HomeMy WebLinkAbout2011/02/22 - ADMIN - Agenda Packets - City Council - RegularAGENDA
FEBRUARY 22, 2011
(Councilmember Mavity out)
6:15 p.m. Boards and Commission Interview – Westwood Room
6:30 p.m. SPECIAL STUDY SESSION – Council Chambers
Discussion Items
1. 6:30 p.m. Update on Voluntary Parking Restrictions
2. 6:45 p.m. City Council Records/Minutes
Written Reports
3. Highway 7 / Louisiana Avenue Interchange Project Update
7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers
1. Call to Order
2. Roll Call
3. Approval of Minutes
3a. Economic Development Authority Minutes January 18, 2011
4. Approval of Agenda
5. Reports
5a. Economic Development Authority Vendor Claims
6. Old Business
7. New Business
7a. Issuance of Two TIF Revenue Notes Totaling $1,450,000 - Ellipse on Excelsior Project.
Recommended Action: Motion to adopt EDA resolution awarding the sale of, and
providing the form, terms, covenants, and directions for the issuance of its Tax
Increment Revenue Notes to Ellipse on Excelsior LLC totaling $1,450,000.
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
3. Approval of Minutes
3a. Study Session Minutes January 24, 2011
3b. Special Study Session Minutes February 7, 2011
3c. City Council Minutes February 7, 2011
Meeting of February 22, 2011
Special Study Session, Economic Development Authority and 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 to approve items on the consent calendar.
(Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to
regular agenda for discussion and to approve those items remaining on the consent calendar.)
5. Boards and Commissions -- None
6. Public Hearings
6a. Public Hearing to Consider Allocation of 2011 Grant Year Community Development
Block Grant (CDBG) Funds.
Recommended Action: Mayor to close the public hearing. Motion to Adopt Resolution
approving proposed use of 2011 Urban Hennepin County Community Development
Block Grant Program Funds and authorizing execution of Subrecipient Agreement with
Hennepin County and any Third Party Agreements.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. 2011 Liquor License Renewal - Toby Keith’s I Love This Bar and Grill.
Recommended Action: Motion to adopt Resolution approving Liquor License Renewal
for Toby Keith’s I Love This Bar and Grill for the license year term of March 1, 2011
through March 1, 2012 with the condition that the licensee will be put on a probationary
status for 6 months and continue to undertake steps to meet liquor license compliance
requirements, and provide a second report of food and liquor sales by September 15,
2011.
8b. Gambling Premises Permit for Plymouth Lions Club
Recommended Action: Motion to adopt Resolution approving issuance of a premises
permit for lawful gambling to be conducted by Plymouth Lions Club at Toby Keith’s I
Love This Bar & Grill located at 1623 Park Place Boulevard in St. Louis Park.
8c. Operating Agreement with St. Louis Park Convention and Visitors Bureau
Recommended Action: Motion to approve the proposed Operating Agreement between
the City of St. Louis Park and the St. Louis Park Convention and Visitors Bureau.
8d. Resolution Approving 2011 International Union of Operating Engineers (IUOE) Local
#49 Labor Agreement.
Recommended Action: Motion to adopt Resolution approving a Labor Agreement
between the City and the IUOE Local #49, establishing terms and conditions of
employment for one year, from 1/1/11 – 12/31/11.
9. Communication
Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call
the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting.
Meeting of February 22, 2011
Special Study Session, Economic Development Authority and City Council Agenda
4. CONSENT CALENDAR
4a. Execute a 2011 contract with Uppercut Tree Service, Inc. for the removal of diseased trees
on private property in an amount not to exceed $97,422.00
4b. Execute a contract with Precision Landscape & Tree, Inc. for the 2011 Boulevard Tree and
Stump Removal Program in an amount not to exceed $83,657.00
4c. Adopt a Resolution authorizing the execution of a grant agreement with the State of
Minnesota Board of Water and Soil Resources
4d. Adopt a Resolution requesting a variance from Minnesota Rules for State Aid Operations
Chapter 8820 for Municipal State Aid Project No. 163-318-001 (W. 44th Street from
Brookside Terrace to France Avenue)
4e. Approve a Temporary On-Sale Intoxicating Liquor License for Most Holy Trinity Catholic
Parish located at 4017 Utica Avenue South for a Fish Fry Event to be held on Friday,
March 18, 2011
4f. Approve for Filing Fire Civil Service Commission Minutes July 14, 2010
4g. Approve for Filing Planning Commission Minutes December 15, 2010
4h. Approve for Filing Planning Commission Minutes February 2, 2011
4i. Approve for Filing of Vendor Claims
St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV
cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed
live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays
on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17.
The agenda and full packet are available by noon on Friday on the city’s website.
Meeting Date: February 22, 2011
Agenda Item #: 1
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other: Contract
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other: SPECIAL
TITLE:
Update on Voluntary Parking Restrictions.
RECOMMENDED ACTION:
No formal action required. Staff request feedback from the City Council on the success of the
implementation of the voluntary parking restrictions.
POLICY CONSIDERATION:
Does the City Council want staff to employ a different approach for insuring on-street parking
does not unduly inhibit traffic and especially public safety services?
BACKGROUND:
In some parts of the community city streets have became quite narrow due to the heavy snow fall
received. Due to concerns primarily related to public safety City staff has utilized a number of
measures over the last couple of weeks to request residents in the community to park on the odd
side of the street on a voluntary basis.
The City Code does allow the City Manager to implement formal/official no parking restrictions
on streets if conditions are such that public safety or snow plowing equipment are blocked from
passing down streets due to on-street parking. By instituting such an approach tickets and tows
can then be implemented to correct non-compliance. Due to various reasons this approach was
not used and rather a request was made to the community for voluntary compliance. The reports
I have received from Public Safety staff have indicated that overall this approach has been met
with noticeable success. In addition, the warm weather we have received of late has helped to
mitigate the severity of the narrowness of our streets to a certain extent.
The Fire Chief and Police Chief will be in attendance at the study session to discuss this matter
with the City Council.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
Not applicable.
Attachments: None
Prepared by: Tom Harmening, City Manager
Meeting Date: February 22, 2011
Agenda Item #: 2
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: SPECIAL
TITLE:
City Council Records/Minutes.
RECOMMENDED ACTION:
Minutes are required as part of official business. City Attorney Tom Scott will provide
information on legal requirements of Council meeting minutes and records.
POLICY CONSIDERATION:
Does Council need any additional information on City Council minutes?
Does the Council wish to change the approach for how meeting minutes are written for study
sessions or regular city council meetings?
BACKGROUND:
The Office of the Minnesota State Auditor has provided a summary of requirements for meeting
minutes as follows:
“Minnesota law requires all public authorities and political entities to “make and preserve all
records necessary to a full and accurate knowledge of their official activities.”
Minutes may be defined as a record of the “proceedings” of a governing body. Minnesota law
defines the term “proceedings” (and, therefore, the contents of the record or minutes of the
“proceedings”) to include at minimum:
• The subject matter of a motion;
• The persons making and seconding a motion;
• The roll call vote on a motion;
• The character of resolutions or ordinances offered, including a brief description of
their subject matter; and
• Whether the motion was defeated or adopted.
Similarly, Minnesota’s “Open Meeting” law requires that minutes include the individual votes of
each member of the governing body on any action, including each appropriation of money other
than “payments of judgments, claims, and amounts fixed by statute.”
Beyond these statutory requirements, the decision regarding how elaborate or extensive the
minutes should be is within a governing body’s discretion. The amount of detail which is
appropriate for inclusion in the minutes is likely to vary, depending on the nature of the
proceedings and the subject matter involved. The minutes need not record the discussions of the
members and others, or information relating to the process by which a decision is made.
Moreover, the minutes should not be cluttered with unnecessary detail that could hamper efforts
to review or otherwise use the minutes at a later date.”
Special Study Session Meeting of February 22, 2011 (Item No. 2) Page 2
Subject: City Council Records/Minutes
Tom Scott, City Attorney will be available at the study session to discuss minutes and records.
Nancy Stroth, City Clerk will also be available for questions.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable
VISION CONSIDERATION:
Council meeting minutes are a valuable example and record of the continued commitment of St.
Louis Park being a connected, engaged community and leader in environmental stewardship.
Attachment: State Auditor Meeting Minutes Statement of Position
Prepared by: Nancy Stroth, City Clerk
Reviewed by: Tom Scott, City Attorney
Approved by: Tom Harmening, City Manager
Special Study Session Meeting of February 22, 2011 (Item No. 2)
Subject: City Council Records/Minutes Page 3
Special Study Session Meeting of February 22, 2011 (Item No. 2)
Subject: City Council Records/Minutes Page 4
Special Study Session Meeting of February 22, 2011 (Item No. 2)
Subject: City Council Records/Minutes Page 5
Meeting Date: February 22, 2011
Agenda Item #: 3
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: SPECIAL
TITLE:
Highway 7 / Louisiana Avenue Interchange Project Update.
RECOMMENDED ACTION:
The purpose of this report is to update the Council on the recent planning and project
development activities related to this project – Project No. 20120100. In particular, the report
provides information on the conclusion of Phase 3 activities (Preliminary Design and
Environmental Assessment) and information on proceeding into Phase 4 activities (Final Detail
Design).
POLICY CONSIDERATION:
None at this time. Staff intention is to provide this information now to help facilitate Council
discussion on this project and Phase 4 activities and project funding at its March 12 workshop.
Please let staff know of any questions or comments that you might have at this time.
BACKGROUND:
History
The City’s Capital Improvement Program (C.I.P.) indentifies the Highway 7/Louisiana Avenue
intersection as a priority improvement project. The proposed project will provide for the
construction of a grade-separated interchange at Louisiana Avenue and Highway 7. The project
also includes pedestrian and bicycle friendly improvements along with re-configuration of the
frontage roads in order to improve access, safety, and traffic flow for both the Highway 7
corridor and Louisiana Avenue. This proposed improvement is essential in meeting long term
transportation and safety needs of both Mn/DOT and the City.
Phase 3 Activities
Work is continuing on Phase 3 activities, Preliminary Design and Environmental Assessment. A
geometric layout of the preferred interchange concept has been completed and is undergoing
agency review and approval by Mn/DOT. A geometric layout is essentially a design of the
roadway alignment for all segments of the proposed interchange. The geometric layout must
meet all the design standards of Mn/DOT and FHWA. Approval of the layout is anticipated by
late February or early March 2011.
A draft Environmental Assessment (EA) is also undergoing agency review by Mn/DOT and the
Federal Highway Agency (FHWA). The EA is anticipated to be published in mid-April and
made available for public comment. Final acceptance of the EA is anticipated by or before
August 1, 2011. No significant environmental concerns have been identified with this project.
Part of the EA process includes a traffic noise study. Results from the final evaluation have
determined that existing and future levels exceed state and federal noise standards in areas along
the northwest quadrant of the Highway 7/Louisiana Interchange Project area. As a result, the
project is required to consider noise mitigation measures such as noise walls along this stretch.
Special Study Session Meeting of February 22, 2011 (Item No. 3) Page 2
Subject: Highway 7 / Louisiana Avenue Interchange Project Update
Staff has started a public process to inform the nearby residents and property owners of the noise
analysis and to solicit feedback on noise mitigation measures. Surveys will be made to
determine whether or not there is support for constructing noise walls as part of the project.
Proposed Phase 4 Activities
Phase 4 activities are generally described as Final Design and Plan Preparation. The activities
include detailed engineering work to complete plans and specifications needed for bidding. The
following is a list of tasks associated with this phase of the project:
Project Management
Public Involvement
Survey Work
Geotechnical Analysis
Drainage Design
Wetland Permitting
Roadway Design
Bridge Design
Lighting
Aesthetic Design and Landscape Architecture.
Right-of-Way acquisition activities will be conducted during, but are not included in SEH Phase
4 activities. Right-of-Way acquisition activities, as needed, will be contracted for separately
during Phase 4.
The estimated cost for SEH Phase 4 activities is $958,600. Should Council approve Phase 4
activities, the professional services costs with SEH would then be estimated as follows:
Original Contract (Phase 1 & 2 work) $ 306,548
Amendment No. 1 (Phase 3 work) $ 350,000
Amendment No. 2 (Additional Phase 3 work) $ 185,000
Total professional services approved to date $ 841,548
Phase 4 estimate $ 958,600
Total $ 1,800,148
Should the City Undertake Phase 4 Activities?
At this time staff is recommending that Council give serious consideration to moving forward
with the Phase 4 activities. By completing Phase 4 work, the project will be in a stronger
position to secure additional Federal or State funds should they become available. By not
proceeding with Phase 4 activities it will be a certainty that the allocated federal dollars will no
longer be available for this project.
Staff has identified the following pros and cons for moving forward into Phase 4:
Pros for completing Phase 4 work
Keeps project on schedule so that federal funds secured so far ($7,630,000) can be
utilized. Mn/DOT-Met Council requires all final project plans, documents, and right-of-
way activities to be concluded and submitted for Mn/DOT approval and Federal
authorization by the sunset date of March 31, 2012.
Special Study Session Meeting of February 22, 2011 (Item No. 3) Page 3
Subject: Highway 7 / Louisiana Avenue Interchange Project Update
Keeps project on schedule so that state funds secured so far ($594,000) can be utilized.
The Mn/DOT Cooperative Agreement requires that this project be let (bids opened) by
June 30, 2012.
Places the City in a better position to compete for additional federal or state funding that
may become available.
Allows for the rehabilitation and upgrading of the regional sanitary waste interceptor line
that runs through the project area.
Allows area property owners to understand the impacts the project will have on their
property and permit them to plan accordingly.
Allows area redevelopment to occur in a timely, orderly manner consistent with this
eventual improvement.
Allows for LRT station area planning expected to begin in the near future.
Cons for completing Phase 4 work
Additional upfront costs carried by the City and the risk that remaining project funding
cannot be obtained..
Project Schedule
The work to this point has been proceeding to allow for construction of the project to begin in the
summer of 2012. Phase 4 services will need to commence prior to completion of the Phase 3
services in order to meet the 2012 construction start. A critical date that influences the project
schedule is the sunset date on the $7.63 million of federal funding already secured by the city.
Our commitment to accepting the federal monies is to deliver a project with plans completed and
approved by Mn/DOT prior to the March 31, 2012 sunset date. To meet this schedule, Phase 4
work needs to begin no later than early April, 2010.
A schedule summary is as follows:
March, 2011 – Geometric Layout Approved (Phase 3 activity)
April, 2011 – Begin Final Design (Phase 4 activity)
August, 2011 – EA completed and approved (concludes Phase 3 activities)
September - December 2011 – Right-of-Way Acquisition Process
January 2012 – Condemnation Initiated (only if needed)
January – March 2012 – Construction Plan Review/Revisions/Approval (Phase 4 activity)
March 31, 2012 – Federal Funding Sunset Date
May, 2012 – Advertise for Bids
June, 2012 – Open Bids
July, 2010 – Award Contract and Begin Construction
Council can chose to slow down or to stop work on this project at any point or time.
FINANCIAL OR BUDGET CONSIDERATION:
Funding Sources and Opportunities
$7,630,000 in federal funds has been secured through the Met Council’s State Transportation
Program Urban Grant solicitation. $594,000 has been secured through the Mn/DOT Municipal
Agreement Program. Mn/DOT has also committed $1,000,000 in Access Management Funds
towards the project.
Special Study Session Meeting of February 22, 2011 (Item No. 3) Page 4
Subject: Highway 7 / Louisiana Avenue Interchange Project Update
The estimated project costs and funding sources known at this time are:
Project Costs
Construction $16,500,000
Engineering $ 2,820,000
Right of Way $ 2,680,000
Total Costs $22,000,000
Funding Sources
Federal (STP) Funds $7,630,000
City (20% match – undetermined source) $2,398,000
Mn/DOT Access Management $1,000,000
Mn/DOT Cooperative Agreement $ 594,000
Total Committed Funds $11,622,000
Unfunded Amount $10,378,000
Current funding for Phases 1, 2 and 3 is coming from HRA levy proceeds which have been
designated to pay for infrastructure improvements in redeveloping areas. HRA levy proceeds are
expected to be the source of funding for Phase 4 activities as well. A funding source for the
City’s required match noted above or other possible city costs has not yet been determined.
VISION CONSIDERATION:
The following Strategic Direction and focus area has been identified by Council.
St. Louis Park is committed to being a connected and engaged community.
Focus will be on:
Promoting regional transportation issues and related dedicated funding
sources affecting St. Louis Park including but not limited to Hwy. 100 and
SWLRT.
Attachments: None
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
Meeting Date: February 22, 2011
Agenda Item #: 3a
UNOFFICIAL MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
ST. LOUIS PARK, MINNESOTA
JANUARY 18, 2011
1. Call to Order
President Finkelstein called the meeting to order at 7:20 p.m.
Commissioners present: President Phil Finkelstein, Jeff Jacobs, Anne Mavity, Paul Omodt, and
Sue Santa.
Commissioners absent: Commissioners Julia Ross and Susan Sanger.
Staff present: Deputy Executive Director (Ms. Gohman), Director of Community Development
(Mr. Locke), Economic Development Coordinator (Mr. Hunt), and Recording Secretary (Ms.
Hughes).
2. Roll Call
3. Approval of Minutes
3a. Economic Development Authority Minutes of December 20, 2010
The minutes were approved as presented.
3b. Economic Development Authority Minutes of January 3, 2011
The minutes were approved as presented.
4. Approval of Agenda
The agenda was approved as presented.
5. Reports – None
6. Old Business - None
7. New Business
7a. Contract for Private Development between the EDA and CKJ Properties,
LLC EDA Resolution No. 11-01
Mr. Hunt presented the staff report and stated that Mr. Curt Rahman acquired the former
Bikemasters property located at 3540 Dakota Avenue South after the building went into
foreclosure. He advised that Mr. Rahman intends to renovate the property and re-lease it
to several retail and office tenants. He indicated that Mr. Rahman has submitted an
application for Construction Assistance Program (CAP) funds related to renovation of the
building and all pre-sale code deficiencies have been satisfactorily addressed. He
EDA Meeting of February 22, 2011 (Item No. 3a) Page 2
Subject: Economic Development Authority Meeting Minutes of January 18, 2011
explained that renovation will include new windows, doors, energy efficient HVAC
equipment, dock doors, downspouts, as well as interior and exterior painting; the total
estimated cost to renovate the building is approximately $210,000 and CKJ has applied
for up to $70,000 in construction assistance. He stated that the construction assistance is
proposed to be used for the replacement of the current inefficient HVAC system. He
advised that the source of the CAP funds is cash balances within eight of the City’s tax
increment districts which would be disbursed from the City’s Development Fund.
Reimbursement will be made upon proof of qualified renovation costs and will be
reimbursed as a forgivable loan secured by a personal guarantee provided that the
building is held by CKJ Properties for five years after project completion. He stated that
the current assessed value of the property is $725,000 and upon renovation, the building’s
value is expected to be $1.2 to $1.3 million by 2012. He added that the proposed repair
and renovation work would result in several temporary construction jobs and additional
jobs would be created from future tenants. He pointed out that the CAP assistance does
not constitute a business subsidy within the meaning of the Business Subsidy Act.
Commissioner Mavity expressed her support for the project and stated that the $70,000 in
CAP assistance will leverage up to $400,000 in increased value for the community as
well as creating additional jobs.
President Finkelstein stated that this redevelopment is being done pursuant to the City’s
Construction Assistance Program, which is still available to other businesses as long as
their project starts before July 2011.
Mr. Hunt stated that pursuant to legislative authority, cities are allowed to provide this
type of assistance provided the construction work begins prior to July 1 of this year and
all receipts for that work are submitted prior to the end of the year. He encouraged any
business interested in the CAP program to complete an application for consideration by
the EDA.
It was moved by Commissioner Mavity, seconded by Commissioner Jacobs, to adopt
EDA Resolution No. 11-01 Approving a Contract for Private Redevelopment with and a
Construction Assistance Program Loan to CKJ Properties, LLC, and Providing the
Form, Terms, Covenants and Directions for such Loan.
The motion passed 5-0 (Commissioners Ross and Sanger absent).
8. Communications - None
9. Adjournment
The meeting adjourned at 7:28 p.m.
______________________________________ ______________________________________
Secretary President
Meeting Date: February 22, 2011
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:
Vendor Claims.
RECOMMENDED ACTION:
Motion to accept for filing Vendor Claims for the period December 30, 2010 through February
11, 2011.
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: Vendor Claims
Prepared by: Connie Neubeck, Account Clerk
2/15/2011CITY OF ST LOUIS PARK 13:51:27R55CKSUM LOG23000VO
1Page -Council Check Summary
2/11/2011 -12/30/2010
Vendor AmountBusiness Unit Object
11,264.707015 WALKER-REYNOLDS WELD PROP OTHER CONTRACTUAL SERVICESAMEC GEOMATRIX INC
11,264.70
19,581.17DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESANDERSEN, NORMAN
19,581.17
448.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSAPA
448.00
94,695.84AQUILA COMMONS G & A DEVELOPER TAX INCREMNT PYMTAQUILA SENIOR LLC
94,695.84
61,233.12WOLFE LAKE COMMERCIAL TIF G&A DEVELOPER TAX INCREMNT PYMTBELT LINE PROPERTIES INC
61,233.12
450.00HOIGAARD 2010B DEBT SERV G&A FISCAL AGENT FEESBOND TRUST SERVICES CORP
450.00
225.00DEVELOPMENT - EDA G&A TRAININGCITIZENS INDEPENDENT BANK
225.00
170,098.70CSM TIF DIST G&A DEVELOPER TAX INCREMNT PYMTCSM CORPORATION
170,098.70
32,678.52EDGEWOOD TIF DIST G & A DEVELOPER TAX INCREMNT PYMTEDGEWOOD INVESTORS LLC
32,678.52
10,807.50HARD COAT OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC
6,059.64WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICES
65.57WEST END TIF DIST G&A SEMINARS/CONFERENCES/PRESENTAT
407.18ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES
65.57ELLIPSE ON EXC TIF DIST G&A SEMINARS/CONFERENCES/PRESENTAT
407.14TRUNK HWY 7 G&A OTHER CONTRACTUAL SERVICES
65.57TRUNK HWY 7 G&A SEMINARS/CONFERENCES/PRESENTAT
1,309.64HSTI G&A OTHER CONTRACTUAL SERVICES
65.57HSTI G&A SEMINARS/CONFERENCES/PRESENTAT
407.14VICTORIA PONDS G&A OTHER CONTRACTUAL SERVICES
65.57VICTORIA PONDS G&A SEMINARS/CONFERENCES/PRESENTAT
692.14PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES
65.57PARK CENTER HOUSING G&A SEMINARS/CONFERENCES/PRESENTAT
840.58CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES
65.57CSM TIF DIST G&A SEMINARS/CONFERENCES/PRESENTAT
EDA Meeting of February 22, 2011 (Item No. 5a)
Subject: Vendor Claims Page 2
2/15/2011CITY OF ST LOUIS PARK 13:51:27R55CKSUM LOG23000VO
2Page -Council Check Summary
2/11/2011 -12/30/2010
Vendor AmountBusiness Unit Object
142.50DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES
840.58MILL CITY G&A OTHER CONTRACTUAL SERVICES
65.57MILL CITY G&A SEMINARS/CONFERENCES/PRESENTAT
840.58PARK COMMONS G&A OTHER CONTRACTUAL SERVICES
65.57PARK COMMONS G&A SEMINARS/CONFERENCES/PRESENTAT
840.58EDGEWOOD TIF DIST G & A OTHER CONTRACTUAL SERVICES
65.57EDGEWOOD TIF DIST G & A SEMINARS/CONFERENCES/PRESENTAT
407.14ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES
65.57ELMWOOD VILLAGE G & A SEMINARS/CONFERENCES/PRESENTAT
840.58WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES
65.57WOLFE LAKE COMMERCIAL TIF G&A SEMINARS/CONFERENCES/PRESENTAT
840.58AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES
65.59AQUILA COMMONS G & A SEMINARS/CONFERENCES/PRESENTAT
765.92HOIGAARD VILLAGE G & A OTHER CONTRACTUAL SERVICES
840.58HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES
65.57HWY 7 BUSINESS CENTER G & A SEMINARS/CONFERENCES/PRESENTAT
28,208.00
116,208.11PARK COMMONS G&A DEVELOPER TAX INCREMNT PYMTEXCELSIOR & GRAND LLC
116,208.11
10,000.00HRA LEVY G&A LEGAL SERVICESFRANZEN & ASSOCIATES LLC
10,000.00
564,906.94PARK COMMONS G&A DEVELOPER TAX INCREMNT PYMTGOTTMAR LLC
564,906.94
1,621.69WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY TREASURER
1,621.64ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES
2,652.88TRUNK HWY 7 G&A TAX INCREMENTS
1,621.69TRUNK HWY 7 G&A OTHER CONTRACTUAL SERVICES
1,621.69HSTI G&A OTHER CONTRACTUAL SERVICES
1,621.69VICTORIA PONDS G&A OTHER CONTRACTUAL SERVICES
1,621.69PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES
1,621.69CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES
1,621.69MILL CITY G&A OTHER CONTRACTUAL SERVICES
1,621.69PARK COMMONS G&A OTHER CONTRACTUAL SERVICES
1,621.69EDGEWOOD TIF DIST G & A OTHER CONTRACTUAL SERVICES
1,621.69ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES
1,621.69WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES
1,621.69AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES
1,621.69HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES
EDA Meeting of February 22, 2011 (Item No. 5a)
Subject: Vendor Claims Page 3
2/15/2011CITY OF ST LOUIS PARK 13:51:27R55CKSUM LOG23000VO
3Page -Council Check Summary
2/11/2011 -12/30/2010
Vendor AmountBusiness Unit Object
25,356.49
75,158.02HWY 7 BUSINESS CENTER G & A DEVELOPER TAX INCREMNT PYMTHIGHWAY 7 BUSINESS CENTER LLC
75,158.02
3,634.75DEVELOPMENT - EDA G&A PLANNINGHOISINGTON KOEGLER GROUP INC
3,634.75
4,140.00HARD COAT LEGAL SERVICESKENNEDY & GRAVEN
3,267.717015 WALKER-REYNOLDS WELD PROP LEGAL SERVICES
1,170.00HSTI G&A LEGAL SERVICES
1.22DEVELOPMENT - EDA G&A LEGAL SERVICES
8,578.93
6,000.00HRA LEVY G&A LEGAL SERVICESLOCKRIDGE GRINDAL NAUEN PLLP
6,000.00
25,580.09DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESMARTIN & PITZ ASSOC, INC
25,580.09
95.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS ST PAUL BUSINESS J
95.00
1,800.007015 WALKER-REYNOLDS WELD PROP OTHER CONTRACTUAL SERVICESMINNESOTA POLLUTION CONTROL AG
1,800.00
225.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSMNCAR EXCHANGE
225.00
109,695.00MILL CITY G&A DEVELOPER TAX INCREMNT PYMTMSP REAL ESTATE INC.
109,695.00
210.57DEVELOPMENT - EDA G&A TELEPHONENEXTEL COMMUNICATIONS
210.57
6.99DEVELOPMENT - EDA G&A OFFICE SUPPLIESOFFICE DEPOT
6.99
24,448.63DEVELOPMENT - EDA G&A PLANNINGSEH
24,448.63
6,350.70DEVELOPMENT - EDA G&A PLANNINGSRF CONSULTING GROUP INC
EDA Meeting of February 22, 2011 (Item No. 5a)
Subject: Vendor Claims Page 4
2/15/2011CITY OF ST LOUIS PARK 13:51:27R55CKSUM LOG23000VO
4Page -Council Check Summary
2/11/2011 -12/30/2010
Vendor AmountBusiness Unit Object
6,350.70
75,799.00VICTORIA PONDS G&A DEVELOPER TAX INCREMNT PYMTSVK DEVELOPMENT INC.
75,799.00
Report Totals 1,472,937.27
EDA Meeting of February 22, 2011 (Item No. 5a)
Subject: Vendor Claims Page 5
Meeting Date: February 22, 2011
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:
Issuance of Two TIF Revenue Notes Totaling $1,450,000 - Ellipse on Excelsior Project.
RECOMMENDED ACTION:
Motion to Adopt an EDA Resolution awarding the sale of, and providing the form, terms,
covenants, and directions for the issuance of its Tax Increment Revenue Notes to Ellipse on
Excelsior LLC totaling $1,450,000.
POLICY CONSIDERATION:
Does the EDA find that the conditions required for the issuance of the proposed TIF Notes
related to the Ellipse on Excelsior project have been met?
BACKGROUND:
On February 2, 2009, the EDA entered into a Redevelopment Contract with Ellipse on Excelsior
LLC (Bader Development and “Redeveloper”) in which the Redeveloper committed to acquire 9
parcels on the northwest corner of Excelsior Boulevard and France Avenue, (consisting of a
combined 2.23 acres), remove the existing structures, remediate the contaminated soils, and
prepare the area for redevelopment. In their place, the Redeveloper agreed to make utility
improvements and construct a five-story, mixed use building. The proposed Ellipse on Excelsior
project was to consist of 132 residential apartments and 16,394 square feet of ground floor
commercial space, along with underground and surface parking as well as a corner plaza. A
Certificate of Completion was issued for the project on January 19, 2011. To date, over 90% of
the apartment units and 100% of the commercial space have been leased.
In order to make development of the project financially feasible, the EDA agreed in the
Redevelopment Contract to reimburse the Redeveloper for the cost of demolition, site preparation,
underground structured parking, and utility and street work including streetscaping costs
(collectively referred to as “Public Redevelopment Costs”), as well as environmental remediation
costs (the “Environmental Costs”) related to the Redevelopment Property up to a maximum of
$1,450,000.
To reimburse the Public Redevelopment Costs incurred by Redeveloper, the EDA agreed to issue to
the Redeveloper a “Series A Note” in the maximum principal amount of $1,230,000. To reimburse
Environmental Costs incurred by Redeveloper, the EDA agreed to issue the Redeveloper a “Series
B Note” in the maximum principal amount of $220,000. The pledge of available tax increment to
payment on the Series B Note is to be subordinate to the pledge of available tax increment on the
Series A Note.
The Contract states that the Notes will be issued when the Redeveloper has submitted to the
EDA, and the EDA certifies, the required Public Redevelopment Costs actually incurred by the
Redeveloper. Staff has reviewed the Public Redevelopment Costs submitted by the Redeveloper
and has verified that the Redeveloper has incurred more than sufficient certified Public
Redevelopment Costs within the project to warrant the issuance of $1,450,000 in TIF revenue
EDA Meeting of February 22, 2011 (Item No. 7a) Page 2
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
Notes. Given that the Redeveloper has met this and other required conditions for the issuance of
the Notes the EDA is being asked to formally approve the issuance of the Notes.
The proposed Series A and B Notes will be issued in the maximum principal amount of $1,230,000
and $220,000 respectively and will be secured by available tax increment generated from the
improved properties. The Notes will be “pay-as-you-go” which is the desired financing method
under the city's TIF Policy. The Notes will bear interest at a rate of 6%, and will have a term of
approximately 13 years. Consistent with the City’s TIF Policy, Fiscal Disparities would be taken
from inside the district. A 5% administrative fee will be charged to the district which is the
EDA’s typical rate. To secure the Notes, the Redeveloper signed a Minimum Assessment
Agreement which indicates that the minimum market value of the project shall be $17.6 million
as of January 2, 2012.
The EDA acknowledges that the Redeveloper may assign the Series A Note and/or the Series B
Note to third parties. The EDA consents to such an assignment, conditioned upon receipt of an
investment letter from such third parties in a form reasonably acceptable to the EDA.
The Redeveloper acknowledged in the Redevelopment Contract that the EDA makes no
representations or warranties regarding the amount of Tax Increment, or that revenues pledged to
the Notes will be sufficient to pay the principal and interest on the Notes.
FINANCIAL OR BUDGET CONSIDERATION:
The EDA is being asked to authorize the issuance of a pay-as-you-go TIF Note in the maximum
principal amount of $1,230,000 and a second pay-as-you-go TIF Note in the maximum principal
amount of $220,000. Both Notes are secured by available tax increment generated from the Ellipse
on Excelsior redevelopment. The issuance of the TIF revenue notes will not require any cash
payments from the EDA or City. All costs associated with the Note issuance (Kennedy &
Graven and Ehlers) are paid from gross proceeds of the tax increment.
VISION CONSIDERATION:
This project supports the strategic direction of being a connected and engaged community and
the focus area of creating community gathering places.
Attachments: Resolution of Approval including Draft TIF Notes for Ellipse on Excelsior
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 February 22, 2011 (Item No. 7a) Page 3
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
AUTHORIZING RESOLUTION
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 11-_____
RESOLUTION AWARDING THE SALE OF, AND PROVIDING
THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR
THE ISSUANCE OF ITS TAX INCREMENT REVENUE NOTES TO
ELLIPSE ON EXCELSIOR LLC.
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 Sale.
1.01. Authorization. The Authority and the City of St. Louis Park have heretofore
approved the establishment of its Ellipse on Excelsior Tax Increment Financing District (the "TIF
District") within Redevelopment Project No. 1 ("Project"), and have adopted a tax increment
financing plan for the purpose of financing certain improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and
sell its bonds for the purpose of financing a portion of the public development costs of the Project.
Such bonds are payable from all or any portion of revenues derived from the TIF District and
pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best
interests of the Authority that it issue and sell its Tax Increment Revenue Notes, Series 2011A and
Series 2011B (the "Notes"), for the purpose of financing certain public redevelopment costs and
environmental remediation costs of the Project.
1.02. Issuance, Sale, and Terms of the Notes. (a) The Authority hereby authorizes the
President and Executive Director to issue the Notes in accordance with the Contract for Private
Redevelopment dated as of February 2, 2009, between the Authority and Ellipse on Excelsior
LLC, as amended (the “Agreement”), approved by the Authority on February 2, 2009. All
capitalized terms in this resolution have the meaning provided in the Agreement unless the context
requires otherwise.
(b) The Notes shall be issued in the aggregate principal amount of $1,450,000 to Ellipse on
Excelsior LLC (the "Owner") in consideration of certain eligible costs incurred by the Owner under
the Agreement, shall be dated the date of delivery thereof, and shall bear interest at the rate of 6.0%
from the date of issue per annum to the earlier of maturity or prepayment. The Notes will be issued
in two series: (i) Series 2011A (hereafter the “Series 2011A Note”), issued in the principal amount
of Public Redevelopment Costs submitted and approved in accordance with Section 3.4 of the
Agreement; and (ii) Series 2011B (hereafter the “Series 2011B Note”), issued in the principal
amount of Environmental Costs submitted and approved in accordance with Section 3.4 of the
Agreement. The Notes are secured by Available Tax Increment, as further described in the form of
the Notes herein. The Authority hereby delegates to the Executive Director the determination of the
EDA Meeting of February 22, 2011 (Item No. 7a) Page 4
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
date on which the Notes are to be delivered, in accordance with the Agreement. Each series of the
Notes may be issued in the denominations described in Section 3.4 of the Agreement, provided that
the principal amount of the Series 2011A Note is subject to later adjustment in accordance with
Section 3.5 of the Agreement, as further described in the form of the Notes herein.
Section 2. Form of Notes. The Notes shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount adjusted as of the date of issue:
EDA Meeting of February 22, 2011 (Item No. 7a) Page 5
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
No. R-1 $_____________
TAX INCREMENT REVENUE NOTE
SERIES 2011
Date
Rate of Original Issue
6.0%
The St. Louis Park Economic Development Authority (“Authority”) for value received,
certifies that it is indebted and hereby promises to pay to Ellipse on Excelsior LLC or registered
assigns (the "Owner"), the principal sum of $__________ and to pay interest thereon at the rate of
6.0% per annum, solely from the sources and to the extent set forth herein. Capitalized terms shall
have the meanings provided in the Contract for Private Redevelopment between the Authority and
the Owner, dated as of February 2, 2009 (the "Agreement"), unless the context requires otherwise.
1. Payments. Principal and interest ("Payments") shall be paid on August 1, 2011 and
each February 1 and August 1 thereafter to and including August 1, 2021 ("Payment Dates") in the
amounts [set forth in Exhibit A hereto] and from the sources set forth in Section 3 herein. Payments
shall be applied first to accrued interest, and then to unpaid principal. Interest shall accrue from the
date of issue.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the Authority. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal,
commencing on the date of original issue. Interest shall be computed on the basis of a year of 360
days consisting of twelve 30-day months and charged for actual days principal is unpaid.
[Series 2011A Note: Insert the following]
3. Available Tax Increment. (a) Payments on this Note are payable on each Payment
Date solely from and in the amount of Available Tax Increment, which shall mean 95% of the Tax
Increment attributable to the Minimum Improvements and Redevelopment Property that is paid to
the Authority by Hennepin County in the six months preceding each Payment Date on the Note.
(b) The Authority shall have no obligation to pay principal of and interest on this Note on
each Payment Date from any source other than Available Tax Increment and the failure of the
Authority to pay scheduled Payments on any Payment Date shall not constitute a default hereunder
as long as the Authority pays principal and interest hereon to the extent of Available Tax Increment.
EDA Meeting of February 22, 2011 (Item No. 7a) Page 6
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
If on any Payment Date the Available Tax Increment is insufficient to make the Payment due on
that date, the deficiency will be deferred and paid, without interest thereon, to the extent possible on
any subsequent Payment Date on which the Authority has Available Tax Increment in excess of the
Payment due on such date. The Authority shall have no obligation to pay unpaid balance of
principal or accrued interest that may remain after the final Payment on August 1, 2021.
[Series 2011B Note: Insert the following:]
3. Available Tax Increment. (a) Payments on this Note are payable on each Payment
Date solely from and in the amount of Available Tax Increment, which shall mean 95% of the Tax
Increment attributable to the Minimum Improvements and Redevelopment Property that is paid to
the Authority by Hennepin County in the six months preceding each Payment Date on the Note and
remains on hand after payment or provision for payment on such Payment Date of the principal and
interest then due on the Authority’s Tax Increment Revenue Note, Series 2011A dated
______________, 2011 (“Series 2011A Note”).
(b) The pledge of Available Tax Increment hereunder is subordinate to the pledge of
Available Tax Increment to the Series 2011A Note as and to the extent described in this section.
The Authority shall have no obligation to pay principal of and interest on this Note on each Payment
Date from any source other than Available Tax Increment and the failure of the Authority to pay
principal and interest on this Note on any Payment Date shall not constitute a default hereunder as
long as the Authority pays principal and interest hereon to the extent of Available Tax Increment.
The Authority shall have no obligation to pay unpaid balance of principal or accrued interest that
may remain after the final Payment on August 1, 2021.
4. Default. If on any Payment Date there has occurred and is continuing any Event of
Default under the Agreement, the Authority may withhold from payments hereunder under all
Available Tax Increment. If the Event of Default is thereafter cured in accordance with the
Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid,
without interest thereon, within 30 days after the Event of Default is cured. If the Event of Default
is not cured in a timely manner, the Authority may terminate this Note by written notice to the
Owner in accordance with the Agreement.
5. Prepayment. [(a)] The principal sum and all accrued interest payable under this
Note is prepayable in whole or in part at any time by the Authority without premium or penalty. No
partial prepayment shall affect the amount or timing of any other regular Payment otherwise
required to be made under this Note.
[Series 2011A Note, insert the following:]
(b) Upon receipt by Redeveloper of the Authority’s written statement of the
Participation Amount as described in Section 3.5 of the Agreement, fifty percent of such
Participation Amount will be deemed to constitute, and will be applied to, prepayment of the
principal amount of this Note. Such deemed prepayment is effective as of the date of delivery of
such statement to the Owner, and will be recorded by the Registrar in its records for the Note. The
Authority will thereupon deliver to the Owner a replacement Note in the principal amount of the
outstanding principal balance of the Note after application of the deemed prepayment under this
paragraph, and a revised payment schedule reamortizing such outstanding principal balance over the
remaining term of this Note.
EDA Meeting of February 22, 2011 (Item No. 7a) Page 7
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$_________________, issued to aid in financing certain public redevelopment costs and
administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes,
Sections 469.001 through 469.047, and is issued pursuant to an authorizing resolution (the
"Resolution") duly adopted by the Authority on February 22, 2011, and pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes,
Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the Authority which
is payable solely from Available Tax Increment pledged to the payment hereof under the
Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation
of the State of Minnesota or any political subdivision thereof, including, without limitation, the
Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on this Note or other costs incident hereto except out of Available
Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or
any political subdivision thereof is pledged to the payment of the principal of or interest on this Note
or other costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth therein,
this Note is transferable upon the books of the Authority kept for that purpose at the principal office
of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly
authorized in writing, upon surrender of this Note together with a written instrument of transfer
satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the
payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority
with respect to such transfer or exchange, there will be issued in the name of the transferee a new
Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same dates.
Except as otherwise provided in Section 3.4(d) of the Agreement, this Note shall not be
transferred to any person or entity, unless the Authority has provided written consent to such
transfer and the Authority has been provided with an opinion of counsel or a certificate of the
transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and
prospectus delivery requirements of federal and applicable state securities laws.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be
performed in order to make this Note a valid and binding limited obligation of the Authority
according to its terms, have been done, do exist, have happened, and have been performed in due
form, time and manner as so required.
IN WITNESS WHEREOF, the Board of Commissioners of the St. Louis Park Economic
Development Authority have caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
Executive Director President
EDA Meeting of February 22, 2011 (Item No. 7a) Page 8
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register of
the City Finance Director, in the name of the person last listed below.
Date of Signature of
Registration Registered Owner____ City Finance Director
Ellipse on Excelsior LLC
Federal Tax I.D. No. _____________
EDA Meeting of February 22, 2011 (Item No. 7a) Page 9
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
Exhibit A
Scheduled Payments
Payment Date Principal Interest Total Payment
August 1, 2011
February 1, 2012
August 1, 2012
February 1, 2013
August 1, 2013
February 1, 2014
August 1, 2014
February 1, 2015
August 1, 2015
February 1, 2016
August 1, 2016
February 1, 2017
August 1, 2017
February 1, 2018
August 1, 2018
February 1, 2019
August 1, 2019
February 1, 2020
August 1, 2020
February 1, 2021
August 1, 2021*
*Maturity
EDA Meeting of February 22, 2011 (Item No. 7a) Page 10
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. The Notes shall be issued as single typewritten notes
numbered R-1.
The Notes shall be issuable only in fully registered form. Principal of and interest on the
Notes shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Principal of and interest on the Notes shall be
payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the
month preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The Authority hereby appoints the City Controller to perform the
functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration
and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the Registrar
shall provide for the registration of ownership of the Notes and the registration of transfers and
exchanges of the Notes.
(b) Transfer of Notes. Upon surrender for transfer of a Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of a like aggregate principal amount
and maturity, as requested by the transferor. Notwithstanding the foregoing, the Notes shall not be
transferred to any person other than an affiliate, or other related entity, of the Owner unless the
Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form
satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws. The Registrar may close the books for
registration of any transfer after the fifteenth day of the month preceding each Payment Date and
until such Payment Date.
(c) Cancellation. A Note surrendered upon any transfer shall be promptly cancelled by
the Registrar and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When a Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on
such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no
liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name the Notes are at any time registered in the bond register as the absolute owner of the
Notes, whether the Notes shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Notes and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order shall be valid and
effectual to satisfy and discharge the liability of the Authority upon such Notes to the extent of the
sum or sums so paid.
EDA Meeting of February 22, 2011 (Item No. 7a) Page 11
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
(f) Taxes, Fees and Charges. For every transfer or exchange of the Notes, the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee,
or other governmental charge required to be paid with respect to such transfer or exchange.
(g) Mutilated, Lost, Stolen or Destroyed Notes. In case any Note shall become
mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount,
maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated
Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of
the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the
Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such
Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in
which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to
the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the
Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for
redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to
payment.
3.04. Preparation and Delivery. The Notes shall be prepared under the direction of the
Executive Director and shall be executed on behalf of the Authority by the signatures of its
President and Executive Director. In case any officer whose signature shall appear on the Notes
shall cease to be such officer before the delivery of the Notes, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.
When the Notes have been so executed, it shall be delivered by the Executive Director to the Owner
thereof in accordance with the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest
on the Notes all Available Tax Increment as defined in the Notes. The pledge of Available Tax
Increment to the Series 2011B Note is subordinate to the pledge of Available Tax Increment to
the Series 2011A Note as and to the extent described in the form of Note set forth in Section 2 of
this resolution.
Available Tax Increment shall be applied to payment of the principal of and interest on the Notes in
accordance with the terms of the form of Note.
4.02. Bond Fund. Until the date the Notes are no longer outstanding and no principal
thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains
unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose
other than the payment of the principal of and interest on the Notes. The Bond Fund shall contain a
Series 2011A Note subaccount and a Series 2011B Note subaccount. The Authority irrevocably
agrees to appropriate to the Series 2011A Note subaccount of the Bond Fund on or before each
Payment Date the Available Tax Increment in an amount equal to the Payment then due, or the
actual Available Tax Increment, whichever is less. The Authority irrevocably agrees to appropriate
to the Series 2011B Note subaccount of the Bond Fund any actual Available Tax Increment in
excess of the Available Tax Increment required to pay the Payment then due. Any Available Tax
Increment remaining in either subaccount of the Bond Fund shall be transferred to the Authority's
account for the TIF District upon the termination of the Notes in accordance with their terms.
EDA Meeting of February 22, 2011 (Item No. 7a) Page 12
Subject: Issuance of Two TIF Revenue Notes Totaling $1.45 Million - Ellipse on Excelsior Project
4.03. Additional Obligations. The Authority may apply or pledge Available Tax
Increment in excess of the amount needed to make Payments due on the Series 2011A Note on
each Payment Date and to fully pay the Series 2011B Note, to any other obligations (including
without limitation any interfund loan). Any such pledge or expenditure is subordinate to the
Notes, including the requirement to pay any accumulated deficiency in meeting scheduled
Payments on the Series 2011A Note.
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and
directed to prepare and furnish to the Owner of the Notes certified copies of all proceedings and
records of the Authority, and such other affidavits, certificates, and information as may be required
to show the facts relating to the legality and marketability of the Notes as the same appear from the
books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed
representations of the Authority as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon approval.
Reviewed for Administration: Adopted by the Economic Development
Authority February 22, 2011
Executive Director President
Attest
Secretary
Meeting Date: February 22, 2011
Agenda Item #: 3a
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
JANUARY 24, 2011
The meeting convened at 7:56 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia
Ross, Susan Sanger, and Sue Santa.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Director of Inspections
(Mr. Hoffman), Director of Public Works (Mr. Rardin), Planning/Zoning Supervisor (Ms.
McMonigal), Communications Coordinator (Mr. Zwilling), Organizational Development
Coordinator (Ms. Gothberg), Housing Program Coordinator (Ms. Larsen), and Recording
Secretary (Ms. Hughes).
Guests: Ryan Coddington and April Crockett (Mn/DOT).
1. Future Study Session Agenda Planning – February 7 and February 14, 2011
Mr. Harmening presented the proposed special study session agenda for February 7th and the
proposed study session agenda for February 14th. He asked if the Council would like to include a
discussion regarding the Nestlé plant closure at a future study session.
Mayor Jacobs stated that Nestlé is a major employer in the City and the plant closing may give
rise to a similar process undertaken with the Elmwood study.
Councilmember Finkelstein suggested that staff provide a written report to Council that includes
a discussion of both the positive and negative impacts, as well as long range plans for the site
and opportunities presented by the plant closing.
Councilmember Sanger stated that she felt a study session was necessary whenever it fits into
Council’s schedule regarding what happens with the land. She indicated that the plant closing
will have an impact on the City’s water rates, as well as significant traffic implications
depending on what happens with Highway 100 and Mn/DOT’s desire to close exits on Highway
100.
Mr. Harmening indicated that staff has requested information from Nestlé regarding its plans for
the property and agreed to provide further information to Council for discussion.
Councilmember Mavity asked if the Housing Authority and Planning Commission are preparing
work plans for 2011 and whether those plans will be made available to Council in the near
future.
Councilmember Mavity requested clarification regarding the February 14th freight rail discussion
and Mr. McKenzie’s analysis of the viability of the three remaining alternative routes under
consideration. She questioned the definition of viability and whether this includes engineering
viability and/or safety viability.
City Council Meeting of February 22, 2011 (Item 3a) Page 2
Subject: Study Session Minutes of January 24, 2011
Councilmember Finkelstein stated that he would like Mr. McKenzie to evaluate all the
information from the County and provide an opinion as to whether he feels comfortable with the
County’s numbers and information.
Mr. Harmening stated that staff will be meeting with the County tomorrow regarding cost
estimates. He advised that staff is working to provide Council with its own assessment of the
work done by the County and Mr. McKenzie will provide an analysis of his reasoning on why
some of the options were not deemed viable, e.g., Chaska. He added that the February 14th study
session will include an in-depth discussion regarding the three alternatives under consideration
and whether there are viable alternatives to the MNS route for TCW traffic.
Councilmember Finkelstein requested that Mr. McKenzie also discuss the railroad’s position in
this matter as well as the role of the City.
Councilmember Sanger stated this goes back to the earlier question of who makes what decisions
and it would be helpful to have a decision tree.
2. Vision St. Louis Park Community Check-in
Ms. Gothberg and Ms. Larsen presented the staff report and proposed plans for a Vision St.
Louis Park Community Check-in. She explained the use of a World Café discussion, a
facilitation technique utilizing a note taker and which encourages participants to have a
conversation regarding Vision. She stated that staff will then take the information from the
discussion, analyze it, and provide it to Council as a viable community report.
Councilmember Finkelstein expressed concern about making sure the information from this
meeting represents an accurate reflection of the entire community.
Ms. Gothberg stated that staff is working with Mr. Zwilling’s group regarding publicity and
invitations, including the City’s website, cable channel, the Perspective and Sun Sailor. She
added that the City’s website will also include a place for people to comment.
Councilmember Sanger that she would like to see other ways for people to participate beyond
attending the community meeting to ensure that all residents have an opportunity to comment.
Councilmember Ross suggested having surveys available at Lenox and/or having a call-in
number for residents.
Mr. Harmening agreed that staff will work on finding other ways to obtain resident input apart
from the two scheduled sessions on May 3rd.
Councilmember Santa suggested that staff give consideration to holding a session at Lenox
and/or other locations throughout the City.
Councilmember Sanger requested further information regarding Council’s role in this process.
City Council Meeting of February 22, 2011 (Item 3a) Page 3
Subject: Study Session Minutes of January 24, 2011
Ms. Gothberg stated that this one-time gathering is intended to check-in with residents and come
back to Council with the results of the meeting. She suggested that Council attend the meetings
and act as table hosts.
Councilmember Sanger indicated the importance of Councilmembers attending the meeting and
being part of the agenda.
Councilmember Finkelstein agreed with Councilmember Santa’s suggestion regarding additional
meetings throughout the City, as well as Councilmember Sanger’s suggestion regarding Council
attendance at the meeting, however, he did not feel that the Council should act as table hosts
because the Council will be making decisions on the meeting outcomes.
Councilmember Mavity stated that it would be helpful to have a written document that outlines
some of the activities and results.
It was the consensus of the City Council to direct staff to proceed with the Vision St. Louis Park
Community Check-in on May 3, 2011.
3. Bidding and Construction/Project Management
Mr. Harmening presented the staff report.
Councilmember Mavity requested further information with respect to limiting the City’s liability
and exposure and maintaining control over the process. She also requested further information
regarding best value bidding and how that relates to the lowest responsible bidder in terms of
what the City can and cannot do. She added that the League is currently working on a legislative
initiative that will change the law as it relates to design build, and requested information
regarding how design build would impact the City’s work.
Mr. Scott discussed the standard process for awarding bids which includes preparation of a
standard set of specifications to allow the City to make an apples to apples comparison, bids are
then accepted and negotiation is not allowed, and the City then selects the lowest bidder; if the
lowest bidder is qualified to do the work, staff will make a recommendation to Council regarding
selection of the lowest responsible bidder. He advised that the City may have certain projects
requiring specialized qualifications and the City can develop some pre-bid qualifications that are
built into the specifications for the contract. He added that most City contracts are relatively
routine and it is difficult to disqualify someone as not being qualified. He then discussed best
value bidding and stated that it is not used by cities, is limited in scope and limited to certain
types of projects, and cannot be used for general construction types of projects. He added that
the City has reviewed the concept of best value bidding and determined that there is not a lot of
benefit to it along with significant drawbacks.
Councilmember Sanger stated that the City does not currently have an alternative dispute
resolution clause in its contracts and suggested that the City start including a mediation clause in
its contracts, perhaps only for projects over a certain dollar amount. She added that this might
provide the parties with a better understanding as well as a better result following a contract
dispute and is significantly cheaper than litigation or arbitration.
City Council Meeting of February 22, 2011 (Item 3a) Page 4
Subject: Study Session Minutes of January 24, 2011
Mr. Scott stated that mediation is always the first step in dispute resolution, whether or not a
mediation clause is contained in the contract.
Council discussed the Highway 7/Wooddale project and the change orders resulting from
difficulties encountered with the utility companies on this project.
Councilmember Sanger asked how the City can have better control over the change order process
in order to avoid surprises.
Councilmember Finkelstein requested that Council receive quarterly reports or some sort of
regular reporting on major projects. He also suggested that when a dispute arises during the
performance of a contract, mediation should be mandatory within a specified time, e.g., thirty
days.
Mr. Scott advised that legitimate change orders are commonplace due to a number of factors,
such as a legitimate unknown condition or in some cases, the City may ask for a change in the
scope of the work. He discussed the City’s franchise agreements with the utility companies and
stated that if it becomes necessary to move utilities during a project, the franchise agreements
state that the utilities are to be moved at the utility’s cost. He advised that the utility company
does not have any liability if it does not move the utility, but the law supports the City such that
if the utility company does not move its utility, the City is not responsible to the contractor
because the City has no control over the utility company.
Councilmember Sanger suggested that standard language be put into the City’s contracts stating
that the City is making no representations or warranties with regard to the actions of utility
companies. She also suggested that contract language be added that states any request for
change orders initiated by a contractor must be accompanied by substantiating documentation of
the need and why it was unforeseen.
Mr. Scott indicated that documentation is already required pursuant to the City’s change order
process.
Councilmember Mavity stated that she would like further information regarding best value
bidding to see if it gives the City any more flexibility. She also requested that the City keep the
design build option in mind for future projects, and noted that design build projects start with an
agreed upon budget with no change orders.
Mr. Scott agreed to provide Council with further information regarding best value bidding.
Councilmember Ross asked how smaller minority/women-owned businesses compete on City
projects vis-à-vis selecting the lowest responsible bidder. She also asked if the City ever uses a
system similar to the State’s weighting system for bids that awards bids not just based on the
lowest bid but that looks at other factors, e.g., Veterans.
Mr. Rardin stated that the City does not have projects utilizing set asides or percentages and
these are typically projects aimed at Federal or State dollars; the State and Federal governments
have Labor Compliance Divisions that analyze their projects and typically they still award
contracts to the lowest responsible bidder. He added that the City does not bundle its projects to
eliminate bidders; the City has a lot of small projects and it works hard to make projects
available so any contractors can bid on the work.
City Council Meeting of February 22, 2011 (Item 3a) Page 5
Subject: Study Session Minutes of January 24, 2011
Councilmember Sanger suggested adding language in the City’s contracts that asks contractors,
as part of their bid, to identify their plan for subcontracting to smaller, minority or women-
owned businesses and have them include that information in their bids.
4. Highway 100 Project Update
Mr. Rardin presented the staff report and introduced April Crockett and Ryan Coddington, traffic
engineers with Mn/DOT. He stated that Mn/DOT has developed four concepts in response to the
recent rescoping efforts for Highway 100. He indicated that Mn/DOT would like to select a
preferred alternative soon in order to move the project ahead, and Mn/DOT has identified
Concept B as the option having the most merit; Mn/DOT also feels Concept C would be
acceptable. He advised that Mn/DOT must obtain the City’s approval of the preferred alternative
through the municipal consent process.
Mr. Coddington provided a brief overview of Concept B and Concept C, noting that the biggest
difference between B and C is the two-way frontage road between Highway 7 and Minnetonka
Boulevard. He stated that by consolidating access, congestion on Highway 100 will be eased.
He noted that Concept B does not provide direct access from Minnetonka Boulevard to Highway
100 southbound. He discussed the lane widths and stated that there will be some 11’ lanes in the
curves from 28th Street to 26th Street, which will minimize right-of-way impacts. He also
discussed the 27th Street exit, noting that Concept B provides for this exit to remain and Concept
C provides for the closure of the 27th Street exit.
Councilmember Sanger expressed concern that the closure of the 27th Street exit represents a
considerable problem for the Birchwood neighborhood because traffic will funnel through the
Birchwood neighborhood and increase traffic. She added that an overriding goal for the project
is to make it easy for people to get onto the freeway and to avoid cutting through the
neighborhoods.
Councilmember Finkelstein expressed considerable frustration with the length of time it has
taken for this project to be completed by Mn/DOT. He stated that the best alternative appears to
be Concept D but this concept is not acceptable to Mn/DOT or the County.
Ms Crockett noted that all four concepts are still on the table for consideration.
Mr. Coddington stated that Mn/DOT is ultimately trying to meet the goals for the project with
the budget it has; Concepts B, C, and D call for replacing the bridges and helping traffic flow
better in the area.
Councilmember Omodt acknowledged the Council’s frustration with this project and requested
that the Council provide input on its preference for any of the concepts. He stated that he does
not have a preference for either Concept B or Concept C.
Councilmember Sanger asked if any of the proposed concepts will take any or all of the houses
on Toledo Avenue.
Mr. Coddington stated that the goal is to not take any of the houses, but Mn/DOT will not know
until it has construction limits. He added that Mn/DOT does not anticipate a total take of these
properties and stated that the bigger issue is the noise wall.
City Council Meeting of February 22, 2011 (Item 3a) Page 6
Subject: Study Session Minutes of January 24, 2011
Councilmember Sanger indicated that these homeowners have been held hostage for 12 years
because they cannot sell their homes or put money into maintaining their homes because of the
uncertainty surrounding this project. She stated that she needs to know whether Mn/DOT will
take these homes before she can say whether she likes Concept B or C. She added that she does
not want to see Mn/DOT take one house, and then leave the next two houses, and then take the
next house. She added that the overwhelming preference from residents is either a noise wall or
a berm and she requested that Mn/DOT factor in this preference when planning for space needs.
Mayor Jacobs expressed concern about traffic backing up onto City streets in either Concept B or
Concept C. He stated that it will be critical to minimize traffic cutting through the neighborhoods
and to eliminate the confusion in Concept B associated with no direct access from Minnetonka
Boulevard to Highway 100. He requested that Mn/DOT design the project so that it can be
changed to a better design later because this represents a band-aid fix and will not resolve the
traffic problems on one of the busiest roads in the metro. He reiterated his concern that drivers
will not know how to navigate from Minnetonka Boulevard to southbound Highway 100.
Councilmember Mavity agreed that having access to northbound and southbound Highway 100
from Minnetonka Boulevard is a priority. She stated that during rush hour, traffic on Highway 7
gets stacked up past 169 and adding additional traffic from Minnetonka Boulevard is a bad idea.
She also requested that the bike path not be forgotten in the project.
Ms. McMonigal stated that one of the biggest improvements in both Concept B and Concept C is
the free right on westbound Highway 7 heading north. She added that Mn/DOT will be doing
modeling of all the preferred concept.
Councilmember Santa stated that she did not believe the proposed Concepts will mitigate any of
the congestion on Highway 100.
Councilmember Ross requested that the east frontage road from Hwy 7 to Minnetonka Blvd on
Concept C be a two-way frontage road.
Councilmember Sanger asked if Mn/DOT will be taking any of the property on what is now
Webster Park.
Mr. Coddington replied that Mn/DOT would not be taking any of this property.
Councilmember Sanger asked if Mn/DOT would be removing the pedestrian and bike bridge
over Highway 100 at 26th Street, regardless of which concept is chosen.
Mr. Coddington replied that Mn/DOT would not be removing this bridge.
Mr. Harmening advised that staff will bring this item back to Council for further discussion. He
summarized Council’s feedback, including an interest in two-way frontage roads, minimizing
cut-through traffic and back-up traffic on City/County streets, resolving questions regarding
noise walls versus berms and making sure there is room for one or the other, maintaining direct
access to Highway 100 from Minnetonka Boulevard, addressing ongoing concerns regarding
closure of street access points, obtaining a clear understanding regarding the taking of homes,
understanding bike trail connectivity, as well as overall safety concerns.
City Council Meeting of February 22, 2011 (Item 3a) Page 7
Subject: Study Session Minutes of January 24, 2011
Councilmember Sanger stated that it appears Utica Avenue north of Minnetonka Boulevard will
become a frontage road. She indicated that these residents are not happy about Utica Avenue
being turned into a frontage road and requested that the design criteria include information about
what is going to be done to minimize the impact to those homes from 26th Street to Minnetonka
Boulevard, and particularly south of 27th Street. She requested that Mn/DOT land be used for a
berm to shield these homeowners from the frontage road impact.
Mr. Rardin clarified that Mn/DOT is not proposing to do anything with Utica Avenue and it will
be up to the City to craft its approach to any closure and/or subsequent frontage road.
5. Communications/Meeting Check-in (Verbal)
Mr. Harmening advised that the EPA has contacted the City indicating it is interested in doing
another soil vapor intrusion investigation study on the Reilly tar site. He explained that the EPA
has done some soil sampling on the property and found elevated levels on the site, and now
wants to conduct testing not unlike what it did several years ago. He stated that staff is currently
working with the EPA and the Department of Health on a communication plan for the proposed
testing.
Councilmember Sanger requested that staff make sure the information included in Council
materials is legible, noting that the information provided regarding the Highway 100 project was
difficult to read.
Councilmember Santa stated that her employer offered the Microsoft Home Use Program and
she found it was very easy to use.
Mr. Harmening stated that the E-Learning Program does not represent a special perk or benefit to
public sector employees and Microsoft makes this program available to everybody. He added
that the Home Use Program is optional and not required and is between Microsoft and any
employee who chooses to download the software.
The meeting adjourned at 10:07 p.m.
Written Reports provided and documented for recording purposes only:
6. 2011 Grant Year Community Development Block Grant (CDBG) Funds Proposed
Allocation
7. Wireless Internet Service Update
8. Microsoft Home Use and E-Learning Programs
9. Project Update – W. 44th Street Reconstruction – Project 2005-0500
10. Update on Nestlé HealthCare Nutrition Plant Closing
11. December 2010 Monthly Financial Report
12. Fourth Quarter Investment Report (October – December, 2010)
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: February 22, 2011
Agenda Item #: 3b
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
FEBRUARY 7, 2011
The meeting convened at 7:02 p.m.
Councilmembers present: Mayor Pro Tem Susan Sanger, Phil Finkelstein, Anne Mavity, Julia
Ross, and Sue Santa.
Councilmembers absent: Mayor Jeff Jacobs and Councilmember Paul Omodt.
Staff present: City Manager (Mr. Harmening), Organizational Development Coordinator (Ms.
Gothberg), Director of Public Works (Mr. Rardin), Planning/Zoning Supervisor (Ms.
McMonigal), Community Development Director (Mr. Locke), and Recording Secretary (Ms.
Hughes).
1. Finalize 2011 City Council Workshop Agenda
Ms. Gothberg presented the staff report and the proposed agenda and desired outcomes for the
City Council Workshop on March 12th.
Councilmember Ross expressed concern as to whether a one-day workshop would be sufficient
given the number of significant issues needing to be addressed by the Council. She suggested
that the Council continue to meet in special study session to get through the list of topics.
Mr. Harmening stated that other priorities identified by Council and staff include the replacement
of the Virginia Avenue railroad bridge, the policy regarding what the City charges residents for
things such as replacing water and sewer service lines and removal of trees on boulevards, a
request for a Reilly Tar 101, as well as the Nestlé/Novartis property.
Councilmember Mavity stated that she felt the Louisiana Avenue/Highway 7 project was critical
and an appropriate discussion topic for the March 12th meeting. She agreed that the civic
facilities discussion should occur on March 12th. She added that freight rail is also an important
topic and represents one of the biggest issues the City will be dealing with this year. She
indicated that if this item were added to the March 12th agenda, she does not want to get into a
discussion of facts and issues, but rather would like to discuss the process by which the Council
will be discussing this topic.
Councilmember Finkelstein agreed that the City budget is an important topic but it does not
make sense to discuss this on March 12th because the State budget process will not be far enough
along to have a meaningful discussion and suggested this topic be deferred until late summer.
He also suggested that Council meet on a fifth Monday or to schedule a longer study session if it
cannot cover everything on the workshop agenda.
Councilmember Santa stated that the first two items on the workshop agenda are critical and the
Council should spend the time it needs to cover these two items. She agreed that the Louisiana
Avenue/Highway 7 project is critical and it makes sense for Council to spend time productively
in making decisions on this topic. She stated that she felt the civic facilities discussion needs to
City Council Meeting of February 22, 2011 (Item 3b) Page 2
Subject: Special Study Session Minutes of February 7, 2011
be in an open meeting where more people are likely to be in attendance. She agreed that the
budget discussion is premature and can take place at a later date.
Councilmember Mavity stated that she is interested in discussing freight rail only in terms of
how the Council wants to manage this in a way that has integrity for the public and for the
Council in its relationship.
Mayor Pro Tem Sanger stated that she would like the civic facilities discussion to include a
review of the survey data with staff and to understand what happens next. She indicated that she
would prefer not to hold a discussion regarding freight rail at the workshop to avoid any
perception that Council is discussing overall freight rail issues. She stated that she is much more
interested in talking about any communication issues immediately after a meeting when someone
feels a violation has occurred and to not discuss these types of communication issues weeks later
because it does not have the same impact as talking about it immediately after a meeting. She
also noted that Council developed its norms for working together.
Councilmember Santa stated that the communications discussion on March 12th will provide an
opportunity to work better with each other and to facilitate a better understanding of each
Councilmember’s communication style.
It was the consensus of the City Council to include agenda item #1 (Carver Governance Model)
and agenda item #2 (Council Communications) on the March 12th workshop agenda.
It was also the consensus of the City Council to include Civic Facilities and Louisiana
Avenue/Highway 7 on the March 12th workshop agenda.
Written Reports provided and documented for recording purposes only.
2. Report on Freight Rail Alternatives
Mayor Pro Tem Sanger recessed the Special City Council Study Session at 7:25 p.m.
Mayor Pro Tem Sanger reconvened the Special City Council Study Session at 7:53 p.m.
3. Highway 100 Project Update
Mr. Harmening presented the staff report.
Mr. Rardin presented graphic illustrations of Concepts B and C as well as a matrix comparing all
concepts and project design criteria developed by staff. He provided historical background
information regarding the Highway 100 project to date and stated that it is important to recognize
that the Highway 100 project is being driven by Mn/DOT. He noted that the 2006 concept was
never finalized and no community discussions took place regarding the 2006 concept. He
advised that Mn/DOT has recently advised that the West 27th Street entrance ramp will have to
close to meet Mn/DOT safety standards. He discussed the municipal consent process whereby
Mn/DOT must obtain approval from the City when Mn/DOT is buying additional right-of-way
or changing access points.
City Council Meeting of February 22, 2011 (Item 3b) Page 3
Subject: Special Study Session Minutes of February 7, 2011
Mayor Pro Tem Sanger stated that she felt it would be irresponsible for the City to agree to the
27th Street closure without first taking the issue to the Birchwood neighborhood and until the
City has a much clearer idea of what will happen with the Nestlé site and how much traffic will
be generated by whatever comes next in that area.
Councilmember Ross agreed that the 27th Street closure could impact a business that may be
looking at the Nestlé site.
Councilmember Finkelstein stated that the City has few north-south routes and the Highway 100
reconstruction project will have a regional effect involving the community as a whole, starting
with Birchwood and expanding to the entire City. He added that the City cannot wait to see what
happens with the Nestlé site before stating a preference on the proposed concepts.
Mr. Rardin explained that the Highway 7 and Minnetonka Boulevard bridges are Ch. 152 bridges
that are mandated for replacement as structurally deficient. He stated that $35 million has been
set aside for replacement of the two bridges and Mn/DOT has advised staff that it may be
possible to move this project up by one year, with a late 2014 letting. He added that depending
on how large the project gets, the City will be required to pay its fair share of the local
component, e.g., moving public utilities or streets / appurtenances owned by the City. He
advised that the City has retained SEH to provide technical assistance to the City in critiquing the
various concepts as well as the impacts and mitigation associated with a possible 27th Street
closure. He added that Mn/DOT has indicated that it would be okay with a hybrid of the
concepts and is open to having an east side two way frontage road south of Minnetonka Blvd.
He noted that there has been some confusion regarding lane widths and clarified that Mn/DOT is
planning 12’ lanes throughout the project in order to meet all safety standards.
Councilmember Santa stated that she is unable to state a concept preference because Council
does not yet have enough information. She stated that the concepts comparison matrix prepared
by Mr. Rardin was helpful, but it will be important to understand how local drivers further out
will access Highway 100 and how the 27th Street closure will impact traffic not only in the
immediate vicinity but further out as well.
Mayor Pro Tem Sanger requested that SEH identify and analyze, to the extent possible,
neighborhood congestion and cut-through traffic if 27th Street is closed under Concept B or C.
She also requested that SEH attempt to analyze where traffic will go if 27th Street is closed.
Councilmember Santa stated that it will be important for the Council to take a bigger view of
things, for planning purposes, and to be proactive in giving Mn/DOT direction that makes sense
for the entire community.
Councilmember Mavity stated that the issue of how Minnetonka Boulevard functions and its
access to Highway 100 is critical and suggested that SEH analyze that issue as well.
Mayor Pro Tem Sanger requested that SEH look at the impact to businesses on Minnetonka
Boulevard and to also analyze whether one or another of the concepts puts a greater constraint on
the City’s ability to do a north-south road over the railroad tracks such as was discussed
approximately one year ago. She also requested that SEH address the bike trail question and the
ability to connect to Cedar Lake trail. She expressed frustration regarding the uncertainty
surrounding Mn/DOT’s position with respect to the homes on Toledo Avenue.
City Council Meeting of February 22, 2011 (Item 3b) Page 4
Subject: Special Study Session Minutes of February 7, 2011
Mr. Harmening agreed that staff will work with our consultant to provide Council with a clear
understanding of the concepts or a hybrid of the concepts including the 27th Street closure and
what it will mean to the community, particularly within a ¼ or ½ mile radius in terms of
increased congestion, cut-through traffic, unintended consequences, as well as commercial
impacts. He stated that this information may be available before the end of February for review
by Council.
The meeting adjourned at 9:11 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem
Meeting Date: February 22, 2011
Agenda Item #: 3c
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
FEBRUARY 7, 2011
1. Call to Order
Mayor Pro Tem Sanger called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Pro Tem Susan Sanger, Phil Finkelstein, Anne Mavity, Julia
Ross, and Sue Santa.
Councilmembers absent: Mayor Jeff Jacobs and Councilmember Paul Omodt.
Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director
(Ms. Gohman), and Recording Secretary (Ms. Hughes).
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations - None
3. Approval of Minutes
3a. Study Session Minutes of January 10, 2011
The minutes were approved as presented.
3b. City Council Minutes of January 18, 2011
The minutes were approved as presented.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
4a. Approve Resolution No. 11-018 for 2011 Liquor License Renewals for the
license year term of March 1, 2011 through March 1, 2012.
4b. Adopt Resolution No. 11-019 approving acceptance of donation from Microsoft
for Home Use and E-Learning Programs.
4c. Adopt Resolution No. 11-020 rescinding prior 2-way traffic controls and
authorizing new 4-way traffic controls at Yosemite Avenue & West 42nd Street.
4d. Adopt Resolution No. 11-021 authorizing “No Left Turns 7-9 a.m. and 4-6 p.m.”
on Yosemite Avenue, south of Excelsior Boulevard.
4e. Adopt Resolution No. 11-022 authorizing the installation of a 4-way stop
condition at W. 16th Street West and Duke Drive.
City Council Meeting of February 22, 2011 (Item 3c) Page 2
Subject: City Council Minutes of February 7, 2011
4f. Adopt Resolution No. 11-023 authorizing final payment in the amount of
$97,990.80 and accepting work for the 2010 Local Street Rehabilitation -
Pavement Management Area 6 Repair with Valley Paving, Inc. Project No. 2009-
1000, City Contract No. 52-10.
4g. Adopt Resolution No. 11-024 authorizing final payment in the amount of
$14,674.70 for the 2010 MSA Street Improvement Project - Texas Avenue with
PCI Roads, LLC, Project No. 2008-1100 - City Contract No. 128-10.
4h. Approve for Filing Park and Recreation Advisory Commission Minutes
December 1, 2010.
4i. Approve for Filing Human Rights Commission Minutes December 21, 2010.
4j. Approve for Filing Vendor Claims.
It was moved by Councilmember Mavity, seconded by Councilmember Finkelstein, to
approve the Agenda and items listed on the Consent Calendar; and to waive reading of
all resolutions and ordinances.
The motion passed 5-0 (Mayor Jacobs and Councilmember Omodt absent).
5. Boards and Commissions - None
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Resolution Approving Annual City Manager Evaluation
Resolution No. 11-025
Mayor Pro Tem Sanger advised that each year the City Council conducts a performance
evaluation of the City Manager and this year, the Council utilized the services of J.
Forrest to facilitate the annual evaluation. She stated that the Council met in executive
session on January 24, 2011 to discuss the evaluation which consisted of both written
comments and numerical scoring. She presented a summary of the performance
evaluation and indicated that the City Manager’s highest scoring was in communication
skills and public relations, organizational management and leadership, fiscal and business
management, and long range planning. She indicated that overall, the Council is pleased
with the City Manager’s performance and looks forward to working with him in the
future.
It was moved by Councilmember Finkelstein, seconded by Councilmember Mavity, to
adopt Resolution No. 11-025 Accepting the Annual City Manager Evaluation.
The motion passed 5-0 (Mayor Jacobs and Councilmember Omodt absent).
Councilmember Mavity stated that Mr. Harmening has done an excellent job and she is
delighted to continue to work with him.
City Council Meeting of February 22, 2011 (Item 3c) Page 3
Subject: City Council Minutes of February 7, 2011
8b. Resolution Approving 2011 Compensation for the City Manager
Resolution NO. 11-026
Ms. Gohman presented the staff report and stated that the City Manager’s salary is
subject to the salary cap established by the Minnesota Management and Budget Office.
She advised that the City Manager currently receives $150,065, and it is recommended
that the City Manager receive a 2.25% salary increase, which is the same increase as
other employees received on December 31, 2010. She noted that during the fiscal budget
cutbacks, the City Manager and other department heads received a 0% increase for 2010
and other employees received a 1% increase. She indicated that the proposed base salary
for the City Manager is $151,866, not including car allowance in accordance with the
salary cap. She added that the City Manager’s car allowance of $600 per month will be
subject to the City’s PTO program, representing 21.57 hours of PTO for the City
Manager in 2011.
Councilmember Finkelstein stated that pursuant to State law, city manager salaries cannot
exceed 95% of the salary paid to the Governor.
It was moved by Councilmember Finkelstein, seconded by Councilmember Mavity, to
adopt Resolution No. 11-026 Setting Salary for the City Manager.
The motion passed 5-0 (Mayor Jacobs and Councilmember Omodt absent).
9. Communications
Mr. Harmening expressed his thanks and appreciation to the Mayor and City
Councilmembers for their support in his role as City Manager and for their confidence in
him.
Mr. Harmening stated that the City’s streets are narrow due to the significant snowfall
this winter, particularly where vehicles are parking on both sides of the street. He
indicated that this narrowing of the streets has created a concern for emergency and other
large vehicles and the City has put in place a voluntary request that residents park only on
the odd side of the street until further notice. He noted that this is not mandatory but the
City is asking for voluntary compliance by all residents. He explained that the City is
advising the community about this program through various means, including notices
being sent residents; in addition, the Police Department will be placing notices on cars
that are not complying with the odd side only parking request and these notices ask
vehicle owners to consider moving their car. He added that the City is hopeful that it will
see positive results from this program such that it can continue this voluntary compliance
program for the rest of the winter.
Councilmember Ross asked how the voluntary program would work when there is a
significant snowfall event.
Mr. Harmening explained that the voluntary parking request does not take the place of
the mandatory parking ban and parking will continue to be banned on both sides of the
street until plowed whenever the City receives three or more inches of snow.
City Council Meeting of February 22, 2011 (Item 3c) Page 4
Subject: City Council Minutes of February 7, 2011
Mr. Harmening reminded residents of the home remodeling fair being held at the
Eisenhower Center in Hopkins on Sunday, February 27, 2011, from 10:30 a.m. – 3:30
p.m.
Councilmember Mavity noted that the City Council took action earlier this evening in its
Consent Calendar on two items related to traffic. She stated that the Brookside
neighborhood worked with the City on the addition of a new four-way stop sign at 42nd
and Yosemite as well as the installation of no left turn signs from northbound Yosemite
Avenue to westbound Excelsior Boulevard to increase safety for residents and drivers,
and these items were approved by the Council.
10. Adjournment
The meeting adjourned at 7:46 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem
Meeting Date: February 22, 2011
Agenda Item #: 4a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other: Contract
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Diseased Tree Removal on Private Property for 2011.
RECOMMENDED ACTION:
Motion to execute a 2011 contract with Uppercut Tree Service, Inc. for the removal of diseased
trees on private property in an amount not to exceed $97,422.00.
POLICY CONSIDERATION:
Is the City Council supportive of staff continuing to inspect and coordinate removal of diseased
trees on private property?
BACKGROUND:
The city has been participating in the removal of diseased trees on private property for more than
28 years. The city’s role in this process is to identify and mark the diseased trees and facilitate
and administer the program. This includes management of the contract, preparing official
notices, billing the homeowners, establishing a timely schedule for the removals and providing a
follow-up inspection. As in previous years, an updated brochure explaining the city’s removal
program has been prepared and will be distributed to all affected property owners at the time
their diseased trees are identified by staff.
Property owners will reimburse the city for the entire cost of private tree removals. Due to the
city’s elm tree injection program and the reduced elm population left in the city, the number of
cases of Dutch elm disease is decreasing in the City. In 2010, there were 144 private trees
removed in St. Louis Park. Of those 144 trees, 130 of those were removed by the city contractor.
If the property owner uses the city’s contractor for the removal, the city will agree to assess the
entire cost of the removal against the property as a means to ease the burden of paying this
expense. The property owners always have the option of selecting their own contractor as long as
they are licensed in the City of St. Louis Park.
In 2010 this contract was let for bid, with five firms submitting a bid. Uppercut Tree Service,
Inc. was the subsequent low bidder ($10,000 less) and was chosen to perform this work. The
2010 contract contained a clause for contract renewal for 2011, dependent upon successful
completion of the 2010 contract. Uppercut Tree Service, Inc. did successfully complete the 2010
contract. Staff and the contractor desire to renew the contract for 2011.
BID ANAYLSIS:
As is standard practice for contract renewals, another bid was solicited in 2011 from one other
tree company. The comparison bids, based upon the same specifications, are:
Uppercut Tree Service, Inc.........................$ 97,422.00
North Star Tree Care, Inc...............................$ 105,110.00
City Council Meeting of February 22, 2011 (Item 4a) Page 2
Subject: Diseased Tree Removal On Private Property for 2011
FINANCIAL OR BUDGET CONSIDERATION:
The above bid amount from Uppercut Tree Service, Inc. represents an average cost of $550.00
for a 24” diameter tree (average sized tree removed on private property in St. Louis Park). As in
the past, staff will closely monitor the contractual obligations and work of the contractor.
VISION CONSIDERATION:
Managing our urban forest is consistent with the City’s Strategic Direction of being a leader in
environmental stewardship.
Attachments: None
Prepared by: Jim Vaughan, Environmental Coordinator
Reviewed by: Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting Date: February 22, 2011
Agenda Item #: 4b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other: Contract
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Boulevard Tree and Stump Removal Contract for 2011.
RECOMMENDED ACTION:
Motion to execute a contract with Precision Landscape & Tree, Inc. for the 2011 Boulevard Tree
and Stump Removal Program in an amount not to exceed $83,657.00.
POLICY CONSIDERATION:
Does the City Council wish to continue our policy of providing a 50% subsidy for boulevard tree
removal?
BACKGROUND:
Since 2004 the city has implemented a cost sharing program for all boulevard tree removals with
the impacted property owner and the city equally sharing the cost of removal of the
diseased/condemned tree and its stump.
Once a tree is identified and marked for removal, staff sends a proposal to the impacted property
owner for 50% of the cost of tree and stump removal (stump removal will include grinding
stump, removal of grinding debris, backfilling stump hole with quality black soil and seeding
area with specified grass seed mix). If the resident chooses to use the city contractor (99% of
residents impacted in the past four years have made this choice) the city will invoice the property
owner for 50% of the removal costs.
Precision Landscape & Tree, Inc. as successfully performed the 2009 and 2010 Boulevard Tree
Removal Contracts for the City of St. Louis Park.
BID ANALYSIS:
Precision Landscape & Tree, Inc. presented the lowest responsible bid from a 2009 bid opening
and was awarded the contract for 2009 & 2010. The City is renewing the 2010 contract with
Precision for 2011. One other bid was solicited for 2011 from one other tree company, as per
standard practice. The comparison bids, based upon the same specifications, are:
Precision Landscape & Tree, Inc... ....................................$ 83,657.00
Heritage Shade Tree Consultants…………………………...$ 93,025.00
City Council Meeting of February 22, 2011 (Item No. 4b) Page 2
Subject: Boulevard Tree and Stump Removal Contract for 2011
FINANCIAL OR BUDGET CONSIDERATION:
The renewal clause was enacted from the 2009 Boulevard Tree Removal Contract so the contract
bid amount remains at the 2009 level. The above contract amount from Precision Landscape
represents a cost of $462.62 for a 21 diameter tree (average sized tree removed from the
boulevard property) removed, stumped and hole backfilled. As in the past, staff will closely
monitor the contractual obligations and work of the contractor. This fits within the budget for
2011.
VISION CONSIDERATION:
Managing our urban forest is consistent with the city’s Strategic Direction of being a leader in
environmental stewardship.
Attachments: None
Prepared by: Jim Vaughan, Environmental Coordinator
Reviewed by: Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting Date: February 22, 2011
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:
Authorization for Execution of Grant Agreement for Minnehaha Creek Stream Meander.
RECOMMENDED ACTION:
Motion to adopt a resolution authorizing the execution of a grant agreement with the State of
Minnesota Board of Water and Soil Resources.
POLICY CONSIDERATION:
Does the Council support the use of grant funds for the restoration of a meander in Minnehaha
Creek?
BACKGROUND:
As a result of a meeting held last fall between the City Council and representatives of the
Minnehaha Creek Watershed District, the City of St. Louis Park applied for a grant for funds to
re-meander a portion of Minnehaha Creek from the state Board of Water and Soil Resources
(BWSR). The funds would be used to reconstruct the creek between Meadowbrook Road and
Louisiana Avenue. This segment of the creek is surrounded by land owned by either the City or
the Minnehaha Creek Watershed District (MCWD). A map is attached depicting the project area.
The grant funds were awarded to the City by BWSR as part of a competitive process and would
come from the Shoreland Restoration portion of the state’s Clean Water Fund. Total funding
awarded is $300,000; of the total, $50,000 is allocated to engineering costs, and $250,000 to
construction. The required project completion date for use of the funds is December 31, 2012.
MCWD acted as a partner in completing the grant application and has committed to providing the
required matching funds to allow the project to move forward. The minimum project match is
$75,000. Because the project is in the early stages, MCWD is currently funding the engineering
work required to better understand the environmental variables in this segment of the creek.
Updates will be provided to Council as the project continues to evolve. It is expected that a
Conditional Use Permit for excavation will be required to complete the project, which requires a
public hearing and Council approval. Construction on the project could take place next winter if
the engineering works proceeds on schedule.
RECOMMENDATION:
Staff recommends the adoption of a Resolution Authorizing the Execution of a Grant Agreement
with the Minnesota State Board of Water and Soil Resources.
FINANCIAL OR BUDGET CONSIDERATION:
Matching funds for this grant will be provided by the Minnehaha Creek Watershed District. The
City is not obligated to provide any direct funding for the project, although some Staff time will
be required to support to process.
City Council Meeting of February 22, 2011 (Item No. 4c) Page 2
Subject: Authorization for Execution of Grant Agreement for Minnehaha Creek Stream Meander
VISION CONSIDERATION:
The proposed grant-funded activities meet the strategic direction related to the City’s
commitment to being a leader in environmental stewardship. The activities will meet the vision
goal of positively influencing the outdoor environment of the City, improving the ecological
stability of Minnehaha Creek for future generations.
Attachments: Resolution Authorizing Execution of Grant Agreement
Re-meander draft project 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 February 22, 2011 (Item No. 4c) Page 3
Subject: Authorization for Execution of Grant Agreement for Minnehaha Creek Stream Meander
RESOLUTION NO. 11-___
RESOLUTION AUTHORIZING EXECUTION
OF A GRANT AGREEMENT WITH THE MINNESOTA
STATE BOARD OF WATER AND SOIL RESOURCES
WHEREAS, the City of St. Louis Park has made application to the Minnesota State
Board of Water and Soil Resources for grant funds through the Clean Water Fund relating to
Shoreland Restoration along Minnehaha Creek located between Meadowbrook Road and
Louisiana Avenue South;
WHEREAS, the City of St. Louis Park intends to partner with the Minnehaha Creek
Watershed District in completing a stream meander of Minnehaha Creek between said
boundaries;
WHEREAS, the Board of Water and Soil Resources has approved the City of St. Louis
Park’s request for grant funds;
WHEREAS, it is necessary for the City of St. Louis Park to enter into a grant agreement
with the Board of Water and Soil Resources as a part of receiving said grant funds;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the Mayor and City Manager are authorized to execute the grant agreement
with the Minnesota State Board of Water and Soil Resources.
Reviewed for Administration: Adopted by the City Council February 22, 2011
City Manager Mayor
Attest:
City Clerk
City Council Meeting of February 22, 2011 (Item No. 4c) Page 4
Subject: Authorization for Execution of Grant Agreement for Minnehaha Creek Stream Meander
City Council Meeting of February 22, 2011 (Item No. 4c) Page 4
Subject: Authorization for Execution of Grant Agreement for Minnehaha Creek Stream Meander
Meeting Date: February 22, 2011
Agenda Item #: 4d
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:
Variance from Municipal State Aid Standards – W. 44th Street - Project No. 2005-0500.
RECOMMENDED ACTION:
Motion to adopt a resolution requesting a variance from Minnesota Rules for State Aid
Operations Chapter 8820 for Municipal State Aid Project No. 163-318-001 (W. 44th Street from
Brookside Terrace to France Avenue).
POLICY CONSIDERATION:
Does the City Council want staff to pursue this variance which would allow the portion of W.
44th Street located within the City of St. Louis Park to be rehabilitated at its current street width?
BACKGROUND AND ANALYSIS:
In a report dated January 24, 2011, the City Council was provided an update with regards to the
rehabilitation of W. 44th Street from Brookside Terrace to France Avenue. The proposed project
involves the reconstruction of 6,500 feet (1.25 mi.) of W. 44th Street from France Avenue to
Brookside Avenue. The majority of the project is located within the City of Edina, and of the
total project length, 700 feet (about 10 per cent) is located within the City of St. Louis Park.
More specifically, W. 44th Street slices through a corner of the City of St. Louis Park between
Glen Place and just east of Wooddale Avenue. As a result, the administration and delivery of
this project is being lead by the City of Edina. All St. Louis Park property owners adjacent to W.
44th Street have been notified and included as part of the public involvement process.
The majority of the existing roadway consists of a two-lane unimproved (not previously
constructed to current standards) urban section with limited parking restrictions in the residential
areas. Sidewalk extends along the north side of the street with mature trees in the boulevard
areas on both sides of the roadway. Reconstruction (including curb and gutter) is proposed with
the intent of minimizing impacts to the adjacent properties and trees by maintaining the existing
width and alignment as much as possible.
Because the roadway is designated as a Municipal State Aid Street, State Aid funds are intended
to be utilized by both cities to assist in funding the project. However, the existing width and
parking accommodations do not meet the minimum widths for a State Aid Street over much of
the project length, and a variance from the State Aid office will be sought. As proposed, much of
the project length will allow parking on one side of the street, (including the St. Louis Park
variance segment). In the event the road cannot be designed and constructed to State Aid
standards and/or a variance from the standards cannot be attained, State Aid reimbursement of
project costs will not be possible. Therefore, staff from both cities plan to jointly present a
variance request at the next variance committee hearing on March 24, 2011.
The attached resolution and Figure 1 describe and illustrate the location and specifics of the
proposed variance. The nature of the variance required is similar to the variance successfully
attained by staff for Wooddale Avenue (W. 44th to Princeton Ave.), rehabilitated just this past
year.
City Council Meeting of February 22, 2011 (Item No. 4d) Page 2
Subject: Variance from Municipal State Aid Standards – W. 44th Street - Project No. 2005-0500
Variance Process
The next scheduled variance hearing will be on March 24, 2011. In order to be scheduled for the
hearing, an application must be submitted to the Minnesota Department of Transportation by
March 1, 2010. This application must include resolutions from the governing authorities of both
cities requesting the variance. At this hearing, the requestor presents the application and
appropriate arguments for granting the variance. The committee typically makes a decision on
the request that same day.
Staff from both Edina and St. Louis Park have discussed this proposed variance request with the
Mn/DOT District State Aid Engineer. Although our chances of success in gaining a variance are
by no means guaranteed, the District Engineer did convey that our request does appear to have
reasonable merit for consideration. Our argument will be based essentially on the following
points:
1. Physical restrictions do not allow for widening of the road without significant hardship or
impacts to neighboring properties and significant project cost increases.
2. We are essentially reconditioning the street rather than a complete reconstruct.
3. The roadway has operated in its current condition and capacity for many years without
any notable safety or operational deficiencies.
If Mn/DOT does grant a variance from State Aid standards, it will be conditioned on the City
accepting any liability associated with the variance. That requirement is contained in the attached
resolution. The City Attorney has been apprised of this issue and requirement.
If Mn/DOT does not grant the variance, the project will be delayed as staff from both cities
consider other options as noted in previous reports.
FINANCIAL OR BUDGET CONSIDERATION:
The City of St. Louis Park’s share of the project cost, presently estimated at $494,000 includes
the roadway itself, storm sewer, and utility repairs as needed. A combination of Municipal State
Aid Funds (gas tax monies) and utility funds have been anticipated and included in the City’s 5
year Capital Improvement Program for 2011.
VISION CONSIDERATION:
Not applicable.
Attachments: Resolution
Project Location Map (Figure 1)
Prepared by: Scott Brink, City Engineer
Reviewed by: Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
City Council Meeting of February 22, 2011 (Item No. 4d) Page 3
Subject: Variance from Municipal State Aid Standards – W. 44th Street - Project No. 2005-0500
RESOLUTION NO. 11-
CITY OF ST LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
RESOLUTION REQUESTING A VARIANCE FROM
MINNESOTA RULES FOR STATE AID OPERATIONS CHAPTER 8820
FOR MUNICIPAL STATE AID PROJECT NO. 163-318-001
(W. 44th STREET FROM BROOKSIDE TERRACE TO FRANCE AVENUE)
WHEREAS, the City of St. Louis Park Engineer is hereby authorized to request a
variance from the Commissioner of the Minnesota Department of Transportation, pursuant to
Minnesota Rules for State Aid Operations 8820.330 and 8820.9936, adopted pursuant to
Minnesota Statutes Chapters 161 and 162, as they apply to the proposed re-construction of W.
44th Street from Brookside Terrace to France Avenue, State Aid Project 163-318-001, located in
Edina and St. Louis Park, Minnesota and Hennepin County; and
WHEREAS, the Cities of Edina and St. Louis Park have undertaken extensive study and
a public agencies involvement process to insure that the design and operation of the roadway will
provide opportunity for all modes of transportation including vehicular and pedestrians in a safe
environment; and
WHEREAS, the City Council of St. Louis Park believes that the minimum design
standards set forth by Minnesota Rules for State Aid Operation 8820 as applicable to the
proposed roadway reconstruction of W. 44th Street create an undue hardship; and
WHEREAS, said hardship is further explained in the attached supplementary letter from
the City Engineer; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Louis
Park, located in Hennepin County, Minnesota, hereby respectfully submits a request for a
variance to the Commissioner of Transportation for Minnesota Rules for State Aid Operations,
Chapter 8820.9936, Minimum Design Standards, Urban; New or Reconstruction Projects, as
they apply to the reconstruction of W. 44th Street from Brookside Terrace to France Avenue, so
as to allow the following:
1. The proposed roadway width of 30 feet is allowed on that portion of W. 44th Street
between the St. Louis Park south city limit (located approximately 180 feet east of Glen
Place), and Dart Avenue.
2. Parking on only one side of the street to be continued and permitted whereas parking is
currently allowed on both sides of the street on that portion of W. 44th Street between the
St. Louis Park south city limit (located approximately 180 feet east of Glen Place), and
Dart Avenue.
3. The proposed roadway width of 30 feet is allowed on that portion of W. 44th Street
between Wooddale Avenue and the St. Louis Park east city limit (located approximately
40 feet east of Wooddale Avenue).
City Council Meeting of February 22, 2011 (Item No. 4d) Page 4
Subject: Variance from Municipal State Aid Standards – W. 44th Street - Project No. 2005-0500
4. Parking on only one side of the street to be continued and permitted whereas parking is
currently allowed on both sides of the street on that portion of W. 44th Street between
Wooddale Avenue and the St. Louis Park east city limit (located approximately 40 feet
east of Wooddale Avenue).
NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
St. Louis Park, Minnesota, that the City Council of the City of St. Louis Park hereby
indemnifies, saves and holds harmless the State, its agents and employees of and from claims,
demands, actions, or causes of action arising out of, or by reason of the granting of the variance.
The Council further agrees to defend at its sole cost and expense, any action of proceeding begun
for asserting any claim of whatever character arising out of, or by any reason of the granting of
the variance.
Reviewed for Administration: Adopted by the City Council February 22, 2011
City Manager Mayor
Attest:
City Clerk
City Council Meeting of February 22, 2011 (Item No. 4d) Page 5
Subject: Variance from Municipal State Aid Standards – W. 44th Street - Project No. 2005-0500
FIGURE 1
City of St. Louis Park
Variance Location – W. 44th Street
Meeting Date: February 22, 2011
Agenda Item #: 4e
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:
Temporary Liquor License for Most Holy Trinity Catholic Parish.
RECOMMENDED ACTION:
Motion to approve a Temporary On-Sale Intoxicating Liquor License for Most Holy Trinity
Catholic Parish located at 4017 Utica Avenue South for a Fish Fry Event to be held on Friday,
March 18, 2011.
POLICY CONSIDERATION:
Does Council wish to approve the Temporary On-Sale Intoxicating Liquor License so that Most
Holy Trinity Catholic Parish can serve intoxicating liquor at their Fish Fry Event?
BACKGROUND:
Most Holy Trinity Parish has made an application for a temporary on-sale intoxicating liquor
license for their upcoming Fish Fry event. City Ordinance 3-57(8) requires council approval of
temporary liquor licenses. The event is being held in the basement of their building located at
3946 Wooddale Avenue South and is scheduled from 5:00 p.m. to 8:00 p.m. on Friday, March
18, 2011.
The Police Department has completed the background investigation on the main principals and
has found no reason to deny the temporary liquor license.
The applicant has met all requirements for issuance of the license and staff is recommending
approval.
FINANCIAL OR BUDGET CONSIDERATION:
The fee for a temporary liquor license is $100.00 per day.
VISION CONSIDERATION:
Not applicable
Attachments: None
Prepared by: Kris Luedke, Office Assistant
Reviewed by: Nancy Stroth, City Clerk
Approved by: Tom Harmening, City Manager
Meeting Date: February 22, 2011
Agenda Item #: 4f
FIRE CIVIL SERVICE COMMISSION MINUTES
July 14, 2010 – 8:30 a.m.
FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL
1) The meeting was called to order at 8:31 a.m. by President Lee.
2) In attendance were Commissioners William MacMillan, David Lee, and Marjorie
Douville. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison;
Shawn Glapa, Fire Lieutenant; and Mike Dobesh, and Cary Smith, Assistant Chiefs.
3) A motion was made by Commissioner MacMillan, seconded by Commissioner Douville,
to accept the minutes from the February 1, 2010 meeting. Motion carried unanimously.
4) Staff Liaison Ali Fosse notified the commission that the Mayor passed a proclamation to
honor our board and commission volunteers during National Volunteer Week (attached).
This is in lieu of an evening event.
5) Assistant Chief Dobesh described the promotional process for the position of Fire
Lieutenant. All eight candidates who applied and tested achieved a score of 70 or higher
and have been placed on the Eligibility Roster. Staff from Hennepin Tech praised our
candidates for their preparation and training on the simulator portion of the testing. A
motion was made by Commissioner MacMillan, seconded by Commissioner Douville to
approve the Fire Lieutenant Eligibility Roster. Motion carried unanimously.
6) A motion was made by Commissioner MacMillan, seconded by Commissioner Douville
to certify the top three names on the Eligibility Roster (Steve Powers, Bob Hampton,
Rodger Coppa). Motion carried unanimously.
7) In other business, Assistant Chief Dobesh confirmed that the Firefighter vacancy would
soon be filled.
8) The Commission adjourned at 8:39 a.m.
Respectfully submitted,
Ali Fosse
City Staff Liaison to the Fire Civil Service Commission
Meeting Date: February 22, 2011
Agenda Item #: 4g
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
December 15, 2010 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Andrew Ford (youth member),
Claudia Johnston-Madison, Robert Kramer,
Dennis Morris, Richard Person, Carl Robertson
MEMBERS ABSENT: Larry Shapiro
STAFF PRESENT: Adam Fulton, Greg Hunt, Meg McMonigal,
Nancy Sells, Luke Stemmer, Sean Walther
1. Call to Order – Roll Call
2. Approval of Minutes of December 8, 2010
Commissioner Morris moved approval of the minutes of December 8, 2010.
Commissioner Robertson seconded the motion, and the motion passed on a vote of 6-0.
3. Other Business
A. Review of Hardcoat TIF Plan for Comprehensive Plan Conformance
Resolution No. 82
Greg Hunt, Economic Development Coordinator, presented the staff report. He discussed
Hardcoat Inc.’s proposed plan to purchase and renovate 7301-7317 W. Lake Street (the
former Flame Metals property). Mr. Hunt spoke about Hardcoat’s application for
Construction Assistance funds, and the subsequent need for a new TIF District to be
created.
Commissioner Carper asked if the business uses or generates hazardous materials. He
asked how removal of those materials would be handled.
Mr. Hunt replied that the company just completed NADCAP certification, a requirement
for this industry. The rigorous process of certification includes compliance with
hazardous substance materials and procedures for disposal.
Hardcoat has been in compliance and the city has not had any issues with the business
regarding hazardous chemicals.
Chair Person asked if there has been any site remediation associated with the previous
occupant, Flame Metals.
City Council Meeting of February 22, 2011 (Item No. 4g) Page 2
Subject: Planning Commission Minutes December 15, 2010
Mr. Hunt stated that Hardcoat has done a Phase I investigation, which is a review of the
property on paper. Review of Phase I will dictate or suggest whether or not a Phase II
investigation, which includes soil borings and a physical examination, should be done of
the property. The building has been extensively cleaned up. Mr. Hunt said at this point it
appears that there haven’t been a lot of issues, despite the former user history. More
information may be available in the coming weeks.
Commissioner Carper said it appears that $420,000 will be lent to Hardcoat, and the
payback from the increased tax revenue over nine years is $207,000. He said essentially
the city is giving Hardcoat $213,000 to establish their location and provide employment,
along with the benefits that the city gains from having an active industry.
Mr. Hunt spoke about the Construction Assistance Program (CAP) created by the EDA.
He said the whole intent of the program is primarily to provide financial assistance to
businesses that would allow them to either construct new buildings or renovate existing
buildings, and by so doing create jobs. The program provides for up to 1/3 of hard costs
related to that development. Mr. Hunt explained that in this case because it is a bigger
project with a larger return in terms of tax revenue, the EDA can recoup $207,000 by
creating a TIF district around the project.
Commissioner Robertson made a motion to adopt Resolution No. 82 finding the proposed
establishment of the Hardcoat Tax Increment Financing District to be in conformance
with the Comprehensive Plan of the City of St. Louis Park. Commissioner Kramer
seconded the motion, and the motion passed on a vote of 6-0.
4. Hearings
A. Conditional Use Permit for Fill, Fire Station #1
Preliminary & Final Plat with Subdivision Variance, Fire Station #1
Conditional Use Permit for Fill, Fire Station #2 & Northside Park
Location: 3750 Wooddale Ave. South and 2262 Louisiana Ave. South
Applicant: City of St. Louis Park
Case Nos.: 10-31-CUP, 10-32-S, 10-33-VAC
Adam Fulton, Planner, presented the staff report. He provided background on the
citywide process leading to plans for the replacement of Fire Stations 1 and 2. Mr. Fulton
reviewed each of the requested applications for Fire Stations 1 and 2.
Commissioner Robertson noted that both Conditional Use Permits list excavation and fill.
He asked if there is soil remediation necessitating excavation and fill.
Mr. Fulton responded that Fire Station 1 excavation needs to take place because of some
of the soil conditions. Fill will be brought on that site to accommodate that. He explained
that at Station 2 fill is being brought onto the site because of the topography, although
some excavation may be necessary.
Commissioner Robertson asked if any of the excavation materials from Station 1 can be
used as fill at Station 2. He commented that would change the haul route.
City Council Meeting of February 22, 2011 (Item No. 4g) Page 3
Subject: Planning Commission Minutes December 15, 2010
Mr. Fulton stated that has been discussed with the construction management team and the
team was available to answer any questions.
Commissioner Carper asked what the City would be doing with the three homes
scheduled for removal at the site of Fire Station 1. He noted three options: sell the
homes and move them off-site; move homes to City-owned excess land and sell; and
demolition.
Mr. Fulton said options to remove the homes off-site were explored extensively. It was
determined not to be economically feasible due to location as the homes are large two-
story homes that can’t be easily moved via the freeway system. The intent is to use the
houses for fire training purposes and for the homes to be demolished. Mr. Fulton said
Sean Walther, Senior Planner and Project Coordinator for the rebuilding effort, was
available to answer any questions.
Commissioner Kramer suggested including a modification to the Station 1 south haul
route indicating the most direct access to Highway 100.
Mr. Fulton said that modification would be included. He added that the conditions of
approval include the haul route and direct access to Highway 100 will be referenced in
those conditions.
Sean Walther, Senior Planner, responded to Commissioner Robertson’s question about
soils excavated from Station 1 being used as fill for Station 2. He said he did not think
that would be a possibility as soils being removed from Station 1 are impacted soils
which will probably be hauled off-site. A Response Action Plan is currently being
developed through the Minnesota Pollution Control Agency which would determine
whether soils are usable.
Mr. Walther addressed Commissioner Carper’s question about options regarding removal
of the houses. He said the City wants to be an environmental steward and that has been a
goal of the station project. He said they did not explore moving a house to an excess land
parcel. The team did speak with house movers and demolition contractors. One of the
issues is that once houses are moved there is a lot of new work that has to be done on the
properties to meet code, adding cost. He spoke about the height complication, especially
to move any particular distance. Mr. Walther said the only demolition contractor offering
to move houses would charge about twice the price of demolition, and in that case they
would demolish the home off-site which wasn’t accomplishing anything. Mr. Walther
said Fire Chief Luke Stemmer had conversations with Habitat for Humanity. The houses
do not fit into the Habitat for Humanity model. Mr. Walther said it was decided that
demolition was the best option. The Fire Department has used the homes for training
recently. Demolition is scheduled for December 20th.
Mr. Walther spoke about the haul route for Fire Station 1. He said if it is possible
Highway 100 will be used as a haul route, but there was some concern about the turn
radius, and some trucks may need to use Highway 7 to access southbound Highway 100.
City Council Meeting of February 22, 2011 (Item No. 4g) Page 4
Subject: Planning Commission Minutes December 15, 2010
Commissioner Morris commented that the Planning Commission has been well briefed
and informed on the Fire Stations replacement project as study sessions have been held
which included presentations on design and function. He added that Planning
Commission study sessions are publicized and open to the public.
Chair Person opened the public hearing. As no one was present wishing to speak, the
Chair closed the public hearing.
Commissioner Kramer made a motion recommending approval, subject to conditions, for
a Conditional Use Permit for Fill Fire Station 1, Preliminary and Final Plat with
Subdivision Variance Fire Station 1, and Conditional Use Permit for Fill Fire Station 2
and Northside Park. Commissioner Carper seconded the motion, and the motion passed
on a vote of 6-0.
5. Communications
None
6. Adjournment
The meeting adjourned at 6:40 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
Meeting Date: February 22, 2011
Agenda Item #: 4h
OFFICIAL MINUTES
PLANNING COMMISSION STUDY SESSION
ST. LOUIS PARK, MINNESOTA
February 2, 2011 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Andrew Ford, Robert Kramer,
Dennis Morris, Richard Person, Carl Robertson
MEMBERS ABSENT: Claudia Johnston-Madison, Larry Shapiro
STAFF PRESENT: Adam Fulton, Kathy Larsen,
Meg McMonigal, Gary Morrison
1. 2010 Housing Report
Kathy Larsen, Housing Programs Coordinator, presented the report. She noted that the
city had one net new home built in 2010; eight new homes were constructed and seven
were demolished. She reported that several condos went to rental in 2010, because
selling condos is difficult (from 368 to 676 rentals). The report indicates that 62% of all
owner-occupied housing units are affordable ($233,100 in 2010). Commissioners had
questions about affordability, rent trends, foreclosures and permits.
2. Non-Conforming Expansion Permits
Gary Morrison, Assistant Zoning Administrator, explained the options being proposed for
allowing expansions to existing buildings. The Commissioners discussed all the scenarios
and options for expansions. A question was raised about how difficult it would be to
deny a request for a non-conforming expansion permit.
Mr. Morrison will pursue this ordinance and return to the Commission with a final
version prior to a hearing.
3. Business Park Zoning District
Adam Fulton, Planner, reviewed the changes made to the proposed ordinance, based on
the previous Planning Commission discussion.
4. Updates
Staff provided updates on construction of the two fire stations, a PUD amendment for
Granite City, the revised apartment proposal at Park Summit, and the SW LRT.
5. Adjourn
The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
Meeting Date: February 22, 2011
Agenda Item #: 4i
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 January 29, 2011 through February 11,
2011.
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
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
1Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
355.93PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES+SECURETECHS, INC
355.93
166.56PARK MAINTENANCE G & A GENERAL SUPPLIESA-1 OUTDOOR POWER INC
166.56
588.00GENERAL REPAIR EQUIPMENT MTCE SERVICEABM EQUIPMENT & SUPPLY INC
588.00
925.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE
925.00
2,741.50WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESADVANCED ENGINEERING & ENVIRON
2,741.50
9,745.33MUNICIPAL BLDG BUILDINGS & STRUCTURESAECOM INC
9,745.33
3,576.00ELEVATOR MTCE BUILDING MTCE SERVICEALL CITY ELEVATOR INC
3,576.00
284.60SOCCERGENERAL SUPPLIESALL STAR SPORTS
284.60
5,828.50H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC
679.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
6,507.50
100.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSAMEM
100.00
600.00SEWER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIAMERICAN ENGINEERING TESTING I
600.00
53.44GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER
137.56PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES
134.31PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
26.71ENTERPRISE G & A GENERAL SUPPLIES
97.90VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
92.73WATER UTILITY G&A OPERATIONAL SUPPLIES
92.73SEWER UTILITY G&A OPERATIONAL SUPPLIES
15.45STORM WATER UTILITY G&A OPERATIONAL SUPPLIES
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 2
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
2Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
650.83
386.51GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYARAMARK UNIFORM CORP ACCTS
504.27ENTERPRISE G & A GENERAL SUPPLIES
890.78
56.91WATER UTILITY G&A GENERAL CUSTOMERSASKANASS, IRVING
56.91
297.65PARK AND RECREATION BALANCE SH INVENTORYASPEN EQUIPMENT CO
297.65
154.90OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS
154.90
400.00INSPECTIONS G & A LICENSESASSOCIATION OF MINNESOTA BUILD
400.00
32.72COMMUNICATIONS/GV REIMBURSEABL TELEPHONEAT&T
32.72
480.00POLICE G & A TRAININGATOM
480.00
65.79GENERAL REPAIR EQUIPMENT MTCE SERVICEAUTOMOBILE SERVICE
65.79
638.50STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESBARR ENGINEERING CO
899.00STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,537.50
94.65PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESBARTLEY SALES CO
94.65
508.02ARENA MAINTENANCE BLDG/STRUCTURE SUPPLIESBECKER ARENA PRODUCTS
508.02
450.002010A GO HIA DEBT SERV G&A FISCAL AGENT FEESBOND TRUST SERVICES CORP
139.502010B GO REF (03) DEBT SER G&A FISCAL AGENT FEES
301.502007A UTIL REV BOND PROJECTS FISCAL AGENT FEES
96.752010B UTIL REV BONDS FISCAL AGENT FEES
148.502007A UTIL REV BOND PROJECTS FISCAL AGENT FEES
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 3
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
3Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
94.502010B UTIL REV BONDS FISCAL AGENT FEES
119.25REV BONDS 2001B / 2010B REF FISCAL AGENT FEES
1,350.00
26.12WATER UTILITY G&A GENERAL CUSTOMERSBOTTEN, ROXENE FREESE
26.12
200.00BASKETBALLOTHER CONTRACTUAL SERVICESCALISTRO, ANTHONY
200.00
245.00OPERATIONSOPERATIONAL SUPPLIESCARDIAC SCIENCE INC
245.00
50.16PARK AND RECREATION BALANCE SH INVENTORYCATCO PARTS SERVICE
50.16
988.00GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESCENTERPOINT ENERGY
17.98SEWER UTILITY G&A HEATING GAS
1,005.98
10,200.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND
10,200.00
475.00BASKETBALLOTHER CONTRACTUAL SERVICESCHURCHILL, LEE
475.00
56.84-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK
149.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
36.86ADMINISTRATION G & A MEETING EXPENSE
783.69ASSESSING G & A OFFICE SUPPLIES
770.15GENERAL BUILDING MAINTENANCE GENERAL SUPPLIES
113.52POLICE G & A POLICE EQUIPMENT
68.33-POLICE G & A TRAINING
103.90INSPECTIONS G & A GENERAL SUPPLIES
398.00ENGINEERING G & A TRAINING
246.70TV PRODUCTION NON-CAPITAL EQUIPMENT
5.13SOLID WASTE COLLECTIONS GENERAL SUPPLIES
2,481.78
897.30CONCESSIONS/HOCKEY ASSOC CONCESSION SUPPLIESCOCA-COLA BOTTLING CO
897.30
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 4
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
4Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
15,505.00ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES
15,505.00
218.30EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSCOLLECTION SERVICES CENTER
218.30
734.67BUILDING MAINTENANCE GENERAL SUPPLIESCONTINENTAL RESEARCH CORP
734.67
77.68POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS
77.68
1,755.87BUILDING MAINTENANCE BUILDING MTCE SERVICECUMMINS NPOWER LLC
1,755.87
437.50BASKETBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM
437.50
13,981.85WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP
13,981.85
1,885.88BUILDING MAINTENANCE GENERAL SUPPLIESDALCO ENTERPRISES INC
1,885.88
2,559.10INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY
2,559.10
198.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC
1,548.07PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES
3,520.02MUNICIPAL BLDG BUILDINGS & STRUCTURES
5,266.09
171,703.12GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESDLR GROUP KKE
171,703.12
2,000.00ESCROWSDEMO / BROOKSIDE TRAFFICDOSTAL, SANDRA
2,000.00
12.00TV PRODUCTION MILEAGE-PERSONAL CARDUNLAP, REG
12.00
1,377.50PPL LOUISIANA COURT OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 5
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
5Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
475.00GREENSBORO HIA OTHER CONTRACTUAL SERVICES
617.50WESTWOOD VILLAS HIA OTHER CONTRACTUAL SERVICES
2,470.00
200.00PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICESELECTRIC PUMP INC
833.63SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,033.63
33.77PARK AND RECREATION BALANCE SH INVENTORYEMERGENCY APPARATUS MTNCE
88.69GENERAL REPAIR EQUIPMENT MTCE SERVICE
122.46
1,250.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESEMPLOYEE STRATEGIES INC
1,250.00
145.00BUILDING MAINTENANCE BUILDING MTCE SERVICEERICKSONS SEWER SERVICE INC
145.00
34,026.84SOLID WASTE COLLECTIONS RECYCLING SERVICEEUREKA RECYCLING
34,026.84
654.02PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO
654.02
1,000.00ESCROWSPMC ESCROWFARLEY CERTIFIED MORTGAGE INVE
1,000.00
229.68POLICE G & A OPERATIONAL SUPPLIESFASTENAL COMPANY
21.51PARK AND RECREATION BALANCE SH INVENTORY
251.19
11.45POLICE G & A POSTAGEFEDEX
11.45
462.76ICE RESURFACER MOTOR FUELSFERRELLGAS
462.76
48.00INSPECTIONS G & A MECHANICALFIRESIDE HEARTH & HOME
48.00
517.59GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFLOYD TOTAL SECURITY
517.59
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 6
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
6Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
166.14PARK AND RECREATION BALANCE SH INVENTORYGLASS DOCTOR
166.14
4,362.06EMPLOYEE FLEXIBLE SPENDING B/S LONG TERM CARE INSURGLTC PREMIUM PAYMENTS
4,362.06
403.24GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGRAINGER INC, WW
212.34OPERATIONSOPERATIONAL SUPPLIES
203.08WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
3,494.06MUNICIPAL BLDG BUILDINGS & STRUCTURES
4,312.72
40.12DARE PROGRAM OPERATIONAL SUPPLIESGRONSKI, PAM
40.12
94.00WATER UTILITY G&A GENERAL SUPPLIESHACH CO
94.00
587.50BROOMBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE
587.50
1,147.94BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESHAWKINS INC
7,449.34WATER UTILITY G&A OPERATIONAL SUPPLIES
182.15WATER UTILITY G&A EQUIPMENT MTCE SERVICE
8,779.43
200.00BASKETBALLOTHER CONTRACTUAL SERVICESHENDERSON, TRACY
200.00
793.34POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFF
793.34
2,065.50POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER
172.32PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE
365.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES
2,602.82
625.00SEWER UTILITY G&A TRAININGHENNEPIN TECHNICAL COLLEGE
625.00
759.05TRAININGTRAININGHIGHWAY TECHNOLOGIES INC
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 7
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
7Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
759.05
12.88WATER UTILITY G&A GENERAL CUSTOMERSHILKEMANN, TODD
12.88
216.73PARK MAINTENANCE G & A GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES
216.73
31.28PLUMBING MTCE BLDG/STRUCTURE SUPPLIESHOME HARDWARE
22.03POLICE G & A BLDG/STRUCTURE SUPPLIES
68.10PARK MAINTENANCE G & A GENERAL SUPPLIES
9.56BUILDING MAINTENANCE GENERAL SUPPLIES
11.07VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
142.04
25.23STORM WATER UTILITY G&A GENERAL SUPPLIESHSBC BUSINESS SOLUTIONS
25.23
200.86PARK AND RECREATION BALANCE SH INVENTORYI-STATE TRUCK CENTER
200.86
240.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSIACP
240.00
225.00INSPECTIONS G & A TRAININGICC
225.00
25.00BUILDING MAINTENANCE GENERAL SUPPLIESICE SKATING INST AMERICA
25.00
185.57WATER UTILITY G&A GENERAL SUPPLIESINDELCO
185.57
33.10PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD
33.10
102.97ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN
102.97
41.37WATER UTILITY G&A GENERAL CUSTOMERSJOHNSON, MARY REYNOLDS
41.37
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 8
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
8Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
276.92EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z
276.92
12,217.08GENERAL REPAIR EQUIPMENT MTCE SERVICEKREMER SERVICES LLC
12,217.08
39.94PATCHING TEMPORARY OTHER IMPROVEMENT SUPPLIESLAKES GAS CO
31.18STORM WATER UTILITY G&A GENERAL SUPPLIES
71.12
1,527.39WATER UTILITY G&A OTHER IMPROVEMENT SERVICELARSCO INC
1,527.39
113,707.25EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l expLEAGUE OF MN CITIES INS TRUST
113,707.25
191.59WATER UTILITY G&A GENERAL CUSTOMERSLENSS, JOHN
191.59
32.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESLEXIS NEXIS OCC HEALTH SOLUTIO
32.00
29.10POLICE G & A OTHER CONTRACTUAL SERVICESLEXISNEXIS
29.10
1,158.10PARK AND RECREATION BALANCE SH INVENTORYLITTLE FALLS MACHINE INC
1,158.10
50.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSMACIA
50.00
551.68PARK AND RECREATION BALANCE SH INVENTORYMACQUEEN EQUIP CO
551.68
255.20FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESMALONE, DANIEL
255.20
700.00BASKETBALLOTHER CONTRACTUAL SERVICESMASICA, BRENTON
700.00
30.00INSPECTIONS G & A LICENSESMEHA
30.00
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 9
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
9Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
255.34PARK IMPROVE CAPITAL PROJECT OTHER IMPROVEMENT SUPPLIESMENARDS
255.34
68.28OPERATIONSEQUIPMENT PARTSMETRO FIRE INC
68.28
424.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS
424.00
970.15PLUMBING MTCE EQUIPMENT MTCE SERVICEMETRO WATER CONDITIONING INC
970.15
28,700.10INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL
298,059.29OPERATIONSCLEANING/WASTE REMOVAL SERVICE
326,759.39
71.32WATER UTILITY G&A OFFICE SUPPLIESMICRO CENTER
71.32
795.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC
795.00
145.24EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC
145.24
1,275.48EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT
1,275.48
16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS
16.00
400.00STORM WATER UTILITY G&A LICENSESMINNESOTA POLLUTION CONTROL AG
400.00
80.00PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA SOCIETY OF ARBORICUL
80.00
20.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA STATE UNIVERSITY
20.00
353.76WATER UTILITY G&A EQUIPMENT PARTSMINVALCO INC
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 10
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
10Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
353.76
19.60-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSMITOGRAPHERS INC
304.75INSPECTIONS G & A PRINTING & PUBLISHING
285.15
531.00GOOSE MANAGEMENT GENERAL SUPPLIESMN HELICOPTERS INC
531.00
27.21PARK AND RECREATION BALANCE SH INVENTORYMORRIE'S PARTS & SERVICE GROUP
27.21
32,946.83SANDING/SALTING OTHER IMPROVEMENT SUPPLIESMORTON SALT
32,946.83
3,030.00PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESMOST DEPENDABLE FOUNTAINS
3,030.00
1,303.60PARK AND RECREATION BALANCE SH INVENTORYNAPA (GENUINE PARTS CO)
166.63GENERAL REPAIR GENERAL SUPPLIES
58.32GENERAL REPAIR SMALL TOOLS
40.50WATER UTILITY G&A GENERAL SUPPLIES
1,569.05
2,500.00ESCROWSDEMO / BROOKSIDE TRAFFICNITTI ROLLOFF SERVICES
2,500.00
116.26OUTREACHGENERAL SUPPLIESNORTH CENTRAL REFORESTATION IN
116.26
80.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTATNORTH STAR CHAPTER APPRAISAL I
80.00
160.91INSPECTIONS G & A GENERAL SUPPLIESNORTHERN AIRE SWIMMING POOLS
160.91
466.51PARK AND RECREATION BALANCE SH INVENTORYNORTHERN SAFETY TECHNOLOGY INC
466.51
20.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER APA
20.00
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 11
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
11Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
500.00POLICE G & A OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL
500.00
69.18WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK
69.18
54.19HUMAN RESOURCES OFFICE SUPPLIESOFFICE DEPOT
38.10ASSESSING G & A OFFICE SUPPLIES
247.84FINANCE G & A OFFICE SUPPLIES
1,949.27FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIES
197.49POLICE G & A OFFICE SUPPLIES
13.86SUPPORT SERVICES OFFICE SUPPLIES
23.09OPERATIONSFIRE PREVENTION SUPPLIES
137.58INSPECTIONS G & A GENERAL SUPPLIES
39.39PUBLIC WORKS G & A OFFICE SUPPLIES
240.01ENGINEERING G & A OFFICE SUPPLIES
123.88ORGANIZED REC G & A OFFICE SUPPLIES
3,064.70
42.16COMMUNITY OUTREACH G & A MEETING EXPENSEOLSON, MARNEY
42.16
361.70EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESOPTUM HEALTH FINANCIAL SERVICE
361.70
21,994.55TREE MAINTENANCE OTHER CONTRACTUAL SERVICESOSTVIG TREE INC
21,994.55
97.00INSPECTIONS G & A FOOD AND BEVERAGEPACYNA, MATTHEW
97.00
173.25INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPAPP, MELISSA
173.25
14,674.70CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIPCI ROADS
14,674.70
58.29DARE PROGRAM OPERATIONAL SUPPLIESPEEK, TROY
58.29
168.00BASKETBALLOTHER CONTRACTUAL SERVICESPETERSEN, CHRISTA
168.00
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 12
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
12Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
40.00POLICE G & A LICENSESPETTY CASH
40.00
30.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSPLEAA
30.00
7.08WATER UTILITY G&A GENERAL CUSTOMERSPOGULIS, JANIS
7.08
62.70INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIESPOLK, MARLA
62.70
60.80DARE PROGRAM OPERATIONAL SUPPLIESPOLLITZ, MIKE
60.80
363.02PARK MAINTENANCE G & A TELEPHONEPOPP TELECOM
363.02
316.20WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603
316.20SEWER UTILITY G&A POSTAGE
316.19SOLID WASTE COLLECTIONS POSTAGE
316.19STORM WATER UTILITY G&A POSTAGE
1,264.78
614.48-CAPITAL REPLACEMENT B/S DUE TO OTHER GOVTSPRECISION MOUNTING TECHNOLOGIE
9,552.31TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
8,937.83
180.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC
180.00
460.00PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIPROGRESSIVE CONSULTING ENGINEE
460.00
35,783.00P.P.L. - LOUISIANIA COURT OTHER CONTRACTUAL SERVICESPROJECT FOR PRIDE IN LIVING
35,783.00
195.51STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQ3 CONTRACTING
195.51
166.98PARK AND RECREATION BALANCE SH INVENTORYQUEST ENGINEERING INC
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 13
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13Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
166.98
26.44HUMAN RESOURCES GENERAL SUPPLIESQUICKSILVER EXPRESS COURIER
160.84VEHICLE MAINTENANCE G&A POSTAGE
187.28
708.18E-911 PROGRAM POLICE EQUIPMENTQWEST
708.18
2,438.76FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC
1,333.69REC CENTER BUILDING GARBAGE/REFUSE SERVICE
960.63SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE
4,733.08
638.30WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING
638.31SEWER UTILITY G&A POSTAGE
638.31SOLID WASTE COLLECTIONS POSTAGE
638.32STORM WATER UTILITY G&A POSTAGE
2,553.24
215.00INSPECTIONS G & A FOOD AND BEVERAGERAUSCH, JEREMY
215.00
68.19PARK AND RECREATION BALANCE SH INVENTORYRDO EQUIPMENT CO
68.19
4,763.81COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESREACH FOR RESOURCES INC
4,763.81
605.00POLICE G & A TRAININGREID & ASSOCIATES, JOHN E
605.00
19.84WATER UTILITY G&A GENERAL CUSTOMERSRIMKVICIUS, MINGAU
19.84
1,934.86WATER UTILITY G&A OTHER CONTRACTUAL SERVICESRMR SERVICES
1,934.86
255.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSROTARY CLUB OF SLP
85.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS
172.00POLICE G & A MEETING EXPENSE
512.00
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 14
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
14Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
2,233.43EMPLOYEE FLEX SPEND G&A TUITIONSAUTTER, SAMANTHA
2,233.43
127.93HUMAN RESOURCES RECOGNITIONSCHAAKE COMPANY, AJ
127.93
96.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESSCHMIDT, KELLIE
96.00
2,916.67ORGANIZED REC G & A OTHER CONTRACTUAL SERVICESSCHOENBAUER CONSULTING LLC
2,916.67
10,000.00EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l expSEDGWICK CMS
10,000.00
41,060.48PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH
41,060.48
120.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPSSENSIBLE LAND USE COALITION
80.00HOUSING REHAB G & A SUBSCRIPTIONS/MEMBERSHIPS
200.00
245.71PARK MAINTENANCE G & A SMALL TOOLSSEVEN CORNERS ACE HDWE
245.71
1,888.42PARK IMPROVE CAPITAL PROJECT OTHER IMPROVEMENT SUPPLIESSHAW/STEWART LUMBER CO
1,888.42
8.76WATER UTILITY G&A GENERAL CUSTOMERSSHIMIZU, DR PAUL
8.76
224.81WATER UTILITY G&A GENERAL CUSTOMERSSIGMAN, SHAYNA
224.81
10.42-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSSMT HEALTH SYSTEMS
162.02OPERATIONSTRAINING
151.60
96.53PARK MAINTENANCE G & A GENERAL SUPPLIESSPS COMPANIES INC
96.53
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 15
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
15Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
303.09PARK AND RECREATION BALANCE SH INVENTORYSTONEBROOKE EQUIPMENT INC
303.09
3,592.03POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S
264.98-PARK AND RECREATION BALANCE SH INVENTORY
3,327.05
39.82PARK AND RECREATION BALANCE SH INVENTORYSUBURBAN CHEVROLET
686.31GENERAL REPAIR EQUIPMENT MTCE SERVICE
726.13
4,501.25REILLY BUDGET GENERAL PROFESSIONAL SERVICESSUMMIT ENVIROSOLUTIONS INC
4,501.25
51.48ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS
51.48
1,100.45GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESSUNDE LAND SURVEYING LLC
1,100.45
4.63POLICE G & A SUBSISTENCE SUPPLIESTARGET BANK
4.63
191.28BUILDING MAINTENANCE EQUIPMENT MTCE SERVICETENNANT SALES AND SERVICE CO.
191.28
97.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT
97.00
1,850.00REILLY BUDGET OTHER CONTRACTUAL SERVICESTESTAMERICA LABORATORIES INC
1,850.00
45.61ADMINISTRATION G & A LONG TERM DISABILITYTHE HARTFORD - PRIORITY ACCOUN
54.49HUMAN RESOURCES LONG TERM DISABILITY
16.55COMM & MARKETING G & A LONG TERM DISABILITY
42.64IT G & A LONG TERM DISABILITY
35.66ASSESSING G & A LONG TERM DISABILITY
67.80FINANCE G & A LONG TERM DISABILITY
115.75COMM DEV G & A LONG TERM DISABILITY
123.78POLICE G & A LONG TERM DISABILITY
78.55OPERATIONSLONG TERM DISABILITY
59.11INSPECTIONS G & A LONG TERM DISABILITY
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 16
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
16Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
44.59PUBLIC WORKS G & A LONG TERM DISABILITY
58.53ENGINEERING G & A LONG TERM DISABILITY
20.94PUBLIC WORKS OPS G & A LONG TERM DISABILITY
70.58ORGANIZED REC G & A LONG TERM DISABILITY
20.94PARK MAINTENANCE G & A LONG TERM DISABILITY
17.46ENVIRONMENTAL G & A LONG TERM DISABILITY
17.46WESTWOOD G & A LONG TERM DISABILITY
18.46REC CENTER/AQUATIC PARK SAL LONG TERM DISABILITY
17.96VEHICLE MAINTENANCE G&A LONG TERM DISABILITY
16.97HOUSING REHAB G & A LONG TERM DISABILITY
20.94WATER UTILITY G&A LONG TERM DISABILITY
2,014.43EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY
2,979.20
600.00HOUSING REHAB G & A OTHER CONTRACTUAL SERVICESTHE WHITESIDEWALLS
600.00
346.25ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL
346.25
291.64PARK AND RECREATION BALANCE SH INVENTORYTOWMASTER
291.64
395.25SWEEPINGEQUIPMENT PARTSTRI STATE BOBCAT
613.47PARK AND RECREATION BALANCE SH INVENTORY
395.28PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES
1,404.00
195.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESTRUSIGHT
195.00
1,104.14POLICE G & A REPAIRSUHL CO INC
1,104.14
211.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA
211.00
28.59FINANCE G & A GENERAL PROFESSIONAL SERVICESUPS
28.59
10.50VEHICLE MAINTENANCE G&A POSTAGEUPS STORE
10.50
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 17
2/15/2011CITY OF ST LOUIS PARK 13:53:32R55CKSUM LOG23000VO
17Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
31.18WATER UTILITY G&A TELEPHONEUSA MOBILITY WIRELESS INC
31.18
97,990.80CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIVALLEY PAVING INC
97,990.80
300.00BASKETBALLOTHER CONTRACTUAL SERVICESVANG, WILLIAM
300.00
163.71ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM
163.71
1,280.28VOICE SYSTEM MTCE TELEPHONEVERIZON WIRELESS
73.76COMMUNICATIONS/GV REIMBURSEABL TELEPHONE
1,354.04
293.48WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR
293.48
500.00ADMINISTRATION G & A LIQUORW2005 WYN HOTELS LP
500.00
95.20PARK AND RECREATION BALANCE SH INVENTORYWALSER CHRYSLER JEEP
95.20
230.00PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICESWASTE TECHNOLOGY INC
230.00
495.90WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC
495.90
664.66CONCESSIONS/HOCKEY ASSOC CONCESSION SUPPLIESWATSON CO INC
664.66
875.62WATER UTILITY G&A BUILDING MTCE SERVICEWEBER ELECTRIC
984.06WATER UTILITY G&A EQUIPMENT MTCE SERVICE
697.00SEWER UTILITY G&A BUILDING MTCE SERVICE
697.01STORM WATER UTILITY G&A BUILDING MTCE SERVICE
3,253.69
700.00BASKETBALLOTHER CONTRACTUAL SERVICESWELDON, DAN
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 18
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18Page -Council Check Summary
2/11/2011 -1/29/2011
Vendor AmountBusiness Unit Object
700.00
415.92BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIESWIPERS & WIPES INC
415.92
108.00ELECTRICAL SYSTEM MTCE BUILDING MTCE SERVICEWOLNEY ELECTRIC LLC
108.00
13.36ORGANIZED REC G & A GENERAL SUPPLIESWRAP CITY GRAPHICS
13.36
12,898.59FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY
4,513.93PARK MAINTENANCE G & A ELECTRIC SERVICE
321.13PARK BUILDING MAINTENANCE ELECTRIC SERVICE
14,603.36ENTERPRISE G & A ELECTRIC SERVICE
850.00ARENA MAINTENANCE EQUIPMENT PARTS
26,440.36WATER UTILITY G&A ELECTRIC SERVICE
21.69OPERATIONSELECTRIC SERVICE
150.14OPERATIONSELECTRIC SERVICE
59,799.20
9,152.68PARK AND RECREATION BALANCE SH INVENTORYYOCUM OIL CO INC
9,152.68
701.66PARK AND RECREATION BALANCE SH INVENTORYZIEGLER INC
701.66
179.73ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING
211.81PARK MAINTENANCE G & A GENERAL SUPPLIES
211.81WATER UTILITY G&A GENERAL SUPPLIES
603.35
Report Totals 1,195,254.31
City Council Meeting of February 22, 2011 (Item No. 4i)
Subject: Vendor Claims Page 19
Meeting Date: February 22, 2011
Agenda Item #: 6a
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:
Public Hearing to Consider Allocation of 2011 Grant Year Community Development Block
Grant (CDBG) Funds.
RECOMMENDED ACTION:
Mayor to close the public hearing. Motion to Adopt Resolution approving proposed use of 2011
Urban Hennepin County Community Development Block Grant Program Funds and authorizing
execution of Subrecipient Agreement with Hennepin County and any Third Party Agreements.
POLICY CONSIDERATION:
Does the City Council concur with the recommendations made for the allocation of the 2011
CDBG funds?
BACKGROUND:
At this time each year the City must decide how to use its annual allocation of CDBG Funds.
The City must submit its proposed use of the allocation to Hennepin County by February 24th.
Prior to submittal, the City must hold a public hearing. Council received an update on the
proposed 2011 allocation at its January 24, 2011 study session via a written report.
The St. Louis Park Housing Authority reviewed the proposed allocation at its February 9, 2011
meeting. The Commissioners supported the allocation and strongly supports the single family
home emergency grant program for our lowest income homeowners. They suggested that if the
final funding level is reduced for 2011, and adjustments to the allocation are necessary, the
Emergency Repair Program for low-income homeowners not be reduced.
CDBG funds are US Housing and Urban Development (HUD) funds distributed through
Hennepin County. The City is estimated to receive $222,431 in federal CDBG funds in 2011;
the same amount allocated in 2010. However, the funding level for 2011 is uncertain at this time
for two reasons. First, Congress has not yet determined 2011 funding levels; Congress passed a
short term resolution for 2011 appropriations to keep government operations going through
March 4, 2011, which froze spending on CDBG at 2010 levels. Cuts are anticipated in the 2011
and 2012 CDBG budget. Second, the County and in-turn the City’s allocation is based on a
HUD formula which considers: 1) population; 2) number of persons with incomes at or below
poverty; and 3) overcrowded housing units within the City compared to the rest of Urban
Hennepin County. It is likely that the new 2010 Census population data may affect the
allocation amounts for both the County and City. The County has advised we keep the proposed
allocation flexible to allow for either a decrease or increase in the final allocation amount and the
attached draft resolution does so.
City Council Meeting of February 22, 2011 (Item No. 6a) Page 2
Subject: Public Hearing to Consider Allocation of 2011 Grant Year Community Development Block Grant Funds
The national objectives of the CDBG program are:
• Benefit low and moderate-income persons (moderate is defined as up to 80% of median
income or $67,200 for a family of four, and low is defined as up to 50% of median income or
$42,000 for a family of four in 2010).
• Prevention or elimination of slum or blight.
• Meet a particular urgent community development need.
From a policy perspective, the City Council has typically focused CDBG funds on “sticks and
bricks” improvements to the housing stock for low-income families, for both single-family
owners and multifamily housing residents. Over the past years a small portion of funds have
been allocated to support public services for St. Louis Park Housing Authority (SLPHA)
residents and park programming for low-income youth as well as assisting with renovations at
Lenox Center and STEP’s acquisition of a new facility.
Proposed 2011 CDBG Allocation
The proposed use of our allocation of CDBG funds reflect the priorities described in Vision St.
Louis Park, the City’s housing goals adopted by the Council in the Comprehensive Plan and the
CDBG national objectives. These priorities include preserving existing housing and increasing
affordable ownership opportunities.
This year’s proposed allocation is summarized in Table 1 below, which is followed by
descriptions of the proposed activities. Sixty-five percent of the allocation or $144,931 of the
$222,431 focuses on assisting low-income single family homeowners with emergency repairs,
rehab loans and affordable ownership opportunities. The remainder is proposed to assist St.
Louis Park Emergency Program (STEP) with roof replacement at their facility and a small
amount is proposed to leverage youth park programming at Meadowbrook Manor and Aquila
Park.
The city’s non-profit affordable housing providers have historically received CDBG funds to
assist with their building renovations. They have completed significant renovations in recent
years and with the continued high need for the single family homeowner assistance and STEP’s
proposed roofing project, staff did not solicit requests from them this year, nor did any come
forward requesting CDBG assistance.
Table 1: Proposed 2011 CDBG Allocation
Project Activity
Proposed
Allocation
Ongoing
Activity
Low-Income Single Family Ownership Assistance
Low Income Single Family Emergency Repair Program $37,500 yes
Low Income Single Family Home Rehab Loan $65,431 yes
Affordable Housing Land Trust – Homes within Reach $20,000 yes
Habitat for Humanity – Acquisition 3317 Texas Ave $22,000 new
Low-Income Community Assistance
STEP Roof Replacement $70,000 new
Public Service – Youth Park Programming at Meadowbrook & Aquila $7,500 yes
Total $222,431
City Council Meeting of February 22, 2011 (Item No. 6a) Page 3
Subject: Public Hearing to Consider Allocation of 2011 Grant Year Community Development Block Grant Funds
Emergency Repair Program – Single Family $37,500
This program is consistent with the Council’s focus on stick and bricks and has proven its
responsiveness to low income seniors and vulnerable residents with annual incomes of 50% or
less of the median area income, or $29,400 for a single person household, and assets less than
$25,000. It provides grants of up to $4,000 for emergencies such as leaking roofs, plumbing
repairs and water heaters. Community Action Partners for Suburban Hennepin County (CAPSH)
currently administers this program for the City. This is an ongoing CDBG activity due to the
ongoing need of low income homeowners in St. Louis Park.
Low Income Single Family Home Rehab Loan Program- $65,431
This is the primary ongoing CDBG rehab loan program targeted for homeowners with annual income
of 50% or less of the median area income, or $42,000 for a household of 4, and assets less than
$25,000. The rehab focuses on improvements to bring homes into code compliance and provide long-
term maintenance free housing. The maximum loan amount is $25,000 and is forgiven after 15 years.
Repayment is required if homeowners sell the property before the 15-year period expires.
The demand for our low-income home improvement loans and grants continues to be high. Despite
significant funding in 2010 there is still a waiting list for the low income single family deferred loan
program. Last year $128,955 was allocated and 6 residents were assisted. Continued support along
with the program income realized from repayment of previous CDBG deferred loans, should make it
possible to serve five residents. This program is administered by Hennepin County Housing staff.
Affordable Housing Land Trust – Homes within Reach $20,000
Homes within Reach is a program of West Hennepin Housing Land Trust that purchases homes
and sells them to low income homeowners. Buyers pay for the cost of the building only and
lease the land for 99 years. St. Louis Park funds are leveraged with Met Council and Hennepin
County HOME funds, and Homes within Reach administers this activity. Homes within Reach
has purchased seven homes in the city that have been sold to low income families. This program
is consistent with the Council’s focus on using CDBG funds for “sticks and bricks” activities.
Habitat for Humanity - $22,000
The City has the opportunity to partner with Twin Cities Community Land Bank (TCCLB) and
Habitat for Humanity to construct a new affordable single family home on the 3317 Texas Ave
property. The blighted substandard home on this lot was demolished in 2010, consistent with
Council action and Court orders.
The City has not partnered with Habitat on developing affordable single family homes since
housing prices began escalating in the 2000s. The land and home values simply exceeded costs
that Habitat could manage; however Habitat has the opportunity to purchase this lot for $22,000.
The bank owner of this property opted to sell to the lot to TCCLB, which is a newly formed
entity that purchases primarily foreclosed homes from lenders before they go for sale to the
public. TCCLB will hold the lot until Habitat can purchase the parcel with CDBG assistance.
Habitat will fund the full construction costs and ensure that a low income family purchases and
retains the home. This project meets two housing objectives: replacement of a blighted property
with affordable owner occupancy.
City Council Meeting of February 22, 2011 (Item No. 6a) Page 4
Subject: Public Hearing to Consider Allocation of 2011 Grant Year Community Development Block Grant Funds
STEP - $70,000
STEP has requested CDBG funds to repair and replace the roof at their new location. See
attached letter. When STEP acquired the Lake Street facility the condition of the roof was
known, yet the cost of repair exceeded the acquisition and construction budget. The City assisted
STEP with 2008 CDBG funds of $56,500 for the acquisition. STEP serves the population
allowed under CDBG income guidelines and as stated in their request for funding, CDBG funds
will allow them to use their limited operational funds to meet the needs of our low income
residents.
Public Service – SLP Park and Rec. Programming at Meadowbrook Manor and Aquila
Parks - $7,500
The Park and Recreation Department provides park programming to children at the
Meadowbrook Manor Apartment Community and the Aquila Park community. The $7,500
would provide an enhanced level of programming and ensure affordable registration fees at both
the Meadowbrook Manor and Aquila Park in 2011. The youth park programming has been
funded with CDBG funds 2007. Both Meadowbrook Manor and Aquila Parks are CDBG
eligible sites based on the poverty levels in these neighborhoods.
NEXT STEPS:
February 24, 2011 Deadline for submission of CDBG Application to Hennepin County.
FINANCIAL OR BUDGET CONSIDERATION:
CDBG funds allow cities discretion (within the HUD guidelines), to fund projects that meet the
national low income objectives and the needs of cities. St. Louis Park will receive an estimated
$222,431 in 2011. The 2011 CDBG year runs from July 1, 2011 through December 31, 2012.
Staff anticipates the proposed projects can expend the funds in a timely manner as has been our
historical practice of fully expending CDBG funds.
In the event the final allocation is less than estimated, staff concurs with the Housing Authority’s
input to retain the Emergency Repair Program’s funding level and reduce the other allocations.
In the event the final allocation is more than estimated, the additional funds would be allocated
to the Emergency Repair Program. Staff will keep Council apprised of actual funding amounts.
VISION CONSIDERATION:
The City Councils adopted Strategic Direction related to housing is, “St. Louis Park is committed
to providing a well-maintained and diverse housing stock”. The use of CDBG funds for the
proposed allocation is consistent with this direction and the national objectives to benefit low and
moderate income persons.
Attachments: Draft Resolution
St. Louis Park Emergency Program’s (STEP) request for funding
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
City Council Meeting of February 22, 2011 (Item No. 6a) Page 5
Subject: Public Hearing to Consider Allocation of 2011 Grant Year Community Development Block Grant Funds
DRAFT RESOLUTION NO. 11-_____
RESOLUTION APPROVING PROPOSED USE OF 2011 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND
AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN
COUNTY AND ANY THIRD PARTY AGREEMENTS
WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community
Development Block Grant Program; and
WHEREAS, the City of St. Louis Park has developed a proposal for the use of 2011
Urban Hennepin County Community Development Block Grant funds made available to it; and
WHEREAS, the City held a public hearing on February 22, 2011 to obtain the views of
citizens on housing and community development needs and priorities and the City's proposed use
of $222,431.00 from the 2011 Urban Hennepin County Community Development Block Grant.
BE IT RESOLVED, that the City Council of St. Louis Park approves the following
projects for funding from the 2011 Urban Hennepin County Community Development Block
Grant Program and authorizes submittal of the proposal to Hennepin County.
Activity Budget
Low Income Single Family Emergency Repair Program $37,500
Low Income Single Family Home Rehab Loan $65,431
Affordable Housing Land Trust – Homes within Reach $20,000
Habitat for Humanity – Acquisition 3317 Texas Ave $22,000
St. Louis Park Emergency Program Roof Replacement $70,000
Public Service – Youth Park Programming at Meadowbrook & Aquila $7,500
Total $222,431
BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the
Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party
Agreement on behalf of the City to implement the 2011 Community Development Block Grant
Program.
BE IT FURTHER RESOLVED, that should the final amount of FY2011 CDBG
available to the city be different from the preliminary amount provided to the city, the City
Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or
decrease in funding.
ADOPTED: the 22nd day of February 2011
Reviewed for Administration: Adopted by the City Council February 22, 2011
City Manager
Mayor
Attest:
City Clerk
City Council Meeting of February 22, 2011 (Item No. 6a)
Subject: Public Hearing to Consider Allocation of 2011 Grant Year Community Development Block Grant Page 6
Meeting Date: February 22, 2011
Agenda Item #: 8a
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:
2011 Liquor License Renewal - Toby Keith’s I Love This Bar and Grill.
RECOMMENDED ACTION:
Motion to adopt Resolution approving Liquor License Renewal for Toby Keith’s I Love This Bar
and Grill for the license year term of March 1, 2011 through March 1, 2012 with the condition
that the licensee will be put on a probationary status for 6 months and continue to undertake
steps to meet liquor license compliance requirements, and provide a second report of food and
liquor sales by September 15, 2011.
POLICY CONSIDERATION:
Does Council wish to approve renewal of a liquor license for Toby Keith’s I Love This Bar and
Grill with the conditions proposed by staff?
BACKGROUND:
The City received the renewal application from Toby Keith I Love This Bar and Grill
establishment for renewal of their on-sale intoxicating and Sunday liquor license. All criteria
were met except for the ordinance requirement regarding the food and liquor sales ratio. Section
3-70 (g) requires an on-sale intoxicating liquor licensee to meet the requirement of at least 50%
of the gross receipts attributable to the sale of food.
Toby Keith’s I Love This Bar & Grill current liquor license expires on March 1, 2011. All other
liquor license renewals were approved at the February 7, 2011 council meeting for the next term
through March 1, 2012.
The liquor license renewal application requires establishments to report their total food and
liquor sales for the previous year. Toby Keith’s I Love this Bar and Grill liquor license
application was initially approved by council on April 5, 2010 and began operation June 4, 2010.
Philip Lama, Chief Financial Officer of the company, stated that since they have not been in
operation for a full 12 months, the food and liquor sales did not represent an accurate picture of
their ratios that are consistent with their restaurants in other states. Mr. Lama reported 30.92%
total gross food sales and 67.16% total gross liquor sales from receipts of their 7 months of
operation in 2010 from June-December.
Attached to this report is a letter received from Kent Kramer, General Manager and Larry
Cappos, Director of Operations of Toby Keith’s I Love This Bar & Grill, addressing the food
sales compliance issue.
City Ordinance Section 3-70 (g) allows the city to place the license of any on-sale intoxicating
liquor licensee on probationary status for up to one year, when the sale of food is reported, or
found to be less than 50 percent of gross receipts for any business year. During the probationary
period, the licensee shall prepare any plans and reports, participate in any required meetings and
take other action that the city may require to increase the sale of food.
City Council Meeting of February 22, 2011 (Item No. 8a) Page 2
Subject: 2011 Liquor License Renewal - Toby Keith’s I Love This Bar and Grill
City Ordinance Section 3-71 states the city council may attach special conditions to the approval
of a liquor license based upon the nature of the business, the location of the business and verified
complaints, if any, to protect the health, safety, welfare and quietude of the city, and ensure
harmony with the location where the business is located. Violation of any of the conditions shall
be grounds for revocation of the license.
City Ordinance 3-67 states in determining whether a renewal license shall be granted, the city
council shall consider (in addition to state statutes and city ordinances) whether the applicant has
or will take affirmative action to minimize public safety problems commonly associated with
on-sale liquor establishments, including, but not limited to, driving while intoxicated (DWI)
drivers, illegal sale to minors, disturbing the peace, etc.
Staff is proposing the following conditions be included in the resolution for council
consideration of the renewal of the liquor license for Toby Keith’s I love This Bar:
1. The licensee will be put on a probationary status for 6 months.
2. The license shall provide a second report of food and liquor sales for the period of
January 1, 2011 through August 31, 2011 by September 15, 2011.
3. The licensee will continue working with city staff to meet liquor license compliance
requirements.
4. Staff will report probationary results to Council in September 2011 and, if in non-
compliance, council may take further action during this license period up to and
including revocation of the license.
FINANCIAL OR BUDGET CONSIDERATION:
Fees are set based on state statute and are only charged to the extent necessary to cover costs
incurred by the city for services provided by Administrative Services, Police, and Inspections
Departments and are budgeted each year to support the General Fund.
VISION CONSIDERATION:
Not Applicable
Attachments: Letter from Toby Keith’s I Love this Bar
Resolution
Prepared by: Nancy Stroth, City Clerk
Reviewed by: Tom Scott, City Attorney
Approved by: Tom Harmening , City Manager
City Council Meeting of February 22, 2011 (Item No. 8a) Page 3
Subject: 2011 Liquor License Renewal - Toby Keith’s I Love This Bar and Grill
Toby Keith’s I Love This Bar & Grill
1623 Park Place Boulevard
Saint Louis Park, Minnesota 55416
Phone: 763-450-9999
Fax: 763-450-0625
February 9, 2011
Below is an outline of what we are proposing that may help increase our food sales in order to
become compliant.
• We have reengineered our menu to help drive food sales by adding more of a variety that
will appeal to a broader range of guests. This will help us increase the frequency that our
guests visit us for lunch/dinner. The menu includes several changes to the appetizer menu
which will appeal to more of our late night crowd.
• We will offer our full menu later in to the evening before changing over to the late night
menu.
• We have taken a price increase on our new menu while leaving our bar pricing in place.
• We are going to have our patio opened starting this spring adding 50 seats outside. We
hope to add an estimated 50 seats to our dining section as well to help drive food sales on
busy nights. This will be done by utilizing our semi private dining rooms. We hope to
bring down our 2 hour wait time which can lead to guests leaving our establishment in
search of other dining options. When we opened in June of last year we did not want to
compromise the guest experience by adding 100 more seats to a brand new kitchen.
• We have reviewed our 2011 advertising plan to focus more on driving lunch/dinner food
sales which will lead to an increase in repeat guests. This will help us to develop a more
aggressive plan to create Daily Specials that will drive food sales.
• During the first several months of being open we found several mistakes in our Register
System that caused items not to be recorded in the proper area causing Food sales to be
included in Liquor sales.
Kent Kramer General Manager
Larry Cappos Director of Operations
City Council Meeting of February 22, 2011 (Item No. 8a) Page 4
Subject: 2011 Liquor License Renewal - Toby Keith’s I Love This Bar and Grill
PROPOSED RESOLUTION NO. 11- _____
RESOLUTION APPROVING ISSUANCE OF
LIQUOR LICENSE RENEWAL WITH CONDITIONS
FOR CRGE MINNEAPOLIS, LLC
DBA TOBY KEITH’S I LOVE THIS BAR,
1623 PARK PLACE BOULEVARD
FOR MARCH 1, 2011 THROUGH MARCH 1, 2012
WHEREAS, Minnesota Statutes Chapter 340A and St. Louis Park Ordinance Code
Chapter 3 provide for liquor licensing in cooperation with the Alcohol and Gambling
Enforcement Division of the Minnesota Department of Public Safety, and
WHEREAS, no license may be issued or renewed if required criteria has not been met,
and
WHEREAS, City Ordinance Section 3-70 (g) allows the city to place the license of any
on-sale intoxicating liquor licensee on probationary status for up to one year, when the sale of
food is reported, or found to be, less than 50 percent of gross receipts for any business year, and
NOW THEREFORE BE IT RESOLVED by the City of St. Louis Park City Council
that the issuance of the on-sale intoxicating and Sunday liquor license for CRGE Minneapolis,
LLC, dba Toby Keith’s I Love This Bar and Grill is hereby approved for March 1, 2011 to
March 1, 2012 with the following conditions:
1. The licensee will be put on a probationary status for 6 months.
2. The license shall provide a second report of food and liquor sales for the period of
January 1, 2011 through August 31, 2011 by September 15, 2011.
3. The licensee will continue working with city staff to meet liquor license compliance
requirements.
4. Staff will report probationary results to Council in September 2011 and, if in non-
compliance, council may take further action during this license period up to and
including revocation of the license.
Reviewed for Administration: Adopted by the City Council February 22, 2011
City Manager Mayor
Attest:
City Clerk
Meeting Date: February 22, 2011
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:
Gambling Premises Permit for Plymouth Lions Club.
RECOMMENDED ACTION:
Motion to adopt Resolution approving issuance of a premises permit for lawful gambling to be
conducted by Plymouth Lions Club at Toby Keith’s I Love This Bar & Grill located at 1623 Park
Place Boulevard in St. Louis Park.
POLICY CONSIDERATION:
Does the Council wish to approve a premises permit for Plymouth Lions to operate pull tabs at
Toby Keith’s I Love This Bar & Grill?
BACKGROUND:
Plymouth Lions has submitted an application for a premises permit to conduct lawful gambling
in the form of pull-tabs inside Toby Keith’s I Love This Bar & Grill at 1623 Park Place
Boulevard. The Plymouth Lions Club, Inc. is a registered non-profit corporation with the
Minnesota Secretary of State and is listed in good standing as of 2010. The officers are as
follows:
• Kristian St. Martin, CEO
• James Bremer, Vice President
• Ronald Moore, Secretary
• Harold Miller, Treasurer
• Tracy Ohlendorf, Gambling Manager
The Plymouth Lions Club currently operates two lawful gambling booths in the City of
Plymouth - Cowboy Jack’s Saloon and Joe Senser’s Sports Theatre.
CRGE Minneapolis LLC, dba Toby Keith’s I Love This Bar & Grill has authorized a lease
agreement with Plymouth Lions Club for use of their space to conduct lawful gambling in the
form of pull-tab operations.
Attached to this report is a letter received from Kris St. Martin, Plymouth Lions Club Manager
regarding proposed donations benefiting St. Louis Park residents.
Distribution of Proceeds Requirements
City Code Section 15-8 requires each organization to contribute 10% of net profits derived from
each site where lawful gambling is conducted within the city to a fund administered and
regulated by the City. Organizations are exempt if either they expend 100% within the City of
St. Louis Park or conduct gambling on a premises owned and operated by a nonprofit
corporation. Based on the letter providing by the Plymouth Lions, the organization will be
required to make the 10% contribution to the City which can only be expended by the City for
those uses authorized by state statute.
City Council Meeting of February 22, 2011 (Item No. 8b) Page 2
Subject: Gambling Premises Permit for Plymouth Lions
Each organization must also expend 90 percent of its lawful purpose expenditures within the
trade area of St. Louis Park which includes Plymouth, Edina, Hopkins, Minnetonka, Golden
Valley, and Minneapolis. The city does not have authority on what specific lawful purpose
expenditures must be made. That authority rests with the organization and its membership.
City Code Section 15-8 requires organizations to submit monthly gambling reports. The required
reports are a copy of the monthly Schedule C/D – LG1010 submitted to the State Gambling
Board.
Local Tax Requirements
As of January 1, 2011, City Code Section 15-9 requires organizations to pay the city a tax of 3%
of the gross receipts less prizes, or an annual amount of $3,000, whichever is less.
In July of 2009, the State Legislature made changes to gambling law statutes and organizations
are no longer required to renew their premises permits. Licenses issued are now perpetual and
are valid unless suspended or revoked by the Board, terminated by the organization, or if the
license lapses. A license will be considered lapsed if the organization does any of the following
(MN Statute 349.16):
• Failed to conduct and report any gambling sales activity within seven months from
the date of the last gambling activity.
• Failed to have a gambling manager as required.
• Failed to pay annual license and permit fees.
• Surrenders, withdraws, or otherwise terminates the license and files a termination
plan.
City Code Section 15-6 states each application for a premises permit shall be approved or
disapproved by resolution of the city council within 60 days of receipt of a completed
application. The application from Plymouth Lions Club was received January 21, 2011.
The Police Department has conducted a background investigation on the organization. The St.
Louis Park Police Department and Plymouth Police Department records show no past issues with
the Plymouth Lions Club. Should the City Council approve the application, the resolution of
approval will be forwarded to the State Gambling Control Board who regulates state gambling
and is responsible for issuing the gambling premises permit.
FINANCIAL OR BUDGET CONSIDERATION:
Organizations authorized to conduct lawful gambling are required to pay the city a local
gambling tax to cover the costs to regulate gambling in the annual amount of $3,000 per
premises or 3% of the gross receipts from all lawful gambling less prizes actually paid out by the
organization, whichever is less.
VISION CONSIDERATION:
Non Applicable.
Attachments: Letter from Plymouth Lions Club
Resolution
Prepared by: Nancy Stroth, City Clerk
Approved by: Tom Harmening, City Manager
City Council Meeting of February 22, 2011 (Item No. 8b) Page 3
Subject: Gambling Premises Permit for Plymouth Lions
Letter from the Plymouth Lions Club
To: Nancy Stroth, City of St Louis Park
From: Plymouth Lions
Date: February 16, 2011
Re: Gambling Premises Permit
The purpose of this letter is to further clarify the process of how the donations from the gaming
program at Toby Keiths will be distributed. The Plymouth Lions will be looking for
opportunities to make donations that will benefit the residents of St. Louis Park. We plan to work
closely with the St. Louis Park Lions to help identify needs in St. Louis Park and in the “trade
area” of St. Louis Park as defined by City code. We will expend at least 90 percent of lawful
purpose expenditures within the “trade area” of St. Louis Park which includes Plymouth, Edina,
Hopkins, Minnetonka, Golden Valley, and Minneapolis
The Lions have set these donation parameters:
• Between 5% and 10% of the donations will go to Community organizations or events in St.
Louis Park (Girls Scouts, parades, school fundraisers etc.)
• At least 50% of the donations will go to “Needs Based” organizations or causes that
directly impact St. Louis Park (Women’s shelters, food shelves, families in distress etc.)
• Between 20% and 35%, of the donations will go to broader Lion projects and foundations
that are located within the “trade area” focused primarily on vision and hearing issues.
(Park Nicollet International Diabetes Center through Methodist Hospital, Minnesota Lions
Eye Bank through University of Minnesota)
The funds generated by Toby Keiths will be identifiable on our books as a separate category
from other gaming locations and we will provide an accurate accounting to the City.
For your consideration, we offer that the license be granted for a one year probationary period.
This will allow for a review of the program and the donations. We are confident that the city will
be pleased with the quality of how we operate as well as where the donations are directed.
Kris St. Martin
President
Plymouth Lions Club
City Council Meeting of February 22, 2011 (Item No. 8b) Page 4
Subject: Gambling Premises Permit for Plymouth Lions
RESOLUTION NO. 11 -_____
RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT
FOR LAWFUL GAMBLING TO BE CONDUCTED BY
PLYMOUTH LIONS CLUB AT
TOBY KEITH’S I LOVE THIS BAR & GRILL
1623 PARK PLACE BOULEVARD
WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code
Chapter 15 provide for lawful gambling licensing by the State Gambling Control Board; and
WHEREAS, a licensed organization conducting gambling on a premises within the City
of St. Louis Park shall contribute an amount equal to 10 percent (10%) of the organization’s net
profits derived from each individual site to a fund administered and regulated by the City, for
distribution by the city for lawful purposes authorized under Minnesota Statute; and
WHEREAS, organizations that either expend 100 percent of their lawful purpose
expenditures within the City of St. Louis Park or conduct the lawful gambling activity on a
premises owned and operated by a nonprofit corporation are exempt from making the 10 percent
contribution to the city; and
WHEREAS, a licensed organization conducting gambling on a premises within the City
of St. Louis Park must expend 90 percent (90%) of its lawful purpose expenditures on lawful
purposes conducted or located within the trade area; and
WHEREAS, a licensed organization conducting gambling on a premises within the City
of St. Louis Park shall pay to the city on a prorated monthly basis a local gambling tax in the
annual amount of $3,000 per premises or three percent (3%) of the gross receipts from all lawful
gambling less prizes actually paid out , whichever is less; and
WHEREAS, a licensed organization is required to submit monthly gambling reports to
the City Clerk’s office on a timely basis; and
WHEREAS, a licensed organization may not conduct lawful gambling at any site unless
it has first obtained from the State Gambling Control Board a premises permit for the site; and
WHEREAS, the State Gambling Control Board may not issue a premises permit unless
the organization submits a resolution from the City Council approving the premises permit;
therefore,
BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed
above meets the criteria necessary to receive a premises permit, and the application is hereby
approved.
Reviewed for Administration: Adopted by the City Council February 22, 2011
City Manager Mayor
Attest:
City Clerk
Meeting Date: February 22, 2011
Agenda Item #: 8c
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:
Operating Agreement with St. Louis Park Convention and Visitors Bureau.
RECOMMENDED ACTION:
Motion to approve the proposed Operating Agreement between the City of St. Louis Park and the
St. Louis Park Convention and Visitors Bureau.
POLICY CONSIDERATION:
Does the City Council approve of the proposed Operating Agreement between the City of St.
Louis Park and the St. Louis Park Convention and Visitors Bureau (CVB) as presented?
BACKGROUND:
On December 20, 2011 the City Council approved an ordinance establishing a 3% lodging tax
that would serve as the primary revenue source for a new St. Louis Park Convention and Visitors
Bureau. Since that time articles of incorporation for the new organization have been filed with
and Secretary of State’s office and the paperwork designating the CVB as a 501(c)(6)
organization has been filed with the IRS. In addition, the Board of Directors for the new CVB
has been selected and they held their first meeting on February 8, 2011. At that meeting the
Board elected officers and approved Bylaws, the proposed Operating agreement with the City,
and the retention of an executive search firm (SearchWide) to coordinate the recruitment of a
professional CVB president.
The proposed Operating Agreement delineates the working relationship between the CVB and
the City of St. Louis Park. It specifies the responsibilities and services to be rendered by both
parties particularly during the CVB’s first year of operation. It was prepared by the City Attorney
and staff.
Key Provisions within the proposed Operating Agreement
Term. The term of the Agreement shall commence upon mutual approval of the parties and
continue until cessation by mutual agreement or until withdrawal by one of the parties in
accordance with the following provisions:
A. The party withdrawing from the Agreement shall provide the other party ninety
(90) days written notice to that effect.
B. In the event that the Agreement is terminated, the Bureau shall promptly remit to
the City all unobligated proceeds held by the Bureau generated from the lodging
tax imposed under City ordinance.
City Council Meeting of February 22, 2011 (Item No. 8c) Page 2
Subject: Operating Agreement with St. Louis Park Convention and Visitors Bureau
Services Rendered by Bureau. The Bureau shall furnish the following services:
A. Informational services in responding to inquiries about the City via U.S. Mail,
computer (internet), advertising, telephone, wireless devices, and personal
contacts.
B. Provide planning, coordination, and registration assistance to organizations,
business and groups.
C. Supply support material including, but not limited to name badges, maps,
promotional brochures, accommodations lists and other marketing or event
information in general.
D. Prepare and present audiovisual presentations to groups to attract visitors,
meetings, convention and special events to the City and the area.
E. Distribute brochures, maps, and guides of the city/area to potential visitors,
businesses, and to meeting and event planners.
F. Provide representation at trade shows, conventions, and exhibits to attract new
visitors to the City.
G. Promote the City as a destination through area, statewide, regional, national and
international advertising and marketing of the City and the area’s hospitality
industry and attractions.
H. Promote and support local festivals and special events.
Services Rendered by City. The City shall furnish the following services:
A. Provide temporary services for a period of time not to exceed December 31, 2011,
which include but not be limited to office space, payroll services, human resource
functions, accounting and audit services, administrative support, etc.
Budget. The Bureau shall submit its annual operating budget for review and approval by the
City prior to September 1 of each year. Such budget shall detail specifically the uses to which
monies received shall be spent to provide such services.
Funding. On or near the 15th day of each month, the City shall remit to the Bureau, for funding
of the Bureau, 95% of the lodging tax payments received by the City, less refunds, in the
preceding month during the term of this Agreement.
Reimbursement of Organizational Expenses. St. Louis Park’s Local Lodging Tax ordinance
becomes effective March 1, 2011. As a result, there will undoubtedly be a lag between revenue
collected and start-up expenditures incurred by the new organization. The City has expressed a
willingness to temporarily lend the new CVB the funds necessary to cover the cost of these
initial expenditures. Staff estimates that the CVB will have incurred approximately $65,000 in
start-up expenditures. Such funding would derive from the City’s Development Fund. The
proposed Operating Agreement states that on or about August 1st the City shall submit to the
CVB an itemized statement of the expenses the City incurred in the formation of the CVB
including attorneys’ fees for drafting ancillary documents. The CVB shall then reimburse the
City Council Meeting of February 22, 2011 (Item No. 8c) Page 3
Subject: Operating Agreement with St. Louis Park Convention and Visitors Bureau
City for such expenses on or before October 31st. It is estimated by that time sufficient lodging
tax revenue should have been received by the CVB to fully reimburse the City for the expenses
the City incurred on the CVB’s behalf.
VISION CONSIDERATION:
St. Louis Park is committed to being a connected and engaged community. The intent behind the
formation of a CVB is that it would strengthen awareness of St. Louis Park as a convention and
visitor destination and stimulate additional economic activity within the community.
Attachments: Operating Agreement between the City of St. Louis Park and the St. Louis
Park Convention and Visitors Bureau
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager and EDA Executive Director
City Council Meeting of February 22, 2011 (Item No. 8c) Page 4
Subject: Operating Agreement with St. Louis Park Convention and Visitors Bureau
CITY OF ST. LOUIS PARK
AND
ST. LOUIS PARK CONVENTION AND VISITORS BUREAU
OPERATING AGREEMENT
THIS AGREEMENT made and entered into this 8th day of February, 2011, by and
between the City of St. Louis Park, a Minnesota municipal corporation hereinafter referred to as
“City” and St. Louis Park Convention and Visitors Bureau, a Minnesota non-profit corporation,
hereinafter referred to as the “Bureau”.
WHEREAS, the City has imposed a tax on lodging to fund a convention and visitors
bureau in accordance with Minnesota Statutes, Section 469.190; and
WHEREAS, the Bureau has the staff, facility, and experience to carry out the objectives
of promoting the City as a destination for all forms of tourism including visitors, meetings,
conferences, and conventions.
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall commence on the 22nd day of February,
2011, and continue until cessation by mutual agreement or until withdrawal by one of
the parties hereto in accordance with the following provisions:
A. The party withdrawing from this Agreement shall provide the other party written
notice to that effect.
B. Withdrawal shall be effective ninety (90) days after written notice of withdrawal
is given.
C. In the event that this Agreement is terminated, the Bureau shall promptly remit to
the City all unobligated proceeds held by the Bureau generated from the lodging
tax imposed under City ordinance.
2. Services Rendered by Bureau. The Bureau shall furnish the following services:
A. Informational services in responding to inquiries about the City via U.S. Mail,
computer (internet), advertising, telephone, wireless devices, and personal
contacts.
B. Provide planning, coordination, and registration assistance to organizations,
business and groups.
C. Supply support material including, but not limited to name badges, maps,
promotional brochures, accommodations lists and other marketing or event
information in general.
D. Prepare and present audiovisual presentations to groups to attract visitors,
meetings, convention and special events to the City and the area.
E. Distribute brochures, maps, and guides of the city/area to potential visitors,
businesses, and to meeting and event planners.
F. Provide representation at trade shows, conventions, and exhibits to attract new
visitors to the City.
City Council Meeting of February 22, 2011 (Item No. 8c) Page 5
Subject: Operating Agreement with St. Louis Park Convention and Visitors Bureau
G. Promote the City as a destination through area, statewide, regional, national and
international advertising and marketing of the City and the area’s hospitality
industry and attractions.
H. Promote and support local festivals and special events.
3. Services Rendered by City. The City shall furnish the following services:
A. Provide temporary services for a period of time not to exceed December 31, 2011,
which include but not be limited to office space, payroll services, human resource
functions, accounting and audit services, administrative support, etc.
4. Charges. Basic services provided pursuant to Paragraph Two (2) of this Agreement
shall be without charge to the person or organization utilizing such services unless
authorized by contractual agreement or action of the Bureau’s Board of Directors.
5. Budget. The Bureau shall submit its annual operating budget for review and approval
by the City prior to September 1 of each year. Such budget shall detail specifically
the uses to which monies received shall be spent to provide such services as described
in Paragraph Two (2) of this Agreement.
It is understood between the parties that the actual revenues being generated under
Paragraph Five (5) may vary from the amounts anticipated in the budget. For this
reason it is agreed that the budget may be modified without prior consent of the City,
providing that any adjustments shall be made by a two-thirds vote of the Bureau’s
Board of Directors.
Notwithstanding any other language to the contrary the Bureau shall not expend any
sums beyond its revenues.
6. Funding. On or near the 15th day of each month, the City shall remit to the Bureau,
for funding of the Bureau, 95% of the lodging tax payments received by the City, less
refunds, in the preceding month during the term of this Agreement.
7. Reimbursement of Organizational Expenses. On or before August 1st 2011 the City
shall submit to the Bureau an itemized statement of the expenses, including attorneys
and consulting fees, the City incurred in the formation of the Bureau including
drafting of ancillary documents. The Bureau shall reimburse the City on or before
October 31st 2011 for such expenses.
8. Verification of Expenditures. The Bureau will provide the City a copy of the
Bureau’s audited annual financial statements, showing budget figures, properly
itemized and verified by the Bureau’s president. The chief financial officer of the
City shall have the right to access the official financial books and organizational
records of the Bureau at any time during normal business hours, provided forty-eight
(48) hours notification to Bureau’s president or treasurer, to audit any items of
revenue or expenditure.
9. Hold Harmless. Any and all employees of the Bureau or any other persons, while
engaged in the performance of any service required by the Bureau under this
Agreement, shall not be considered employees of the City, and any or all claims that
City Council Meeting of February 22, 2011 (Item No. 8c) Page 6
Subject: Operating Agreement with St. Louis Park Convention and Visitors Bureau
may or might arise under the Workers’ Compensation Act of the State of Minnesota
on behalf of said employees or other persons while so engaged, and any and all
claims made by a third party as a consequence of any act or omission on the part of
the Bureau, or its agents or employees or other persons while engaged in any of the
services provided to be rendered herein, shall in no way be the obligation or the
responsibility of the City. In connection therewith, the Bureau herby agrees to
indemnify, save and hold harmless, and defend the City and all of its officers, agents,
and employees from any and all claims, demands, actions, or causes of actions of
whatever nature or character arising out of or by reason of the execution or
performance of the services provided for in this Agreement.
10. Discrimination. The Bureau, in providing services hereunder shall comply with the
provisions of Minnesota Statute, Section 181.59 as the same may be amended from
time to time. The Bureau shall not discriminate against any person or firm in any of
its activities pursuant to Minnesota Statute, Section 181.59 which is incorporated into
this Agreement as though set forth in its entirety.
11. Insurance. The Bureau shall carry insurance to cover its employees and agents while
performing services pursuant to this Agreement. Such insurance shall provide
comprehensive general liability and property damage coverage to the Bureau and its
employees and agents in such amounts as will equal the applicable limits of liability
to which the City may be held pursuant to state statute as the same may be amended
from time to time. The Bureau shall also carry Workers’ Compensation as required
by Minnesota Statute, Section 176.182 and provide the City with proof of compliance
with Section 176.182 to commencement of services thereunder.
12. Board Members. The St. Louis Park City Manager and the St. Louis Park Mayor
must be members of the Board of Directors of the St. Louis Park Convention and
Visitors Bureau.
13. Laws. The Bureau will comply with all applicable Federal, State, and local laws in
the performance of its obligations hereunder.
14. Advertisement. All brochures, listings, or advertisements of specific lodging
facilities shall include mention of all facilities paying the lodging tax imposed by the
City.
15. Integration. This document is fully integrated, embodying the entire Agreement
between the parties. Any amendment to this Agreement shall be in writing and
executed in the same manner as the Agreement.
16. Amendment. This Operating Agreement may be amended by mutual consent of both
parties.
17. Audit. The Bureau shall have an annual financial audit of the Bureau performed by
an independent certified public accounting firm. The Bureau shall furnish a copy of
this annual financial audit to the City at no cost to the City.
City Council Meeting of February 22, 2011 (Item No. 8c) Page 7
Subject: Operating Agreement with St. Louis Park Convention and Visitors Bureau
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF ST. LOUIS PARK
By: ______________________________________ Dated: __________________
Jeffrey W. Jacobs, Mayor
By: ______________________________________ Dated: __________________
Thomas K. Harmening, City Manager
ST. LOUIS PARK CONVENTION AND VISITORS BUREAU
By: ______________________________________ Dated: __________________
Its Chair of the Board
By: ______________________________________ Dated: __________________
Its Chair - Elect
Meeting Date: February 22, 2011
Agenda Item #: 8d
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:
Resolution Approving 2011 International Union of Operating Engineers (IUOE) Local #49
Labor Agreement.
RECOMMENDED ACTION:
Motion to adopt the attached Resolution approving a Labor Agreement between the City and the
IUOE Local #49, establishing terms and conditions of employment for one year, from 1/1/11 –
12/31/11.
POLICY CONSIDERATION:
Does Council wish to approve the Labor Agreement between the City and the Local 49 Union?
BACKGROUND:
Staff is pleased to bring to Council the details of this contract agreement between the City and
Union for 2011. This is the first of three open contracts for 2011. Our Fire (Local 993) and
Dispatch (Local 220) groups are still open.
The City and the Local 49 Union have had several negotiation sessions and have come to
agreement on the following changes to the contract:
• Duration of 1 year (1/1/11 – 12/31/11).
• Wage increase of 0% for 2011 (consistent with non-union and other settled
groups).
• Employer contribution for health insurance consistent with other groups for 2011
at $815 per month. If electing the high deductible health plan, the employer
contribution is set at $606.66 for premiums and $208.34 for VEBA contribution.
• Lump Sum Payment: A one time payment will be made to each Union member
in 2011 in the amount of $270.40.
COMMENT: Our Police and Sergeant unions agreed to a Deferred
Compensation contribution of $10 per pay period ($260/year). A similar
program was offered to 49ers as an employer contribution of $0.13/hour
into their pension fund. The Union chose to instead receive that
contribution as a lump sum payment.
• Holidays: New language allows for employees who are called in to work
unscheduled hours on Thanksgiving Day and Christmas Day to be compensated
at two times their hourly wage.
COMMENT: The Union requested this change due to the disruption in
their family lives on these holidays when a major snow event occurs.
• Medical Layoff Language: New language has been added allowing the City to
lay off an employee who can not medically perform the duties of their position.
The employee could then be recalled from leave if a vacancy occurs in the
bargaining group within one year and the employee is medically able to perform
the duties of the position.
City Council Meeting of February 22, 2011 (Item No. 8d) Page 2
Subject: Resolution Approving 2011 International Union of Operating Engineers Local #49 Labor Agreement
COMMENT: This is a new concept that applies to no other union or non-
union groups.
• Temporary and Seasonal Employees: New language was added limiting the
employer’s ability to hire temporary or seasonal employees in several divisions
to a 168 day window.
• Employee Funeral Leave Bank: New language was added allowing leave to be
used in accordance with the City’s new Ordinance for registered domestic
partners.
Staff is pleased with this agreement and recommends approval. The proposed contract is on file
with the City Clerk. More detail is available upon request.
FINANCIAL OR BUDGET CONSIDERATION:
Funds for this settlement are in the 2011 budget.
VISION CONSIDERATION:
Not directly applicable.
Attachment: Resolution
Prepared by: Ali Fosse, HR Coordinator
Reviewed by: Nancy Deno Gohman, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
City Council Meeting of February 22, 2011 (Item No. 8d) Page 3
Subject: Resolution Approving 2011 International Union of Operating Engineers Local #49 Labor Agreement
RESOLUTION NO. 11-____
RESOLUTION APPROVING THE LABOR AGREEMENT
BETWEEN
THE CITY OF ST. LOUIS PARK
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #49
JANUARY 1, 2011 – DECEMBER 31, 2011
WHEREAS, the City and the Union have reached a negotiated settlement covering the
terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
WHEREAS, the City Council may enter into such agreements as authorized by its
Charter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park that the Mayor and City Manager are authorized to execute a Collective Bargaining
Agreement, City Contract #______ between the City of St. Louis Park and International Union
of Operating Engineers (IUOE), Local #49, effective January 1 – December 31, 2011.
Reviewed for Administration: Adopted by the City Council February 22, 2011
City Manager Mayor
Attest:
City Clerk