoning. (4) Adopt at least one of the following ordinances/policies: X a. Adopt an ordinance/policy relating to protection of trees on parcels affected by city planning/regulatory processes. X b. Adopt landscaping/nuisance ordinances that promote, rather than create barriers for, native vegetation. 6. Stormwater (1) Adopt by ordinance one or more of the following: X a. A stormwater runoff volume limit to pre-development volumes for the 5-year, 24-hour rainfall maximum event. X (2) Adopt an ordinance with erosion and sediment control provisions as well are requirements for permanent stormwater treatment. 7. Green Infrastructure X (1) Identify gaps (connectivity breaks) in your city’s system of parks, trails and open spaces, and remedy at least one of them. (2) Document at least one of the following performance measures: X a. All residents are within ½ mile of a park or protected green space. X (3) Create park management standards that maximize at least one of the following: X a. Low maintenance native landscaping. X (4) Document that the operation, or construction/remodeling, of at least one park building meets or qualifies for a green building standard, with special attention to highlighting and educating around the green features. City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 8 X (5) Develop a program to involve community members in land restoration and stewardship. 8. Surface Water X (1) Work with other organizations to support citizen education about and involvement with actions to attain measurable, publicly announced surface water improvement targets for lakes, streams and wetlands, adopted by the city council and reported on each year. X (2) Adopt a shoreland ordinance consistent with MN Dept. of Natural Resources rules as modified. 9. Water and Wastewater Facilities X (1) Compare the energy use and performance of your facilities with other peer plants using standardized, free tools. X (2) Plan and budget for motor maintenance and upgrades so as to assure the most energy efficient, durable and appropriate equipment is available when upgrades or break downs occur. X (3) Establish an on-going budget and program for decreasing inflow and infiltration into sewer lines, involving at least gutter, foundation drains and sump pump disconnects. X (4) Assess energy and chemicals use at drinking water facilities and implement one-third of recommendations with a payback of less than 3 years. 10. Solid Waste Reduction (1) Document signing of at least one resource management contract with a waste hauler for one or more of: X a. City government operations. X b. Schools, libraries, parks, or municipal health care facilities. X c. A commercial or industrial business. X (2) Publicize, promote and use the varied businesses collecting and marketing used and repaired consumer goods in the city/county. X (3) Organize residential solid waste collection by private and/or public operations to accomplish multiple benefits. X (4) For cities that provide direct or contract waste collection services, offer volume-based pricing on residential garbage and/or feebates on recycling so that the price differences are large enough to increase recycling/composting but not illegal dumping. 11. Local Air Quality (1) Regulate outdoor wood burning, using model ordinance language, performance standards and bans as appropriate, for at least one of the following: X a. Recreational burning. 1. Benchmarks & Community Engagement X (1) Report progress at least annually to community members on implementation of GreenStep City best practices, including energy/carbon benchmarking data if gathered. 2. Green Business Development X (1) Document steps taken to lower the environmental footprint of a brownfield remediation/redevelopment project. 3. Renewable Energy Economic and Community Development Best Practices City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 9 (1) Consistently promote at least one of the following means of increasing renewable generation: X a. Local, state and federal financial incentives for property owners to install renewable energy systems. 4. Local Food (1) Expand/strengthen or create at least one of the following means of expanding local food access: X a. A farmer’s market. X b. A community or school garden, orchard or forest. (2) Conduct at least one of the following campaigns to measurably increase: X a. Backyard gardening / chickens. 5. Business Synergies (1) Require, build or facilitate at least four of the following in a business/industrial project: X a. Shared parking/access. X b. Buildings located within walking distance of transit and/or residential zoning. X c. Renovated buildings. X d. Green buildings built to exceed the Minnesota energy code. From among all the best practices (1 - 28), the "floating BP" requirement: 90 TOTAL BEST PRACTICES IMPLEMENTED TO BE RECOGNIZED AS A STEP 3 GREENSTEP CITY City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 10 Meeting Date: April 11, 2011 Agenda Item #: 9 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Carbon Baseline Measurement Update RECOMMENDED ACTION: The purpose of this report is to update the Council on the Carbon Baseline Measurement that was recently completed. POLICY CONSIDERATION: This report is informational and no policy consideration is necessary at this time. BACKGROUND: In 2009 the City participated as one of five pilot cities in the Mn Pollution Control Agency’s (MnPCA) GreenStep Cities Demonstration Project. The Urban Land Institute (ULI) under the auspice of the Regional Council of Mayors assisted the MnPCA in implementing the GreenStep Cities demonstration project. At the September 13, 2010 Study Session the Council was presented with the Environmental Activities Update 2008-10. At this session the Council supported the next step in the MN GreenStep Cities demonstration project; measuring the Community’s carbon footprint. Calculating our carbon emissions creates a baseline from which the impact of future efforts to reduce this carbon footprint can be measured. An estimate of the City’s carbon footprint was prepared by the Urban Land Institute’s consultant Rick Carter of LHB. A summary of Rick Carter’s analysis is provided below. The St. Louis Park Community-Wide Carbon Baseline Assessment Methodology This study measured green house emissions as tons of CO2 produced within the city’s boundaries. • First, data was collected from: the utility companies, Met Council, City of St. Louis Park Utilities, Mn Department of Transportation, Mn Pollution Control Agency, Mn Climatology Office, and Hennepin County. • The data included the amounts of solid waste processed (including recycling), water pumped, natural gas and electricity consumed, and vehicle miles traveled for the two year period of 2008 and 2009. • Finally, Clean Air Climate Protection (CACP) software developed by ICLEI –Local Governments for Sustainability, was used to convert the measured amounts of waste, water, gas, electricity and vehicle miles traveled to tons of CO2 produced citywide and per capita. City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 11 Findings Following is a chart which shows the quantities of waste produced, miles traveled and gas and electricity used per St. Louis Park resident per day, along with the corresponding estimated amount of CO2 produced annually. During the two year period an average of 16.1 tons/year of CO2 was produced for each St. Louis Park resident, with a decline from 2008 to 2009 as highlighted. St. Louis Park Community -Wide Carbon Baseline Measurement - 2008 and 2009 2008 2009 Average of 2008-2009 Quantity Person/Day Tons CO2 Produced Annually Quantity Person/Day Tons CO2 Produced Annually Quantity Person/Day Tons CO2 Produced Annually Waste 7.1 pounds 0.23 6.5 pounds 0.21 6.8 pounds 0.22 Vehicle Miles Traveled 1 27 miles 5.6 27 miles 5.6 27 miles 5.6 Electric & Gas kBtu Residential 118 kBtu 3.6 114 kBtu 3.4 116 kBtu 3.5 Electric & Gas kBtu Commercial/Industrial 77 kBtu 7.0 75 kBtu 6.5 76 kBtu 6.8 Annual tons/ person 2 16.5 15.7 16.1 Annual tons/ residential equivalent 3 12.7 12.1 12.4 Total Tons–Citywide 731,186 696,192 713,689 Behind the measurements: 1 Vehicle miles traveled (VMT) is calculated as all cars, trucks, buses and train trips within the city boundaries. This means all cars, buses, etc passing through the city are included as VMT for the citywide carbon measurement. On the flip side, VMT by residents driving outside the city boundaries are not included. 2 The population of St. Louis Park in 2008 was estimated at 44,221, in 2009 at 44,293. 3 The “residential equivalent” population includes residents, as well as workers, movie goers, hotel guests, etc. that come into the city. The residential equivalent population in 2008 was 57,626 and in 2009, 57,511. Notes: • To address the effects of temperature and energy, gas and electric use was normalized for heating and cooling degree days. • Water use was not included in the calculation of CO2 produced since most of the CO2 production related to water use is already included in the energy use measurement. Water use in gallons/day/capita was 124 gallons in 2008, 126gallons in 2009, for an average of 125 gallons per day per resident. • Bike Counts were measured based on actual counts on the bike trail at Belt Line Blvd on given days. In 2008 there were 382 bike trips a day, in 2009, 364 bike trips a day, for an average of 373 bike trips per day. • Although air travel has an impact it was not included due to the difficulty of measuring this for SLP. City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 12 Carbon Produced in St. Louis Park Not surprisingly the use of natural gas and electricity are the major contributors of carbon production as the following charts illustrate. • Natural gas and electricity account for over 63% of SLP’s carbon footprint. • Transportation/travel accounts for over 34% of SLP’s carbon footprint • It is significant to compare the commercial-industrial use of gas and electricity to the residential use. • Two thirds of the carbon produced from energy use is associated with commercial, industrial activity and only a third from residential use. Comparisons of Green House Gas Emissions Per Capita St. Louis Park is lower than the state and national averages and well above the world average for production of CO2 per capita. Reasons for St. Louis Park’s lower production rate: • SLP has virtually no agriculture industry which is a significant producer of CO2. • The study did not include contribution from food consumption within the city. • Since measurements are per capita, denser communities generally have lower CO2 production than more sparsely populated communities. 5 16.1 2020 0 10 20 World US Minnesota St. Louis ParkAnnual Tons of CO2 Produced Per Capita Carbon Produced by Catagory Waste, 1.4% Travel, 34.7% Energy, 63.9% Carbon from Energy Commercial- Industrial, 66.0% Residential, 34.0% City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 13 NEXT STEPS Mr. Carter has been asked by ULI, Regional Council of Mayors to present findings from the cities of Falcon Heights and St. Louis Park at its April 28, 2011 meeting. St. Louis Park, Falcon Heights and Edina are leaders in establishing their citywide carbon footprints. Only a handful of cities have prepared this tool to use for future educational outreach, planning and evaluation. At the April 28th meeting, Mr. Carter will be using the findings from St. Louis Park and Falcon Heights to illustrate the process and benefits of establishing the carbon baseline for cities. Now that a baseline has been documented, the information can • Deepen the understanding of opportunities to save energy and money, mitigate climate change, and manage risk in the face of future green house gas (GHG) emission regulations and oil insecurity. • Assist in promoting public understanding of the cities’ effects on climate change and increasing awareness of activities that can reduce carbon footprints. • Inform subsequent analyses, plans, and policy decisions by the cities and others The E-Group will develop a strategy for sharing this information with the Council and community that will be consumable and actionable and a presentation will be made to Council if so requested. . FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: City of St. Louis Park through Vision St. Louis Park is committed to being a leader in environmental stewardship. The City of St. Louis Park strives to increase environmental consciousness and responsibility in all areas of city business. Development of the carbon baseline assessment will be a valuable tool to assist the City in demonstrating and promoting its environmental stewardship. Attachments: Mr. Carter’s Carbon Baseline Measurement Power Point Report Prepared by: Kathy Larsen, Housing Programs Coordinator Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of June 4, 2012 (Item No. 8a) Subject: MN GreenStep Cities Resolution Page 14 Meeting Date: June 4, 2012 Agenda Item #: 8b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Elie Park Field – Conditional Use Permit for Fill RECOMMENDED ACTION: Motion to Adopt Resolution approving the Conditional Use Permit for fill at Elie Park. POLICY CONSIDERATION: Is the proposed grading and hauling activity consistent with the requirements of the Zoning Ordinance? BACKGROUND: Requested is a Conditional Use Permit (CUP) to import approximately 4,000 cubic yards of fill to Elie Park, located at 3429 Xylon Ave. S., near the intersection of 35th St. W. and Wyoming Ave. S. The fill, required in association with reconstruction of the baseball field within the park, will allow for soil corrections that will improve drainage of the field, making it more playable during a wider variety of weather conditions. Project Background: Elie Park, frequently called “Tower Park” due to the location of a water tower at the park’s northeast corner, has been scheduled for reconstruction for several years. The reconstruction project has been included in the City’s annual budget and Capital Improvements Plan. Changes are needed within the park to improve its drainage, which will make it more usable for residents. At the present time, the poor drainage results in regular challenges for park users due to standing water and a water-logged playing surface. The project is budgeted for 2012 construction; to allow for summer construction, the Parks and Recreation Department held a neighborhood meeting with nearby residents on March 22nd. The meeting was held at the Rec Center, where the project consultants presented the modifications that would be completed. The proposed changes include gates in a fence around the baseball field, to allow for resident access into the space, a new scoreboard, and netting to prevent foul balls from entering adjacent properties. A water line will be extended to the field, so that it may be irrigated when necessary. Because of the water line extension, Parks and Rec Staff also plans to install a drinking fountain within the park. The Planning Commission reviewed the item on May 16th, 2012, held a public hearing, and recommended approval. Location: Elie Park is located in the Aqulia neighborhood at the intersection of Wyoming Ave. S. and 35th St. W. The park’s address in county records is actually 3429 Xylon Ave. S., although Xylon does not extend south through the park. The park extends between 34th and 35th Streets; the field reconstruction will take place in the areas closest to 35th Street. City Council Meeting of June 4, 2012 (Item No. 8b) Page 2 Subject: Elie Park Field – Conditional Use Permit for Fill CUP and Zoning Analysis: The CUP would allow for reconstruction of the baseball field at Elie Park. The park activities on the site are a permitted use under the Zoning Ordinance. The site is zoned POS - Parks and Open Space. The CUP requirements for excavation and fill include an analysis of the following criteria: • Haul Route & Material Type • Hours of Operation • Other related issues Haul Route and Material Type: A map of the haul route is attached; it will generally follow 34 ½ St. W. and Texas Ave. S. Trucks will then proceed to their destination via the state highway system, starting at Highway 7 and then to Highway 169 or Highway 100 through St. Louis Park. The hauling will be completed by typical short-box dump trucks; the material imported to the site will include sandy, well-drained soils that will improve the drainage of the field. Hours of Operation & Hauling Duration: Dump trucks will be hauling material over a two-week period, likely starting in early July. Approximately 400 truck loads are needed to haul 4,000 cubic yards. Spread over the course of the two-week period, this will amount to roughly 40 trucks entering and exiting the site per day. The additional truck traffic will not have a negative impact on the flow of traffic along Texas Ave. S. The proposed hours of operation are 7:00 AM to 7:00 PM on weekdays and 9:00 AM to 7:00 PM on weekends. The Parks and Rec Department intends to require that the contractor not begin work before 8:00 AM on weekdays, although some construction preparation may occur between 7:00 AM and 8:00 AM. No weekend work is expected with this project. Erosion Control: An erosion control permit will be required. The Parks and Recreation Department has already begun the process to collaborate with the Public Works Department to ensure that appropriate erosion control practices are in place during construction. An erosion control permit will be required from the City and the Minnehaha Creek Watershed District prior to starting the project. Stormwater: The proposed changes to the park do not include the addition of any impervious surfaces. However, the Parks and Recreation Department has been collaborating with the Minnehaha Creek Watershed District and the City’s Utilities Division to review stormwater practices in the area. The Utilities Division is assessing the existing storm sewer infrastructure, and will be monitoring whether any changes are warranted in this part of the City. The Parks and Recreation Department has also included landscaping in the project budget, which will improve the overall site aesthetic and will enhance the natural environment of this part of the City. One resident expressed concerns about stormwater drainage from the site onto his property during the Planning Commission public hearing. Questions included how stormwater would flow from the new field and how the proposed stormwater improvements would change the City Council Meeting of June 4, 2012 (Item No. 8b) Page 3 Subject: Elie Park Field – Conditional Use Permit for Fill surrounding topography. The City’s Utilities Division intends to collaborate with the resident during construction to ensure that all concerns about stormwater flow around the site are addressed. Process As noted, Park and Recreation Staff held a neighborhood meeting on March 22nd to review the proposed changes to the park. Residents were supportive of the proposed changes. A public hearing is required for all CUPs. All property owners within 350 feet of the park were notified by mail. The Planning Commission held a public hearing to consider the item on May 16th, 2012. There was one resident in attendance. The resident spoke in favor of the project during the Planning Commission public hearing. He had questions regarding stormwater, summarized above. Draft minutes from the Planning Commission meeting are attached for review. Summary: The proposed Conditional Use Permit to import approximately 4,000 cubic yards of fill to Elie Park to allow for reconstruction of the baseball field meets the conditions set forth in the Zoning Ordinance. Staff and the Planning Commission recommend approval of the CUP. If approved, the Parks and Recreation Department anticipates that construction at Elie Park would begin in June 2012. FINANCIAL OR BUDGET CONSIDERATION: There is no financial impact related to consideration of the Conditional Use Permit. The City Council has previously approved funding for the Elie Park reconstruction. VISION CONSIDERATION: Approval of this Conditional Use Permit is consistent with the City’s Vision for creating strong neighborhoods with community gathering places. Attachments: Resolution of Approval Draft Minutes – May 16th, 2012 Planning Commission Meeting Site Plan Survey of Elie Park Haul Route Map Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of June 4, 2012 (Item No. 8b) Page 4 Subject: Elie Park Field – Conditional Use Permit for Fill RESOLUTION NO. 12-____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE IMPORTING OF MORE THAN 400 CUBIC YARDS OF FILL FOR PROPERTY ZONED POS – PARKS AND OPEN SPACE LOCATED AT 3429 XYLON AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of importing more than 400 cubic yards of fill within a POS – Parks and Open Space District located at 3429 Xylon Avenue South for the legal description as follows, to-wit: The SW 1/4 of the NW 1/4 of the NE 1/4 of the SE ¼, Excluding roads, of Section 18, Township 117, Range 21 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12-14-CUP) and the effect of the proposed importing of fill on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the importing of fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed importing of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 12-14-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit the importing of more than 400 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Official Exhibits, incorporated by reference herein. 2. The haul route shall be 34th ½ Street West, Wyoming Avenue South, 35th Street West, Texas Avenue South, and State Trunk Highway 7. City Council Meeting of June 4, 2012 (Item No. 8b) Page 5 Subject: Elie Park Field – Conditional Use Permit for Fill 3. Hauling may occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 7:00 p.m. on the weekend and holidays. 4. All contractors are required to comply with state and local dust and noise ordinances. 5. All necessary permits shall be obtained. 6. Loud equipment shall be kept as far as possible from residences at all times. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Approval is subject to issuance of any required Building Permits, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council June 4, 2012 City Manager Mayor Attest: City Clerk City Council Meeting of June 4, 2012 (Item No. 8b) Page 6 Subject: Elie Park Field – Conditional Use Permit for Fill UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA MAY 16, 2012 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person (arrived 6:10 p.m.), Larry Shapiro MEMBERS ABSENT: Carl Robertson STAFF PRESENT: Adam Fulton, Meg McMonigal, Rick Beane, Rick Beane, Rick Birno *************************************************** 3. Public Hearings A. Conditional Use Permit – Elie Park Location: 35th St. W. and Wyoming Ave. S. Applicant: City of St. Louis Park Case No.: 12-14-CUP Adam Fulton, Planner, presented the staff report. He said proposed changes to the park include modifications to the gates, addition of a scoreboard and netting, and addition of a drinking fountain. The Conditional Use Permit for fill is required for soil corrections to improve drainage on the field which will allow the field to be more usable for residents. Mr. Fulton discussed the haul route for the excavation and fill. It is estimated there will be approximately 400 truckloads of imported soil brought to and from the site. Chair Kramer opened the public hearing. Duane Enger, 3425 Yukon Ave. S., lives adjacent to the western portion of the park. He stated that he strongly supported the plan. He said it will be an excellent improvement to the neighborhood. He commended Mr. Beane for his involvement with the neighborhood regarding the plans. He said he is concerned about the impact to his property in the overall plan and how the drainage is going to flow. He said he’s concerned as there is an existing seasonal wetland that occupies 1/3 of his yard currently. He stated that he has a great backyard. As he sees the flow plan it seems that everything is generally designed to flow to the southeast. He said there is existing drainage that already flows to the northwest. He’s curious how that is being calculated and the impact or improvements to that specific drainage easement. He stated that he is concerned about how the city’s plans will impact his property and the pretty unique seasonal wetland he has in his backyard. Rick Beane, Parks Superintendent, said staff met on the site with the Utility Superintendent. He said the area Mr. Enger referred to is a lowland area, a great portion of which is City property. He commented that the Utility Dept. does plan on enhancing City Council Meeting of June 4, 2012 (Item No. 8b) Page 7 Subject: Elie Park Field – Conditional Use Permit for Fill and changing the storm line through the whole park. The Utility Superintendent will be looking at the drainage and the potential for improvements. Mr. Beane said he believes as it will be a large grass area, sheets of water won’t be coming through. The drainage will be improved and some of the water will be pushed south to the catch basin. Commissioner Morris asked if the ball field would be unavailable for this season’s use. Mr. Beane responded that the ball field would not be available for this baseball season. Mr. Beane said he’s still getting bids on the project and the schedule proposed is to begin mid-June with seeding to begin the third week of August. The infield area will be sodded and the outfield will be seeded. He said Rick Birno, Recreation Superintendent, and staff have scheduled other facilities for use this summer. Chair Kramer asked Mr. Enger if he was satisfied with the answers provided. Mr. Enger responded that he was satisfied with the remarks made about his concerns. Chair Kramer closed the public hearing as there was no one else present wishing to speak. Commissioner Morris made a motion recommending approval of the Conditional Use Permit subject to conditions. Commissioner Shapiro seconded the motion, and the motion passed on a vote of 5-0. City Council Meeting of June 4, 2012 (Item No. 8b) Subject: Elie Park Field – Conditional Use Permit for Fill Page 8 City Council Meeting of June 4, 2012 (Item No. 8b) Subject: Elie Park Field – Conditional Use Permit for Fill Page 9 City Council Meeting of June 4, 2012 (Item No. 8b) Subject: Elie Park Field – Conditional Use Permit for Fill Page 10