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HomeMy WebLinkAbout2010/04/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA APRIL 5, 2010 6:00 p.m. SPECIAL STUDY SESSION MEETING – Council Chambers Discussion Items 1. 6:00 p.m. Dispatch Options Written Reports 2. Operation May Day Update 7:20 p.m. Adjourn 7:25 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes of March 1, 2010 4. Approval of Agenda 5. Reports 5a. Economic Development Authority Vendor Claims 6. Old Business 7. New Business 7a. Termination of Redevelopment Contract with Oak Hill 7100 LLC (Anderson Builders). Recommended Action: Motion to adopt the resolution approving the Termination of Contract Agreement and Release between the EDA and Oak Hill 7100 LLC. 8. Communications 9. Adjournment 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Park TV Local Programming Month Proclamation 2b. Beautify the Park Proclamation Meeting of April 5, 2010 Special Study Session, Economic Development Authority and City Council Agenda 3. Approval of Minutes 3a. City Council Minutes of March 15, 2010 3b. Study Session Minutes of March 22, 2010 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 5a. Appointment of Citizen Representative to Boards and Commissions. Recommended Action: Motion to appoint citizen representative William Theobald as a Commissioner to the Telecommunications Advisory Commission for the term ending December 31, 2011. 6. Public Hearings 6a. Public Hearing – Liquor License – Toby Keith’s I Love This Bar. Recommended Action: Mayor to close public hearing. Motion to approve application from CRGE Minneapolis, LLC dba Toby Keith’s I Love This Bar & Grill for an on-sale intoxicating and Sunday liquor license to be located at 1623 Park Place Boulevard with the license term through March 1, 2011. 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Call for Sale of General Obligation Bonds. Recommended Action: Motion to Adopt Resolution Providing for Sale of: • $3,125,000 Taxable General Obligation Housing Improvement Area (HIA) Bonds, Series 2010A; and • $5,985,000 General Obligations Bonds, Series 2010B . 8b. Project Report: 2010 MSA Street Rehab (Wooddale Avenue) - Project No. 2009- 1101. Recommended Action: Motion to adopt Resolution Accepting the Project Report, Establishing Improvement Project No. 2009-1101 Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2009-1101. Meeting of April 5, 2010 Special Study Session, Economic Development Authority and City Council Agenda 8c. Approve 2010-2011 Police Officer (Local #206) Labor Agreement. Recommended Action: Motion to Adopt Resolution approving Labor Agreement between the City of Ct. Louis Park and Law Enforcement Labor Services (LELS), Local #206 (Police Officers) January 1, 2010 – December 31, 2011. 8d. Second Reading of Ordinance Amending Sections of Chapter 8 – Building and Contractor Licensing and Chapter 12 Environmental and Public Health Codes. Recommended Action: Motion to Adopt Second Reading of Ordinance Relating To Business Licenses, Amending Regulations Relating To Inspection Fees, Massage Therapy, Peddlers, Solicitors And Transient Merchants, And Food And Beverage Establishments 8e. Second Reading of Compost Ordinance Revision. Recommended Action: Motion to Adopt Second Reading of Ordinance approving Compost Revisions, Section 22-121, Chapter 22 (Solid Waste Management) of the City Code. 9. Communication Meeting of April 5, 2010 Special Study Session, Economic Development Authority and City Council Agenda 4. CONSENT CALENDAR 4a. Adopt Second Reading of Ordinance vacating drainage and utility easement 600 Highway 169, and approve the summary ordinance for publication. 4b. Adopt Resolution accepting this report, approving plans and specifications for soil removals and authorizing advertisement for bids. 4c. Adopt Resolution Accepting Donation from City of Rosemount in the form of two network servers (HP ProLiant). 4d. Approve premises amendment to the on-sale intoxicating and Sunday sales liquor license for Crave Hospitality WE LLC doing business as Crave located at 1603 West End Boulevard. 4e. Approval of Filing of Vendor Claims 4f. Approval for Filing Charter Commission Minutes September 9, 2009 4g. Approval for Filing Planning Commission Minutes February 24, 2010 4h. Approval for Filing Planning Commission Minutes March 3, 2010 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. 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: April 5, 2010 Agenda Item #: 1 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: Public Safety Dispatch Update. RECOMMENDED ACTION: No formal action requested. Staff would like to update Council on further analysis of the four options presented at the February 22, 2010 Study Session. POLICY CONSIDERATION: • Does Council need any additional information on the four Public Safety Answering Point (PSAP) approaches listed in this report? • Does Council have enough information to provide staff direction on the option(s) to pursue for our PSAP operations? BACKGROUND: Earlier this year, the City received notification from Golden Valley that they wished to terminate their contract with us for public safety dispatch services as of December 31, 2010. Based on the contract, the earliest Golden Valley would leave our operation is January 2011. Due to this notification, we are reviewing service delivery and financial implications of our Public Safety Answering Point (PSAP) dispatch options. On February 22, staff and Council discussed the City’s dispatching operations and Council requested additional information regarding our PSAP options. The purpose of this report is to provide that additional information and to assist the discussion regarding the four PSAP options under review: A. Provide PSAP Services for St. Louis Park and Golden Valley (current situation static). B. Operate as independent stand-alone PSAP for St. Louis Park only. C. Request PSAP services from Hennepin County. D. Consolidate with another independent PSAP. ANALYSIS AND DISCUSSION: In preparing this report, we used 2010 data to create a snapshot in time. This means that all information including salary, benefits, charges, budgets, etc., are based on 2010 information. We also added additional supplemental information as attachments to help provide more background and details on various areas touched on in the report. Below is a summary of four PSAP operational models as they relate to St. Louis Park. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 2 OPTION A PSAP Services -- St. Louis Park and Golden Valley (Current Model) St. Louis Park currently provides public safety dispatching for St. Louis Park and Golden Valley, serving a population of approximately 68,000. We currently have 10 dispatchers and our PSAP is set up with three stations (upgradable to four). Golden Valley contributes 36% of the approved budget for PSAP services to the City each month. Golden Valley’s portion of the 9-1-1 Fund, as assigned by the MN 9-1-1 Board, goes to St. Louis Park (MN Statutes Section 43.113). Golden Valley submitted notification of their intent to terminate PSAP services with St. Louis Park effective December 31, 2010, or upon Golden Valley’s completed transfer at a later date of services from St. Louis Park to Hennepin County. Value-Added Services In addition to PSAP services, dispatchers perform numerous ancillary services including clerical work, 24 hour service at the Police Department (including walk-in service), jail responsibilities and other tasks for City departments. A detailed listing of current duties handled by our dispatchers is attached. 2010 Budget for PSAP St. Louis Park and Golden Valley Operating Expenditures 2010 Salaries and Benefits (10 full time equivalent staff) $719,947 Overtime $ 45,000 Supplies and other budget items $ 95,003 LOGIS CAD system charges– IT General Fund $ 45,000 LOGIS MCD System Charges – IT General Fund $ 20,000 800 MHz Charges ($27,000 Police/$13,000 Fire) $ 40,000 Operating Costs: $964,950 Capital or One Time Expenditures Viper Purchase – 9-1-1 Fund $275,000 LOGIS New CAD, Records and Mobile $138,125 ($47,363 of this CAD) One Time Costs: $413,125 Revenue 9-1-1 Fund ($63,972 St. Louis Park, $38,364 Golden Valley) $102,336 Golden Valley Contract $309,582 (not including 9-1-1) Pension Fund Transfer ($121,500 Police/$112,500 Fire) $234,000* $645,918 *Fire Pension Fund not available after 2011 due to fire station construction. Pension Funds are transferred into the General Fund to help with operating costs. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 3 OPTION B PSAP Services – St. Louis Park Independent St. Louis Park would operate an independent PSAP to service all public safety operations and non- emergency calls for the City. With the loss of Golden Valley we would experience a reduction of calls and a revenue loss of $309,582 (not including Golden Valley’s portion of 9-1-1 Funds). This operation is similar to Option A in service delivery, although the population served would be limited to St. Louis Park, and we could meet our business needs with reduced staffing. Value-Added Services Similar to our current model of operation. In addition to dispatching services, dispatchers perform numerous ancillary services including clerical work, 24 hour service at the police department, jail responsibilities and other tasks for various city departments. A detailed listing of duties currently handled by our dispatchers is attached. Estimated Costs to Operate Independent PSAP Continuing 24/7 Service (including jail) • Reduction of three Dispatch staff (currently 10, would move to 7), continue 24/7 jail and after hour contacts. • Continue value-added service delivery. Operating Expenditures Dispatch Staff (7 FTE) $509,642 Overtime Estimated for Dispatch $ 31,500 Supplies and other budget items $ 95,003 LOGIS CAD system charges – IT general fund $ 45,000 LOGIS system charges – IT general fund $ 20,000 800 MHz charges ($27,000 Police, $13,000 Fire) $ 40,000 Operating Costs: $741,145 Capital or One Time Expenditures Viper Purchase – 9-1-1 Fund $275,000 LOGIS New CAD, Records and Mobile $138,125 ($47,363 of this CAD) Some additional technical changes to phone system will be needed for dispatch to monitor jail, possibly expensed to 9-1-1 Fund. One Time Costs: $413,125 Revenue 9-1-1 Fund $ 63,972 Pension Fund Transfer ($121,500 Police/$112,500 Fire) $234,000* $297,972 *Fire pension fund not available after 2011 due to fire station construction. Pension funds are transferred into the general fund to help with operating costs. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 4 OPTION C PSAP Services – Contract with Hennepin County Currently Hennepin County does not charge a fee for this service. We are not certain if this practice of no fee would continue or if service fees and/or equipment charges would be implemented at some point in the future. At this time we are using the assumption that we will be treated as other cities in Hennepin County that utilize their dispatch services. Estimated Costs to Move to Hennepin County PSAP • Reduce ten Dispatch staff (compared to our current structure), hire CSOs (Community Service Officers) for 24/7 jail and after hour contacts, add 1 FTE evening clerical to assist with support duties and records, add 1 FTE day shift Crime Analyst for report generation and operations. • This staffing model allows continued value-added service delivery. Operating Expenditures Office Assistant II (1 FTE clerical support) $ 62,546 CSO (5 FTE) $291,429 Crime Analyst (1 FTE for reports) $ 73,203 MCD charges from HC for Police Department $ 7,200 LOGIS CAD system charges – IT general fund est. $ 15,000 LOGIS MCD system charges – IT general fund est. $ 7,000 800 MHz charges ($27,000 Police, $13,000 Fire) $ 40,000 Operating Costs: $496,378 Capital or One Time Expenditures LOGIS New CAD, Records and Mobile $138,125 ($47,363 of this CAD) Revenue $ 0 Questions for Hennepin County - Are there one time connecting charges? ($100,000) - Will there be user charges for new users? - What is the timing of a move to the County for PSAP? Comment Change of staffing listed above is the maximum needed with the loss of dispatch to cover the service impacts (listed in Service Delivery Considerations attachment) and should allow us to continue providing our value-added services. To the best of our ability, it is estimated this structure will cover the majority of services provided if we move to the County for dispatching. Other staffing or operational configurations that would reduce service levels could be considered and may (or may not) lower our overall costs. Examples may be alternate uses of technology, not staffing 24/7 for late evening through early morning walk in customers, use of a call service concept for non- emergency calls and/or some evening staffing to cover some counter operations, move our jailing to Hennepin County. All require additional cost and service delivery analysis to determine how these types of operations would work in our city. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 5 OPTION D PSAP Services -- Consolidation with Another Independent PSAP(s) St. Louis Park could partner with other local cities in a joint dispatch operation. The best case scenario would be to join with another city utilizing LOGIS, such as Minnetonka or Richfield. Although not ideal due to technology differences, Hopkins and Edina are other stand alone PSAPs that are non-LOGIS operations that we could further analyze for partnership. This could work by another city joining our operation or St. Louis Park contracting with another city to use their PSAP operations. At this time, we have not found another city that is interested in contracting for dispatch through St. Louis Park. If we are interested in joining another city at their location, further study and analysis needs to be conducted. If we use another city for our dispatching, we would need to review same service considerations as if we move to Hennepin County in regards to after hours staffing, jailing, booking, etc. FINANCIAL OR BUDGET CONSIDERATION: As outlined in this report. VISION CONSIDERATION: None. Attachments: Funding Descriptions (9-1-1 and Police and Fire Pension Funds) LOGIS and 800 MHz Descriptions Other General Information Current Dispatcher Duties and Responsibilities Service Delivery Considerations Overview of Three Hennepin County PSAP Models Site Visit Information Hennepin County Administrator Memorandum Golden Valley Letter from City Manager Harmening Summary of Two Models (Stand Alone PSAP and Hennepin County) Prepared/Approved by: Nancy Gohman, Deputy City Manager/HR Director Assisted by: Staff in Police, Information Resources and Administrative Services Reviewed by: John D. Luse, Chief of Police Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 6 FUNDING DESCRIPTIONS 9-1-1 Fund Monies received for the 9-1-1 Fund come monthly from the State of Minnesota and are restricted in use for planned 9-1-1 eligible expenditures and phone line costs. The 2009 Fund Balance of the 9-1-1 Fund is approximately $560,000. The 9-1-1 Fund is expected to be issued a payment in 2010 from the State of Minnesota of $102,336, of which $63,972 is for the City of St. Louis Park, and $38,364 is for the City of Golden Valley. VIPER Purchase Using 9-1-1 Funds. The City is scheduled to expend approximately $275,000 in the last half of 2010 from the 9-1-1 Fund for the capital purchase of a VIPER System through Qwest. The VIPER purchase has currently been placed on hold due to this study. This is an upgrade to our 911 phone equipment in the dispatch center, which is approximately 7 – 10 years old, and requires replacement. Qwest is installing this new system for PSAP operations in the metro area, and St. Louis Park and Minnetonka were slated to be some of the first municipalities to purchase and upgrade to the VIPER System (Eden Prairie recently installed their VIPER system). Police and Fire Pension Fund The Police and Fire Pension Fund is comprised of funding returned to the City in the 1990s from a surplus in their State Pension Fund. The use of the funds is restricted to eligible police and fire operations including technology. When Local Government Aid was cut in 2003 – 2004, the plan was to support dispatching expenditures in the General Fund by transferring dollars from the Pension Fund to support the dispatch operations. As discussed with Council at the time, since these pension funds were a one time funding source, the use was not a sustainable practice for funding general operations. Policy direction starting in 2007 was to reduce the transfer of the pension funds by $50,000 each year. The other future planned use for the Fire Pension Fund portion is for fire station construction costs. By 2012 we expect the Fire Pension Fund balance will be zero. Police & Fire Pension Fund Summary - Transfers Police Fire Total 2005 $201,000 $183,000 $384,000 2006 $201,000 $183,000 $384,000 2007 $201,000 $183,000 $384,000 2008 $174,500 $159,500 $334,000 policy decision, reduce $50,000/yr 2009 $148,000 $136,000 $284,000 2010 $121,500 $112,500 $234,000 Unaudited balance 12/31/09 $5,128,234 Police portion $2,907,373 Fire portion $2,220,861 Other Planned Fire Pension Fund Expenditures: $900,000 paid in 2009 for property purchases for stations (deducted from Fire balance). $2,100,000 for fire construction project for two stations. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 7 LOGIS AND 800 MHz DESCRIPTIONS What is the LOGIS PD System Upgrade? This is a one time cost to upgrade our CAD, records and mobile software system through LOGIS. We are currently committed to pay $138,125 to LOGIS for the upgrade as dictated by a resolution approved by the LOGIS Board of Directors in 2009. This payment is planned to be made over 5 years and is currently reflected in the CIP. We are exploring the potential to expense $47,363 of this amount to the 9-1-1 Fund for CAD. The remainder could be expensed to the CIP or possibly Pension Funds. We are committed to this expenditure, regardless of how we will be dispatched going forward. What is the LOGIS CAD System Charge? The CAD system charge is the operating fee for the computer aided dispatch system through LOGIS. System charges are in the IT General Fund budget. The cost for the LOGIS system is $45,000 for our current operation and for a stand alone dispatch, and we estimate it would be reduced to $15,000 if we use Hennepin County PSAP. What is the LOGIS MCD Annual Fee? Mobile Computing Devices or “Squad Laptops” are MCD’s. This equipment is in our patrol cars and available for use in our Police Department for mobile or on the road operations. The connection is through LOGIS for this system and is currently budgeted in the IT General Fund. The LOGIS cost for MCD’s is $20,000 for our current operation and for a stand alone dispatch, and we estimate it would be reduced to $7,000 if we use Hennepin County PSAP. What are 800 MHz Charges? 800 MHz is the radio staff uses in communication activities typically while on the scene. In 2010, we are paying Hennepin County Info Tech annually approximately $13,000 from the Fire General Fund budget and $27,000 from the Police General Fund budget for 800 MHZ radio charges. This $40,000 will remain and need to be paid regardless of the system we are on since we need the radio communications for our Police and Fire operations. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 8 OTHER GENERAL INFORMATION • St. Louis Park averages 700 bookings annually in its holding facility. • Hennepin County charges approximately $75 to book a prisoner, and $116 for each 24-hour holding period. • A call volume analysis of the St. Louis Park/Golden Valley dispatch for the past five years indicates that Golden Valley averages 18,219 calls for service (35%) and St. Louis Park averages 34,017 calls for service (65%). The contract divides the costs at 64% for St. Louis Park and 36% for Golden Valley. • Another additional study is needed on how our Communications Van will be handled with the change in dispatch to either independent stand alone or move to the county. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 9 CURRENT DISPATCHER DUTIES AND RESPONSIBILITIES What duties are currently handled through our PSAP Services by our Dispatchers? Dispatch Related • Enter incident data entry into CAD • CAD recommendations-fire call outs • CAD programming (squad car #’s, officers, addresses, geocoding, keyholder information, etc) • Enter comments into CAD (assists Information management, datamining, etc) • Run criminal history checks for officers • EMS transfers • NCIC validations • Enter items into NCIC (stolen vehicles, stolen checks, etc) • Geocode addresses for Cadmine • Filter non-emergency phone calls • Verify warrant checks • Coordinate trespass notices • Coordinate tow sheets • Take records phone calls-(when clerical is short staffed) • Enter/cancel missing person in NCIC-write supplemental reports • Run Infotrak and DVS for officers • Change CAD information as necessary. • Contact maintenance providers for all equipment • Answers administration phone lines-dispatch lines • Timely NCIC confirmations as required by BCA (10 minutes) • Advise DOT and Hennepin County of road issues (potholes, ice, etc) • Trace harassing phone calls • Advise public on the restraining order process, identity theft (how to obtain credit reports and other civil processes/issues • Transfer 911 calls to other agencies • Verifying alarms with alarm companies and keyholder information • Advising Xcel and Centerpoint of power outages, gas leaks and cutting power for fire incidents • Checking addresses and Infotrak for other agency contacts • Research in-house data, past call and other resources to assist officers as needed • Provide call history to responding officers • Fire permit checks for recreational fire calls Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 10 Clerical • Roll over records phones-after hours • Assist in copying 911 calls for clerical, attorneys, etc • Maintain private tows and repo logs • Customer service for front counter-after hours • Suspense files verification • Booking sheet data entry • Locate reports (after hours) for other law enforcement agencies Assist Other City Departments • Public works notifications/call outs-after hours utility problems (water, main breaks, potholes, etc) • Assist in 911 presentations for safety camps (SLP and GV) • Run criminal histories for various background checks (employment, licensing, housing authority, arrests, etc.) • Run POR (registered sex offender) checks for Housing Authority • Alarm billing-data entry • Assist Parks and Recreation as necessary (Parktacular, Rec Center, other special events, etc) • Background checks for Parks and Recreation employees and volunteers • Dispatch assists in communications between resident/customer issues after regular business hours • Assist Westwood Nature Center staff with crime reporting, animal control issues and building alarms • Run criminal histories for solicitors • Checking addresses for Inspections and Fire Departments Administration • Monitor PD security cameras and city hall lot • Maintain trespassing logs • Research calls and case numbers for officers/staff • Answer questions regarding prisoners in custody • Assist in Communications Van set up and operation • Jail checks • Maintain jail log for sergeants • Female prisoner searches as needed • Conduct DUI urine tests as needed • Document victim injuries (photographs) for officers as needed • Maintain dog/cat intake log • Assist CSO Lincoln with fingerprint appointments Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 11 SERVICE DELIVERY CONSIDERATIONS What service delivery considerations did we evaluate and address in the above model when we looked at PSAPs through Hennepin County? • Service impact is loss of dispatch staff who are available 24 hours, 7 days a week for non- emergency calls, walk in customers, handling jail monitoring and assisting with other clerical duties and generation of reports. Moving to Hennepin County for dispatching would eliminate this type of service delivery. • Service impact is reduction in reporting and clerical support activities after regular work hours that is completed by dispatch staff. For example, information collected by dispatch staff is utilized by the Police Department information management group in analyzing issues, problems, etc. • Service impact is the need to develop system for walk in customers after hours which would range from a system of a phone in the lobby where it would directly connect to Hennepin County 911 dispatch to hiring staff for evenings and weekends for customer service to fill in the gap of losing 24 hour dispatch staff. • Service impact is our dispatch staff monitors and assists with other jail functions and a system would need to be developed for that. Options range from hiring CSO’s to monitor and assist with jail functions to moving our jailing and booking to Hennepin County or another agency. • Service impact is developing a system to handle non-emergency calls from the public that would range from water main breaks to calls that come in evenings after our main City Hall switchboard shuts down at 4:30 p.m. and on the weekends. Again this could range from contracting with an agency such as AAA to handle the calls, contracting with a call service or another city that has stand alone dispatch, to staffing a counter. • Service impact is we would have no CAD/Operations support for value added service delivery. Hennepin County is not value added dispatch. • Service impact is loss of supervisory control and direction of dispatch. St. Louis Park would participate in a user capacity as a advisory board member for Hennepin County PSAP. • Service impact would be education of staff on changes in how our Community Oriented Policing systems operate. Loss of administrative oversight on our 911 recordings, all dispatch communications equipment and no real time oversight of department communications. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 12 OVERVIEW OF THREE HENNEPIN COUNTY PSAP MODELS What are the models of Public Safety Answering Point (PSAP) in Hennepin County? There are three PSAP models currently operating in Hennepin County: 1. Hennepin County Sheriff’s Dispatch The Hennepin County Sherriff’s Office (HCSO) serves all cities in Hennepin County not served by Minneapolis or an independent PSAP. HCSO serves a population of approximately 416,000 and employs 80 people. The annual operating budget is approximately $8.5 million. There is an Advisory Board which meets regularly to make recommendations on service, but all decisions are made by the Sheriff. 2. Minneapolis PSAP Minneapolis serves their city as well as Metro Transit Police, U of M Police and Minneapolis Park Police. Minneapolis serves a population of approximately 373,000 and employs 80 people. The annual operating budget is approximately $7 million. The operating model appears to meet the value added needs of its customers to the extent feasible. The PSAP is managed independent of police and fire under the purview of Administrative Services. 3. Independent PSAPs There are seven independent PSAPS currently operating in Hennepin County (not including the Airport Police). They are Bloomington, Eden Prairie, Edina, Hopkins, Minnetonka, Richfield, and St. Louis Park (currently serving Golden Valley as well). These PSAPs collectively serve a population of approximately 350,000 and employ 67 people. The collective annual operating budgets are approximately $5.4 million. Administrators at these agencies believe that the combination of ancillary services and adaptability (value added) make them a cost effective service. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 13 SITE VISIT INFORMATION What did you learn from the Brooklyn Center Site Visit? Staff recently visited the City of Brooklyn Center who is also a LOGIS city that closed their independent PSAP approximately five years ago and joined the Hennepin County Sheriff’s dispatch system. Brooklyn Center is a city of approximately 24,000 people with a 2004 operating budget of $415,000 for its independent PSAP. Brooklyn Center transitioned to the Hennepin County Sheriff’s dispatch system in 2005. As a result of this transition, Brooklyn Center spent approximately $280,000 to increase clerical and CSO staffing for work-arounds. In addition, Brooklyn Center incurred cost increases for technology services which were not tracked precisely and would be difficult to estimate. Brooklyn Center was able to accomplish all transitions related to technology (including LOGIS) and service delivery in a manner they found satisfactory. Brooklyn Center Police department appears to operate in a more “traditional” model of policing, lowering demands and expectations related to value-added services. They did a one-year community evaluation plan that indicate there was little public concern over the changes. Do you have a general description of how Dakota County PSAP operates? In addition to the information above outlining the three current PSAP (Public Safety Answering Point) models operating in Hennepin County, we are also providing some basic information about a fairly new model, sometimes referred to as a “Best Practices Model”, now operating in Dakota County. This model has been referenced by Hennepin County Administrator, Richard Johnson in considering whether or not Hennepin County should consider a fee-based system for public safety dispatching. The Dakota County Model Dakota County Communications (DCC) serves 12 cities and the Dakota County Sheriff’s department. DCC serves a population of approximately 378,000 and employs 64 people. The proposed 2010 operating budget is approximately $8.2 million. Staff interviewed police administrators from the four largest cities at DCC (Apple Valley, Burnsville, Eagan and Lakeville) to evaluate their budget and service level experiences in closing an independent PSAP and joining a countywide system. Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 14 HENNEPIN COUNTY ADMINISTRATOR MEMORANDUM Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 15 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 16 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 17 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 18 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 19 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 20 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 21 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 22 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 23 GOLDEN VALLEY LETTER FROM CITY MANAGER HARMENING Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 24 Special Study Session Meeting of April 5, 2010 (Item No. 1) Page 25 SUMMARY OF TWO MODELS (OPTIONS B AND C) Cost Estimates Stand Alone PSAP and Hennepin County PSAP Stand Alone PSAP Operation for St. Louis Park * Operating Expenditures Funding Source 2010 Dispatch budget (staff and supplies) $636,145 General Fund - Police LOGIS CAD system charges $45,000 IT General Fund LOGIS MCD system charges $20,000 IT General Fund 800 MHz charges ($27,000 Police, $13,000 Fire) $40,000 General Fund – Police and Fire $741,145 Capital or one time expenditures VIPER purchase $275,000 9-1-1 Fund LOGIS system upgrade purchase ($47,363 of this for CAD) $138,125 CIP, or other source Addl’ technical charges for phone for dispatch to monitor jail ? 9-1-1 Fund $413,125 Revenue 9-1-1 Fund allocation (annual revenue est.) $63,972 State of MN 9-1-1 funding * Contract PSAP Services with Hennepin County ** Operating Expenditures Funding Source 2010 Police budget $472,178 General Fund - Police MCD Charges from HC for Police Department $7,200 General Fund - Police LOGIS CAD system charges est. $15,000 IT General Fund LOGIS MCD system charges est. $7,000 IT General Fund 800 MHz charges ($27,000 Police, $13,000 Fire) $40,000 General Fund – Police and Fire $496,378 ** Capital or one time expenditures LOGIS system upgrade purchase ($47,363 of this for CAD) $138,125 CIP, or other source Revenue $0 State of MN 9-1-1 funding * Costs based on 2010 salaries, benefits, contracts, budget, etc. ** No Hennepin County charges included. At the time of preparing this report we did not have any determination from Hennepin County on charges. Meeting Date: April 5, 2010 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: TITLE: Operation Mayday Update. RECOMMENDED ACTION: No formal action requested. This report is for informational purposes. POLICY CONSIDERATION: Does Council need any additional information in regard to this item? BACKGROUND: As indicated in the January 25th written report, the St. Louis Park Fire Department was approached with a training opportunity in June of 2009 by Adam Services/St. Louis Park Bus Company about working together on drill involving school busses. We have been meeting regularly to work through the details on the scenario below: On Saturday, April 24, 2010, a number of agencies (listed below) will be conducting a full-scale exercise. The St. Louis Park Public Schools have offered use of the Junior High at 2025 Texas Ave S. This exercise will tax first responders (police, fire and EMS) to their limits. These entities working together will have to manage the incident. The message from the planning group is that we are planning for a “worst case scenario” and we want to test our response capabilities. In addition, the School’s response will be measured much like that from Operation Oriole (active shooter exercise done at the St. Louis Park Senior High School in 2008). Organizations currently involved in exercise/scenario planning are: Adam Services (Bus Company) City of St. Louis Park Hennepin County Emergency Preparedness St. Louis Park Schools School Bus Training Company St. Louis Park Fire Department MN Dept. of Homeland Security Emerg. Mgmt. St. Louis Park Police Department MN School Safety Center Minnetonka Fire Department Hennepin County EMS Hopkins Fire Department Additional Agencies Added Since January 25th Written Report: MN National Guard 55th Civil Support Team Minneapolis Bomb Squad Minneapolis Schools Special Study Session Meeting of April 5, 2010 (Item No. 2) Page 2 Scenario Overview The scenario involves two late arriving buses on a “normal” school day. School will already be in session (simulated) and most students will be in the school. This exercise will occur on a Saturday and no students will be in the building. Role players will be used in place of students. The buses will have a total of approximately 60 total passengers plus drivers. There will be one long bus and one short bus parked side by side (normal parking for the school). The scenario will be initiated by a suicide bomber with a backpack containing an IED who detonates while standing between the two buses. The first 911 calls will come from the school and one of the drivers. Initial response will be St. Louis Park Fire and Police, along with Hennepin County Ambulance. This will be a true 911 response with limited information available to the first arriving crews. There is a comprehensive communications component to this exercise already in place. To that end, Jamie Zwilling, City of St. Louis Park’s Communications Coordinator, is a planning group meeting weekly with the other members. COMMUNICATION PLAN Effectively communicating the purpose of the exercise and its community benefits, without causing unnecessary alarm among residents, is our top communications goal. We’ll accomplish this goal in the following ways: • Postcards will be mailed to properties adjoining the Junior High property that announce the exercise, outline road closures, includes a phone number for questions, etc. by April 19th • The city’s Outreach Coordinator will notify neighborhoods electronically via our email lists with neighborhood leaders • A news release will be issued to the Sun-Sailor for publication on April 21st announcing the exercise to residents • The city and schools will post a Website article explaining the exercise, and will promote this article through our Facebook and Twitter pages • The school district will utilize it’s parent notification phone system to explain the exercise prior to the training • Information on the exercise will be included on our cable television programs prior to the event, and a notice will appear the day of the event explaining that it is a training exercise • We will issue a media alert the morning of the incident to there is no confusion that it is only an exercise • Electronic roadway signs will be posted in the neighborhood the day before the event to alert neighbors to the planned exercise A secondary communications goal for the training is to explain to the media the importance of using this training for our city and the many, many partners that are involved. While this scenario is based on a bombing, the critical skills exercised by those involved carry over to many different incidents. Special Study Session Meeting of April 5, 2010 (Item No. 2) Page 3 Additionally, the fact that so many organizations are partnering together to ensure the success of the event also demonstrates the strength of public safety partnerships in the metro area. To reach out to the media, we will: • Issue a news release in the days preceding the training outlining the details of the training, partners, etc. and reach out to some of our media members with whom we’ve already built strong relationships • We will hold on-site media availability the morning of the briefing to allow the different partners to explain their roles, perceived benefits, etc. • We will set up a media area where videographers and photographers will be able to get appropriate footage of the scene and responders • All media requests will be handled by the city’s communication coordinator Reaching out to the media in the above ways is consistent with how the city chose to highlight the hard work and training of our responders and partners during a previous exercise in 2008. While the media certainly likes the images created by these types of training, past history has shown that the resulting stories end up highlighting the work and preparation of the men and women receiving the training. Finally, the city has already utilized its cable TV staff to document the planning process for the training, and it will continue to do so right through the training event (including the bus explosions that will be occurring at a secure range prior to April 24th). City staff will be using the footage to produce a short documentary on the exercise, how it was planned and how it will be used in the future. This program will be broadcast in the future as part of our regular programming, and also made available for training and presentations for all of our partner organizations. FINANCIAL OR BUDGET CONSIDERATION: A $20,000 grant has been secured for this exercise. VISION CONSIDERATION: None. Attachments: Operation Mayday Objectives Prepared by: Mike Dobesh, Assistant Fire Chief Jamie Zwilling, Communications Coordinator Approved by: Nancy Gohman, Deputy City Manager/HR Director Special Study Session Meeting of April 5, 2010 (Item No. 2) Page 4 O PERATION M AYDAY April 24, 2010 Objectives Special Study Session Meeting of April 5, 2010 (Item No. 2) Page 5 The following are sample objectives for an operations-based exercise. Planning team members should limit the number of objectives to three or four. These objectives may be combined or modified as needed; the objectives listed here do not constitute an all-inclusive list. The selected objectives should be based on the exercise scope, type (i.e., drill, functional exercise, full-scale exercise), scenario, and/or subject. 1. Evaluate the capability to implement the Incident Command System (ICS) in response to a terrorist incident and effectively transition to a Unified Command. 2. Exercise the local coordination and integration of internal and external response resources by the local ICS. 3. Assess the ability to establish and maintain multiagency and multijurisdictional communications in response to a terrorist incident. 4. Examine the ability of local response agencies to implement victim, personnel, equipment, and facility decontamination in a mass-casualty incident. 5. Examine the ability to provide effective prehospital emergency medical care in response to a terrorist incident. Assess the ability to conduct triage, treatment, and transport operations. 6. Assess ways to reduce the conflicting requirements for protection of a crime scene and evidence collection with the need to perform victim rescue operations. 7. Assess the adequacy of local plans for the flow of public information and the interface with, and use of, media resources. 8. Assess the ability of local medical facilities to respond to the effects of a terrorist incident. Implement decontamination, treatment, and patient-tracking procedures for both transported and self-referred patients. Meeting Date: April 5, 2010 Agenda Item #: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA MARCH 1, 2010 1. Call to Order President Finkelstein called the meeting to order at 7:25 p.m. Commissioners present: President Finkelstein, Jeff Jacobs, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Commissioners absent: None. Staff present: City Manager (Mr. Harmening), Economic Development Coordinator (Mr. Hunt), Community Development Director (Mr. Locke), City Attorney (Mr. Scott), and Recording Secretary (Ms. Hughes). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes of February 16, 2010 The minutes were approved as presented. 4. Approval of Agenda The agenda was approved as presented. 5. Reports 5a. Economic Development Authority Vendor Claims It was moved by Commissioner Jacobs, seconded by Commissioner Omodt, to approve the EDA Vendor Claims. The motion passed 7-0. 6. Old Business – None EDA Meeting of April 5, 2010 (Item No. 3a) Page 2 7. New Business 7a. Public Hearing – Acquisition and Conveyance of Tax-Forfeited Parking Stall within Phase NE of Excelsior & Grand (3707 Grand Way) EDA Resolution No. 10-03 Mr. Hunt presented the staff report and stated the City has been asked to assist in remedying a situation related to a tax-forfeited parking stall within Phase NE of the Excelsior & Grand project. He explained that the parking stall is unusable for parking and is part of the building’s common areas and should be owned by the building’s homeowners association. He stated that the EDA has an ongoing interest in the property and may pay the back taxes and fees and then pursue a pass through sale in order to deed the stall to the homeowners association. This arrangement has the approval of the City Assessor and Hennepin County. He stated the total cost of the parcel plus fees is $182 and the EDA will be reimbursed for these fees and any other out-of-pocket expenses. President Finkelstein opened the public hearing. No speakers were present. President Finkelstein closed the public hearing. President Finkelstein stated he would be abstaining on the vote in this matter. Commissioner Sanger stated she has no problem with approving the resolution; however, this is a colossal waste of City staff time and requested that the developer be billed for all out- of-pocket expenses as well as City staff time involved in remedying this situation. It was moved by Commissioner Mavity, seconded by Commissioner Santa, to adopt EDA Resolution No. 10-03 approving acquisition of certain property and conveyance of same to Excelsior and Grand Condominium Association. The motion passed 6-0-1 (President Finkelstein abstained). 8. Communications – None 9. Adjournment The meeting adjourned at 7:29 p.m. ______________________________________ ______________________________________ Secretary President Meeting Date: April 5, 2010 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 February 27, 2010 through April 2, 2010. 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 3/31/2010CITY OF ST LOUIS PARK 14:18:50R55CKSUM LOG23000VO 1Page -Council Check Summary 4/2/2010 -2/27/2010 Vendor AmountBusiness Unit Object 1,191.84AMERICAN INN PROP DEVELOPMENT OTHER CONTRACTUAL SERVICESAMEC GEOMATRIX INC 1,191.84 5,000.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESANDERSON, NORMAN 5,000.00 830.00AMERICAN INN PROP DEVELOPMENT LANDCITIZENS INDEPENDENT BANK 30.00DEVELOPMENT - EDA G&A TRAINING 8.82DEVELOPMENT - EDA G&A BANK CHARGES/CREDIT CD FEES 868.82 3,325.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESCR PLANNING INC 3,325.00 593.75WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 593.75ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES 593.75TRUNK HWY 7 G&A OTHER CONTRACTUAL SERVICES 1,253.48HSTI G&A OTHER CONTRACTUAL SERVICES 593.75VICTORIA PONDS G&A OTHER CONTRACTUAL SERVICES 593.75PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES 635.98CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES 380.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 635.97MILL CITY G&A OTHER CONTRACTUAL SERVICES 825.97PARK COMMONS G&A OTHER CONTRACTUAL SERVICES 635.97EDGEWOOD TIF DIST G & A OTHER CONTRACTUAL SERVICES 635.97ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES 635.97WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES 635.97AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES 635.97HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES 9,880.00 270.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESFORECAST PUBLIC ARTWORKS 270.00 5,000.00HRA LEVY G&A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 5,000.00 181.68DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY TREASURER 181.68 1,969.50DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESHOISINGTON KOEGLER GROUP INC 1,969.50 EDA Meeting of April 5, 2010 (Item No. 5a)Page 2 3/31/2010CITY OF ST LOUIS PARK 14:18:50R55CKSUM LOG23000VO 2Page -Council Check Summary 4/2/2010 -2/27/2010 Vendor AmountBusiness Unit Object 15.00DEVELOPMENT - EDA G&A MEETING EXPENSEHUNT, GREG 48.00DEVELOPMENT - EDA G&A MILEAGE-PERSONAL CAR 63.00 540.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESKENNEDY & GRAVEN 540.00 65,483.75AMERICAN INN PROP DEVELOPMENT LANDKEVITT EXCAVATING INC 65,483.75 378.00DEVELOPMENT - EDA G&A ENVIRONMENT ANALYSISLHB ENGINEERS & ARCHITECTS 378.00 6,000.00HRA LEVY G&A LEGAL SERVICESLOCKRIDGE GRINDAL NAUEN PLLP 6,000.00 2,156.25DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESMCCOMB GROUP LTD 2,156.25 75.00AMERICAN INN PROP DEVELOPMENT OTHER CONTRACTUAL SERVICESMINNESOTA POLLUTION CONTROL AG 75.00 181.82DEVELOPMENT - EDA G&A TELEPHONENEXTEL COMMUNICATIONS 181.82 11.49DEVELOPMENT - EDA G&A OFFICE SUPPLIESOFFICE DEPOT 11.49 9,485.93DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 9,485.93 Report Totals 112,062.08 EDA Meeting of April 5, 2010 (Item No. 5a)Page 3 Meeting Date: April 5, 2010 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: Termination of Redevelopment Contract with Oak Hill 7100 LLC (Anderson Builders). RECOMMENDED ACTION: Motion to adopt the resolution approving the Termination of Contract Agreement and Release between the EDA and Oak Hill 7100 LLC. POLICY CONSIDERATION: Does the EDA wish to terminate its Redevelopment Contract with Oak Hill 7100 LLC (Anderson Builders)? BACKGROUND: Anderson Builders (“Redeveloper”) planned to redevelop a small (3/4-acre) property at 3340 Republic Avenue and construct a 2-story, 15,000 sq/ft office building on the site. The subject property is located at the northwest corner of Walker Street and Republic Avenue; immediately east of Anderson Builders’ recently completed Oak Hill Office Building and near the intersection of Louisiana Ave and Walker St. On October 15, 2007, the EDA approved a Contract for Private Redevelopment with Oak Hill 7100 (Anderson Builders) for the redevelopment of 3340 Republic Ave. Since that date, the Redeveloper purchased the subject property and removed the former two-story, 6,400 SF office building that occupied the property. Anderson Builders planned to complete construction on the Oak Hill II Office Building by the end of 2008. To facilitate the project, the EDA agreed to reimburse Anderson Builders for certain Public Redevelopment Costs incurred in connection with the subject site in the maximum principal amount of $400,000. According the Redevelopment Contract, Anderson Builders was to have completed construction on the Oak Hill II project by December 31, 2008. Due to the Redeveloper’s inability to obtain project financing, the Redeveloper requested that the project’s completion date be extended. Thus, on April 6, 2009, the EDA approved an Amendment to the Redevelopment Contract which extended the required completion date until December 31, 2009. On January 15th staff met with Mr. Greg Anderson, president of Anderson Builders, regarding the status of the project and was informed that he was unable to break ground on the new building due to lack of tenants and financing commitments. He indicated this situation was not likely to change in the foreseeable future. Under Section 9.1 of the Contract, failure to commence or substantially complete construction of the project constitutes an Event of Default. As required under the Contract, a Notice letter was sent to Mr. Anderson informing him of the default and next steps. EDA Meeting of April 5, 2010 (Item No. 7a) Page 2 As a remedy for an Event of Default, the EDA is entitled to terminate its obligations under the Contract. Given that the EDA extended the Contract once already and Anderson is not able to fulfill the terms of the extended Contract, it is appropriate for the EDA to consider terminating the Contract. Staff believes it is in each party’s best interests to terminate the Contract and release each other from further performance of the respective obligations under the agreement. Since Anderson did not incur all the specified Public Redevelopment Costs in connection with the subject site no funds from the EDA were disbursed to his company. However unless the Contract is terminated the EDA will need to continue to encumber funds for the Oak Hill project indefinitely thereby eliminating the opportunity they could be utilized elsewhere. Proposed Termination of Contract Agreement and Release Mr. Anderson has acknowledged he has no practicable ability to remedy the default and the situation is not likely to change in the near future. As a result he has executed the attached Termination of Contract Agreement and Release. This Agreement terminates the Redevelopment Contract between the EDA and Oak Hill 7100 LLC and releases each party from all obligations which remain unperformed under the Contract as well as waives all rights under the Contract. The Agreement requires formal approval of the EDA as well. FINANCIAL OR BUDGET CONSIDERATION: Terminating the Redevelopment Contract with Oak Hill 7100 would unencumber $400,000 within the Development Fund. VISION CONSIDERATION: Not applicable. Attachments: Resolution Termination of Contract Agreement and Release Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, EDA Deputy Executive Director and Deputy City Manager EDA Meeting of April 5, 2010 (Item No. 7a) Page 3 ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 10-________ RESOLUTION APPROVING A TERMINATION AGREEMENT BETWEEN THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND OAK HILL 7100 LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the St. Louis Park Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority is currently administering its Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and has approved and executed that certain Contract for Private Redevelopment dated October 15, 2007, as amended ( the “Contract”) , between the Authority and Oak Hill 7100 LLC (the “Redeveloper”). 1.02. The Redeveloper has failed to construct the Minimum Improvements as defined in the Contract pursuant to the timeline stated in the Contract, and has been served with a Notice of Default by Authority staff. The Redeveloper agrees that Redeveloper has been unable to fulfill its obligations to construct the Minimum Improvements and is therefore in default as that term is defined in the Contract. 1.03. The Authority and Redeveloper agree it is in each party’s best interests to terminate the Contract and release each other from further performance of the respective obligations under the Contract. 1.04. The Authority Board has reviewed the Termination of Contract Agreement and Release (the “Agreement”) by and between the Authority and the Redeveloper and finds that the approval and execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Other Proceedings. 2.01. The Termination of Contract Agreement and Release as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director of the Authority are hereby authorized to execute on behalf of the Authority the Agreement and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. EDA Meeting of April 5, 2010 (Item No. 7a) Page 4 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Reviewed for Administration: Adopted by the Economic Development Authority April 5, 2010 Executive Director President Attest Secretary EDA Meeting of April 5, 2010 (Item No. 7a) Page 5 TERMINATION OF CONTRACT AGREEMENT AND RELEASE This Termination of Contract Agreement and Release (the “Agreement”) effective as of February___, 2010, by and between the St. Louis Park Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota (the “Authority”) and Oak Hill 7100 LLC, a Minnesota limited liability company, (the “Redeveloper”). WHEREAS, the Authority and the Redeveloper are parties (each a “party” collectively the “parties”) to that certain Contract for Private Redevelopment dated October 15, 2007, as amended by that First Amendment to Contract for Private Redevelopment dated April 6, 2009 (together, the “Contract”); WHEREAS, the Authority and the Redeveloper agree that Redeveloper has been unable to fulfill its obligations to construct the Minimum Improvements as defined in the Contract and is therefore in default as that term is defined in the Contract; WHEREAS, the Authority and Redeveloper agree it is in each party’s best interests to terminate the Contract and release each other from further performance of the respective obligations under the Contract. NOW, THEREFORE, the parties agree that the Contract is hereby terminated and of no further effect. BE IT FURTHER AGREED that each party releases the other party from any and all obligations which remain unperformed under the Contract and respectively waive any and all rights contained thereunder. (The remainder of this page left intentionally blank) EDA Meeting of April 5, 2010 (Item No. 7a) Page 6 IN WITNESS WHEREOF the undersigned have executed this instrument effective as of the date this Agreement is approved by the Authority. St. Louis Park Economic Development Authority By___________________________ Its President By___________________________ Its Executive Director Oak Hill 7100 LLC By______________________________ Its Chief Manager STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this ______ day of April, 2010, by _________________ and ______________, the President and Executive Director of the Economic Development Authority of the City of St. Louis Park a public body corporate and politic under the laws of Minnesota, on behalf of the public body corporate and politic. _______________________________ Notary Public STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this ______ day of __________, 2010, by _________________ the Chief Manager of Oak Hill 7100 LLC, a limited liability company organized under the laws of Minnesota, on behalf of the limited liability company. _______________________________ Notary Public This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Meeting Date: April 5, 2010 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Proclamation EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: ParkTV Local Programming Month Proclamation. RECOMMENDED ACTION: The Mayor to read the Proclamation recognizing April 2010 as ParkTV Local Programming Month. POLICY CONSIDERATION: Not Applicable. BACKGROUND: Each year, the city’s Information Resources Division cablecasts hundreds of hours of taped or live original programming, events, sports, news, talk shows, performances and more. In addition to being cablecast, the city’s Comcast cable channels and programming are available via live stream on the city website or on demand on the city website. Content is also now being made available on Vimeo and YouTube, and distributed through our social networking sites. In addition to the city’s dedicated staff, this programming is made possible by hundreds of volunteers each year who contribute or create their own programming for cablecast on our public access channels. Our ParkTV On Location crew is further supported by volunteer announcers for many of the sporting events covered each year. These volunteers range from teenagers trying it for the first time to adults who have been volunteering for 30 years. This year, we’re taking the opportunity to recognize all of these individuals and their commitment to local programming. An event was held April 1, 2010 to kick off ParkTV Local Programming month that recognized the volunteers, shared highlights of some of their programming from the last year, and encouraged networking between these many talented community members. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: This activity is consistent with the City Council’s Strategic Directions that St. Louis Park is committed to being connected and engaged. Attachments: Proclamation Prepared by: Jamie Zwilling, Communications Coordinator Reviewed by: Clint Pires, Chief Information Officer Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 2a) Page 2 PROCLAMATION ParkTV Local Programming Month WHEREAS, local access cable television programming is an important resource provided in our community and an important part of our residents’ everyday lives; and WHEREAS, local programming supports the city’s Vision strategic direction to remain a connected and engaged community; and WHEREAS, more than 100 community members contributed content, time and services in 2009 to the city’s public access programming; and WHEREAS, the ParkTV On Location crew was fully supported by volunteer announcers Tim Anderson, Michael Hawkins, Phil Frerk, Nathan Lanning, Nick Visneski, Tony Geer, Bruce Hoberman, Ira Gurewitz and Howard Luloff, who have each volunteered for more than a decade, to covering youth sports, NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park wish to proclaim the month of April 2010 as “ParkTV Local Programming Month” and call upon all citizens and civic organizations to acquaint themselves with the quality programming produced by dozens of dedicated residents and staff, and to recognize the contributions that they make every day to discovering, filming, reporting, editing, cablecasting, and web streaming the stories and events that make St. Louis Park such a remarkable community. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 5th day of April, 2010. ______________________________________ Jeffrey W. Jacobs, Mayor Meeting Date: April 5, 2010 Agenda Item #: 2b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Proclamation EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Beautify the Park Proclamation. RECOMMENDED ACTION: The Mayor is asked to read the Proclamation which kicks off the 2010 Beautify the Park initiative. POLICY CONSIDERATION: Not Applicable. BACKGROUND: The City’s annual Beautify the Park initiative encourages residents to take some time to walk around their property, their alley, their neighborhood, and their community. Residents are encouraged to pick up litter, leaves, and any other remnants of winter, and give their neighborhood a fresh start this spring. In 2009 the Mayor kicked off the initiative with a video which can be viewed by going to www.beautifythepark.org, with the environmental initiative of the City’s participate in the Minnesota Energy Challenge. To date, 481 households are registered. The City will continue with this initiative until their goal of reaching 1,000 households is achieved. Businesses, civic groups, families and individuals looking for a more structured clean-up can contact the City and School volunteer office to be assigned an area to clean and be provided with instructions and garbage bags. Reinvestment in the City of St. Louis Park’s tree canopy is a new initiative to the program this year. For 2010, the City of St. Louis Park has teamed up with Tree Trust to make it affordable for residents to reforest their properties. For every new tree residents plant, five more trees are lost to storms, pests and disease and the presence of the Emerald Ash Borer in Minnesota has the potential to wipe out all our ash trees, making it even more critical to starting planting tomorrow’s trees today. Residents had the opportunity to purchase up to two trees at a cost of $35 by mid-March for pick up on May 1. A total of 200 trees were ordered. A tree workshop was also held on March 30. FINANCIAL OR BUDGET CONSIDERATION: None other than staff time and other minimal expenses. CC Meeting of April 5, 2010 (Item No. 2b) Page 2 VISION CONSIDERATION: This activity is consistent with one of the City Council’s Strategic Directions – “St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business”. Attachments: Proclamation Prepared by: Lisa Songle, Office Assistant Reviewed by: Jim Vaughan, Environmental Coordinator/E-Group Co-Chair Kathy Larsen, Housing Program Coordinator/E-Group Co-Chair Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 2b) Page 3 PROCLAMATION 2010 Beautify the Park Initiative WHEREAS, the City Council of St. Louis Park is committed to the City VISION’s strategic direction to be a leader in environmental stewardship and to increase environmental consciousness and responsibility in all areas of city business; and WHEREAS, the City’s Beautify the Park initiative encourages residents to take some time to walk around their property, their alley, their neighborhood, and their community. Residents are encouraged to pick up litter, leaves, and any other remnants of winter, and give their neighborhood a fresh start this spring; and WHEREAS, residents are encouraged to take pictures of their clean-up adventures and submit them for the City’s “Beautify the Park” website. WHEREAS, the City’s 2010 Environmental Objective is a partnership with Tree Trust to assist residents in reinvesting in their property and the City’s tree canopy; and WHEREAS, citizens were encouraged to purchase up to two trees at a cost of $35 each for pick up and planting in early May. The initiative resulted in the ordering of 200 trees for May planting. For every new tree a resident plants, five more trees are lost to storms, pests and disease. NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park do hereby proclaim Earth Week 2010 (April 17-25) to be the kick-off of these initiatives, and call upon all citizens in our community to join in on these environmental activities. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 5th day of April, 2010. _______________________________ Jeff Jacobs, Mayor Meeting Date: April 5, 2010 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MARCH 15, 2010 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 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), Police Chief (Mr. Luse), Deputy Police Chief (Mr. DiLorenzo), City Clerk (Ms. Stroth), Inspections Director (Mr. Hoffman), Inspection Services Manager (Ms. Boettcher), Public Works Coordinator (Mr. Merkley), Community Development Director (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Planner (Mr. Fulton), Assistant Zoning Administrator (Mr. Morrison), Senior Engineering Project Manager (Mr. Olson), Public Works Director (Mr. Rardin), and Recording Secretary (Ms. Hughes). Guests: Hennepin County District Attorney Mike Freeman and Hennepin County Sheriff Rich Stanek and Captain John Lageson from the Hennepin County Sheriff’s Office and Mark Kronbeck from Alliant Engineering. 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Hennepin County Attorney and Hennepin County Sheriff Mr. Freeman stated that due to the collaborative efforts of the various community leaders, schools, law enforcement, prosecutors, and city governments, the crime rate has gone down over the last three years in St. Louis Park as well as across the County. He stated that the County works closely with St. Louis Park’s law enforcement and the County Attorney’s office is pleased to work with the City. He explained the importance of DNA in establishing who committed a crime and who did not commit a crime. He added that the criminal justice system is about seeking truth and DNA helps us get there. Councilmember Mavity requested that Mr. Freeman comment on a recent case in Chicago that questions a city’s ability to regulate guns and how the ruling in that case might impact what the City is allowed to do with respect to regulating gun ownership. CC Meeting of April 5, 2010 (Item No. 3a) Page 2 Mr. Freeman stated the United States Supreme Court recently heard arguments in a case involving a gun owner who lives in a crime-ridden area of Chicago and owns a gun because he feels it will take the police hours to get to his location in order to save him. He pointed out that Chicago has some of the strictest gun laws in the country. A recent ruling in the District of Columbia case in the United States Supreme Court held that the Second Amendment establishes an individual’s right to bear arms audit will present a significant challenge to reducing guns in the streets. He stated he is hopeful that the court will not extend its ruling in the District of Columbia case to the Chicago case, but 75% of cases that get to the United States Supreme Court overrule some existing law and he was fearful that the Chicago case will extend hand gun ownership rights. Sheriff Stanek stated the Sheriff’s office enjoys a great working relationship with Mr. Freeman’s office as well as the City. He acknowledged Chief Luse and his staff, and explained the services provided by the Sheriff’s department, including patrol, civil process, security, jail, crime lab, 911 dispatch, and training. He noted that the Sheriff’s department will supplement a local police department’s services as needed. He then introduced Captain John Lageson. Captain Lageson stated he has been with the Sheriff’s office for 18 years and is pleased to work with Chief Luse and his staff. He discussed some of the work of the investigative and detective units, including the establishment of a Violent Offender Task Force (VOTF) aimed at going after the most violent offenders. This program arrested 154 individuals last year and removed 66 firearms from the street. He also discussed the Hennepin County Violent Crime Initiative Unit that focuses on investigation, information intelligence and prosecution. He stated these efforts have proven successful with an unselfish approach and the ultimate goal of keeping the citizens safe. Sheriff Stanek stated that the communications division dispatched over 600,000 9-1-1 calls throughout the County last year. He indicated the County is fortunate to have a state of the art crime lab which is nationally accredited, and with the help of State and Federal grants, the crime lab has increased personnel by approximately 30%. He expressed his thanks to the Mayor and City Council for working with the County, particularly during these difficult economic times. Mayor Jacobs expressed the City Council’s thanks to Mr. Freeman and Sheriff Stanek. Councilmember Ross requested further information regarding the Sheriff’s budgeted FTEs and whether any cut backs in services or labor force have been required. Sheriff Stanek replied that the Sheriff’s office has 828 authorized FTEs and stated the Sheriff’s department continues to hire and remain fully staffed. He stated he has cut back on non-personnel services and has focused on shifting services based on need. CC Meeting of April 5, 2010 (Item No. 3a) Page 3 2b. League of Women Voter’s 90th Anniversary Mayor Jacobs presented the League of Women Voters with a proclamation recognizing their 90th anniversary and proclaiming March 15th as “LWV Making Democracy Work Day” in honor of the League’s 90th anniversary. Aggie Leitheiser accepted the proclamation and expressed the League’s thanks to the Mayor and City Council. Councilmember Sanger stated she has been a member of the League for approximately fifteen years and appreciates the League’s hard work to promote the ideals of democracy. She invited residents to consider participating and joining in League activities as well. 3. Approval of Minutes 3a. Special Study Session Minutes of March 1, 2010 Councilmember Finkelstein requested that the first sentence in the last paragraph on page 1 be revised to state “Councilmember Finkelstein stated he felt the proposed ordinance changes should be seriously looked at and the City has the authority to make these changes in the crime-free ordinance pursuant to its health and safety powers.” The minutes were approved as amended. 3b. City Council Minutes of March 1, 2010 The minutes were approved as presented. 3c. Study Session Minutes of March 8, 2010 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Adopt Resolution No. 10-025 Authorizing Award of the 2010 St. Louis Park Arts and Culture Grants. 4b. Approve Resolution 10-026 amending and restating Resolution No. 09-053 adopted April 6, 2009 approving Rules and Procedures for Boards and Commissions. CC Meeting of April 5, 2010 (Item No. 3a) Page 4 4c. Adopt Resolution No. 10-027 expressing support of a Statewide Complete Streets Policy. 4d. Adopt Resolution No. 10-028 authorizing final payment in the amount of $19,660.82 and accepting work for the traffic signal at W. 36th Street and Park Center Boulevard with Valley Paving, Inc. Project No. 2009-2101, City Contract No. 86-09. 4e. Approve for Filing Vendor Claims. 4f. Approve for Filing Human Rights Commission Minutes January 19, 2010. 4g. Approve for Filing Planning Commission Minutes December 2, 2009. 4h. Approve for Filing Board of Zoning Appeals Minutes September 29, 2009. 4i. Approve for Filing Housing Authority Minutes February 10, 2010. It was moved by Councilmember Omodt, seconded by Councilmember Ross, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions 5a. Boards and Commissions Mayor Jacobs expressed the City Council’s thanks to everyone who expressed an interest in serving on the City’s various boards and commission. Councilmember Mavity requested a slight modification to the makeup of the Police Advisory Commission, and explained that the Council felt that Mr. Lindberg would be a better fit for the Community Education Advisory Commission and that Jason Kley should be appointed to the Police Advisory Commission in place of Gregg Lindberg. It was moved by Councilmember Mavity, seconded by Councilmember Omodt, to appoint citizen representatives to fill vacancies on the Police Advisory Commission with terms as follows: Name Commission Term Expiration Jason Kley Police Advisory Commission 12/31/2010 Matthew Flory Police Advisory Commission 12/31/2010 Rashmi Seneviratne Police Advisory Commission 12/31/2011 Kimberly Mayes Police Advisory Commission 12/31/2012 The motion passed 7-0. CC Meeting of April 5, 2010 (Item No. 3a) Page 5 6. Public Hearings 6a. Public Hearing – Liquor License - Ringo Ms. Stroth presented the staff report and stated that Ringo Restaurants, Inc. dba Ringo plans to open its restaurant in April at 5331 16th Street in the Shops at West End. She stated the restaurant will operate an upscale casual restaurant with a globally roving menu. She indicated the police department has conducted a full investigation and found nothing to warrant denial of the liquor license. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve the application from Ringo Restaurants, Inc. dba Ringo for an on-sale intoxicating and Sunday liquor license to be located at 5331 16th Street with the license term through March 1, 2011. The motion passed 7-0. 6b. Public Hearing to Revise Compost Ordinance Mr. Merkley presented the staff report and explained the proposed changes to the compost ordinance are intended to better define the composting definitions and to provide guidance as to what items are allowed, as well as to provide direction regarding composting structures. He indicated the proposed changes allow for adding kitchen scraps to the compost. In addition, the ordinance outlines those kitchen items not allowed. He pointed out that the proposed changes contain fewer restrictions than are currently in place. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Sanger stated there is a lot of interest in composting on the part of the public and asked why the ordinance only applies to single family homes through 4-plexes and not to higher density properties such as townhomes. Mr. Merkley agreed to look into the issue of including larger complexes in the ordinance and will provide further information to the Council at the second reading of the ordinance. Councilmember Santa stated it appears contradictory that dry egg shells are considered an allowable material, but eggs are not. CC Meeting of April 5, 2010 (Item No. 3a) Page 6 Mr. Merkley stated that the definitions of allowable materials were taken from the University of Minnesota Extension Services. He indicated staff is always available if residents have questions about allowable materials. He added that the City will also be hosting composting seminars, there will be further information on the City’s website, and handouts will be available at various City events, including Parktacular Ecofair and at Earth Day and Arbor Day events. Councilmember Omodt stated that it will be important to encourage residents to participate in composting and it will be helpful if staff can quantify resident participation. It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve 1st Reading of Ordinance adopting revisions to composting ordinance and set Second Reading for April 5, 2010. The motion passed 7-0. 6c. Marriott Hotel – Vacation, Termination of a Special Permit, Final PUD and Plat Resolution Nos. 10-029, 10-030 and 10-031 Mr. Fulton presented the staff report and stated this item received preliminary Council approval in 2009 for a seven story, 162 room hotel in the Metropoint office complex. The Planning Commission held a public hearing on the proposed Final PUD and Plat on February 24, 2010 and recommended approval of the request. He reviewed the site design, parking requirements, landscaping, Designed Outdoor Recreation Area (DORA), and stormwater management. He explained the proposed vacation of the 15’ drainage and utility easement, and noted that the easement has never been used for drainage or utilities. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Sanger stated there is a request to eliminate the construction of sidewalks in this project and felt this was odd, given the City’s desire to promote the construction of sidewalks everywhere. She stated this does not make sense particularly when this hotel is adjacent to another Marriott hotel and there may be people attending conferences at one or both of the hotels. She asked if the termination of the Special Permit would have any impact on the remaining areas still covered by the Special Permit. Mr. Fulton presented a diagram of the entire site depicting sidewalks and clarified that the developer is proposing sidewalks along the south end of the parcel and all around the hotel, with the exception of the area to the north of the hotel. He added that the Special Permit would continue in full effect for the remaining properties with no adverse impact, and the net effect from withdrawing the Metropoint Office Park from the Special Permit is that the Office Park site would be governed under the requested Planned Unit Development. CC Meeting of April 5, 2010 (Item No. 3a) Page 7 Councilmember Omodt requested clarification with respect to the area being utilized by both cars and pedestrians, and expressed concern regarding pedestrian safety in this area. Mr. Mark Kronbeck from Alliant Engineering appeared before the City Council and stated that this area will have colored pavers, improved lighting, and trees, and will clearly signalize the direction of traffic flow and alert drivers to the presence of pedestrians in the area. Councilmember Ross also expressed concern about pedestrian safety and asked whether some delineation could be added for safety reasons. Mr. Kronbeck from Alliant Engineering stated the current design is intended to be more of a plaza feel and will have more people than cars circulating through the space; the design will make it clear to drivers and pedestrians exactly where cars would be traveling and that a slow speed of travel would be required. Mayor Jacobs stated he felt the area needs to be marked clearly otherwise people may be driving on the sidewalk or they simply will not see the striping. It was moved by Councilmember Ross, seconded by Councilmember Omodt, to approve First Reading of Ordinance approving the Vacation of a drainage and utility easement at 600 Highway 169, and setting the Second Reading of the proposed Ordinance for April 5, 2010. The motion passed 7-0. It was moved by Councilmember Ross, seconded by Councilmember Omodt, to adopt Resolution No. 10-029 Rescinding the Special Permit for property located at 400 Highway 169 South, 435 Ford Road, and 600 Highway 169 South. The motion passed 7-0. It was moved by Councilmember Ross, seconded by Councilmember Omodt, to adopt Resolution No. 10-030 giving final approval for the Final Plat of METROPOINT. The motion passed 7-0. It was moved by Councilmember Ross to adopt Resolution 10-031 Approving a Final Planned Unit Development (PUD) under Section 36-367 of the St. Louis Park Ordinance Code relating to Zoning for Property Zoned O-Office located at 435 Ford Road, 400 Highway 169, and 600 Highway 169 with an amendment for clear delineation and separation between vehicles and pedestrians Further Discussion: Councilmember Finkelstein stated that staff can address this issue between the time of the First and Second Readings. CC Meeting of April 5, 2010 (Item No. 3a) Page 8 Mr. Fulton suggested that a condition be added that prior to the issuance of the building permit, staff will resolve the issues with respect to pedestrian safety such that pedestrian safety is assured consistent with Council’s discussion this evening. Councilmember Omodt stated that he would like to see a clear delineation between pedestrians and vehicles, including clearly visible signage. Mayor Jacobs stated he felt that staff could address and resolve the issue of clear delineation between pedestrian walkways and driveways. Councilmember Omodt seconded the motion. John Ferrier, Director of Architecture for CSM Properties, stated it is their primary goal to protect the safety and welfare of their guests and visitors on the property. He assured the City Council that there will be a clear delineation and reiterated that this area is not heavily traveled by vehicles. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Gambling Premises Permit for Minneapolis Northeast Lions Club Ms. Stroth presented the staff report and stated the Minneapolis Northeast Lions Club has submitted an application to conduct lawful gambling inside Texa-Tonka Lanes. She recited City Code Section 15-8 that requires organizations conducting lawful gambling to expend 90% of its lawful purpose expenditures within the trade area of St. Louis Park, and pointed out that the City does not have authority as to what specific lawful purpose expenditures must be made. She stated the Police Department has conducted a background investigation and found no concerns. Councilmember Omodt stated the City Council has discussed charitable gambling in the past and questioned whether the Council has enough information at this time to make a decision on this request, or whether the Council should continue to discuss charitable gambling overall, and specifically with respect to lawful purpose expenditures. It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to postpone action on this item pending further discussion by the City Council. Mr. Harmening stated if the Council were interested in discussing this further, it could be placed on the Study Session agenda for April 12th. He noted that the Council has flexibility under the Code to extend action on this item. CC Meeting of April 5, 2010 (Item No. 3a) Page 9 Jeff Kristal, owner of Texa-Tonka Lanes, appeared before the City Council and stated there is minimal profit involved in their pull-tab operation and indicated that the pull-tabs are now machine operated. He stated Texa-Tonka Lanes use their funds only for the in-house junior bowlers program. He indicated that the existing organization of Community Charities is a big organization with locations statewide and it is sometimes difficult to get an answer from them on available funds. As a result, he has decided to work with the Lions Club. Councilmember Finkelstein stated he felt the Council needs to study this issue further and noted that the Lions Club represents the third nonprofit from outside the community in the last eight months. He stated he felt there were a number of issues the Council should consider, including (1) how many sites a particular nonprofit charitable gambling group operates, (2) where the nonprofit charitable gambling group operates, (3) what are the nonprofit charitable gambling group’s revenues, (4) what are the nonprofit charitable gambling group’s proceeds that go to charity, (5) how the nonprofit charitable gambling group defines “proceeds,” (6) how much of the nonprofit charitable gambling group’s proceeds are spent in programs in St. Louis Park, (7) how much does the nonprofit spend in programs in their “other” program areas, delineated by city, (8) what programs have been held in each city, (9) what did the nonprofit charitable gambling group spend as a nonprofit overall in terms of expenses, specifically including salaries, rent and other payments, and prizes, (10) can the City require or state as a preference that a sponsoring group be a local group or charity, or can the City require or state as a preference that expenses be limited to a set amount or percentage, or can the City require that a certain percentage be paid out in prizes, and (11) can the City limit either the number of these establishments or the actual duration of the contract. Mayor Jacobs stated that the City Council has studied these issues in the past and indicated he was not in favor of continued Council discussion on this topic. Mr. Harmening stated that some of Councilmember Finkelstein’s questions can easily be answered relative to State law. He asked if Councilmember Finkelstein was requesting a report for all of the charitable gambling operations in St. Louis Park. Councilmember Finkelstein replied he would like Council to further discuss the issues he has raised, and at some point a full report on all of the charitable gambling operations in the City will be helpful. Mayor Jacobs stated that while he would like to require that nonprofit charitable gambling groups operating in the City just focus their proceeds on St. Louis Park, State law does not allow that. CC Meeting of April 5, 2010 (Item No. 3a) Page 10 Councilmember Sanger stated she felt it was worth having a discussion on this matter, particularly since a new Council is in place. She stated she would like the Council to consider a policy question regarding to what extent the City has the ability to limit where proceeds are spent and to what extent the City can encourage these groups to spend their proceeds in the City. Mayor Jacobs reiterated that State law does not allow that. Councilmember Ross asked if there was a time frame for action on these requests. Mr. Scott stated the Council can continue this matter until after the Study Session in April if Council wishes. Councilmember Santa stated she felt it was important to make a decision with respect to the Lions Club’s application in this matter. Mr. Kristal explained that his current lease contract with Community Charities expires on March 31, 2010. He stated if the Council does not approve the permit for Minneapolis Northeast Lions Club, he will renew the lease with Community Charities. The motion passed 4-3 (to postpone action on this item pending further discussion by the City Council.) Mayor Jacobs, Councilmembers Ross and Santa opposed. 8b. Panera Bread – Major Amendment to Planned Unit Development for Additional Signage Resolution No. 10-032 Mr. Morrison presented the staff report and stated the proposed sign will face west toward Home Depot and Cedar Lake Road. He added the Planning Commission recommended approval with the condition that the sign be limited to channel letters and a back lit logo and shall not exceed 96 square feet in area. Councilmember Sanger requested confirmation that the sign cannot be electronic and that the signs are turned off at 10:00 p.m. Mr. Morrison replied in the affirmative. Councilmember Sanger expressed concern about the lighting and asked if the condition can be amended to state that the sign can only be lit during the hours of 7:00 a.m. and 10:00 p.m., or only during the hours of operation. Caryl Scobbie, Development Manager for Panera, appeared before the City Council and stated that some of Panera’s cafes are open at 6:00 a.m. and the signs are typically turned on when the business is open. CC Meeting of April 5, 2010 (Item No. 3a) Page 11 Councilmember Sanger stated that this PUD as drafted limited the signage to signs facing inward where people are parking and walking into the businesses. She indicated the Council allowed an exception for Office Max, and expressed concern that if another exception is granted for Panera, it will set a precedent for the rest of the commercial operators in this plaza which could result in a lot of visual clutter. She added there is no limitation in the PUD that addresses signs based on their proximity to residential uses. Mr. Morrison stated that each application must come before the City Council to make a decision and must include a public hearing. He added the Panera sign faces west and will be away from the residential area and is partially obscured. He stated that language can be added to indicate that additional signage will not be allowed. Councilmember Sanger requested that the City Attorney draft language to indicate that no signs are permitted on the outside of buildings facing residential properties. Mayor Jacobs stated that the City Council has discretion to grant or deny these requests on a case by case basis. Councilmember Ross stated she supports the Council having discretion on a case-by-case basis. Councilmember Sanger agreed with Councilmember Ross, but stated she would like to see some language that discourages all other businesses facing residential areas from putting up signage in order to avoid setting a precedent and to discourage inappropriate requests by business owners. Councilmember Mavity stated that that discouragement can come from staff directing applicants to the minutes of this meeting. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 10-032 approving the Major Amendment to the Planned Unit Development for additional signage, subject to conditions as recommended by staff and the Planning Commission, and also subject to amending 14(a) of the conditions to state “The sign is limited to channel letters and a back lit logo only, to be back lit only during the hours when Panera is open to the public.” (Note – the resolution recommended for adoption represents an amendment to the resolution originally adopted in 1996 at the time the Park Place Plaza Planning Unit Development was approved. The new language is underlined). The motion passed 7-0. Councilmember Sanger requested that the City Council have a study session agenda item related to signage within Planned Unit Developments and limiting visible signage in residential areas. CC Meeting of April 5, 2010 (Item No. 3a) Page 12 8c. First Reading of an Ordinance Amending Sections of Chapter 8 – Building and Contractor Licensing and Chapter 12 Environmental and Public Health Codes Mr. Hoffman presented the staff report and explained that some of the proposed modifications are intended to address complaints received from the community. Program changes are intended to be effective without adding an administrative burden for business owners and City staff. He noted that there is currently State Legislation under consideration that would create a statewide voluntary registration for massage therapists and if passed, a State registered massage therapist would not be required to a city license as the proposed ordinance would require. Ms. Boettcher presented an overview of the proposed changes to Chapter 8 and Chapter 12. She explained the substantial revisions to the code regarding peddlers and solicitors, including transfer of the program administration to the Police Department to help facilitate the background, licensing, and complaint investigation process in one location Councilmember Santa requested clarification regarding possible exception language in the peddlers and solicitors code and asked if people who drop literature are required to obtain a license. She also asked about Girl Scouts and/or students from high schools who are doing fundraising. She also asked if a license is required if a resident is soliciting funds from their neighbors as part of a campaign for the Cancer Society or Heart Association. Mr. Hoffman replied that people who are simply dropping literature are not required to obtain a license or pay a fee. He stated that there is an exception for Girl Scouts or others who take orders for products; however, if there are individuals soliciting funds for charity, they would be required to obtain a license because they would fall under the class of general fundraiser. He added that the City Attorney has prepared language that could revise this definition if the Council chooses, and that language could be considered in the Second Reading. Councilmember Santa stated she would like to have this exception language included in the Second Reading. Councilmember Mavity asked if each student from a school team doing a fundraiser, e.g., selling coupon books, would need an individual photo ID. Mr. Scott referenced the exemption outlined in Sec. 8-571 which indicates that any person selling a product as part of a fundraising effort would be exempted from the licensing requirement, e.g., Girl Scout cookies, coupon books, and other types of fundraisers for schools. He stated that the exemptions do not address the issue raised by Councilmember Santa with respect to a resident asking neighbors for donations for a nonprofit organization’s campaign. He explained that he has drafted some language that states if a resident of the City is soliciting funds for a nonprofit in their neighborhood, the resident would not need a license. CC Meeting of April 5, 2010 (Item No. 3a) Page 13 Councilmember Mavity stated she would want to see this exception included in the ordinance and to make it clear that any St. Louis Park school-related types of fundraising would not be required to obtain a license. Councilmember Finkelstein stated that it is not the City’s intent to stop the Boy Scouts, the Girl Scouts, or any community groups from going door to door in the City. He stated the City has had issues in the past with groups coming in and hassling some of the residents. Councilmember Sanger concurred and stated she supports the changes requested by Councilmembers Santa and Mavity. She stated that some residents have been bombarded by solicitors who were intrusive and the intent of the ordinance is to ensure that all peddlers and solicitors are legitimate. She added that residents can obtain “No Soliciting” signs free of charge at City Hall, and if a resident is bothered by a solicitor or if a solicitor appears to be of questionable integrity, residents should contact the Police Department. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to Adopt First Reading of Ordinance amending several sections in Chapter 8 relating to Business and Contractor Licensing and Section 12-1 of the Environmental and Public Health Code and set second reading for April 5, 2010. The motion passed 7-0. 8d. Contract Amendment – Highway 7/Louisiana Avenue Interchange Project Mr. Olson presented the staff report and stated that the City is nearing the completion of Phase 2 and has two remaining concept designs under consideration. He explained that staff is recommending that both design options be carried into Phase 3 in order to best determine which concept is more favorable to area redevelopment. This phase will include preliminary design work and environmental assessment. He stated that SEH provided an estimate for Phase 3 work in the amount of $300,000 for one concept, and both concepts through Phase 3 would be an additional $50,000. He noted that the SEH contract amount is based on actual work performed. Councilmember Omodt asked if the Governor’s recent veto of light rail station planning dollars will have any impact on this project. Mr. Harmening stated that today’s veto of the line item in the bonding bill relative to transit will not be the final item of legislation related to the SW corridor. He stated it is still staff’s recommendation to continue with this project in order to remain competitive for federal funding for transportation improvements and to finish Phase 3 in order to have the most important work done from a due diligence perspective. CC Meeting of April 5, 2010 (Item No. 3a) Page 14 Councilmember Finkelstein stated that simply because the City is going forward with the next phase of this project does not mean that the City has committed to building this interchange, primarily because the City cannot do this project without Federal funding. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve Amendment No. 1 to Contract 142-08 which provides additional engineering consulting services for the Highway 7 / Louisiana Avenue Interchange project, Project No. 2012-0100. The motion passed 7-0. 9. Communications Mayor Jacobs announced the upcoming retirement of Linda Saveraid, the City’s Community Education Director. He expressed the City Council’s best wishes to her in her retirement. Mayor Jacobs stated the Lions Club will be holding their annual breakfast on March 28th from 7:30 a.m. to 1:00 p.m. at the Junior High School. Mayor Jacobs presented tickets to the councilmembers for the free band/orchestra/choir gala at the high school on March 24th at 7:00 p.m. Councilmember Sanger reminded residents of the importance of returning their completed 2010 Census form which needs to be mailed back in the next couple of weeks. She stated the confidential data leads to allocation of federal and state funds for several purposes and is also used for redistricting of congressional seats. She added that Minnesota is in jeopardy of losing one of its congressional seats. 10. Adjournment The meeting adjourned at 9:52 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: April 5, 2010 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA MARCH 22, 2010 The meeting convened at 6:36 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), Parks and Recreation Director (Ms. Walsh), Environmental Coordinator (Mr. Vaughan), Communications Coordinator (Mr. Zwilling), City Assessor (Mr. Bultema), Commercial Appraiser (Ms. Nathanson), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – April 5 and April 12, 2010 Mr. Harmening presented the proposed special study session agenda for April 5 and April 12, 2010. Councilmember Finkelstein requested that staff provide Council with the 2009 monthly reports as part of the discussion on April 12 regarding charitable gambling. He asked if it would be helpful to have someone from the State Gaming Commission in attendance at that meeting. Councilmember Sanger stated she felt it would be prudent for Council to have this discussion first, without a representative from the State present. Councilmember Mavity stated at the last Council meeting the owner of Texa-Tonka Lanes indicated the difficulty with the current organization in determining gambling proceed donation amounts specific to St. Louis Park from his location. She requested that the Council be provided with an outline of this process. Mayor Jacobs stated that a significant amount of research on this issue has previously been completed by staff and can be reviewed again by Council as part of its discussion on April 12th. 2. 2010 Emerald Ash Borer Plan Ms. Walsh presented the staff report and stated this plan represents a proactive approach to the impending problem when the Emerald Ash Borer (EAB) is found within the City. She reported that the City received a grant from the Minnesota Department of Agriculture totaling $89,800 to remove boulevard trees that are in poor condition and to plant a diverse number of trees in an effort to soften the loss of ash trees. She stated that staff has recently completed a boulevard ash tree survey and found a total of 2,343 boulevard ash trees and approximately 450 ash trees in City parks. Staff has also rated the trees by condition on a rating scale of 1 to 5, with 1 being in the worst condition. CC Meeting of April 5, 2010 (Item No. 3b) Page 2 She added this plan is an attempt to slow the spread of EAB to the point where it can be effectively managed and enhance reforestation. She pointed out that the EAB plan is not an attempt to treat the disease because the effectiveness of current treatment methodologies are still being researched. Mr. Vaughan explained it is best to remove the trees when they are dormant, typically starting around October 1st and through the end of March. He stated that 148 trees were rated lowest, and these trees would be replanted either next spring or in the fall. He added the EAB has not yet been found in the City. Mayor Jacobs and Councilmember Sanger stated they were in agreement with the proposed plan. Councilmember Omodt stated he was also in agreement with the plan and requested that staff discuss how it will deal with public versus private trees. Mr. Vaughan stated that the City will kick off a campaign in the next month or so aimed at educating residents about the disease that will include information about how it is spread and options for treating it. He added the protocol will be similar to Dutch Elm Disease. If the City finds EAB on a private tree, the City will tag and remove the tree, with 100% of the cost borne by the property owner. He added that this cost can be paid by the property owner in payments. He stated that City staff will make house calls to residents at no charge to inspect their trees and provide an objective point of view regarding treatment options. He indicated if a tree is cut down, the wood cannot be moved out of the County, and it is recommended that the wood either be burned or Waste Management will pick it up for processing at its tree processing center. Councilmember Ross requested information about the cost sharing for removal of boulevard trees. Ms. Walsh stated that in 2003, the City revised its boulevard tree removal program to require cost sharing by the property owner at a rate of 50%. Residents are notified when they have a diseased boulevard tree and are billed for 50% of the removal cost. Councilmember Sanger expressed concern that residents will not water the replacement trees and felt the City should have a better system in place for requiring residents to water their boulevard trees. It was the consensus of the City Council to direct staff to implement the Emerald Ash Borer Plan as presented. 3. 2010 Urban Forestation Planting Plan Ms. Walsh presented the staff report and stated staff is proposing to spend $25,000 from the Land Sale Proceeds to plant additional trees in 2010 on public property. Councilmember Sanger stated she was in agreement with the plan. She added that the City used to subsidize the cost of injections for Dutch Elm Disease (DED) and indicated that some residents have told her that they cannot afford to inject their trees and are simply letting the trees die. She suggested that the City allocate monies to reinstate the DED subsidy program in some fashion in order to provide an incentive to residents to maintain their mature trees. CC Meeting of April 5, 2010 (Item No. 3b) Page 3 Ms. Walsh indicated that Rainbow Treecare has agreed to provide St. Louis Park residents with a 10% discount if they continue to inject their elm trees for DED. Councilmember Sanger suggested the City supplement that discount as an incentive to save some of the bigger trees. Mr. Harmening stated it is up to the City Council how it wishes to prioritize the use of the Land Sale Proceeds and whether to amend its current policy to include subsidies for tree injections. Discussion ensued regarding the effectiveness of tree injections and diversification of tree planting. It was the consensus of the City Council to direct staff to provide the Council with further information regarding possible reinstitution of the subsidy program to treat elm trees. 4. Turf Feasibility Report – High School Football Field Ms. Walsh presented the staff report and feasibility study prepared pursuant to Council’s request. She noted that the City does not incur any cost for maintaining the current field and the School District spends approximately $20,000 per year to maintain the field. Councilmember Ross requested further information regarding potential users of an artificial turf field and frequency of use by others outside of school activities. She stated she is struggling with how this benefits the City as a whole. Ms. Walsh explained that use of the turf would be worked out as part of an agreement with the School District. She stated she felt there would be ample opportunities for others to use the turf, particularly during the summer months. Councilmember Sanger asked if the City has ever received an indication from the School District as to what it wants the City to do as it relates to the turf issue. She stated she felt the City has spent too much money working on this and recommended that the City stop any further work on the project. She stated this represents an outrageous cost particularly given the difficult economy and in the face of laying off employees and cutting services, and is not willing to spend any more time on this. She indicated that the City is accommodating current recreational needs in all the City parks and expressed concern that this could lead to a desire to have artificial turf in all City parks. Councilmember Omodt respectfully disagreed with Councilmember Sanger and stated if the Council is looking at this only as a means to save money, it is the wrong argument. He urged the Council to determine if the turf would provide a benefit in terms of educational or environmental stewardship and not just in terms of saving money. He stated there will never be a perfect time to do anything, but this is probably the best time to undergo civic projects because labor is cheap and the City has the ability to bond for projects such as this. He added he felt the City should look at this to see if there is a community need beyond just the youth associations and asked if staff can quantify what other uses might be and what fees could be generated from other uses. CC Meeting of April 5, 2010 (Item No. 3b) Page 4 Councilmember Sanger agreed that the overall community needs should be addressed as well as a community center, which entails more than looking at just turf. Councilmember Mavity stated she did not feel this should be a city versus school issue, as each entity is involved in the other’s success. She stated the City does not currently have a facility like the Maple Grove Community Center, and a community center like Maple Grove’s would get much more use. Councilmember Finkelstein stated he felt the Council should continue to look at this, but as part of an overall community center. He stated the reason Council is studying this now is because the City was told there would be great cost savings and that does not appear to be the case. He added there does not appear to be any immediacy to doing this right now and felt it made sense to look at this in the context of a community center. He also stated the City needs to receive a specific proposal from the School District in terms of what are they interested in and what they are willing to contribute. Councilmember Santa expressed concern that there is little available parking on this site. Mayor Jacobs stated there appears to be a consensus with some dissent to study this issue further, including obtaining information from the School District about their expectations and willingness to pay for turf. He stated he would also like to know what other types of uses the turf would have. He indicated he felt the City should study this site as part of an overall community center that is phased in over time. Councilmember Sanger stated she felt the City should first address the community recreational needs of the City, and then determine to what extent that translates into one or more gathering places and what those locations should be. Councilmember Mavity stated the City cannot build a community center without community involvement and it will be important to have a process that creates guidance and involvement from residents. Councilmember Sanger concurred and stated at one time, there were several people willing to serve on a limited task force regarding this issue and the City may want to resurrect that idea. She added that the School District previously received input from residents regarding their willingness to support a referendum for artificial turf and the School District received a resounding “no” from residents. Discussion ensued regarding a community center and spending priorities vis-à-vis artificial turf. Mr. Harmening stated it appears the Council would like to address the turf issue in terms of an overall recreational needs perspective and to talk to the School District regarding its financial commitment. He stated the bigger community needs assessment will require further study and resources. CC Meeting of April 5, 2010 (Item No. 3b) Page 5 Mayor Jacobs stated he would like to conduct an overall community needs assessment, but that would be a separate, broader discussion. He added he would like to have the Council take a tour of other community centers as part of this, but does not want to slow down the turf discussion at this time. It was the consensus of the majority of the City Council to direct staff to continue its efforts on partnering with the School District with respect to artificial turf, including obtaining specific information from the School District regarding its financial commitment as well as usage. The City Council also directed staff to provide the City Council with further information regarding recreational needs and demand for turf in the City. It was also the consensus of the City Council that the artificial turf issue would not be discussed at the joint meeting with the School Board on April 19th without first obtaining the information sought by the City Council with respect to the School District’s financial commitment. Councilmember Omodt left the meeting at 8:06 p.m. 5. 2010 Valuation Report Mr. Bultema presented the staff report and an overview of the property tax system, the assessment process, and the valuation picture for the City as of January 2, 2010. He reviewed the assessing process undertaken by staff and presented a summary of the City’s 2010 assessment roll. He reported the total valuation of the City reflects a 3.4% decline in total value versus 2009 and pointed out that residential uses comprise 69.6% of total value, apartment uses comprise 9.3% of total value, and commercial/industrial comprise 21.2% of total value. He also reviewed residential sales in 2009 and historical median sales prices with comparative information for neighboring communities. He pointed out that the City is in the bottom fifth of lender mediated transactions based on other cities, and noted that both Golden Valley and Edina are seeing foreclosures that all pulling down their markets. He then presented single family home neighborhood by neighborhood changes, and stated that more foreclosures are being seen in the condominium/townhome market. Mr. Bultema discussed historical data regarding the City’s commercial and industrial properties and stated the City’s commercial-industrial value increased for both the 2009 and 2010 assessment periods, which is largely attributable to the West End development project. He then reviewed with the Council the appeal process and the Council’s role as the Local Board of Appeal and Equalization; the Local Board will convene on April 26th with a likely reconvene date of May 10th. Mr. Zwilling stated that information will be posted on the City’s website reminding residents to review their valuation notices. He added that it may be useful to also include information on the website regarding how St. Louis Park stacks up against other cities in terms of valuations. CC Meeting of April 5, 2010 (Item No. 3b) Page 6 6. Communications (Verbal) Mr. Harmening reported that the closing on the STEP building located at 6812 Lake Street occurred today, and that STEP is currently awaiting building permit approval for the remodeling. Mr. Harmening advised the Council regarding police activity over the weekend. He reported that two people were arrested Sunday near 29th and Quebec following an altercation where someone was hit over the head with a liquor bottle. He stated another incident occurred at Meadowbrook where a resident was robbed at gunpoint; two people have been arrested following this robbery. Mr. Harmening stated that he received a call from Bill MacMillan of the American Legion regarding their charitable gambling operation. He indicated that Mr. MacMillan advised him that the Legion is currently using Community Charities to operate their pull tab operation and the Legion is considering a change in their pull tab operation. He stated this is similar to the Texa Tonka issue discussed by the Council last week and Mr. MacMillan may attend the Council’s study session on April 12th to hear its discussion regarding charitable gambling. Mr. Harmening stated he will be out of town next week and Ms. Gohman will be available if needed. The meeting adjourned at 8:55 p.m. Written Reports provided and documented for recording purposes only: 7. February, 2010 Monthly Financial Report 8. GreenStep Cities Demonstration Project ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: April 5, 2010 Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Marriott Hotel –Second Reading for Vacation of a Drainage and Utility easement. RECOMMENDED ACTION: Motion to Adopt Second Reading of Ordinance vacating drainage and utility easement 600 Highway 169, and approve the summary ordinance for publication. POLICY CONSIDERATION: Does the City Council wish to grant final approval for the vacation of the existing drainage and utility easement? BACKGROUND: The City Council held a public hearing and approved the first reading of an ordinance vacating an easement at 600 Highway 169 on March 15, 2010. A second reading is required, and 15 days following publication of the ordinance the vacation takes effect. No one appeared at the public hearing other than the applicant. The City Council also approved the Plat and Planned Unit Development for the Marriott Hotel project on March 15, 2010. The proposed hotel would be the newest part of the Metropoint Office Park, located in the Shelard Park neighborhood. The seven- story hotel includes 162 rooms, a conference center, and an on-site restaurant. The vacation request was separate from the PUD and Plat request. The location of the easement is within the platted land, but on the opposite site of the 600 Tower from the proposed hotel. The 15- foot easement was created at the time Shelard Park was originally platted. It runs under the parking ramp attached to the 600 Tower, and has never been used for drainage or utilities. The City Engineer has reviewed the request and has determined that the vacation is acceptable and appropriate. No comments were received from any utility companies related to the proposed vacation. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Ordinance – Vacation Summary Ordinance for Publication Graphic / Legal Description – Vacation Graphic – Approved Marriott Hotel Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 4a) Page 2 ORDINANCE NO._________-10 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT 600 Highway 169 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on March 4, 2010 and the City Council has conducted a public hearing upon said petition and has determined that the easement is not needed for public purposes, and that it is for the best interest of the public that said easement be vacated. Section 2. The following described drainage and utility easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of the 15 foot wide utility and drainage easement adjoining the common line to Lot 1 and Lot 2, Block 7, as dedicated in the plat of SHELARD PARK, Hennepin County, Minnesota, which lies northerly of a line 15 feet north as measured perpendicular to and parallel with the south line of said Lots 1 and 2 and lying southerly of a line 10 feet south as measured perpendicular to and parallel with the northerly line of said Lots 1 and 2. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Public Hearing March 15, 2010 First Reading March 15, 2010 Second Reading April 5, 2010 Date of Publication April 15, 2010 Date Ordinance takes effect April 30, 2010 Reviewed for Administration Adopted by the City Council April 5, 2010 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney CC Meeting of April 5, 2010 (Item No. 4a) Page 3 SUMMARY ORDINANCE NO._____-10 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT 600 Highway 169 This ordinance states that a drainage and utility easement located at 600 Highway 169 is vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 5, 2010 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: April 15, 2010 CC Meeting of April 5, 2010 (Item No. 4a)Page 4 CC Meeting of April 5, 2010 (Item No. 4a)Page 5 CC Meeting of April 5, 2010 (Item No. 4a)Page 6 COurtyard minneapOlis west st. louis park, minnesota 17 august 2009 Conceptual Rendering CC Meeting of April 5, 2010 (Item No. 4a)Page 7 Meeting Date: April 5, 2010 Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Municipal Service Center (MSC) Soil Removal Project and Request for Bids as part of the MSC Renovation Project 2008-1900. RECOMMENDED ACTION: Motion to Adopt Resolution accepting this report, approving plans and specifications for soil removals and authorizing advertisement for bids. POLICY CONSIDERATION: Does the Council wish to proceed with removing the impacted soils from the Municipal Service Center Project site? BACKGROUND: During the first stages of site work for the MSC Renovation Project, unexpected debris and petroleum impacted soils were discovered below grade. Transport and disposal of the initial excavation resulted in using a significant portion of the project contingency funds. The City applied for and received two Hennepin County Environmental Response Grants. The first was an emergency grant awarded November 2009 in the amount of $18,292. These funds were used to offset a portion of the cost for disposing of a portion of the impacted soil, helping to enable storage of the remaining material on the site. The second grant was applied for during the regular cycle and awarded February 2010 for removal and disposal costs up to $534,000. This grant will be used for removing and landfill disposal of the approximately 16,000 cubic yards of material remaining from construction of the stormwater pond. DISCUSSION: AECOM, the City’s environmental consultant on this project has assisted with developing the plan and specifications for this project for review by the City Attorney. The stockpiled material on-site must be removed and transported to a landfill for disposal before the MSC Project work may be completed. Soil removal is expected to start in early June and be completed within approximately two or three weeks. FINANCIAL OR BUDGET CONSIDERATION: The Hennepin County Environmental Response Grant will refund the city for actual amount expended up to $534,000. Our engineers estimate for this project is approximately $500,000 for the removal and disposal of the impacted soils. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 4b) Page 2 RESOLUTION NO. 10-__________ RESOLUTION ACCEPTING THE PROJECT REPORT, APPROVING PLANS AND SPECIFICATIONS FOR SOIL REMOVAL, AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, the City Council of the City of St. Louis Park has received a report from the Director of Inspections related to the Municipal Service Center Renovation project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 2008-1900 is hereby accepted. 2. Such soil removal as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated under the MSC Renovation Project No. 2008-1900 is hereby established and ordered. 4. The plans and specifications for the undertaking of the removal and disposal of soil, as prepared under the direction of AECOM, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper an advertisement for bids for the said soil removal and disposal project under said approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The Director of Inspections, or designee, shall report the receipt of bids to the City Council shortly after letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council April 5, 2010 ___________________________________ ____________________________________ City Manager Mayor Attest: ___________________________________ City Clerk Meeting Date: April 5, 2010 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: Acceptance of Donation from City of Rosemount of Used Server Equipment. RECOMMENDED ACTION: Motion to Adopt Resolution Accepting Donation from City of Rosemount in the form of two network servers (HP ProLiant). POLICY CONSIDERATION: Does the City Council wish to accept the donation? BACKGROUND: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended or used. The City of Rosemount has graciously offered to donate to the City of St. Louis Park two HP ProLiant network servers. The donation is given as equipment the City of St. Louis Park can utilize where the City of Rosemount cannot. These servers can be used in St. Louis Park as backup equipment by creating redundant web site network servers. FINANCIAL OR BUDGET CONSIDERATION: The donation will assist the City of St. Louis Park by reducing capital expenditures that would have been needed to purchase new servers from the Capital Replacement Fund, saving about $11,000. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Brenda Nelson, IT Manager Through: Clint Pires, Chief Information Officer Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 4c) Page 2 RESOLUTION NO. 10-____ RESOLUTION ACCEPTING DONATION FROM CITY OF ROSEMOUNT IN THE FORM OF TWO NETWORK SERVERS WHEREAS, the City of Rosemount has offered to donate to the City of St. Louis Park two HP ProLiant network servers; and WHEREAS, such donation will benefit the citizens of the City of St. Louis Park; WHEREAS, Minnesota Statutes Section 465.03 requires that donations of real or personal property be accepted by a resolution of the City Council adopted by a two-thirds majority of its members. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK AS FOLLOWS: 1. That the donation of two (2) HP ProLiant network servers is hereby accepted; and 2. The Mayor and City Manager are authorized to execute any documents which are necessary to effectuate this transaction. Reviewed for Administration: Adopted by the City Council April 5, 2010 City Manager Mayor Attest: City Clerk Meeting Date: April 5, 2010 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: Amendment to premises for the on-sale intoxicating and Sunday sales liquor license for Crave. RECOMMENDED ACTION: Motion to approve premises amendment to the on-sale intoxicating and Sunday sales liquor license for Crave Hospitality WE LLC doing business as Crave located at 1603 West End Boulevard. POLICY CONSIDERATION: Does the Council wish to approve the premises amendment for the liquor license at Crave? BACKGROUND: Crave located at 1603 West End Blvd has made a request to the City of St. Louis Park for an amendment to their current on-sale intoxicating liquor license premises to add an additional dining area. The proposed area to be added is approximately 600 sq ft which will include 8 additional tables which accommodates another 32 seats. This amendment to the premises would bring the total seating for the restaurant both inside and the outside to approximately 351. All requirements have been met with Inspections Department. City Ordinance Section 3-68 (a) states each liquor license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises described in the license. City Ordinance Section 3-106 states proposed enlargement or substantial alteration which changes the character of the licensed establishment or extension of a premise previously licensed shall not be allowed unless the city council approves an amendment to the liquor license. The applicant has met all requirements for a premises amendment to their current on-sale intoxicating and Sunday sales liquor license. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: April 5, 2010 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: Vendor Claims. RECOMMENDED ACTION: Motion to Accept for filing Vendor Claims for the period March 13, 2010 through April 2, 2010. 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 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 1Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 1,050.56FABRICATIONOTHER IMPROVEMENT SUPPLIES3M 1,050.56 300.00SPECIAL EVENTS OTHER CONTRACTUAL SERVICES3RD LAIR SKATEPARK 200.00SKATEBOARD PROGRAMS OTHER CONTRACTUAL SERVICES 500.00 407.62TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC 407.62 353.02GENERAL REPAIR EQUIPMENT MTCE SERVICEABM EQUIPMENT & SUPPLY INC 353.02 748.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE 748.00 173.97PARK AND RECREATION BALANCE SH INVENTORYACTION FLEET INC 90.69GENERAL REPAIR EQUIPMENT MTCE SERVICE 2,874.89CABLE TV G & A OFFICE EQUIPMENT 3,139.55 2,330.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESACZ LABORATORIES INC 2,330.00 1,518.50MUNICIPAL BLDG BUILDINGS & STRUCTURESAECOM USA INC 1,518.50 639.91OPERATIONSEQUIPMENT MTCE SERVICEALEX AIR APPARATUS INC 639.91 141.00BUILDING MAINTENANCE EQUIPMENT MTCE SERVICEALLIANCE MECH SRVCS INC 141.00 2,187.73GENERAL BUILDING MAINTENANCE OTHERAMERICAN PRESSURE INC 2,187.73 219.46PARK AND RECREATION BALANCE SH INVENTORYAMERICAN TIRE DISTRIBUTORS 219.46 145.96GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 215.28PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 135.99PARK MAINTENANCE G & A OPERATIONAL SUPPLIES CC Meeting of April 5, 2010 (Item No. 4e)Page 2 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 2Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 53.44ENTERPRISE G & A GENERAL SUPPLIES 141.87VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 69.36WATER UTILITY G&A OPERATIONAL SUPPLIES 69.36SEWER UTILITY G&A OPERATIONAL SUPPLIES 831.26 168.00INSPECTIONS G & A ELECTRICALANDERSON, LAINE 168.00 104.67WATER UTILITY G&A PRINTING & PUBLISHINGANDERSON, SCOTT 42.30REILLY BUDGET POSTAGE 104.66STORM WATER UTILITY G&A PRINTING & PUBLISHING 251.63 53.89HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEAQUILA NEIGHBORHOOD ASSN 53.89 277.68ENTERPRISE G & A GENERAL SUPPLIESARAMARK UNIFORM CORP ACCTS 277.68 3,214.86TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEARBOR BARBER INC 3,214.86 1,000.00MUNICIPAL BLDG RENTAL BUILDINGSARCA MINNESOTA INC 1,000.00 32.57COMMUNICATIONS/GV REIMBURSEABL TELEPHONEAT&T 32.57 500.00POLICE G & A TRAININGATOM 500.00 647.50HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESBARNA, GUZY & STEFFEN LTD 647.50 172.02BUILDING MAINTENANCE GENERAL SUPPLIESBATTERIES PLUS 172.02 8,842.89WATER UTILITY G&A OTHER CONTRACTUAL SERVICESBLOOMINGTON, CITY OF 8,842.89 2,135.50PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIBRAUN INTERTEC CORPORATION CC Meeting of April 5, 2010 (Item No. 4e)Page 3 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 3Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 2,135.50 1,000.00ESCROWSPMC ESCROWBRESTON, SHANNON 1,000.00 672.94HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEBRONX PARK NEIGHBORHOOD ASSOC 100.00NEIGHBORHOOD ASSOCIATION GRANT PUBLIC LIABILITY INSURANCE 772.94 72.68INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESBRUHN, AMBER 72.68 7,500.00ESCROWSPMC ESCROWBUBB, LARRY 7,500.00 100.00WATER UTILITY G&A TRAININGCAIN, DAVE 100.00 741.00OPERATIONSRADIO COMMUNICATIONSCALHOUN TOWERS APTS 741.00 121.84PARK MAINTENANCE G & A GENERAL SUPPLIESCAMDEN INDUSTRIAL SUPPLY 121.84 6,859.71ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 195.00CABLE TV G & A LEGAL SERVICES 105.00RIGHT-OF-WAY IMPROVEMENTS OTHER THAN BUILDI 105.00WATER UTILITY G&A LEGAL SERVICES 30.00REILLY G & A LEGAL SERVICES 7,294.71 297.11IT G & A EQUIPMENT MTCE SERVICECARTRIDGE CARE 297.11 617.48TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTCDW GOVERNMENT INC 617.48 4,573.88FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 3,337.67PARK MAINTENANCE G & A HEATING GAS 287.51WESTWOOD G & A HEATING GAS 327.33NATURALIST PROGRAMMER HEATING GAS 240.60GO BONDS-FIRE STATIONS G&A HEATING GAS CC Meeting of April 5, 2010 (Item No. 4e)Page 4 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 4Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 8,353.13WATER UTILITY G&A HEATING GAS 346.82REILLY G & A HEATING GAS 1,035.02SEWER UTILITY G&A HEATING GAS 18,501.96 16,225.10FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN 9,330.60ENTERPRISE G & A HEATING GAS 25,555.70 89.97PRINTING/REPRO SERVICES OFFICE SUPPLIESCENTRAL ENVELOPE CORPORATION 89.97 10,400.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,400.00 125.69PARK AND RECREATION BALANCE SH INVENTORYCHRYSLER JEEP 125.69 100.00BASKETBALLOTHER CONTRACTUAL SERVICESCHURCHILL, LEE 100.00 1,984.56E-911 PROGRAM OPERATIONAL SUPPLIESCIRCUITWORKS 1,984.56 12.34-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 573.23ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 484.29ADMINISTRATION G & A MEETING EXPENSE 53.62HUMAN RESOURCES GENERAL SUPPLIES 27.65HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 350.00HUMAN RESOURCES RECOGNITION 95.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPS 30.10HUMAN RESOURCES MEETING EXPENSE 28.95SUPPORT SERVICES G&A OFFICE EQUIPMENT 155.39DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES 180.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 20.00FINANCE G & A MEETING EXPENSE 211.30POLICE G & A OPERATIONAL SUPPLIES 19.75POLICE G & A REPAIRS 21.19TASK FORCE OPERATIONAL SUPPLIES 637.60Justice Assistance Grant -2005 SEMINARS/CONFERENCES/PRESENTAT 19.29OPERATIONSOFFICE SUPPLIES 157.33OPERATIONSGENERAL SUPPLIES CC Meeting of April 5, 2010 (Item No. 4e)Page 5 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 5Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 100.78OPERATIONSOPERATIONAL SUPPLIES 225.00OPERATIONSEMERGENCY PREPAREDNESS 79.90INSPECTIONS G & A GENERAL SUPPLIES 25.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT 796.33PARK AND RECREATION BALANCE SH INVENTORY 58.12-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 463.57ORGANIZED REC G & A GENERAL SUPPLIES 4.17ORGANIZED REC G & A PRINTING & PUBLISHING 380.00ORGANIZED REC G & A TRAINING 640.00BASKETBALLOTHER CONTRACTUAL SERVICES 5.34BROOMBALLGENERAL SUPPLIES 527.01PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 273.51DEER MANAGEMENT OTHER IMPROVEMENT SUPPLIES 75.79WESTWOOD G & A GENERAL SUPPLIES 206.80WESTWOOD G & A TRAINING 558.26ARENA MAINTENANCE BLDG/STRUCTURE SUPPLIES 63.71VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 680.00VEHICLE MAINTENANCE G&A TRAINING 72.11VEHICLE MAINTENANCE G&A SEMINARS/CONFERENCES/PRESENTAT 97.49CABLE TV G & A OTHER CONTRACTUAL SERVICES 169.99FRANCHISE ADMINISTRATION SUBSCRIPTIONS/MEMBERSHIPS 5.10SOLID WASTE COLLECTIONS GENERAL SUPPLIES 8,444.09 157.46INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESCOLBORN, CHRISTINE 157.46 275.00BASKETBALLOTHER CONTRACTUAL SERVICESCOLWELL, JOE 275.00 319.90IT G & A DATACOMMUNICATIONSCOMCAST 319.90 1,075.00OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICESCONCRETE ETC INC 1,075.00 427.13BUILDING MAINTENANCE GENERAL SUPPLIESCONTINENTAL RESEARCH CORP 427.13 685.07OPERATIONSOPERATIONAL SUPPLIESCONTINENTAL SAFETY EQUIPMENT 685.07 CC Meeting of April 5, 2010 (Item No. 4e)Page 6 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 6Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 350.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESCRAZY LIKE A FOX FILMS LLC 350.00 37.41WESTWOOD G & A GENERAL SUPPLIESCROWN MARKING INC 37.41 90.79ADMINISTRATION G & A GENERAL SUPPLIESCROWN STAMP & ENGRAVING CO 90.79 2,247.19SEWER UTILITY G&A OTHER CONTRACTUAL SERVICESCUES 2,247.19STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 4,494.38 56.00BASKETBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 56.00 7,988.91WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 7,988.91 383.00GENERAL BUILDING MAINTENANCE EQUIPMENT PARTSDALCO ENTERPRISES INC 383.00 597.74VEHICLE MAINTENANCE G&A GENERAL SUPPLIESDELEGARD TOOL CO 597.74 35.00FACILITIES MCTE G & A LICENSESDEPT LABOR & INDUSTRY 35.00 266.50ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 266.50 1,779.86ARENA MAINTENANCE BUILDING MTCE SERVICEDJ ELECTRIC SERVICES INC 1,547.11PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 3,326.97 22,060.48SUPPORT SERVICES G&A POSTAGEDO-GOOD.BIZ INC 22,060.48 51,765.00ESCROWSGENERALDUKE REALTY CORP 51,765.00 3,500.00ESCROWSPMC ESCROWEDMOND, CHRISTOPHER CC Meeting of April 5, 2010 (Item No. 4e)Page 7 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 7Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 3,500.00 762.50WIRING REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 762.50 142.50PPL LOUISIANA COURT OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 475.00SUNSET RIDGE OTHER CONTRACTUAL SERVICES 617.50PAVEMENT MANAGEMENT G&A OTHER CONTRACTUAL SERVICES 1,235.00 1,289.15SEWER UTILITY G&A EQUIPMENT PARTSELECTRIC PUMP INC 1,289.15 468.88INSPECTIONS G & A MERCHANDISE FOR RESALEELVIN SAFETY SUPPLY 468.88 3,248.23GENERAL REPAIR EQUIPMENT MTCE SERVICEEMERGENCY APPARATUS MTNCE 3,248.23 287.68BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESEMERGENCY LITE SRVC CTR 287.68 227.50IT G & A EQUIPMENT MTCE SERVICEENCORE BROKERS 227.50 1,056.00MUNICIPAL BLDG BUILDINGS & STRUCTURESENVIROBATE METRO 1,056.00 507.57PARK AND RECREATION BALANCE SH INVENTORYENVIRONMENTAL EQUIPMENT & SERV 507.57 33,954.30SOLID WASTE COLLECTIONS RECYCLING SERVICEEUREKA RECYCLING 33,954.30 199.82PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 199.82 82.59WATER UTILITY G&A GENERAL CUSTOMERSFASAHM UTILITIES 82.59 59.65VEHICLE MAINTENANCE G&A GENERAL SUPPLIESFASTENAL COMPANY 59.65 CC Meeting of April 5, 2010 (Item No. 4e)Page 8 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 8Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 29.95OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSFIRE ENGINEERING 29.95 200.00OPERATIONSTRAININGFIRE MARSHAL ASSOC OF MN 200.00 178.53VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICEFIRST STATE TIRE RECYCLING 178.53 309.10STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIFIRST STUDENT INC 309.10 229.36HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEFLORY, MATT 229.36 442.62POLICE G & A OPERATIONAL SUPPLIESFOURTH JUDICIAL DISTRICT 442.62 191.12ENGINEERING G & A GENERAL SUPPLIESG S DIRECT 191.12 900.00BASKETBALLOTHER CONTRACTUAL SERVICESGHIZONI, DAVE 900.00 269.90WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 269.90 305.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPSGOVERNMENT FINANCE OFFICERS AS 305.00 225.08FACILITIES MCTE G & A GENERAL SUPPLIESGRAINGER INC, WW 24.82GENERAL BUILDING MAINTENANCE GENERAL SUPPLIES 339.46PUBLIC WORKS OPS G & A GENERAL SUPPLIES 55.80PARK MAINTENANCE G & A GENERAL SUPPLIES 645.16 1,557.95WIRING REPAIR OTHER IMPROVEMENT SUPPLIESGRANITE LEDGE ELECTRICAL CONTR 1,557.95 2,500.00ESCROWSBROOKSIDE TRAFFIC STUDYGREAT NEIGHBORHOOD HOMES INC 2,500.00 CC Meeting of April 5, 2010 (Item No. 4e)Page 9 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 9Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 600.00IT G & A COMPUTER SERVICESGREEN, HOWARD R COMPANY 600.00 2,603.13MUNICIPAL BLDG BUILDINGS & STRUCTURESH2O WASH SYSTEMS LLC 2,603.13 133.04WATER UTILITY G&A OPERATIONAL SUPPLIESHACH CO 133.04 45.50PUBLIC WORKS G & A MILEAGE-PERSONAL CARHANSEN, SHANNON 45.50 2,338.52WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 2,338.52 340.00BASKETBALLOTHER CONTRACTUAL SERVICESHEALEY, MICHAEL 340.00 250.00BASKETBALLOTHER CONTRACTUAL SERVICESHENDERSON, TRACY 250.00 451.46IT G & A COMPUTER SERVICESHENNEPIN COUNTY INFO TECH 2,240.00POLICE G & A EQUIPMENT MTCE SERVICE 800.00OPERATIONSRADIO COMMUNICATIONS 256.00OPERATIONSEMERGENCY PREPAREDNESS 3,747.46 855.19POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFFS ACCTG 855.19 4,887.75POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER 4,887.75 1,500.00IT G & A GENERAL PROFESSIONAL SERVICESHEYER SOLUTIONS 1,500.00 1,800.00SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEHIGHVIEW PLUMBING INC 1,800.00 119.85ENGINEERING G & A TRAININGHIGHWAY TECHNOLOGIES INC 119.85 CC Meeting of April 5, 2010 (Item No. 4e)Page 10 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 10Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 20.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESHOITOMT, JANET 20.00 26.00YOUTH PROGRAMS PROGRAM REVENUEHOLFIELD, PATTI 26.00 553.56FACILITIES MCTE G & A GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 1.52PATCHING-PERMANENT GENERAL SUPPLIES 23.92PATCHING TEMPORARY GENERAL SUPPLIES 36.99SWEEPINGEQUIPMENT PARTS 34.81ROUTINE MAINTENANCE GENERAL SUPPLIES 37.83DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 101.37RELAMPINGOTHER IMPROVEMENT SUPPLIES 24.03PARK MAINTENANCE G & A GENERAL SUPPLIES 463.53PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 29.44WATER UTILITY G&A GENERAL SUPPLIES 53.57WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 16.57SEWER UTILITY G&A GENERAL SUPPLIES 1,377.14 76.33ADMINISTRATION G & A MEETING EXPENSEHSBC BUSINESS SOLUTIONS 47.01PATCHING TEMPORARY GENERAL SUPPLIES 123.34 261.39PARK AND RECREATION BALANCE SH INVENTORYI-STATE TRUCK CENTER 261.39 1,576.35EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,576.35 2,556.28IT G & A EQUIPMENT MTCE SERVICEIKON OFFICE SOLUTIONS 2,556.28 4,845.69IT G & A TELEPHONEINTEGRA TELECOM 4,845.69 277.71PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD 277.71 30.00OPERATIONSTRAININGINVER GROVE HEIGHTS, CITY OF 30.00 CC Meeting of April 5, 2010 (Item No. 4e)Page 11 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 11Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 82.23ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN 84.79POLICE G & A OTHER CONTRACTUAL SERVICES 167.02 56.25BASKETBALLOTHER CONTRACTUAL SERVICESISD #283 56.25 2,600.00OPERATIONSFIRE EQUIPMENTJEFFERSON FIRE & SAFETY INC 2,600.00 14.99SWEEPINGGENERAL SUPPLIESJERRY'S MIRACLE MILE 5.75-VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 9.24 836,665.00MUNICIPAL BLDG BUILDINGS & STRUCTURESJORGENSON CONSTRUCTION INC 836,665.00 5,160.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESJUST-RITE CONSTRUCTION INC 5,160.00 770.64EMPLOYEE FLEX SPEND G&A TUITIONKAMPA, MARK 770.64 38.45FAMILY PROGRAMS GENERAL SUPPLIESKENIGER, ALISA 38.45 8.00PRE-SCHOOL PROGRAMS PROGRAM REVENUEKOTTKE, KATHRYN 8.00 20.59PARK AND RECREATION BALANCE SH INVENTORYKOVATCH MOBILE EQUIPMENT CORP 1.32-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 19.27 233.66PATCHING TEMPORARY OTHER IMPROVEMENT SUPPLIESLAKES GAS CO 233.66 244.13WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESLARSCO INC 244.13 403.76ELECTRICAL SYSTEM MTCE BUILDING MTCE SERVICELARSON, JH CO 292.07RELAMPINGOTHER IMPROVEMENT SUPPLIES CC Meeting of April 5, 2010 (Item No. 4e)Page 12 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 12Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 695.83 2,352.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,352.00 895.88SPEC ASSMT CONSTRUCTION OTHER CONTRACTUAL SERVICESLEGACY SERVICES CORP 895.88 594.00FRANCHISE ADMINISTRATION OTHER CONTRACTUAL SERVICESLEWIS & ASSOCIATES 594.00 1,200.51EMPLOYEE FLEX SPEND G&A TUITIONLEWIS, DON 1,200.51 41,261.00IT G & A COMPUTER SERVICESLOGIS 6,064.80SUPPORT SERVICES G&A POSTAGE 234.36SUPPORT SERVICES G&A COMPUTER SERVICES 1,416.51TECHNOLOGY REPLACEMENT TELEPHONE 8,183.35TECHNOLOGY REPLACEMENT COMPUTER SERVICES 57,160.02 878.98GENERAL REPAIR EQUIPMENT MTCE SERVICEMAACO AUTO PAINTING 836.79ACCIDENT REPAIR EQUIPMENT MTCE SERVICE 1,715.77 340.57PARK AND RECREATION BALANCE SH INVENTORYMACQUEEN EQUIP CO 340.57 2,442.95WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIMAGNEY CONSTRUCTION INC 43,937.50CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 46,380.45 181.29IT G & A EQUIPMENT MTCE SERVICEMATRIX LASER CARE INC 181.29 550.00BASKETBALLOTHER CONTRACTUAL SERVICESMCBRIDE, STEPHEN 550.00 26.69PARK MAINTENANCE G & A GENERAL SUPPLIESMENARDS 67.18REFORESTATIONLANDSCAPING MATERIALS 36.30WESTWOOD G & A GENERAL SUPPLIES 429.75PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES CC Meeting of April 5, 2010 (Item No. 4e)Page 13 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 13Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 559.92 315.92PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESMETRO ATHLETIC SUPPLY 315.92 43.33OPERATIONSEQUIPMENT PARTSMETRO FIRE INC 43.33 848.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS 848.00 11,126.86REILLY BUDGET CLEANING/WASTE REMOVAL SUPPLYMETROPOLITAN COUNCIL 303,683.28OPERATIONSCLEANING/WASTE REMOVAL SERVICE 314,810.14 747.00IT G & A EQUIPMENT MTCE SERVICEMID AMERICA BUSINESS SYSTEMS 747.00 160.00BASKETBALLPROGRAM REVENUEMIDBOE, JAMES 160.00 151.82TREE MAINTENANCE SMALL TOOLSMIDWEST SAFETY COUNSELORS, INC 151.82 510.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 510.00 1,055.00HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEMINIKAHDA VISTA NEIGHBORHOOD A 1,055.00 396.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 396.00 1,225.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATMINNESOTA AWWA 1,225.00 1,386.07EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,386.07 50.88POLICE G & A OPERATIONAL SUPPLIESMINNESOTA COUNTY ATTORNEYS ASS 50.88 CC Meeting of April 5, 2010 (Item No. 4e)Page 14 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 14Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 21,571.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMINNESOTA DEPT HEALTH 192.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 21,763.00 95.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA LEGAL REGISTER 95.00 58.77PARK MAINTENANCE G & A GENERAL SUPPLIESMINNESOTA WANNER COMPANY 58.77 226.98SUPPORT SERVICES G&A OFFICE SUPPLIESMINUTEMAN PRESS 226.98 49.50INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESMOREAU, NATALIE 49.50 31,137.92SANDING/SALTING OTHER IMPROVEMENT SUPPLIESMORTON SALT 31,137.92 1,025.00BASKETBALLOTHER CONTRACTUAL SERVICESMOSE, WILLIAM 1,025.00 1,707.15COMMUNICATIONS/GV REIMBURSEABL EQUIPMENT MTCE SERVICEMOTOROLA 1,707.15 453.00REILLY BUDGET OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 453.00 2,130.82PARK AND RECREATION BALANCE SH INVENTORYNAPA (GENUINE PARTS CO) 89.29PARK MAINTENANCE G & A GENERAL SUPPLIES 2.00ICE RESURFACER EQUIPMENT PARTS 80.76VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 6.07VEHICLE MAINTENANCE G&A SMALL TOOLS 12.59GENERAL REPAIR GENERAL SUPPLIES 2,321.53 168.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCENELSON, HEATHER 168.00 79.65ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS 156.93HUMAN RESOURCES TELEPHONE 515.09RESEARCH & DEVELOPMENT TELEPHONE CC Meeting of April 5, 2010 (Item No. 4e)Page 15 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 15Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 72.65ASSESSING G & A TELEPHONE 72.65FINANCE G & A TELEPHONE 277.42EDA / HA REIMBURSEMENT TELEPHONE 1,087.51POLICE G & A TELEPHONE 608.77OPERATIONSTELEPHONE 72.65INSPECTIONS G & A TELEPHONE 298.88ENGINEERING G & A TELEPHONE 428.13PUBLIC WORKS OPS G & A TELEPHONE 132.03PARK AND REC G&A TELEPHONE 310.93ORGANIZED REC G & A TELEPHONE 252.92PARK MAINTENANCE G & A TELEPHONE 56.47ENVIRONMENTAL G & A TELEPHONE 307.48WESTWOOD G & A TELEPHONE 51.13REC CENTER/AQUATIC PARK SAL TELEPHONE 104.66VEHICLE MAINTENANCE G&A TELEPHONE 394.64WATER UTILITY G&A TELEPHONE 217.95SEWER UTILITY G&A TELEPHONE 17.39SOLID WASTE G&A TELEPHONE 5,515.93 700.00OPERATIONSTRAININGNIELSEN, TAMMY 700.00 20.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER APA 20.00 35.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTNORTHWEST DRUG TASKFORCE 35.00 194.80TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTOCE 194.80 115.50WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK 115.50 28.57SUPPORT SERVICES G&A EQUIPMENT MTCE SERVICEOFFICE DEPOT 52.10FINANCE G & A OFFICE SUPPLIES 97.67GENERAL INFORMATION OFFICE SUPPLIES 363.96POLICE G & A OFFICE SUPPLIES 30.64SUPPORT SERVICES OFFICE SUPPLIES 212.52INSPECTIONS G & A GENERAL SUPPLIES 31.57PUBLIC WORKS G & A OFFICE SUPPLIES CC Meeting of April 5, 2010 (Item No. 4e)Page 16 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 16Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 19.02PUBLIC WORKS OPS G & A OFFICE SUPPLIES 19.02PARK MAINTENANCE G & A OFFICE SUPPLIES 166.60WESTWOOD G & A OFFICE SUPPLIES 19.02VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 5.75HOUSING REHAB G & A OFFICE SUPPLIES 68.82SEWER UTILITY G&A OFFICE SUPPLIES 1,115.26 2,388.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 2,388.00 115.31OPERATIONSOPERATIONAL SUPPLIESOHLIN SALES INC 115.31 43.80INSPECTIONS G & A ELECTRICALOLSEN FIRE PROTECTION 43.80 85.50OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICESON SITE SANITATION 85.50 166.75EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESOPTUM HEALTH FINANCIAL SERVICE 166.75 173.25INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPAPP, MELISSA 173.25 62.12VEHICLE MAINTENANCE G&A GENERAL SUPPLIESPARTS ASSOCIATES INC 62.12 1,000.00ESCROWSPMC ESCROWPATRIOT BUSINESS GROUP 1,000.00 480.00HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEPERSPECTIVES INC. 480.00 2.68WATER UTILITY G&A OTHER CONTRACTUAL SERVICESPETTY CASH 18.40WATER UTILITY G&A POSTAGE 21.08 70.42WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC 17.25WESTWOOD G & A TRAINING 22.16WESTWOOD G & A MILEAGE-PERSONAL CAR CC Meeting of April 5, 2010 (Item No. 4e)Page 17 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 17Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 109.83 3,865.03SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEPIPERIGHT PLUMBING INC 3,865.03 1,229.44INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPOLK, MARLA 1,229.44 527.02PARK AND RECREATION BALANCE SH INVENTORYPOMP'S TIRE SERVICE INC 527.02 1,350.00POLICE G & A LICENSESPOST BOARD 1,350.00 16,292.00PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIPROGRESSIVE CONSULTING ENGINEE 16,292.00 171.38HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEPROJECT FOR PRIDE IN LIVING 171.38 28.80VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER 28.80 70.99IT G & A TELEPHONEQWEST 2,052.89COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 2,123.88 42.73SUPPORT SERVICES POLICE EQUIPMENTRADIO SHACK CORP 42.73 500.00WATER UTILITY G&A LICENSESRAILROAD MANAGEMENT COMPANY II 500.00 2,116.35FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC 1,078.80REC CENTER BUILDING GARBAGE/REFUSE SERVICE 93.05WATER UTILITY G&A GARBAGE/REFUSE SERVICE 707.40SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 3,995.60 652.64HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLERAYMOND, MIKE 652.64 CC Meeting of April 5, 2010 (Item No. 4e)Page 18 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 18Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 129.00WATER UTILITY G&A GENERAL CUSTOMERSREADY INVESTMENTS 129.00 24.95ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSREMODELING 24.95 750.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTRICE LEADERSHIP CONSULTING, ML 750.00 368.70FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESRICHARDSON, TERESA 368.70 1,800.00WATER UTILITY G&A MISC EXPENSERIGHT MANAGEMENT INC 1,800.00 3,553.20WATER UTILITY G&A OTHER CONTRACTUAL SERVICESRMR SERVICES 3,553.20 130.00PARK PAVILIONS PROGRAM REVENUEROSA, DEB 130.00 750.00GENERAL BUILDING MAINTENANCE EQUIPMENT MTCE SERVICEROTO-ROOTER 750.00 3,967.74TREE MAINTENANCE CLEANING/WASTE REMOVAL SERVICES & S TREE & HORTICULTURAL SPE 2,725.31TREE TRIMMING/PRUNING OTHER CONTRACTUAL SERVICES 6,693.05 19.29ORGANIZED REC G & A GENERAL SUPPLIESSAM'S CLUB 49.08ORGANIZED REC G & A INTEREST/FINANCE CHARGES 38.64CONCESSIONSOFFICE SUPPLIES 107.01 199.47PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSCHERER BROS. LUMBER CO. 249.52SKATING RINK MAINTENANCE GENERAL SUPPLIES 443.53-PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 5.46 120.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESSCHMIDT, KELLIE 120.00 2,973.42PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH CC Meeting of April 5, 2010 (Item No. 4e)Page 19 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 19Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 7,574.83SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 10,856.25 360.00FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH 360.00 1,650.00SPECIAL PROJECTS OTHERSHOWCASE COUNTERTOPS 1,650.00 160.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSSHRM 160.00 1,583.72EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,583.72 3,610.24POLICE G & A POLICE EQUIPMENTSLR15 RIFLES INC 3,610.24 2,239.44IT G & A DATACOMMUNICATIONSSPRINT 2,239.44 12.68WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESSPS COMPANIES INC 12.68 1,490.86PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 7,803.06PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDI 6,800.10CE DESIGN IMPROVEMENTS OTHER THAN BUILDI 16,094.02 175.00GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESSTANLEY CONVERGENT SECURITY SO 175.00 20.00POLICE G & A ACCIDENT REPORTSSTEELE & ASSOCIATES PLLC 20.00 1,803.52TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTSTRATEGIC INSIGHTS CO 1,803.52 550.41POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S 550.41 CC Meeting of April 5, 2010 (Item No. 4e)Page 20 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 20Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 5,998.75REILLY BUDGET GENERAL PROFESSIONAL SERVICESSUMMIT ENVIROSOLUTIONS INC 5,998.75 21.83GENERAL REPAIR EQUIPMENT MTCE SERVICESUPERIOR FORD 21.83 44.70FINANCE G & A MILEAGE-PERSONAL CARSWANSON, BRIAN 44.70 35.00TRAININGTRAININGTCALMC 35.00 54.71GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESTERMINIX INT 97.00BUILDING MAINTENANCE BUILDING MTCE SERVICE 48.27WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 199.98 12.00OPERATIONSOPERATIONAL SUPPLIESTEXA TONKA TAILORING 12.00 45.26ADMINISTRATION G & A LONG TERM DISABILITYTHE HARTFORD - PRIORITY ACCOUN 53.29HUMAN RESOURCES LONG TERM DISABILITY 15.84COMM & MARKETING G & A LONG TERM DISABILITY 41.70IT G & A LONG TERM DISABILITY 19.98ASSESSING G & A LONG TERM DISABILITY 50.28FINANCE G & A LONG TERM DISABILITY 112.56COMM DEV G & A LONG TERM DISABILITY 17.56FACILITIES MCTE G & A LONG TERM DISABILITY 121.05POLICE G & A LONG TERM DISABILITY 76.83OPERATIONSLONG TERM DISABILITY 57.81INSPECTIONS G & A LONG TERM DISABILITY 43.61PUBLIC WORKS G & A LONG TERM DISABILITY 56.83ENGINEERING G & A LONG TERM DISABILITY 20.48PUBLIC WORKS OPS G & A LONG TERM DISABILITY 68.74ORGANIZED REC G & A LONG TERM DISABILITY 20.48PARK MAINTENANCE G & A LONG TERM DISABILITY 17.08ENVIRONMENTAL G & A LONG TERM DISABILITY 17.08WESTWOOD G & A LONG TERM DISABILITY 18.05REC CENTER/AQUATIC PARK SAL LONG TERM DISABILITY 17.56VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 16.59HOUSING REHAB G & A LONG TERM DISABILITY 20.48WATER UTILITY G&A LONG TERM DISABILITY CC Meeting of April 5, 2010 (Item No. 4e)Page 21 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 21Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 1,885.37EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY 2,814.51 35.00YOUTH PROGRAMS PROGRAM REVENUETHOMAS, JENNIFER 35.00 180.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESTHOMPSON, HOLLY 180.00 40.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESTHOMPSON, MEGAN 40.00 424.75ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 424.75 602.20ENGINEERING G & A ENGINEERING SERVICESTKDA 1,230.24SEWER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 1,832.44 1,184.82SWEEPINGEQUIPMENT PARTSTRI STATE BOBCAT 1,184.82 1,099.93HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLETRIANGLE NEIGHBORHOOD ASSN 1,099.93 270.43PARK AND RECREATION BALANCE SH INVENTORYTRUCK BODIES & EQUIPMENT INTL 270.43 3,893.90SNOW PLOWING OTHER CONTRACTUAL SERVICESTWIN CITY OUTDOOR SERVICES INC 10,320.00SSD 1 G&A OTHER CONTRACTUAL SERVICES 3,634.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 17,847.90 54.50OPERATIONSOPERATIONAL SUPPLIESUNIFORMS UNLIMITED (FIRE) 54.50 272.00POLICE G & A OPERATIONAL SUPPLIESUNIFORMS UNLIMITED (PD) 1,210.57SUPERVISORYOPERATIONAL SUPPLIES 1,482.57 211.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 211.00 CC Meeting of April 5, 2010 (Item No. 4e)Page 22 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 22Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 25.00INSPECTIONS G & A TRAININGUNIVERSITY OF MINNESOTA 25.00 165.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 165.00 325.42EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUS DEPT OF EDUCATION 325.42 97.23POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC 97.23 100.00HUMAN RESOURCES RECOGNITIONVAIL, LORI 100.00 25.02SEWER UTILITY G&A GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC 25.02 19,660.82CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIVALLEY PAVING INC 19,660.82 1,271.29VOICE SYSTEM MTCE TELEPHONEVERIZON WIRELESS 1,271.29 56,838.23SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICEWASTE MANAGEMENT 23,729.55SOLID WASTE COLLECTIONS YARD WASTE SERVICE 19,267.60SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 99,835.38 440.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 440.00 1,761.14MUNICIPAL BLDG BUILDINGS & STRUCTURESWATER HEATERS ONLY 1,761.14 877.01EMPLOYEE FLEX SPEND G&A TUITIONWEIGEL, GREG 877.01 737.50BASKETBALLOTHER CONTRACTUAL SERVICESWELDON, DAN 737.50 CC Meeting of April 5, 2010 (Item No. 4e)Page 23 3/31/2010CITY OF ST LOUIS PARK 13:59:07R55CKSUM LOG23000VO 23Page -Council Check Summary 4/2/2010 -3/13/2010 Vendor AmountBusiness Unit Object 918.27SPECIAL PROJECTS BLDG/STRUCTURE SUPPLIESWHEELER HARDWARE 918.27 5,900.14TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTWILLIAMS SCOTSMAN INC 858.20MUNICIPAL BLDG RENTAL BUILDINGS 6,758.34 210.00ORGANIZED REC G & A GENERAL SUPPLIESWRAP CITY GRAPHICS 46.50AQUATIC PARK MAINTENANCE GENERAL SUPPLIES 256.50 10,187.00FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 21.72OPERATIONSELECTRIC SERVICE 29,617.20PUBLIC WORKS OPS G & A ELECTRIC SERVICE 4,704.19PARK MAINTENANCE G & A ELECTRIC SERVICE 207.96PARK BUILDING MAINTENANCE ELECTRIC SERVICE 36.43BRICK HOUSE (1324)ELECTRIC SERVICE 2.00-BRICK HOUSE (1324)GARBAGE/REFUSE SERVICE 53.66WW RENTAL HOUSE (1322)ELECTRIC SERVICE 379.31WESTWOOD G & A ELECTRIC SERVICE 19,304.38WATER UTILITY G&A ELECTRIC SERVICE 20.13OPERATIONSELECTRIC SERVICE 1,784.61REILLY BUDGET ELECTRIC SERVICE 3,435.83SEWER UTILITY G&A ELECTRIC SERVICE 801.32STORM WATER UTILITY G&A ELECTRIC SERVICE 130.99OPERATIONSELECTRIC SERVICE 70,682.73 389.40BLDG/GROUNDS OPS & MAINT GENERAL SUPPLIESZAHL-PETROLEUM MAINTENANCE CO 207.75BLDG/GROUNDS OPS & MAINT EQUIPMENT MTCE SERVICE 597.15 182.88GENERAL REPAIR EQUIPMENT MTCE SERVICEZIEGLER INC 182.88 1,017.09SEASON PASSES PRINTING & PUBLISHINGZIP PRINTING 1,017.09 Report Totals 1,969,920.61 CC Meeting of April 5, 2010 (Item No. 4e)Page 24 Meeting Date: April 5, 2010 Agenda Item #: 4f OFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA September 9, 2009 7:00 p.m. – Westwood Room City Hall 1. Call to Order Chair Fiderlein called the meeting to order at 7:05 p.m. 2. Roll Call and Attendance Members Present: JC Beckstrand, Gary Carlson, Lynne Carper, Terry Dwyer, Brian Fiderlein, Steve Fillbrandt, Linda Jennings, Jim Kelly, Pat Skinner, Erica Gutmann Strohl and Nathan Prosser. Members Absent: Ken Gothberg, Jan Loftus and Brittney Turner (excused); Jim de Lambert (unexcused). Others Present: Marcia Honold, Management Assistant/Charter Commission Liaison and Lisa Songle, Recording Secretary. New Member Erica Gutmann Strohl was introduced. Ms. Honold discussed 2010 term expirations and asked that Commissioners inform her and the Hennepin County Chief Judge about reappointments. The city will help the District Court advertise any Commission openings that become available. 2a. Requests for Excused Absences Members Excused: Ken Gothberg, Jan Loftus, and Brittney Turner. 3. Approval of Minutes – March 11, 2009 Chair Fiderlein inquired if anyone had any changes to the minutes of March 11, 2009. Commissioner Dwyer requested that the last sentence of Item 4b with respect to Bylaws be changed to read: It was the recommendation of the commission to leave the Bylaws as adopted at the September 10, 2008 meeting. It was moved by Commissioner Carper, seconded by Commissioner Jennings to approve the minutes of March 11, 2009 as amended. Motion was unanimously approved. CC Meeting of April 5, 2010 (Item No. 4f) Page 2 4. Old Business 4a. City Website – Charter Commission Information Ms. Honold and Ms. Songle presented a new section to the City’s website on the Charter Commission and asked for the Commission’s feedback on the site. It was requested that a link to the City Charter be added to the site. The Commissioners thanked staff for their work on the city’s website and for making the information available to residents. 4b. Paperless Agenda Ms. Honold and Ms. Songle discussed paperless agenda format with the Commission. Ms. Songle demonstrated how secured FTP site works if the Charter Commissioners decides to access the agenda packet and materials electronically. There was discussion that Sections 1 and 4 in the bylaws would need to be changed to accommodate this to add the language “or delivered” after mailed in each of those two sections. It was the consensus of the Commission that each Commissioner would indicate to staff whether they opt in or opt out of receiving a Paperless Agenda. Those that chose not to opt in would continue to receive their paper agenda mailed to them. It was moved by Commissioner Kelly, seconded by Commissioner Skinner to revise Sections 1 and 4 of the Charter Commission Bylaws to add the language “or delivered” after mailed in Section 1 and Section 4. Motion was unanimously approved. 5. New Business 5a. 2010 Work Plan Ms. Honold brought up potential changes to the City’s Administrative Penalties which would require an amendment to City Charter. She will report back to the Charter Commission after staff has discussed this with the City Council. 6. Future Meetings Chair Fiderlein set the next meeting, the Charter Commission’s Annual Meeting, for Wednesday, March 10, 2010 at 7 p.m. 7. Communications 8. Adjournment There being no further business to discuss, Chair Fiderlein called for a motion to adjourn. Motion by Commissioner Carper, seconded by Commissioner Kelly to adjourn the meeting at 7:45 p.m. The motion passed unanimously. Respectfully submitted by: Lisa Songle, Recording Secretary Meeting Date: April 5, 2010 Agenda Item #: 4g OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA February 24, 2010--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Andrew Ford (youth member), Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Lynne Carper, Larry Shapiro STAFF PRESENT: Adam Fulton, Meg McMonigal, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of December 2, 2009 Commissioner Johnston-Madison made a motion to approve the minutes of December 2, 2009. Commissioner Morris seconded the motion, and the motion passed on a vote of 5-0. 3. Hearings: None 4. Other Business A. Marriott Hotel – Final Plat, Final PUD, and Vacation Location: 600 Highway 169 Applicant: CSM/BPG Properties Case No.: 09-18-S, 09-19-PUD and 10-02-VAC (Note from Recording Secretary: Due to clerical error, the application was listed on the agenda of February 24, 2010 as a Hearing item. The public hearing was held at the Planning Commission’s review of Preliminary Plat and Preliminary PUD on October 7, 2009. Final review does not require a public hearing.) Adam Fulton, Planner, presented the staff report. He noted that since preliminary approval the applicant came across an unnecessary easement while doing some of the title work. The applicant is now requesting a vacation of that easement. Commissioner Morris said he agreed with staff that the bicycle parking requirement of 250 spaces for the site will not be appropriate at this time. He asked if proof of parking should be provided in the recommendations as a necessary part of the adoption of the PUD. Mr. Fulton responded that it is noted in the staff report that there is available bicycle parking space in the parking ramps. He said that should parking ever be necessary, CC Meeting of April 5, 2010 (Item No. 4g) Page 2 BPG has stated they will convert some of the interior space in the ramps to bicycle parking. He said he didn’t think it was necessary to include that in the resolution, but, staff will give it further review and consideration when preparing the resolution for City Council. Commissioner Morris made a motion to recommend approval of the Final Plat, Final PUD and vacation, subject to conditions included by staff. Commissioner Robertson seconded the motion, and the motion passed on a vote of 5-0. B. Election of Chair and Vice Chair Commissioner Morris nominated Richard Person as Chair. Commissioner Robertson seconded the motion. Commissioner Kramer nominated Dennis Morris as Vice Chair. Commissioner Johnston- Madison seconded the motion. Motions for Richard Person as Chair and Dennis Morris as Vice Chair were passed on a vote of 5-0. 5. Communications Mr. Fulton spoke about a minor amendment to the PUD for the Park Shores building at 3663 Park Center Blvd. which the City Council will consider on March 1st. The applicant is proposing to build a new swimming pool area and construct a dining room addition. Mr. Fulton said he would forward the Council report to the Planning Commission. 6. Adjournment The meeting was adjourned at 6:15 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting Date: April 5, 2010 Agenda Item #: 4h OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA March 3, 2010--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Andrew Ford (youth member), Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Carl Robertson MEMBERS ABSENT: Lynne Carper, Richard Person, Larry Shapiro STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call Vice-Chair Dennis Morris opened the meeting at 6:00 p.m. 2. Approval of Minutes : None 3. Hearings A. Panera Bread – Major Amendment to Planned Unit Development Location: 5600 Cedar Lake Road Applicant: Inland Ryan, LLC and Panera, LLC Case No.: 10-01-PUD Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant is proposing to amend the approved PUD to allow a wall sign on the west side of the Panera Bread building. Commissioner Johnston-Madison asked if the sign facing Cedar Lake Road would be lit 24 hours a day. Mr. Morrison responded the applicant could answer that question. He added that it could be allowed under the approval. Commissioner Johnston-Madison asked if the approval could be conditioned that the sign not be lit after closing in case the light is a nuisance. Mr. Morrison responded that could be done. Caryl Scobbie, Development Manager, Panera LLC, St. Louis, Missouri, thanked Mr. Morrison for his presentation. She said the side signage is being requested to increase Panera’s visibility on Cedar Lake Road. She said a patio will go on the side of the building CC Meeting of April 5, 2010 (Item No. 4h) Page 2 as well and the sign will help that area not feel like the back side of a building. It will also help draw customers from the Home Depot area. She added that technically all of the exterior lighting is turned off at closing, no later than 10 p.m. Commissioner Kramer stated he was in favor of the request. He asked if the franchise was local. Ms. Scobbie said the Minneapolis area used to be a franchise market. Panera is based out of St. Louis, Missouri, and is known as the St. Louis Bread Company. In recent years the company bought the franchise back, and all of the stores are now company owned. Commissioner Kramer asked whether Panera has considered any signage on the east side of the building. Ms. Scobbie responded they have not considered signage on the east side of the building, but they are going to have a panel on the monument sign at the entrance. Vice-Chair Morris opened the public hearing. As no one was present wishing to speak, he closed the public hearing. Commissioner Johnston-Madison made a motion recommending approval. Commissioner Kramer seconded the motion, and the motion recommending approval of the major amendment to the Planned Unit Development passed on a vote of 4-0. 4. Other Business A. 2009 Annual Housing Programs Report and Housing Matrix Commissioners thanked staff for providing the housing report. They said the information was very interesting and helpful. 5. Communications Meg McMonigal, Planning and Zoning Supervisor, stated four public hearings will be held at the March 17th meeting of the Planning Commission. 6. Adjournment The meeting was adjourned at 6:15 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting Date: April 5, 2010 Agenda Item #: 5a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Boards and Commissions EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Appointment of Citizen Representative to Boards and Commissions. RECOMMENDED ACTION: Motion to appoint citizen representative William Theobald as a Commissioner to the Telecommunications Advisory Commission for the term ending December 31, 2011. POLICY CONSIDERATION: Does the Council wish to appoint William Theobald to the Telecommunications Advisory Commission for the term expiring December 31, 2011? BACKGROUND: The City Council reviewed the application of and interviewed the above individual on March 22. Council discussed the candidate and decided to make appointment of Mr. Theobald to the Telecommunications Advisory Commission for the term expiring on December 31, 2011. Mr. Theobald is filling the vacancy of David Dyer who resigned due to other commitments. Commission Vacancies Update We are pleased to update the Council that the majority of openings on our boards and commissions have been filled. Current openings are listed below. Charter Commission -- There is currently one adult opening on the Charter Commission. Youth Commissioner Openings -- Openings for youth commissioners are sought for our Human Rights Commission (one opening), Police Advisory Commission (one opening) and Telecommunications Advisory Commission (one opening). FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Appointing citizen representatives who volunteer as commissioners to the various Boards and Commissions assures St. Louis Park is consistent with the Council’s Strategic Direction of being a connected and engaged community. Prepared by: Lisa Songle, Office Assistant Approved by: Tom Harmening, City Manager Meeting Date: April 5, 2010 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 - Liquor License – Toby Keith’s I Love This Bar & Grill. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from CRGE Minneapolis, LLC dba Toby Keith’s I Love This Bar & Grill for an on-sale intoxicating and Sunday liquor license to be located at 1623 Park Place Boulevard with the license term through March 1, 2011. POLICY CONSIDERATION: Does the Council wish to approve the liquor license for CRGE Minneapolis, LLC? BACKGROUND: The City received an application from CRGE Minneapolis, LLC doing business as Toby Keith’s I Love This Bar & Grill for an on-sale intoxicating liquor and Sunday sales license. The establishment plans to open during the month of April. It will be located at 1623 Park Place Boulevard in the Shops at West End. The premise to be licensed is approximately 15,000 square feet consisting of 394 seats inside and 50 outdoor patio seating. Toby Keith’s I Love This Bar & Grill features family dining; a guitar shaped bar and will host live entertainment. The restaurant is owned by Ms. Debbie Corvo and Mr. Frank Capri. The General Manager will be Mr. Larry Cappos. Ms. Corvo and Mr. Capri presently own and share vested business interest in two other Toby Keith restaurants one in Arizona and one in Michigan. The Police Department has conducted a full investigation and has found nothing that would warrant denial of the license. The application and police report are on file in the City Clerk’s office should Council members wish to review the information prior to the public hearing. The required public hearing legal notice was published in the Sun Sailor Newspaper on March 25, 2010. Should the Council approve the liquor license no actual licenses will be issued until all the required compliance is met with the City Inspections Department and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: The investigation fee for a new applicant is $500. The yearly license fee is $8,000 for on-sale intoxicating liquor license and $200 for Sunday liquor license (pro-rated). VISION CONSIDERATION: Not applicable. Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: April 5, 2010 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: Call for Sale of General Obligation Bonds. RECOMMENDED ACTION: Motion to Adopt Resolution Providing for Sale of: • $3,125,000 Taxable General Obligation Housing Improvement Area (HIA) Bonds, Series 2010A; and • $5,985,000 General Obligations Bonds, Series 2010B POLICY CONSIDERATION: Does the City Council agree with staff and consultants that there are sufficient resources available over time to repay the bonds to be issued? Are the bonds issued for a period of time that is equal to or less than the expected useful life of the assets to be constructed? Does the City Council wish to refund the 2001B G.O. Storm Sewer Revenue and 2003A G.O. bonds? BACKGROUND: The majority of the owners of the 240-unit Sunset Ridge Condominium Association petitioned the City to create a housing improvement area and issue bonds to fund approximately $3,650,000 of improvements to the exteriors of the units. On October 19, 2009 the City Council established the Sunset Ridge Condominium Association Housing Improvement Area and passed a Resolution to Impose Fees. The Bonds will carry taxable interest rates because the improvements are on private property rather than the typical public improvements. It is the intent of the City to levy a housing improvement area fee on each unit to support 105% of the debt service beginning with taxes payable in 2011. The fees are very similar to special assessments for public improvements. These fees can be pre-paid in whole or in part by March 31, 2010 but cannot be pre-paid after this date until the Bonds are retired. The reason that prepayments are restricted is because the City cannot invest the funds at a comparable rate near the estimated rate on the Bonds of 5.76%. As of April 1, 2010, the City had received prepaid assessments from 50 unit owners (21%), totaling $830,195. Therefore the bond amount was reduced from $3,990,000 to $3,125,000 to reflect the prepayments. The new money portion of the $5,985,000 2010B Bonds is for $2,520,000 and is going to be utilized to reimburse the water and storm sewer utilities for improvements pursuant to the rate study presented to the Council earlier this year. The debt service is expected to be paid back through utility user charges. CC Meeting of April 5, 2010 (Item No. 8a) Page 2 The refunding portion of the $5,985,000 2010B Bonds is to provide funds sufficient for a current refunding of the G.O. Storm Sewer Revenue Bonds Series 2001B and the G.O. Bonds Series 2003A which were issued for various park/trail improvements and improvements to recreational facilities. The 2001B Bonds are callable in the amount of $1,585,000 and will be repaid through utility fees. The 2003A Bonds are callable in the amount of $1,870,000 and will be fully repaid via a tax levy. Based upon current estimated rates, the refunding of the 2001B Sewer Revenue Bonds will save the City approximately $142,000 over the remaining term of the Bonds, after all fees and expenses (annual savings of approximately $23,600 over next six (6) years). This savings expressed in present value terms is around 8.180% of the refunded principal. The 2003A G.O. Bonds will save the City approximately $74,000, over the remaining term of the Bonds after all fees and expenses (annual savings of approximately $18,500 over next four (4) years). This savings expressed in present value terms is around 3.857% of the refunded principal. A representative from Ehlers & Associates will be present to discuss the bond sale process with the City Council on Monday evening. The attached memo and proposed schedule represent their estimate of the potential interest rates. The actual rates and dollar amount of the sale will vary depending on the market conditions on the sale date. NEXT STEPS Upon approval Ehlers is authorized to solicit proposals for the sale of bonds. On April 19, 2010, Council will consider sealed proposals and awarding the sale of the bonds. FINANCIAL OR BUDGET CONSIDERATION: Issuance of these bonds is necessary to provide funding for projects in the City and to complete the current refunding of two existing bond issues to provide savings to the City. VISION CONSIDERATION: The issuance of HIA Bonds for the Sunset Ridge Condominium Association is consistent with the City’s VISION of well maintained and affordable housing stock. Attachments: Resolution Presale Report from Ehlers & Associates Prepared by: Brian Swanson, Controller Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 8a) Page 3 RESOLUTION NO. 10-_____ RESOLUTION PROVIDING FOR THE SALE OF $3,125,000 TAXABLE GENERAL OBLIGATION HIA BONDS, SERIES 2010A AND $5,985,000 GENERAL OBLIGATION BONDS, SERIES 2010B A. WHEREAS, the City Council of the City of St. Louis Park, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $3,125,000 Taxable General Obligation HIA Bonds, Series 2010A and $5,985,000 General Obligation Bonds, Series 2010B (the "Bonds"), to pay for improvements to the common areas for the Sunset Ridge Condominium Association, to finance various improvements to the sewer and water system and to refund the outstanding maturities of the $3,265,000 G.O. Storm Sewer Revenue Bonds, Series 2001B and the $4,145,000 G.O. Bonds, Series 2003A; B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 P.M. on April 19, 2010, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Reviewed for Administration: Adopted by the City Council April 5, 2010 City Manager Mayor Attest: City Clerk April 5, 2010 Pre-Sale Report - Taxable General Obligation HIA Bonds, Series 2010A - General Obligation Bonds, Series 2010B CC Meeting of April 5, 2010 (Item No. 8a)Page 4 Proposed Issues: Series 2010A: $3,125,000 Taxable General Obligation Housing Improvement Area (HIA) Bonds Series 2010B: $5,985,000 General Obligation Bonds Purpose: Series 2010A: The majority of the owners of the 240-unit Sunset Ridge Condominium Association have petitioned the City to create a housing improvement area and issue bonds to fund approximately $3,125,000 of improvements to the exteriors of the units. The Bonds will carry taxable interest rates because the improvements are on private property rather than the typical public improvements. Series 2010B: The new money portion of the debt is for $2,520,000 and is going to be utilized to finance various improvements to the sewer and water system. The refunding portion is to provide funds sufficient for a current refunding of the G.O. Storm Sewer Revenue Bonds Series 2001B, which were issued in the amount of $3,265,000 and the G.O. Bonds Series 2003A, which were issued in the amount of $4,145,000 for various park and trail improvements and improvements to recreational facilities. The 2001B Bonds are callable in the amount of $1,585,000 and mature on February 1 in the years 2011 through 2016. Outstanding interest rates are 4.60% to 4.85%. The 2003A Bonds are callable in the amount of $1,870,000 and mature on February 1 in the years 2011 through 2014. Outstanding interest rates are 3.35% to 3.70%. Term/Call Feature: Series 2010A: The Bonds are being issued for a 20-year period plus six months of capitalized interest. Principal on the Bonds will be due on February 1 in the years 2012 through 2031. Bonds maturing February 1, 2020, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2019. Series 2010B: The Bonds are being issued for a 15-year period. Principal on the 2010B Bonds will be due on February 1 and August 1 in the years 2011 through 2025. Bonds maturing February 1, 2018, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2017. Funding Sources: Series 2010A: It is the intent of the City to levy a housing improvement area fee on each unit to support 105% of the debt service beginning with taxes payable in 2011. The fees are very similar to special assessments for public improvements. The fee can be pre-paid in whole or in part before the Bonds are issued but cannot be pre-paid after the initial period until the Bonds are retired. The reason that prepayments are restricted is because the City cannot invest the funds at any rate near the estimated fee rate of 5.76%. The fee principal will be equal to the construction costs, costs of issuance and capitalized interest. CC Meeting of April 5, 2010 (Item No. 8a)Page 5 Series 2010B: The new utility debt and the refunding of the 2001B Bonds are being paid from net revenues of the water and sewer system. In addition, the City pledges in the resolution awarding the sale of the Bonds to maintain rates and charges sufficient to cover debt service payments. The refunding portion of the 2003A Debt is being paid 100% from a tax levy. Discussion Issues: Series 2010A: The Bonds do not count against the City’s legal debt limit of 3% of market value. Series 2010B: For the refunding potion of the Bonds, the terms will be the same as the original terms for the Prior Bonds (through 2016 for the 2001B Bonds and through 2014 for the 2003A Bonds). For the 2001B Bonds, based upon estimated interest rates of .50% to 1.95% (average of 1.2%), the estimated savings as a result of the refunding will be approximately $142,000, after all fees and expenses. This savings expressed in present value terms is around 8.180% of the refunded principal. For the 2003A Bonds, based upon estimated interest rates of .50% to 1.30% (average .89%), the estimated savings as a result of the refunding will be approximately $74,000, after all fees and expenses. This savings expressed in present value terms is around 3.857% of the refunded principal. The minimum savings required by Minnesota state law for an advance refunding is a present value savings of 3.00%. Risk Factors: Series 2010A: The average fee per unit is expected to be approximately $16,600. This amount of fee may result in delinquency of fees, or ultimately a potential property tax foreclosure (the risk of tax foreclosure is expected to be minimal if at all). The requirement to levy 105% of the debt service will assist in mitigating making bond payments due to delays in payments from unit owners and/or delinquencies. It should be noted that it has been the experience of the City that delinquencies and foreclosures have not been an issue with past HIA districts the City has created. Series 2010B: A portion of the debt is being paid with utility funds. If utility revenue is inadequate, the City may have to levy taxes to pay debt service on the bonds. CC Meeting of April 5, 2010 (Item No. 8a)Page 6 Bank Qualification and Arbitrage: Series 2010A: Because these Bonds are taxable, arbitrage and bank qualification are not factors. Series 2010B: Because the City is issuing less than $30,000,000 in the calendar year, the City will be able to designate the Bonds as “bank qualified” obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. For the new portion of debt on the 2010B Bonds, IRS rules regarding the amount of interest that the City may earn on bond proceeds must be taken into consideration. If the City spends the bond proceeds within 24 months according to specific percentages each six months, interest earned on the proceeds above the bond interest rate does not need to be rebated or repaid. The excess interest earnings are known as arbitrage. The City will also need to keep its debt service funds within IRS parameters to avoid penalties for carrying too high of a balance during the life of the issue. Authority and Rating: Series 2010A: The Bonds are being issued pursuant to Minnesota Statues, Chapter 428A. Series 2010B: The Bonds are being issued pursuant to Minnesota Statues, Chapter 444 and 475 and the City Charter. Chapter 444 allows cities to issue debt without limitation as long as debt service is expected to be paid from water and sewer revenues. Both Bonds are anticipated to be rated by Standard & Poor’s at a “AAA” level. Debt Limit The G.O. Bonds Series 2003A, which are part of the refunding Bonds, were issued for various park and trail improvements and improvements to recreational facilities. These bonds are subject to the City’s Charter which limits the City from incurring debt in excess of 3% of the assessor’s taxable market value for the City. The City’s 2010 TMV is approximately $5,350,000,000. Therefore, the total amount of outstanding debt paid 100% by a tax levy cannot exceed over $160 million. CC Meeting of April 5, 2010 (Item No. 8a)Page 7 Proposed Debt Issuance Schedule • Distribution of the Official Statement is required to be sent prior to the authorization of the City Council to issue the bonds to meet S & P’s timing requirements for a bond rating. Attachments: Sources and Uses of Funds Proposed Debt Service Schedule and Savings Analysis Ehlers Contacts: Financial Advisors: Mark Ruff Stacie Kvilvang (651) 697-8505 (651-697-8506 Bond Analysts: Diana Lockard Debbie Holmes (651) 697-8534 (651) 697-8536 Bond Sale Coordinator: Connie Kuck (651) 697-8527 The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. Pre-Sale Review: April 5, 2010 * Distribute Official Statement: March 29, 2010 Rating Agency Conference Week of April 5, 2010 Sale of Bonds and Council award of sale: April 19, 2010 Ehlers sends call notice to paying agent April 20, 2010 Estimated Closing Date: May 7, 2010 CC Meeting of April 5, 2010 (Item No. 8a)Page 8 St Louis Park, MN $3,125,000 Taxable G.O. Revenue Bonds, Series 2010 Sunset Ridge Condominium HIA Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 4 Ser 10 Tax Rev Bds $3.742 | SINGLE PURPOSE | 4/ 1/2010 | 12:23 PM Ehlers Leaders in Public Finance CC Meeting of April 5, 2010 (Item No. 8a)Page 9 St Louis Park, MN $3,125,000 Taxable G.O. Revenue Bonds, Series 2010 Sunset Ridge Condominium HIA Sources & Uses Dated 07/01/2010 | Delivered 07/01/2010 Sources Of Funds Par Amount of Bonds $3,125,000.00 Prepaid Special Assessments 830,195.00 Total Sources $3,955,195.00 Uses Of Funds Total Underwriter's Discount (1.400%)43,750.00 Costs of Issuance 48,000.00 Deposit to Capitalized Interest (CIF) Fund 96,032.71 Deposit to Project Construction Fund 3,746,286.00 City Soft Costs 18,731.43 Rounding Amount 2,394.86 Total Uses $3,955,195.00 Ser 10 Tax Rev Bds $3.742 | SINGLE PURPOSE | 4/ 1/2010 | 12:23 PM Ehlers Leaders in Public Finance Page 1 CC Meeting of April 5, 2010 (Item No. 8a)Page 10 St Louis Park, MN $3,125,000 Taxable G.O. Revenue Bonds, Series 2010 Sunset Ridge Condominium HIA Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 07/01/2010 ----- 02/01/2011 --96,032.71 96,032.71 96,032.71 08/01/2011 --82,313.75 82,313.75 - 02/01/2012 100,000.00 2.350%82,313.75 182,313.75 264,627.50 08/01/2012 --81,138.75 81,138.75 - 02/01/2013 100,000.00 2.850%81,138.75 181,138.75 262,277.50 08/01/2013 --79,713.75 79,713.75 - 02/01/2014 105,000.00 3.300%79,713.75 184,713.75 264,427.50 08/01/2014 --77,981.25 77,981.25 - 02/01/2015 110,000.00 3.750%77,981.25 187,981.25 265,962.50 08/01/2015 --75,918.75 75,918.75 - 02/01/2016 115,000.00 4.150%75,918.75 190,918.75 266,837.50 08/01/2016 --73,532.50 73,532.50 - 02/01/2017 120,000.00 4.550%73,532.50 193,532.50 267,065.00 08/01/2017 --70,802.50 70,802.50 - 02/01/2018 125,000.00 4.800%70,802.50 195,802.50 266,605.00 08/01/2018 --67,802.50 67,802.50 - 02/01/2019 130,000.00 5.050%67,802.50 197,802.50 265,605.00 08/01/2019 --64,520.00 64,520.00 - 02/01/2020 135,000.00 5.200%64,520.00 199,520.00 264,040.00 08/01/2020 --61,010.00 61,010.00 - 02/01/2021 140,000.00 5.300%61,010.00 201,010.00 262,020.00 08/01/2021 --57,300.00 57,300.00 - 02/01/2022 150,000.00 5.400%57,300.00 207,300.00 264,600.00 08/01/2022 --53,250.00 53,250.00 - 02/01/2023 160,000.00 5.500%53,250.00 213,250.00 266,500.00 08/01/2023 --48,850.00 48,850.00 - 02/01/2024 165,000.00 5.600%48,850.00 213,850.00 262,700.00 08/01/2024 --44,230.00 44,230.00 - 02/01/2025 175,000.00 5.750%44,230.00 219,230.00 263,460.00 08/01/2025 --39,198.75 39,198.75 - 02/01/2026 185,000.00 5.850%39,198.75 224,198.75 263,397.50 08/01/2026 --33,787.50 33,787.50 - 02/01/2027 195,000.00 5.950%33,787.50 228,787.50 262,575.00 08/01/2027 --27,986.25 27,986.25 - 02/01/2028 210,000.00 6.000%27,986.25 237,986.25 265,972.50 08/01/2028 --21,686.25 21,686.25 - 02/01/2029 220,000.00 6.100%21,686.25 241,686.25 263,372.50 08/01/2029 --14,976.25 14,976.25 - 02/01/2030 235,000.00 6.150%14,976.25 249,976.25 264,952.50 08/01/2030 --7,750.00 7,750.00 - 02/01/2031 250,000.00 6.200%7,750.00 257,750.00 265,500.00 Total $3,125,000.00 -$2,263,530.21 $5,388,530.21 - Ser 10 Tax Rev Bds $3.742 | SINGLE PURPOSE | 4/ 1/2010 | 12:23 PM Ehlers Leaders in Public Finance Page 2 CC Meeting of April 5, 2010 (Item No. 8a)Page 11 St Louis Park, MN $3,125,000 Taxable G.O. Revenue Bonds, Series 2010 Sunset Ridge Condominium HIA Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars $39,757.92 Average Life 12.723 Years Average Coupon 5.6932817% Net Interest Cost (NIC)5.8033227% True Interest Cost (TIC)5.7844460% Bond Yield for Arbitrage Purposes 5.6208131% All Inclusive Cost (AIC)5.9679671% IRS Form 8038 Net Interest Cost 5.6932817% Weighted Average Maturity 12.723 Years Ser 10 Tax Rev Bds $3.742 | SINGLE PURPOSE | 4/ 1/2010 | 12:23 PM Ehlers Leaders in Public Finance Page 3 CC Meeting of April 5, 2010 (Item No. 8a)Page 12 St Louis Park, MN $3,125,000 Taxable G.O. Revenue Bonds, Series 2010 Sunset Ridge Condominium HIA Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 07/01/2010 -------- 02/01/2011 -- 96,032.71 96,032.71 (96,032.71)--- 08/01/2011 -- 82,313.75 82,313.75 - 82,313.75 -- 02/01/2012 100,000.00 2.350% 82,313.75 182,313.75 - 182,313.75 264,627.50 277,858.88 08/01/2012 -- 81,138.75 81,138.75 - 81,138.75 -- 02/01/2013 100,000.00 2.850% 81,138.75 181,138.75 - 181,138.75 262,277.50 275,391.38 08/01/2013 -- 79,713.75 79,713.75 - 79,713.75 -- 02/01/2014 105,000.00 3.300% 79,713.75 184,713.75 - 184,713.75 264,427.50 277,648.88 08/01/2014 -- 77,981.25 77,981.25 - 77,981.25 -- 02/01/2015 110,000.00 3.750% 77,981.25 187,981.25 - 187,981.25 265,962.50 279,260.63 08/01/2015 -- 75,918.75 75,918.75 - 75,918.75 -- 02/01/2016 115,000.00 4.150% 75,918.75 190,918.75 - 190,918.75 266,837.50 280,179.38 08/01/2016 -- 73,532.50 73,532.50 - 73,532.50 -- 02/01/2017 120,000.00 4.550% 73,532.50 193,532.50 - 193,532.50 267,065.00 280,418.25 08/01/2017 -- 70,802.50 70,802.50 - 70,802.50 -- 02/01/2018 125,000.00 4.800% 70,802.50 195,802.50 - 195,802.50 266,605.00 279,935.25 08/01/2018 -- 67,802.50 67,802.50 - 67,802.50 -- 02/01/2019 130,000.00 5.050% 67,802.50 197,802.50 - 197,802.50 265,605.00 278,885.25 08/01/2019 -- 64,520.00 64,520.00 - 64,520.00 -- 02/01/2020 135,000.00 5.200% 64,520.00 199,520.00 - 199,520.00 264,040.00 277,242.00 08/01/2020 -- 61,010.00 61,010.00 - 61,010.00 -- 02/01/2021 140,000.00 5.300% 61,010.00 201,010.00 - 201,010.00 262,020.00 275,121.00 08/01/2021 -- 57,300.00 57,300.00 - 57,300.00 -- 02/01/2022 150,000.00 5.400% 57,300.00 207,300.00 - 207,300.00 264,600.00 277,830.00 08/01/2022 -- 53,250.00 53,250.00 - 53,250.00 -- 02/01/2023 160,000.00 5.500% 53,250.00 213,250.00 - 213,250.00 266,500.00 279,825.00 08/01/2023 -- 48,850.00 48,850.00 - 48,850.00 -- 02/01/2024 165,000.00 5.600% 48,850.00 213,850.00 - 213,850.00 262,700.00 275,835.00 08/01/2024 -- 44,230.00 44,230.00 - 44,230.00 -- 02/01/2025 175,000.00 5.750% 44,230.00 219,230.00 - 219,230.00 263,460.00 276,633.00 08/01/2025 -- 39,198.75 39,198.75 - 39,198.75 -- 02/01/2026 185,000.00 5.850% 39,198.75 224,198.75 - 224,198.75 263,397.50 276,567.38 08/01/2026 -- 33,787.50 33,787.50 - 33,787.50 -- 02/01/2027 195,000.00 5.950% 33,787.50 228,787.50 - 228,787.50 262,575.00 275,703.75 08/01/2027 -- 27,986.25 27,986.25 - 27,986.25 -- 02/01/2028 210,000.00 6.000% 27,986.25 237,986.25 - 237,986.25 265,972.50 279,271.13 08/01/2028 -- 21,686.25 21,686.25 - 21,686.25 -- 02/01/2029 220,000.00 6.100% 21,686.25 241,686.25 - 241,686.25 263,372.50 276,541.13 08/01/2029 -- 14,976.25 14,976.25 - 14,976.25 -- 02/01/2030 235,000.00 6.150% 14,976.25 249,976.25 - 249,976.25 264,952.50 278,200.13 08/01/2030 -- 7,750.00 7,750.00 - 7,750.00 -- 02/01/2031 250,000.00 6.200% 7,750.00 257,750.00 - 257,750.00 265,500.00 278,775.00 Total $3,125,000.00 - $2,263,530.21 $5,388,530.21 (96,032.71) $5,292,497.50 $5,557,122.38 Ser 10 Tax Rev Bds $3.742 | SINGLE PURPOSE | 4/ 1/2010 | 12:23 PM Ehlers Leaders in Public Finance Levy (Fiscal Total + 5.00%) CC Meeting of April 5, 2010 (Item No. 8a)Page 13 St Louis Park, MN Issue Summary $5,975,000 G.O. Bonds, Series 2010 New Money and Proposed Current Refunding of Series 2003A & 2001B Table of Contents Report ISSUE SUMMARY Total Issue Sources And Uses 1 Debt Service Schedule 2 Operation Of Project Construction Fund 3 Net Debt Service Schedule 4 CUR REF SER 03A Prior Original Debt Service 5 Debt Service Comparison 6 Net Debt Service Schedule 7 CUR REF SER 01B Prior Original Debt Service 8 Debt Service Comparison 9 Net Debt Service Schedule 10 NEW MONEY Net Debt Service Schedule 11 09 cur Ser 03A $4.145 GO | Issue Summary | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance CC Meeting of April 5, 2010 (Item No. 8a)Page 14 St Louis Park, MN Issue Summary $5,975,000 G.O. Bonds, Series 2010 New Money and Proposed Current Refunding of Series 2003A & 2001B Total Issue Sources And Uses Dated 05/01/2010 | Delivered 05/01/2010 Cur Ref Ser 03A Cur Ref Ser 01B New Money Issue Summary Sources Of Funds Par Amount of Bonds $1,870,000.00 $1,585,000.00 $2,520,000.00 $5,975,000.00 Total Sources $1,870,000.00 $1,585,000.00 $2,520,000.00 $5,975,000.00 Uses Of Funds Total Underwriter's Discount (0.800%)14,960.00 12,680.00 20,160.00 47,800.00 Costs of Issuance 12,518.83 10,610.88 16,870.29 40,000.00 Deposit to Project Construction Fund --2,485,000.00 2,485,000.00 Deposit to Current Refunding Fund 1,841,166.25 1,558,251.25 -3,399,417.50 Rounding Amount 1,354.92 3,457.87 (2,030.29)2,782.50 Total Uses $1,870,000.00 $1,585,000.00 $2,520,000.00 $5,975,000.00 09 cur Ser 03A $4.145 GO | Issue Summary | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 1 CC Meeting of April 5, 2010 (Item No. 8a)Page 15 St Louis Park, MN Issue Summary $5,975,000 G.O. Bonds, Series 2010 New Money and Proposed Current Refunding of Series 2003A & 2001B Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 05/01/2010 ----- 02/01/2011 730,000.00 0.500%82,539.38 812,539.38 812,539.38 08/01/2011 --53,201.25 53,201.25 - 02/01/2012 875,000.00 0.812%53,201.25 928,201.25 981,402.50 08/01/2012 --49,648.75 49,648.75 - 02/01/2013 885,000.00 1.079%49,648.75 934,648.75 984,297.50 08/01/2013 --44,875.00 44,875.00 - 02/01/2014 895,000.00 1.380%44,875.00 939,875.00 984,750.00 08/01/2014 --38,697.50 38,697.50 - 02/01/2015 430,000.00 1.830%38,697.50 468,697.50 507,395.00 08/01/2015 --34,762.50 34,762.50 - 02/01/2016 435,000.00 2.140%34,762.50 469,762.50 504,525.00 08/01/2016 --30,108.75 30,108.75 - 02/01/2017 170,000.00 2.850%30,108.75 200,108.75 230,217.50 08/01/2017 --27,686.25 27,686.25 - 02/01/2018 170,000.00 3.050%27,686.25 197,686.25 225,372.50 08/01/2018 --25,093.75 25,093.75 - 02/01/2019 180,000.00 3.200%25,093.75 205,093.75 230,187.50 08/01/2019 --22,213.75 22,213.75 - 02/01/2020 185,000.00 3.350%22,213.75 207,213.75 229,427.50 08/01/2020 --19,115.00 19,115.00 - 02/01/2021 190,000.00 3.500%19,115.00 209,115.00 228,230.00 08/01/2021 --15,790.00 15,790.00 - 02/01/2022 195,000.00 3.650%15,790.00 210,790.00 226,580.00 08/01/2022 --12,231.25 12,231.25 - 02/01/2023 205,000.00 3.750%12,231.25 217,231.25 229,462.50 08/01/2023 --8,387.50 8,387.50 - 02/01/2024 210,000.00 3.850%8,387.50 218,387.50 226,775.00 08/01/2024 --4,345.00 4,345.00 - 02/01/2025 220,000.00 3.950%4,345.00 224,345.00 228,690.00 Total $5,975,000.00 -$854,851.88 $6,829,851.88 - Yield Statistics Bond Year Dollars $31,336.25 Average Life 5.245 Years Average Coupon 2.7279967% Net Interest Cost (NIC)2.8805357% True Interest Cost (TIC)2.8342756% Bond Yield for Arbitrage Purposes 2.6658055% All Inclusive Cost (AIC)2.9770800% IRS Form 8038 Net Interest Cost 2.7279967% Weighted Average Maturity 5.245 Years 09 cur Ser 03A $4.145 GO | Issue Summary | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 2 CC Meeting of April 5, 2010 (Item No. 8a)Page 16 St Louis Park, MN Issue Summary $5,975,000 G.O. Bonds, Series 2010 New Money and Proposed Current Refunding of Series 2003A & 2001B Operation Of Project Construction Fund Date Principal Rate Receipts Disbursements Cash Balance 05/01/2010 2,485,000.00 -5,884,417.50 5,884,417.50 - Total $2,485,000.00 -$5,884,417.50 $5,884,417.50 - Investment Parameters Investment Model [PV, GIC, or Securities]GIC Default investment yield target Unrestricted Cash Deposit 3,399,417.50 Cost of Investments Purchased with Bond Proceeds 2,485,000.00 Total Cost of Investments $5,884,417.50 Target Cost of Investments at bond yield $5,884,417.50 Yield to Receipt - Yield for Arbitrage Purposes 2.6658055% State and Local Government Series (SLGS) rates for 3/10/2010 09 cur Ser 03A $4.145 GO | Issue Summary | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 3 CC Meeting of April 5, 2010 (Item No. 8a)Page 17 St Louis Park, MN Issue Summary $5,975,000 G.O. Bonds, Series 2010 New Money and Proposed Current Refunding of Series 2003A & 2001B Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S Fiscal Total 05/01/2010 ------ 02/01/2011 730,000.00 0.500%82,539.38 812,539.38 812,539.38 812,539.38 08/01/2011 --53,201.25 53,201.25 53,201.25 - 02/01/2012 875,000.00 0.812%53,201.25 928,201.25 928,201.25 981,402.50 08/01/2012 --49,648.75 49,648.75 49,648.75 - 02/01/2013 885,000.00 1.079%49,648.75 934,648.75 934,648.75 984,297.50 08/01/2013 --44,875.00 44,875.00 44,875.00 - 02/01/2014 895,000.00 1.380%44,875.00 939,875.00 939,875.00 984,750.00 08/01/2014 --38,697.50 38,697.50 38,697.50 - 02/01/2015 430,000.00 1.830%38,697.50 468,697.50 468,697.50 507,395.00 08/01/2015 --34,762.50 34,762.50 34,762.50 - 02/01/2016 435,000.00 2.140%34,762.50 469,762.50 469,762.50 504,525.00 08/01/2016 --30,108.75 30,108.75 30,108.75 - 02/01/2017 170,000.00 2.850%30,108.75 200,108.75 200,108.75 230,217.50 08/01/2017 --27,686.25 27,686.25 27,686.25 - 02/01/2018 170,000.00 3.050%27,686.25 197,686.25 197,686.25 225,372.50 08/01/2018 --25,093.75 25,093.75 25,093.75 - 02/01/2019 180,000.00 3.200%25,093.75 205,093.75 205,093.75 230,187.50 08/01/2019 --22,213.75 22,213.75 22,213.75 - 02/01/2020 185,000.00 3.350%22,213.75 207,213.75 207,213.75 229,427.50 08/01/2020 --19,115.00 19,115.00 19,115.00 - 02/01/2021 190,000.00 3.500%19,115.00 209,115.00 209,115.00 228,230.00 08/01/2021 --15,790.00 15,790.00 15,790.00 - 02/01/2022 195,000.00 3.650%15,790.00 210,790.00 210,790.00 226,580.00 08/01/2022 --12,231.25 12,231.25 12,231.25 - 02/01/2023 205,000.00 3.750%12,231.25 217,231.25 217,231.25 229,462.50 08/01/2023 --8,387.50 8,387.50 8,387.50 - 02/01/2024 210,000.00 3.850%8,387.50 218,387.50 218,387.50 226,775.00 08/01/2024 --4,345.00 4,345.00 4,345.00 - 02/01/2025 220,000.00 3.950%4,345.00 224,345.00 224,345.00 228,690.00 Total $5,975,000.00 -$854,851.88 $6,829,851.88 $6,829,851.88 - 09 cur Ser 03A $4.145 GO | Issue Summary | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 4 CC Meeting of April 5, 2010 (Item No. 8a)Page 18 St Louis Park, MN $4,145,000 G.O. Bonds, Series 2003A Prior Original Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 02/01/2010 ----- 08/01/2010 --32,332.50 32,332.50 - 02/01/2011 430,000.00 3.350%32,332.50 462,332.50 494,665.00 08/01/2011 --25,130.00 25,130.00 - 02/01/2012 445,000.00 3.500%25,130.00 470,130.00 495,260.00 08/01/2012 --17,342.50 17,342.50 - 02/01/2013 465,000.00 3.600%17,342.50 482,342.50 499,685.00 08/01/2013 --8,972.50 8,972.50 - 02/01/2014 485,000.00 3.700%8,972.50 493,972.50 502,945.00 Total $1,825,000.00 -$167,555.00 $1,992,555.00 - Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 5/01/2010 Average Life 2.301 Years Average Coupon 3.6055671% Weighted Average Maturity (Par Basis) 2.301 Years Refunding Bond Information Refunding Dated Date 5/01/2010 Refunding Delivery Date 5/01/2010 Ser 03A $4.145 GO Bds | SINGLE PURPOSE | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 5 CC Meeting of April 5, 2010 (Item No. 8a)Page 19 St Louis Park, MN Purpose One - $1,870,000 Current Refunding of $4,145,000 G.O. Bonds, Series 2003A Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 02/01/2011 477,487.50 477,487.50 494,665.00 17,177.50 02/01/2012 474,325.00 474,325.00 495,260.00 20,935.00 02/01/2013 480,875.00 480,875.00 499,685.00 18,810.00 02/01/2014 481,175.00 481,175.00 502,945.00 21,770.00 Total $1,913,862.50 $1,913,862.50 $1,992,555.00 $78,692.50 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings.....................76,228.74 Net PV Cashflow Savings @ 1.703%(AIC)............76,228.74 Contingency or Rounding Amount....................1,354.92 Net Present Value Benefit $77,583.66 Net PV Benefit / $1,878,821.81 PV Refunded Debt Service 4.129% Net PV Benefit / $1,825,000 Refunded Principal...4.251% Net PV Benefit / $1,870,000 Refunding Principal..4.149% Refunding Bond Information Refunding Dated Date 5/01/2010 Refunding Delivery Date 5/01/2010 09 cur Ser 03A $4.145 GO | Cur Ref Ser 03A | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 6 CC Meeting of April 5, 2010 (Item No. 8a)Page 20 St Louis Park, MN Purpose One - $1,870,000 Current Refunding of $4,145,000 G.O. Bonds, Series 2003A Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S Fiscal Total 05/01/2010 ------ 02/01/2011 465,000.00 0.500% 12,487.50 477,487.50 477,487.50 477,487.50 08/01/2011 --7,162.50 7,162.50 7,162.50 - 02/01/2012 460,000.00 0.750%7,162.50 467,162.50 467,162.50 474,325.00 08/01/2012 --5,437.50 5,437.50 5,437.50 - 02/01/2013 470,000.00 1.000%5,437.50 475,437.50 475,437.50 480,875.00 08/01/2013 --3,087.50 3,087.50 3,087.50 - 02/01/2014 475,000.00 1.300%3,087.50 478,087.50 478,087.50 481,175.00 Total $1,870,000.00 -$43,862.50 $1,913,862.50 $1,913,862.50 - 09 cur Ser 03A $4.145 GO | Cur Ref Ser 03A | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 7 CC Meeting of April 5, 2010 (Item No. 8a)Page 21 St Louis Park, MN $3,265,000 General Obligation Storm Sewer Revenue Bonds Series 2001B Prior Original Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 02/01/2010 ----- 08/01/2010 --36,502.50 36,502.50 - 02/01/2011 230,000.00 4.600%36,502.50 266,502.50 303,005.00 08/01/2011 --31,212.50 31,212.50 - 02/01/2012 240,000.00 4.600%31,212.50 271,212.50 302,425.00 08/01/2012 --25,692.50 25,692.50 - 02/01/2013 250,000.00 4.750%25,692.50 275,692.50 301,385.00 08/01/2013 --19,755.00 19,755.00 - 02/01/2014 260,000.00 4.750%19,755.00 279,755.00 299,510.00 08/01/2014 --13,580.00 13,580.00 - 02/01/2015 275,000.00 4.850%13,580.00 288,580.00 302,160.00 08/01/2015 --6,911.25 6,911.25 - 02/01/2016 285,000.00 4.850%6,911.25 291,911.25 298,822.50 Total $1,540,000.00 -$267,307.50 $1,807,307.50 - Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 5/01/2010 Average Life 3.377 Years Average Coupon 4.7895433% Weighted Average Maturity (Par Basis) 3.377 Years Refunding Bond Information Refunding Dated Date 5/01/2010 Refunding Delivery Date 5/01/2010 Ser 01B $3,265,000 GO Str | SINGLE PURPOSE | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 8 CC Meeting of April 5, 2010 (Item No. 8a)Page 22 St Louis Park, MN Purpose Two - $1,585,000 Current Refunding of $3,265,000 G.O. Storm Sewer Revenue Bonds, Series 2001B Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 02/01/2011 279,332.50 279,332.50 303,005.00 23,672.50 02/01/2012 277,785.00 277,785.00 302,425.00 24,640.00 02/01/2013 275,835.00 275,835.00 301,385.00 25,550.00 02/01/2014 273,235.00 273,235.00 299,510.00 26,275.00 02/01/2015 279,855.00 279,855.00 302,160.00 22,305.00 02/01/2016 275,265.00 275,265.00 298,822.50 23,557.50 Total $1,661,307.50 $1,661,307.50 $1,807,307.50 $146,000.00 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings.....................138,221.28 Net PV Cashflow Savings @ 1.937%(AIC)............138,221.28 Contingency or Rounding Amount....................3,457.87 Net Present Value Benefit $141,679.15 Net PV Benefit / $1,661,917.96 PV Refunded Debt Service 8.525% Net PV Benefit / $1,540,000 Refunded Principal...9.200% Net PV Benefit / $1,585,000 Refunding Principal..8.939% Refunding Bond Information Refunding Dated Date 5/01/2010 Refunding Delivery Date 5/01/2010 09 cur Ser 03A $4.145 GO | Cur Ref Ser 01B | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 9 CC Meeting of April 5, 2010 (Item No. 8a)Page 23 St Louis Park, MN Purpose Two - $1,585,000 Current Refunding of $3,265,000 G.O. Storm Sewer Revenue Bonds, Series 2001B Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S Fiscal Total 05/01/2010 ------ 02/01/2011 265,000.00 0.500% 14,332.50 279,332.50 279,332.50 279,332.50 08/01/2011 --8,892.50 8,892.50 8,892.50 - 02/01/2012 260,000.00 0.750%8,892.50 268,892.50 268,892.50 277,785.00 08/01/2012 --7,917.50 7,917.50 7,917.50 - 02/01/2013 260,000.00 1.000%7,917.50 267,917.50 267,917.50 275,835.00 08/01/2013 --6,617.50 6,617.50 6,617.50 - 02/01/2014 260,000.00 1.300%6,617.50 266,617.50 266,617.50 273,235.00 08/01/2014 --4,927.50 4,927.50 4,927.50 - 02/01/2015 270,000.00 1.700%4,927.50 274,927.50 274,927.50 279,855.00 08/01/2015 --2,632.50 2,632.50 2,632.50 - 02/01/2016 270,000.00 1.950%2,632.50 272,632.50 272,632.50 275,265.00 Total $1,585,000.00 -$76,307.50 $1,661,307.50 $1,661,307.50 - 09 cur Ser 03A $4.145 GO | Cur Ref Ser 01B | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 10 CC Meeting of April 5, 2010 (Item No. 8a)Page 24 St Louis Park, MN Purpose Three - $2,520,000 New Money Storm Water & Utility Improvements (15 Year Term) Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S Fiscal Total 05/01/2010 ------ 02/01/2011 --55,719.38 55,719.38 55,719.38 55,719.38 08/01/2011 --37,146.25 37,146.25 37,146.25 - 02/01/2012 155,000.00 1.100%37,146.25 192,146.25 192,146.25 229,292.50 08/01/2012 --36,293.75 36,293.75 36,293.75 - 02/01/2013 155,000.00 1.450%36,293.75 191,293.75 191,293.75 227,587.50 08/01/2013 --35,170.00 35,170.00 35,170.00 - 02/01/2014 160,000.00 1.750%35,170.00 195,170.00 195,170.00 230,340.00 08/01/2014 --33,770.00 33,770.00 33,770.00 - 02/01/2015 160,000.00 2.050%33,770.00 193,770.00 193,770.00 227,540.00 08/01/2015 --32,130.00 32,130.00 32,130.00 - 02/01/2016 165,000.00 2.450%32,130.00 197,130.00 197,130.00 229,260.00 08/01/2016 --30,108.75 30,108.75 30,108.75 - 02/01/2017 170,000.00 2.850%30,108.75 200,108.75 200,108.75 230,217.50 08/01/2017 --27,686.25 27,686.25 27,686.25 - 02/01/2018 170,000.00 3.050%27,686.25 197,686.25 197,686.25 225,372.50 08/01/2018 --25,093.75 25,093.75 25,093.75 - 02/01/2019 180,000.00 3.200%25,093.75 205,093.75 205,093.75 230,187.50 08/01/2019 --22,213.75 22,213.75 22,213.75 - 02/01/2020 185,000.00 3.350%22,213.75 207,213.75 207,213.75 229,427.50 08/01/2020 --19,115.00 19,115.00 19,115.00 - 02/01/2021 190,000.00 3.500%19,115.00 209,115.00 209,115.00 228,230.00 08/01/2021 --15,790.00 15,790.00 15,790.00 - 02/01/2022 195,000.00 3.650%15,790.00 210,790.00 210,790.00 226,580.00 08/01/2022 --12,231.25 12,231.25 12,231.25 - 02/01/2023 205,000.00 3.750%12,231.25 217,231.25 217,231.25 229,462.50 08/01/2023 --8,387.50 8,387.50 8,387.50 - 02/01/2024 210,000.00 3.850%8,387.50 218,387.50 218,387.50 226,775.00 08/01/2024 --4,345.00 4,345.00 4,345.00 - 02/01/2025 220,000.00 3.950%4,345.00 224,345.00 224,345.00 228,690.00 Total $2,520,000.00 -$734,681.88 $3,254,681.88 $3,254,681.88 - 09 cur Ser 03A $4.145 GO | New Money | 3/11/2010 | 3:49 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 11 CC Meeting of April 5, 2010 (Item No. 8a)Page 25 Meeting Date: April 5, 2010 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: Project Report: 2010 MSA Street Rehab (Wooddale Avenue) - Project No. 2009-1101. RECOMMENDED ACTION: Motion to Adopt Resolution Accepting the Project Report, Establishing Improvement Project No. 2009-1101 Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2009-1101. POLICY CONSIDERATION: Does the Council wish to adopt the resolution and proceed with this project? BACKGROUND: The Municipal State Aid (MSA) street system is a network of streets, designated by the City, which are eligible for funding from the state for periodic maintenance and reconstruction. MSA streets are typically those major streets which have higher volumes of traffic and are required to be constructed to a higher standard. During the past several years, staff identified the need to rehabilitate portions of the MSA street system through the City’s Pavement Management Program. The Pavement Management Program was developed to extend pavement life and enhance system-wide performance in a cost-effective and efficient way by providing the right maintenance or repair at the right time. Using the City’s pavement management software, staff obtains street condition ratings and monitors their performance. Staff then evaluates the condition of streets and selects cost-effective treatments to extend pavement life. The MSA system is analyzed at the same time as the rest of the residential street network as part of the overall pavement management program. Rather than maintaining MSA streets on an area basis, like the residential street pavement management methodology, these streets are identified for repair or reconstruction based on their current condition. Through the CIP process, MSA projects are then programmed for major maintenance, rehabilitation or reconstruction. ANALYSIS: The following State Aid street segments identified for major maintenance, rehabilitation or reconstruction efforts in 2010 are: Street Start Point End Point Repair/Rehab. Type Wooddale Avenue W. 44th Street W. 42 1/2 Street Mill and Overlay Texas Avenue Minnetonka Blvd W. 28th Street Concrete Rehabilitation CC Meeting of April 5, 2010 (Item No. 8b) Page 2 The Wooddale Avenue project involves pavement resurfacing by a mill and overlay process where the top 2 inches of pavement is ground off and then a new asphalt surface is paved. The project also includes minor repairs on the concrete curb and sidewalk, minor storm sewer repairs, and updates to the pedestrian curb ramps to meet current ADA standards. The project construction is anticipated to last about one month. The project will be constructed under traffic. Motorists will be guided through the work zone during periods of temporary lane closures. Wooddale Avenue currently does not meet State Aid standards for the minimum width requirements. Presently, Wooddale Avenue is 30 feet wide from W. 44th Street to Morningside Road with parking allowed on one side (west side) of the street. According to State Aid standards, a street with parking allowed on one side must have a minimum width of 32 feet. Because the street does not meet the minimum width standards, State Aid funds are not readily eligible to fund the rehabilitation work unless a variance is granted by Mn/DOT’s Office of State Aid. Staff pursued the variance option after Council approval at their February 16, 2010 meeting. Staff was successful in the request for a variance and State Aid funds are now available for use on the proposed work. The Engineering Staff has prepared plans and specifications for the Wooddale Avenue project. Because MSA funds will be used to pay for this project, it is necessary for Mn/DOT to review and approve the plans prior to construction. The plans are scheduled to be reviewed by Mn/DOT over the next few weeks and we anticipate final approval by mid-April. Mn/DOT approval must be obtained prior to opening of bids to obtain MSA reimbursement for this work. The Texas Avenue project is scheduled for City Council approval later this spring with an anticipated construction schedule of mid summer. PUBLIC PROCESS: Area residents and neighborhood association leaders were invited to an open house to review the preliminary plans for the proposed street construction work. Five residents attended the open house on February 23, 2010. Staff met individually with the residents to discuss the timing of the project and what construction impacts would be felt by the residents while the project is underway. Prior to the start of construction, letters will be mailed to the adjacent property owners and tenants providing details of the work and project schedule. The city’s website will also provide information on the proposed project. Project Timeline: Should the City Council approve the Project Report, it is anticipated that the following schedule can be met: • Approval of Plans/Authorization to Bid by City Council April 5, 2010 • Advertise for bids Mid to Late April • Bid Opening May 6, 2010 • Bid Tab Report to City Council; Award contract May 17, 2010 • Begin Construction Mid to Late June 2010 CC Meeting of April 5, 2010 (Item No. 8b) Page 3 FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and is included in the City’s adopted Capital Improvement Program (C.I.P.). The project will be funded by Municipal State Aid funds (gas tax monies). The estimated costs are as follows: Estimated Costs Construction Cost $139,660 Contingencies (10%) $ 13,965 Engineering & Administration (8%) $ 11,175 $164,800 Funding Sources Municipal State Aid Funds $164,800 VISION CONSIDERATION: Not Applicable. Attachments: Resolution Map of Project Location Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Scott Brink, City Engineer Mike Rardin, Public Works Director Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 8b) Page 4 RESOLUTION NO. 10-_______ RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2009-1101 APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECTS NO. 2009-1101 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the 2010 MSA Street Improvement Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 2009-1101 is hereby accepted. 2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2009-1101 is hereby established and ordered. 4. The plans and specifications for the making of these improvements, as prepared under the direction of the City Engineer, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council April 5, 2010 City Manager Mayor Attest: City Clerk CC Meeting of April 5, 2010 (Item No. 8b)Page 5 Meeting Date: April 5, 2010 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: Approve 2010-2011 Police Officer (Local #206) Labor Agreement. RECOMMENDED ACTION: Motion to Adopt Resolution approving Labor Agreement between the City of Ct. Louis Park and Law Enforcement Labor Services (LELS), Local #206 (Police Officers) January 1, 2010 – December 31, 2011. POLICY CONSIDERATION: Does Council wish to approve the Labor Agreement establishing terms and conditions of employment for two years, between the City and the Police Officers? BACKGROUND: Staff is very pleased to bring a two year package to Council on our last open contract for 2010. As Council is aware, three of our unions (Dispatch, Fire and Local 49 Maintenance) had closed contracts with a 3.25% wage increase in 2010. Through much discussion, Dispatch and Fire have agreed to roll back their increases to 1% effective 1/1/10 and 2.25% effective 12/31/10, and Local 49 has agreed to a furlough plan. Recently, our Sergeant group agreed to a two year contract following the same pattern as Dispatch and Fire for 2010 and 0% increase on wages for 2011. In several very respectful and productive meetings, the Police Officers group has agreed on the following terms: • Duration of two years (1/1/10 – 12/31/11). • Wage increase of 1% effective January 1, 2010. • Wage increase of 2.25% effective December 31, 2010. • 0% wage increase for 2011. • The City agrees that there will be no layoffs or furloughs in this bargaining group in 2010 and 2011. • Holiday Swap: The Police Officers’ contract states that employees who work certain holidays are entitled to overtime pay for hours worked. The group requested to swap Columbus Day for Christmas Eve in this article. Comment: This swap is cost neutral to the city. • Addition of Annual Transfer of Flex Leave to Health Care Savings Plan (HCSP): This is the same plan that is in place for all other city groups where employees over the accrual cap once per year are required to transfer 40 hours of leave to the tax free HCSP. CC Meeting of April 5, 2010 (Item No. 8c) Page 2 • New Deferred Compensation Match: Effective 1/1/11 – 12/31/11, the Employer will contribute $10 per pay period to the account of each eligible employee’s deferred compensation account if the employee contributes a minimum of $50 per pay period. Staff is highly 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 included in the 2010 budget, and will be included in the 2011 budget preparation. VISION CONSIDERATION: Not directly applicable. Attachment: Resolution Prepared by: Ali Fosse, HR Coordinator Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 8c) Page 3 RESOLUTION NO. 10-_____ RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL #206 POLICE OFFICERS JANUARY 1, 2010 – 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 Employee 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 Law Enforcement Labor Services, Inc. (LELS), Local #206, Police Officers, effective January 1, 2010 – December 31, 2011. Reviewed for Administration: Adopted by the City Council April 5, 2010 City Manager Mayor Attest: City Clerk Meeting Date: April 5, 2010 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: Second Reading of Ordinance Amending Sections of Chapter 8 – Building and Contractor Licensing and Chapter 12 Environmental and Public Health Codes. RECOMMNEDED ACTION: Motion to Adopt Second Reading of Ordinance Relating To Business Licenses, Amending Regulations Relating To Inspection Fees, Massage Therapy, Peddlers, Solicitors And Transient Merchants, And Food And Beverage Establishments POLICY CONSIDERATION: Does the Council wish to proceed with the amendments to Chapters 8 and 12 City Code as proposed? BACKGROUND: Council approved the first reading of the ordinance amending certain provisions of Chapters 8 and 12 of the City Code during the meeting of March 15, 2010. Discussion over the ordinance resulted in Council directing staff to develop a license exemption for residents going door to door for fundraising as required in Sec. 8-571 for Solicitor/Peddler licensing. The definition of a solicitor has been amended for second reading of the ordinance to include the following; “It also means any person, except for a city resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization.” Therefore a professional fundraiser hired by a non-profit group to solicit donations would be required to obtain a license but a city resident fundraising in the neighborhood for either a local cause or national group will not be required to obtain a license. Following is a brief summary of the entire proposed ordinances for Council review. No changes have occurred since first reading with the exception of the definition of a solicitor. Chapter 8 Business Licenses Fees Sec.8-33 Maintenance item to have code reflect the current process of adopting by ordinance new or updated license fees. Multiple Re-inspection Fees for Licensed Businesses Sec. 8-193 CC Meeting of April 5, 2010 (Item No. 8d) Page 2 A new license fee component is proposed in Section 8-193. A re-inspection fee is proposed to help cover the cost of city services that occur when multiple re-inspections of licensed property become necessary. The re-inspection fee details include: a) The service fee is charged when more than two re-inspections are required to achieve code compliance following a correction notice from the initial inspection. b) A multiple re-inspection fee of $130 is proposed. c) Fees not paid when invoiced would be collected with the annual license renewal. Massage Therapy Establishment License Sec. 8-296 – 8-300. Adds the following requirements to the existing business license: a) The licensee would receive an annual background check performed by the Police Department with criteria identified to specify grounds for denial of a license as a result of the background check. b) The establishment may only allow licensed massage therapists to perform massage within the establishment. c) A plumbed hand washing sink will be required to be easily accessible by the therapists. Massage Therapist License Sec. 8-300 – 8-305. Creates a new licensing category with the following components for individual massage therapists to create a minimum competency level and accountability: a) Massage therapists must be licensed whether working within a licensed establishment or providing massage therapy outside of a licensed establishment. b) License applicants must have successfully completed a minimum 400 hours of training for massage therapy from an accredited school. c) A background check completed by the Police Department annually with criteria identified to specify grounds for denial of a license as a result of the background check. d) Annual license fee of $95 with a reduced fee of $25 charged to therapists holding an establishment license. e) An exception allows students at a massage therapy school to perform massage on the public provided they are supervised by a licensed massage therapist within a licensed establishment. Peddlers and Solicitors Sec.8-571-579. Revisions include: a) A background check before issuing an annual license with specified criteria identified to specify grounds for denial of a license as a result of the background check. b) A photo I.D. of the applicant will be created and serve as the license and will be required to be visibly worn at all times when the peddlers and solicitors are located and working within the city. Residents going to their neighbors to raise funds for local or national organization will be exempt from this code. Non-profit and scout troops selling cookies and similar activities are also exempt from licensing. Commercial Entertainment Establishment License Sec. 8-214. A minor requirement is proposed to be added to this section: CC Meeting of April 5, 2010 (Item No. 8d) Page 3 a) Licensee shall maintain current general liability insurance policy in the amount of a minimum of $100,000 for each person, $500,000 per occurrence and $1,000,000 aggregate. Food and Beverage Establishments Sec. 256-258 Changing the category from Catering Vehicle Decal to Mobile Food Vehicle will align this type of license with the adopted codes by the MN Department of Health. Chapter 12 Environment and Public Health Environmental and Public Health Regulations Adopted by Reference Sec 12-1. Proposed ordinance adopts the MN rules by reference as required by the MN Department of Health delegation agreement and add requirements for grease traps in food establishments to reduce grease contamination of City sanitary sewer system. Following requirements are already utilized during inspections; local adoption will only place them within our Code as referenced documents. These statues and rules are: a) Food Code - MN Statues Chapter 157 and 327 and MN Rules Chapter 4626 for Food, Beverage, Lodging and Food Manager Certification and the addition of requirements for grease traps. b) Public Swimming Pools - MN Statues Section 144.71 through 144.74 and MN Rules 4717.0150 through 4717.3970 for Public Pools. c) Lodging Establishments – MN Rules – 4625.0100 through 4625.2300. FINANCIAL OR BUDGET CONSIDERATION: Modifications to our licensing program will have a budget neutral effect. Any increase costs incurred by the City would be recovered through establishing revised licensing fees. EFFECTIVE DATES: All proposed ordinance amendments go into effect 15 days after publication except the massage therapist license would be in effect July 1, 2010. VISION CONSIDERATION: Not applicable. Attachments: Ordinance Prepared by: Ann Boettcher, Inspection Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy Manager/HR Director CC Meeting of April 5, 2010 (Item No. 8d) Page 4 ORDINANCE NO. _______-10 ORDINANCE RELATING TO BUSINESS LICENSES, AMENDING REGULATIONS RELATING TO INSPECTION FEES, MASSAGE THERAPY, PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, AND FOOD AND BEVERAGE ESTABLISHMENTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 8-33 of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-33. Fees. Except as otherwise provided in this chapter, all fees for licenses under this chapter, including investigation fees, shall be fixed and determined by the city council, adopted by resolution and uniformly enforced set by ordinance of the city council and listed as appendix A of this Code. Such license fees may, from time to time, be amended by council resolution. New fees called for by any ordinance subsequently adopted may be adopted by ordinance of the council at second reading and codified into appendix A at the time of the next annual review by the council. In the case of contractor, business and animal licenses, license applications received within the last thirty (30) days of the license term will be issued a license for the following year in the fee amount set for the following calendar year. Section 2. Section 8-193 of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-193. Re-inspection Fee. An inspection service fee shall be assessed to the licensee for each additional re-inspection to verify code compliance after a correction notice has been issued and the violation has not been corrected within two subsequent inspections. The licensee will be invoiced for any re-inspection fees. Any and all outstanding fees due must be paid before any change of business ownership is approved or issuance of any annual license renewal. Section 3. Section 8-1 of the St. Louis Park Code of Ordinances is amended to add the following definition: Massage therapist means a person who practices or administers massage therapy. Section 4. Section 8, Division 3, Subdivision VI of the St. Louis Park Code of Ordinances relating to massage therapy licensing is amended to read by adding the underlined language and deleting the strikethrough language: CC Meeting of April 5, 2010 (Item No. 8d) Page 5 Sec. 8-296. Massage Therapy Establishment License required. No person shall engage in the business of operating operate a therapeutic massage therapy establishment either exclusively or in connection with any other business enterprise without first obtaining a therapeutic massage therapy establishment license from the city. Sec. 8-297. Massage Therapy Establishment Regulations adopted. (a) Each licensed therapeutic massage therapy establishment in the city shall be constructed and maintained in compliance with the health, safety and building regulations of the city, and all state laws, rules and regulations, including but not limited to the following: (1) Walls, floors and ceilings must be smooth, clean and in good repair. Low nap carpeting is permitted provided it is kept clean and without wear or tear. (2) Massage rooms must be equipped with lighting capable of illuminating horizontal surfaces with a minimum intensity of 50 foot candles to facilitate room cleaning. (3) Massage rooms must be equipped with mechanical air ventilation or an exhaust fan. (4) A hot and cold water hand washing sink or an NSF approved portable hand sink with soap and hand drying by mechanical or disposable towel is required in the therapeutic massage area. Use of a public bathroom or janitor’s sink is not allowed. One sink may serve multiple massage therapy rooms in the same business area. (5) Any person performing massage therapy, including the licensee of a massage therapy establishment, must be licensed as a massage therapist pursuant to Section 8-302. (b) No customer or patron of a therapeutic massage therapy establishment shall be allowed to enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No customer or patron of a therapeutic massage therapy establishment shall be allowed to remain upon the licensed premises after 9:15 p.m. and before 8:00 a.m. daily. Such restrictions on hours shall not apply where the massage therapy is provided within a health/sports establishment, and in such case, the hours for massage therapy must coincide with the health/sports establishment's hours of operation. (c) During any hours in which any person is present on the licensed premises of a therapeutic massage therapy establishment, such therapeutic massage establishment shall be open to inspection by the city inspectors and police officers. Upon demand by any police officer the city, all persons engaged in providing services in any a therapeutic massage therapy establishment licensed premises shall identify themselves, giving their true legal by name and correct address. (d) The applicant for a new an annual license will be required to provide a copy of a current government issued identification and complete a license application addendum and authorizing authorization of for a background check to be completed by the city. CC Meeting of April 5, 2010 (Item No. 8d) Page 6 Sec. 8-298. Massage Therapy Establishment License Application. (a) Each application shall be made on a form supplied by the city and shall contain the following information: (1) Name of business. (2) Address of business. (3) Property owner name, address and phone number. (4) Applicant name, address and phone number. (5) Name of manager/proprietor. (6) Names of licensed massage therapist and city license numbers. (7) Whether the applicant is an individual, corporation, partnership, or other form of organization. (8) If the applicant is an individual: a. The true name, place and date of birth, address and phone number of the applicant. b. Whether the applicant has ever used or has been known by any other name and, if so, what was such name and information concerning dates and places where used. c. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case, a certified copy of the certificate as required by Minn. Stat. ch. 333 shall be attached to the application. d. The street address at which the applicant has lived during the preceding five (5) years. e. The kind, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. f. The names and addresses of the applicant’s employers and partners, if any, for the preceding five (5) years. g. Whether the applicant has ever been convicted of any crime or violation of any ordinance other than traffic ordinances. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. h. The physical description of the applicant. i. Whether the applicant is licensed in other communities to run similar businesses, and, if so, where. j. Whether the applicant has previously been denied a massage license or had such a license or permit suspended or revoked, along with an explanation of any such denial, suspension or revocation. (9) If the applicant is a partnership, in addition to the information required by subsections (a)(1)-(7) of this section, the following shall be provided: a. The names, addresses and interest of all partners and all information concerning each partner that is required of an individual applicant in subsection (a)(8) of this section. b. A copy of the partnership agreement, which shall be submitted with the application. If the partnership is required to file a certificate as to a trade CC Meeting of April 5, 2010 (Item No. 8d) Page 7 name under the provisions of Minn. Stat. ch. 333, a certified copy of such certificate shall also be attached. (10) If the applicant is a corporation or other organization, in addition to the information required by subsections (a)(1)-(7) of this section, the following shall be provided: a. The name and, if incorporated, the state of incorporation. b. A copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws, which shall be attached to the application. If a foreign corporation, a certificate of authority, as described in Minn. Stat. ch. 303 shall also be attached. c. A list of all persons who are officers or directors of the corporation or organization or who control or own an interest in such corporation or organization. d. All information required by subsection (a)(8) of this section for any manager or other individual directly involved in the operation of the massage therapy establishment. (b) The applicant and licensee shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. Sec. 8-299. Massage Therapy Establishment Application review and license issuance. (a) Complete applications shall be reviewed by the city for verification and investigation of the facts set forth in the application, including a criminal background investigation of all individuals required to provide the information in section 8-298(a)(8) and each massage therapist. The city may order and conduct such additional investigation as deemed necessary. (b) The city shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing, specifying the reasons for denial. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. (c) Complete applications for issuance of annual licenses shall be submitted to the city at least thirty (30) days prior to the expiration of the license. Sec. 8-300. Massage Therapy Establishment License Refusal, suspension and revocation. The city may refuse to grant a massage therapy establishment license or license renewal and may suspend or revoke a license for any reasonable cause including the following: (a) The application is incomplete. (b) The applicant is less than 18 years of age. (c) The applicant or any massage therapist working at the massage therapy establishment has been convicted of a sexually oriented crime, prostitution, or any other crime or violation involving moral turpitude within five (5) years of the date of application. (d) The applicant falsified information on the application. CC Meeting of April 5, 2010 (Item No. 8d) Page 8 (e) The applicant or any massage therapist working at the massage therapy establishment has a history of violations of laws or ordinances that apply to health, safety, welfare, or more turpitude. (f) For other good cause. Sec. 8-301. Massage Therapist License required. (a) No person shall engage, or hold himself or herself out as being engaged, in the practice of massage therapy without first obtaining a license as herein provided. (b) A massage therapist who provides massage therapy at either a licensed message therapy establishment or at any other location in the city must comply with all the provisions of this section. (c) Exception. A massage therapist license shall not be required for any student of massage therapy meeting the definition as set forth herein, provided: (1) The massage therapy is provided during and as part of a course or clinical component of the school’s program or course work; and (2) The massage therapy student is supervised by an instructor while providing massage therapy services. A notice, which advises the public that the person who may provide massage therapy services is a student of massage therapy and is not licensed by the city, shall be posted in the room in which the massage therapy is provided. Sec. 8-302. Massage Therapist Regulations adopted. (a) Commencing on January 1, 2011, only massage therapists having the following qualifications shall be allowed to perform massage therapy at any location in the city: (1) a diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or (2) a diploma or certificate of graduation from a school, which is either accredited by a recognized educational accrediting association or agency or is licensed by the state or local government agency having jurisdiction over the school; or (3) a certificate of National Certification for Therapeutic Massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of the American Massage Therapy Association. (b) The licensee shall comply with applicable ordinances, regulations, and laws of the city, the state of Minnesota, and the United States. CC Meeting of April 5, 2010 (Item No. 8d) Page 9 Sec. 8-303. Massage Therapist License application. (a) Every application for a massage therapist license shall be made on a form supplied by the city and shall contain the following information: (1) The name, place and date of birth, address and phone number of the applicant. (2) Whether the applicant has ever used or has been known by any other name and, if so, what was such name and information concerning dates and places where used. (3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case, a certified copy of the certificate as required by Minn. Stat. ch. 333 shall be attached to the application. (4) The street address at which the applicant has lived during the preceding five (5) years. (5) The kind, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. (6) The names and addresses of the applicant’s employers and partners, if any, for the preceding five (5) years. (7) Whether the applicant has ever been convicted of any felony or other crime or violation of any ordinance other than petty misdemeanor traffic violations and the time, place and offense involved in any such convictions. (8) The physical description of the applicant. (9) The name of the manager or proprietor or other agent in charge of any business through which the massage therapy services will be provided or scheduled. (10) The name of any other municipalities in which the applicant works as a massage therapist. (11) Whether the applicant has previously been denied a massage license or had such a license or permit suspended or revoked, along with an explanation of any such denial, suspension or revocation. (b) The applicant will be required to provide a copy of a current government issued identification and complete a license application addendum authorizing the city to conduct a criminal background investigation. (c) The applicant and licensee shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. Sec. 8-304. Massage Therapist Application review and license issuance. (a) Complete applications shall be reviewed by the city for verification and investigation of the facts set forth in the application, including a criminal background investigation of the applicant. The city may order and conduct such additional investigation as deemed necessary. (b) The city shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing, specifying the reasons for denial. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. CC Meeting of April 5, 2010 (Item No. 8d) Page 10 (c) Complete applications for issuance of annual licenses shall be submitted to the city at least thirty (30) days prior to the expiration of the license. The determination regarding approval or denial of the license renewal shall be communicated to the applicant in writing, specifying the reasons if the application is denied. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. Sec. 8-305. Refusal, suspension and revocation of massage therapist license. The city may refuse to grant a massage therapist license and may suspend or revoke a license for any reasonable cause including the following: (a) the application is incomplete. (b) the applicant is less than 18 years of age. (c) the applicant has been convicted of a sexually oriented crime, prostitution, or any other crime or violation involving moral turpitude within five (5) years of the date of application. (e) the applicant falsified information on the application. (f) the applicant has a history of violations of laws or ordinances that apply to health, safety, welfare, or moral turpitude. (g) for other good cause. Section 5. Section 8-1 of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language of the following definition: Solicitor means any person who goes from house to house, business to business, or any kind of place to place movement for the purpose of soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person, except for a city resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization. Section 6. Chapter 8, Division 4, Subdivision V of the St. Louis Park Code of Ordinances relating to peddlers, solicitors and transient merchants is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-571. Registration required. (a) No person shall engage in the business of peddler, solicitor or transient merchant unless the person has first registered as provided in this section. Registrants shall file with the city a sworn written statement which shall include the following information: (1) The name and permanent home address for the past five years of the registrant, and the current local address of the registrant; CC Meeting of April 5, 2010 (Item No. 8d) Page 11 (2) In the case of transient merchants, the place where the business is to be carried on, a description of the nature of the business and of the goods to be sold; (3) The name and address of the employer or principal of the registrant, and the name and address of any supplier of the registrant. Credentials establishing the exact relationship of the registrant to the employer or principal shall be attached to the registration; (4) The period of time within which the registrant intends to conduct the permitted activities; (5) The source of supply of any goods or property proposed to be sold, where such goods or products are located at the time the registration is filed, and the proposed method of delivery of such goods or property; (6) A recent photograph of the registrant which shall be approximately two inches by two inches, showing the head and shoulders of the registrant, in a clear and distinguishing manner; (7) Whether the registrant has been convicted of any felony, gross misdemeanor or misdemeanor for which a jail sentence may be imposed; (8) The last cities, villages or townships, not to exceed three, where the registrant carried on business immediately preceding the date of registration, and the addresses from which such business was conducted in those municipalities; (9) Whether the registrant has taken advantage of any state or federal bankruptcy or insolvency law or proceeding as a bankrupt or debtor within the most recent ten years; (b) Every peddler, solicitor or vendor required to submit the information set forth in subsections (a)(1)--(a)(9) of this section shall promptly submit to the clerk any changes in such information required by changes in circumstances. (c) If the applicant is to solicit funds, financial information shall be supplied about the organization in behalf of which funds are to be solicited, in the form specified by the city clerk. Sec. 8-571. License required; exemptions. (a) It shall be unlawful for any person to engage in the business of peddler or solicitor within the City without first obtaining a license from the city; provided that the following are exempt from the provisions of this section: (1) Any person taking orders for goods sold by a political, religious, educational, or nonprofit organization as part of fundraising activities. (2) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler. (3) Any person who sells or attempts to sell or takes or attempts to take orders for any product grown, produced, cultivated, or raised on any farm. (4) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. CC Meeting of April 5, 2010 (Item No. 8d) Page 12 (5) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route. (6) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large. (7) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. (8) Any person participating in an organized multi-person bazaar or flea market. (9) Any person conducting an auction as a properly licensed auctioneer. (10) Any officer of the court conducting a court-ordered sale. (b) Persons whose activities are exempted from the licensing requirement shall comply with any other applicable statutory or ordinance provision, including Section 8-578. Sec. 8-572. Exceptions. The following persons are not required to register as set forth in section 8-571: (1) A peddler or transient merchant excepted from licensure as a peddler or transient merchant under M.S.A. ch. 329 shall not be required to register under this subdivision. (2) Any person who sells or attempts to sell, or solicits or attempts to solicit, orders for goods, wares or merchandise, or who canvasses, solicits or calls from house to house for contributions or support, if such person does so on behalf of a: a. Charitable, benevolent, philanthropic, patriotic, religious, social service, welfare, educational or organization, a majority of the membership of which are residents of the city, and which organization so identified in the course of canvassing, soliciting or peddling; or b. Bona fide political organization. (3) Vendors of milk, groceries, bakery products or other commodities, vendors or soft water service or laundry and dry cleaning pickup or delivery, or vendors of daily newspapers who make an uninvited initiatory call upon the occupant of a residence as a preliminary step to the establishment of such commodities or the providing of such services to regular customers. Sec. 8-572. Application. An application for a license shall be made at least fourteen (14) business days before the person desires to begin conducting a business operation within the city. Each individual seeking to conduct business as a peddler or solicitor shall complete an application. Application for a license shall be made on a form provided by the Chief of Police, City which shall include the following information: CC Meeting of April 5, 2010 (Item No. 8d) Page 13 (1) full legal name; (2) any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to; (3) physical description (i.e., hair color, eye color, height, weight, any distinguishing marks or features, and the like); (4) permanent address and telephone number; (5) temporary address and telephone number; (6) full legal name of any and all business operations owned, managed, or operated by the applicant; (7) brief description of the business or activity to be conducted and a general description of the items to be sold or the services to be provided; (8) if employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; (9) address and telephone numbers, including cellular phones and facsimile, of regular place of business, if any exists; (10) hours, date(s) and locations in the City which the applicant intends to conduct business; (11) a copy of a current government issued identification and complete a license application addendum authorizing the city to conduct a criminal background investigation; (12) license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the business; (13) any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city; (14) a statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses; (15) a list of the three (3) most recent city or county locations where the applicant has conducted business as a peddler or solicitor; (16) proof of possession of any license or permit that, under federal, state, or county law, regulation, or ordinance, is required to have in order to conduct the proposed business; and (17) any and all additional information as may be deemed necessary by the Chief of Police. (18) The applicant shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. Sec. 8-573. Fees; exemptions. At the time an application for a permit under this subdivision is filed with the city clerk, the applicant shall pay a registration fee to cover the cost to the city of processing and registering the applicant. The nonrefundable registration fee shall be set from time to time by the city and a CC Meeting of April 5, 2010 (Item No. 8d) Page 14 schedule of such fee is listed in appendix A to this Code. The following applicants are exempt from the payment of the nonrefundable registration fee: (1) Any person selling only literature of any kind in a residential area; (2) Any person dealing with merchandise of any kind to be delivered to customers in the state directly from points outside of the state; and (3) Any person soliciting money, donations or financial assistance of any kind for any religious or charitable organization, or selling merchandise for a fee on behalf of such an organization. Sec. 8-573. Fees. Except for solicitors, which are specifically exempted from paying any fee under this chapter, all applications for a license shall be accompanied by the fee set from time to time by the City and a schedule of such fee is listed in appendix A to this Code. Sec. 8-574. Issuance of certificate of registration. (a) Upon compliance with the provisions of this subdivision, the city manager or the city manager's designee shall issue a certificate of registration to the applicant. The certificate shall show the following: (1) Registrant's name; (2) Registrant's address; (3) Registrant's photograph; (4) Kinds of any goods to be sold; (5) Name and address, including popular names, of the organization for which any funds are to be solicited; (6) Expiration date; (7) An identifying number; and (8) Signature of the issuing officer. (b) Each peddler, solicitor or transient merchant must secure a personal registration. (c) No registration shall be used at any time by any person other than the one to whom such registration is issued. (d) The clerk shall keep a record of all registrations under this subdivision in accordance with city policy. (e) Each registration under this subdivision shall be valid only through the expiration date stated on the registration, and no registration may extend beyond December 31 of any year. (f) No registration under this subdivision shall be issued to peddle, sell or solicit orders for the sale of furs, eyeglasses, medicines, watches, jewelry, plated ware or silverware. CC Meeting of April 5, 2010 (Item No. 8d) Page 15 (g) Each certificate of registration under this subdivision shall prohibit engaging in the business of solicitor, peddler or transient merchant before 9:00 a.m. and after 8:00 p.m. daily, except for deliveries to a customer pursuant to a prior order for the goods or services. (h) All peddlers, solicitors and transient merchants required to register under this subdivision must carry with them, and produce upon request, their certificate of registration when engaged in the business of peddler, solicitor and transient merchant, and must wear some type of picture identification conspicuously showing their name and the permitted organization. Sec. 8-574. Application review and license issuance. (a) Upon receipt of the application and payment of any required license fee, City will determine if the application is complete. An application will be considered complete if all required information is provided. If the City determines that the application is incomplete, the City must inform the applicant of the required, necessary information that is missing. If the application is complete, the City must order any investigation, including criminal background checks, necessary to verify the information provided with the application. Within fifteen (15) days of receiving a complete application the City will issue the license unless grounds exist for denying the license application under Sec. 8-575. (b) A license granted under this subdivision shall be valid for one year. (c) No license issued under this subdivision shall be transferred to any other person other than the person to whom the license was issued. Sec. 8-575. Termination of registration. Certificates of registration issued under the provisions of this subdivision may be terminated by the city manager after notice and hearing in the manner provided for the revocation of permits, pursuant to this article for any of the following causes: (1) Fraud, misrepresentation or incorrect statement contained in the registrant's application. (2) Fraud or misrepresentation made in the course of carrying on the business of solicitor, peddler or transient merchant. (3) Any violation of this subdivision. (4) Conviction of any crime or misdemeanor. (5) Conducting the business of peddler, solicitor or transient merchant in an unlawful manner, or in such a manner as to constitute a breach of peace, or to constitute a menace to the health, safety or general welfare of the public. Sec. 8-575. Denial of license (a) The following shall be grounds for denying a peddler or solicitor license: CC Meeting of April 5, 2010 (Item No. 8d) Page 16 (1) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (2) The failure of an applicant to sign the license application. (3) The failure of an applicant to pay the required fee at the time of application. (4) A conviction with the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (5) The revocation with the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. (6) Evidence of a bad business reputation of the applicant, or organization represented by the applicant, including, but not limited to, the existence of more than three (3) complaints against an applicant, or organization represented by the applicant, with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant, or organization represented by the applicant, within the preceding five (5) years. (7) Other good cause. (b) If the City denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant’s right to appeal the denial by requesting, within ten (10) days of receiving notice of denial, a hearing before the City Manager. The City Manager or designee shall hear the appeal within fifteen (15) days of the date of the request for a hearing. The decision of the City Manager or designee shall be final and binding on all parties concerned. Sec. 8-576. Prohibition by placarding. Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied by the city resident may place upon or near the usual entrance to such premises a printed placard or sign bearing the following words: "Peddlers and Solicitors Prohibited," or similar language. Such placard shall be at least three inches long and three inches wide, and the printing on such placard shall not be smaller than 48-point type. No peddler, solicitor or transient merchant shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed and maintained. Sec. 8-576. Identification badges. At the same time the license is issued, the Chief of Police or designee shall issue to each licensee a badge, which shall be worn by the licensee in such a way as to be conspicuous at all times while the licensee is conducting business in the city. The identification badge shall include the licensee’s photograph, name, license number, company name, and the license expiration date. CC Meeting of April 5, 2010 (Item No. 8d) Page 17 Sec. 8-577. Defacing of placard. No person, other than the person occupying such premises, shall remove or deface a placard which is placed as set forth in section 8-576. Sec. 8-577. License suspension or revocation. (a) Any license issued under this subdivision may be immediately suspended or revoked by the City for good cause, including, but not limited to, the following: (1) Engaging in any activity prohibited by Section 8-578. (2) Violating Section 8- 575 or any other provision of the City Code. (3) Conducting the licensed activity in such a manner as to create a public nuisance, constitute breach of peace or endanger the health, safety, or general welfare of the public. (4) Other good cause. (b) Notice of a suspension or revocation shall be provided in writing and delivered to the licensee in person or by mail to the permanent residential address provided on the license application and shall set forth specifically the grounds for the Chief of Police or designee’s decision to suspend or revoke the license and inform the licensee of his or her right to appeal the decision to the City Manager in writing within fifteen (15) days following the service of the notice. The license remains suspended or revoked during the appeal process. A hearing shall be conducted by the City Manager or designee within fifteen (15) days from the date of receipt of the appellant’s written appeal. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the service of the revocation notice. The decision of the City Manager or designee on the appeal shall be final and binding on all parties concerned. Sec. 8-578. Activities prohibited. No peddler, solicitor, canvasser, or transient merchant shall conduct business in any of the following manners: (1) Call attention to business or goods by crying out, blowing a horn, ringing a bell, or making any loud or unusual noise. (2) Furnish false information, or failing to furnish information as required for registration under this subdivision. (3) Sell merchandise which is not of merchantable quality or is not fit for the purpose for which the seller knows or has reason to know the merchandise is being purchased. (4) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (5) Conducting business in a way as to create a threat to the health, safety, or welfare of any specific individual or the general public. (6) Conducting business before 9:00 am or after 8:00 pm. (7) Failing to provide proof of license, registration or identification when requested. CC Meeting of April 5, 2010 (Item No. 8d) Page 18 (8) Using the license or registration of another person. (9) Making false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the City solely based on the City having issued a license or registration to that person. (10) Remaining on the property of another person after being requested to leave. (11) Otherwise operating the business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. Sec. 8-579. Transferability. A registration under this subdivision cannot be transferred. Each person required to register under this subdivision must register separately. Sec. 8-579. Entry upon premises unlawful. It shall be unlawful for any person while conducting the business of a peddler or solicitor to entered upon any premises in the City where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words “No Peddlers,” “No Solicitors,” or words of similar import. Section 7. Section 8, Division 3, Subdivision II of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-214. Insurance. (a) Except as otherwise required in this Code, applicants and licensees shall maintain comprehensive general liability insurance provided by an insurance carrier authorized to do business in the state. The amount of such insurance rates shall be set by ordinance by the City Council and listed in appendix A to this Code. Such insurance shall remain effective for the term of the license. (b) The license applicant shall deliver to the city a certificate of insurance, which provides that the insurance may not be canceled by the insurer, except upon thirty (30) days' prior written notice to the city. If such insurance is terminated or not renewed with another policy conforming to the requirements of this section, the license shall be automatically suspended until the insurance has been replaced and a new certificate of insurance is filed with the city. (c) The licensee is responsible to provide the city with a current certificate of insurance if the policy is renewed during the term of the license Section 8. Section 8, Division 3, Subdivision IV of the St. Louis Park Code of Ordinances relating to Food and Beverage Establishments is amended to read by adding the underlined language and deleting the strikethrough language: CC Meeting of April 5, 2010 (Item No. 8d) Page 19 Sec. 8-256. License required. (a) It shall be unlawful for any person to operate a food or beverage establishment, mobile food vehicle or food vending machine without obtaining a license from the city. (b) One license may be issued to a single applicant for multiple food establishments within a single building or establishment when the owner of all food establishments is the same or multiple mobile food vehicles. (c) Each food vending machine must have a valid city-issued license decal affixed in a visible location. Sec. 8-257. Classification of food and beverage establishments and food vending machines. The city will classify each food and beverage establishment, mobile food vehicle, and food vending machine based on the use occurring, in accordance with the food code, into one of the following categories before a license is issued: (1) Class H plus--Multiple use license permitting three or more uses of any risk class to operate. (2) Class H--High risk use license permitting up to two high risk uses or a single high risk use with a single low or medium risk use. (3) Class M--Medium risk use license permitting a single medium risk use. (4) Class L--Low risk use license permitting a single low risk use. (5) Class V--Food vending machines. (6) Class S--Seasonal concession with low or medium risk. (7) Class E--Multi-site educational facilities – Educational facility with multiple locations within the city. (8) Catering Vehicle Decal Mobile Food Vehicle - Each vehicle used to transport food from a licensed food facility must have a valid city issued decal. Exception – A mobile food vehicle license shall not be required for any mobile food vehicle operated by a food and beverage establishment licensed by the City or that has a valid state issued commissary or catering food license CC Meeting of April 5, 2010 (Item No. 8d) Page 20 Sec. 8-258. Regulations and standards. All food and beverage establishments and food vending machines licensed under this subdivision shall comply with the city's food code as set forth in section 12-1 of this Code. (a) All food and beverage establishments, mobile food vehicle, and food vending machines licensed under this subdivision shall comply with the city’s food code as set forth in section 12-1 of this Code. Section 9. Chapter 12, Article I of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 12-1. Environmental and public health regulations adopted by reference. (a) Air quality environmental emissions. The city adopts and incorporates by reference the air emissions standards adopted by the air quality division of the state pollution control agency as Minn. Minnesota Rules Chapters 7011 and 7023, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection and use by the public. (b) Food code. The city adopts and incorporates by reference the food code adopted by the state department of health and set forth in Minnesota Statutes Chapters 157 and 327 and Minn.Minnesota Rules Chapter 4626 for Food, Beverage, Lodging and Food Manager Certification, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. (1) Permit required. A permit is required for installation of food and beverage equipment regulated within the food code. The applicant shall complete an application and submit detailed plans and specifications of proposed equipment for review by the city. (2) Fees. Permit fees shall be according to the official city fee schedule, set forth in appendix A, as approved and revised by the city council resolution. Fees must be paid prior to a permit being issued. (3) Permit term. Permits will expire if the work is not completed and approved within 180 days of issuance. (4) Grease traps. Each food establishment with potential for grease to enter building plumbing and city sanitary sewer systems must install and maintain grease trap(s) in accordance with Minnesota Plumbing Code (c) Public swimming pools. The city adopts and incorporates by reference the rules establishing operation and maintenance, design, installation and construction standards for public CC Meeting of April 5, 2010 (Item No. 8d) Page 21 pools and facilities related to them adopted by the state department of health as Minnesota Statutes Section 1441.1222 and Minn. Minnesota Rules Chapter 4717 4717.0150 to 4717.3970, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. (1) Permit required. A permit is required for installation of swimming pools, hot tubs and spas. The applicant shall complete an application and submit detailed plans and specifications of the proposed pool and related equipment for review by the city. (2) Fees. Permit fees shall be according to the official city fee schedule, set forth in appendix A, as approved and revised by city council resolution. Fees must be paid prior to a permit being issued. (3) Permit term. Permits will expire if the work is not completed and approved within 180 days of issuance. (d) Lodging establishments. The city adopts and incorporates by reference the rules regulating lodging establishments adopted by the state department of health as Minn. Minnesota Rules 4625.0400--4625.2355 4625.0100 to 4625.2300, as amended. One copy of the regulations shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. Section 10. This Ordinance shall take effect fifteen days after its publication, except for the provisions relating to Massage Therapist Licenses which shall be effective July 1, 2010. Reviewed for Administration: Adopted by the City Council April 5, 2010 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney CC Meeting of April 5, 2010 (Item No. 8d) Page 22 SUMMARY ORDINANCE NO. _____-10 ORDINANCE RELATING TO BUSINESS LICENSES, AMENDING REGULATIONS RELATING TO INSPECTION FEES, MASSAGE THERAPY, PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, AND FOOD AND BEVERAGE ESTABLISHMENTS This ordinance amends City of St. Louis Park Ordinance Sections 8-33, 8-193, 8-214, 8-256-258, 8-296-305, 8-571 – 8-579, and 12- 1 of the Business and Contractor and Environmental and Public Health Regulations. This ordinance shall take effect 15 days after publication except for Sections 8- 300-305 which will take effect July 1, 2010. Adopted by the City Council April 5, 2010 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in the St. Louis Park Sailor: April 14, 2010 Meeting Date: April 5, 2010 Agenda Item #: 8e 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: Second Reading of Compost Ordinance revision. RECOMMENDED ACTION: Motion to Adopt Second Reading of Ordinance approving Compost Revisions, Section 22-121, Chapter 22 (Solid Waste Management) of the City Code. POLICY CONSIDERATION: Does the Council agree with the proposed revisions to the City’s composting ordinance? BACKGROUND: History On February 22, 2010, staff provided a written Study Session report updating Council on the existing compost ordinance provisions and the changes being proposed to the compost ordinance. The current compost ordinance allows for composting of only yard waste items. The proposed revision is to accomplish the following: to modify the language to include more definitions, to update the language based on current best practices, to better define conditions of composting, and to add items (e.g. kitchen scraps) that can be composted. A notice was published in the Sun Sailor on March 4, 2010 informing interested persons of the City’s intent to consider ordinance revisions. If approved as proposed herein, the revisions will become effective April 30, 2010. At the March 15, 2010 Council meeting, a public hearing was held for 1st reading of the revised Compost Ordinance. There were not any comments or testimony offered by the public. The Council did question why the composting ordinance didn’t allow for composting at residential units with a density greater than 4-plex units. Expand Composting to all Residential Properties In response to the question raised by Council at the March 15, 2010 meeting, if composting should be allowed on all residential properties, staff contacted some surrounding cities to determine if they allow composting on multi-family properties with a density greater than 4-plex. Both Minneapolis and Edina advised against allowing composting on high density residential properties for the following reasons: residents living in high density residential units typically don’t do the yard maintenance and therefore don’t have the yard waste material to compost; if residents are non-owners, they are less likely to provide proper ongoing maintenance of compost material; and if residents are non-owners, they may not have the right to determine where compost material can be CC Meeting of April 5, 2010 (Item No. 8e) Page 2 placed on the property. While Edina spoke against allowing composting on high density properties, their compost ordinance only restricts the size of the container and does not have any restrictions based on residential density. Eden Prairie does allow composting on all residential properties; however, their staff is not aware of any high density residential properties that are actually composting. Staff discussed this matter with the City Attorney, and the City Attorney advised that more review and significant ordinance revisions would be required to provide for composting on high density residential properties. Staff is recommending the Council approve the change to the Ordinance as originally presented allowing changes to take place for the vast majority of residents currently composting. In the future should staff or Council determine composting on high density residential properties is desired, staff will bring this item back to Council for further consideration. Public Comment Staff received a call and email from a resident who currently does backyard composting and is in support of the ordinance change. This resident requested her comments be incorporated into the public record. Attached is a copy of the email received from the resident supporting the ordinance change. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: The activities above support or complement the following Strategic Direction adopted by the City Council: • Educating staff/public on environmental consciousness, stewardship, and best practices. • Working in areas such as … environmental innovations. Attachments: Ordinance Ordinance Summary Resident email letter of support Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Mike Rardin, Public Works Director Approved by: Nancy Gohman, Deputy City Manager/HR Director CC Meeting of April 5, 2010 (Item No. 8e) Page 3 ORDINANCE NO. ______-10 ORDINANCE APPROVING COMPOSTING REVISIONS THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. The St. Louis Park Ordinance Code, Chapter 22 is hereby amended as follows: Article III. Residential Composting Sec. 22-121. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Back Yard means the area between the rear lot and the rear face of the residential property. Browns are carbon-rich materials such as dried grasses or leaves, straw, twigs, or dead plants. Compost is partially decomposed organic matter. It is dark, easily crumbles, and has an earthy aroma. It is created by biological processes in which soil-inhabiting organisms break down plant tissue. When decomposition is complete, compost has turned to a dark brown, powdery material called humus. Compost Structure is an enclosed container made of durable material such as wood, plastic or fiberglass, enclosed on the top and sides. Composting is the process of creating compost. It is a method of speeding natural decomposition under controlled conditions. Greens are nitrogen-rich materials like green leaves, coffee grounds, tea bags, plant trimmings, and raw fruit and vegetable scraps. Inorganic Material is derived from non-living material. Organic Material is derived from or produced through the biological activity of living things. Residential Property means a residential dwelling with four or fewer dwelling units. Yard waste means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. (Ord. No. 2249, § 1, 9-2-2003) Sec. 22-122. Permits. No Permit is required to compost or to install a compost structure on the residential property. CC Meeting of April 5, 2010 (Item No. 8e) Page 4 Sec. 22-123. Duties of Owner, Occupant or Tenant. Every owner, occupant or tenant of any premises who composts shall do so in a sanitary and environmentally sound manner, shall use a compost structure that meets the design standards described in this section, and shall meet all other standards set forth in this ordinance. Composting shall be allowed only on residential property. (Ord. No. 2249, § 1, 9-2-2003) Sec. 22-124. Conditions of Composting Composting is allowed on residential properties provided the following conditions are met: (a) Allowable Materials Only the following materials may be placed in a compost structure: leaves, grass clippings, straw, non-woody and woody plant trimmings, untreated/unpainted sawdust, raw fruit and vegetables scraps, dry eggshells, tea bags, coffee grounds, or additional materials approved by the City. (b) Unacceptable Materials Under no circumstances shall any of the following items be placed in a compost structure: meat, bones, grease, eggs, dairy products, whole or partial animals, feces, or inorganic materials such as rock, plastics, or synthetic fibers. (c) Compost Structure Compost shall be contained in a structure. Compost structures shall be designed to limit odors as well as rodent and pest access. Compost structures shall be made of impenetrable, and durable material such as wood, plastic or fiberglass, enclosed on the top and sides, and not to exceed a total of 150 cubic feet in volume that provide adequate aeration. Wire structures, metal fencing or other open mesh materials shall not be used for composting. (d) Location on Property Compost structures shall be located in the back yard. Compost structures shall be located at least 15 feet from any inhabited building or edge of a surface water body, 3 feet from any City park, trail, alley or right-of-way. (e) Maintenance Compost shall be properly maintained at all times to minimize odors and to promote effective decomposition of the materials in a safe, secure and sanitary manner. Properly maintaining the compost pile includes regularly turning the pile to increase air circulation, maintaining appropriate moisture levels and keeping the ratio of ingredients to approximately two parts green to one part brown. (Ord. No. 2249, § 1, 9-2-2003) CC Meeting of April 5, 2010 (Item No. 8e) Page 5 Sec. 22-125. Nuisance. All compost structures or materials not in compliance with this section shall be declared a public nuisance and are subject to abatement and assessment as provided in Chapter 12 of this Code. (Ord. No. 2249, § 1, 9-2-2003) Sec. 22-126. Application to City Owned or Operated Compost Facilities. This Article does not apply to any compost facility or community garden owned or operated by the City. (Ord. No. 2249, § 1, 9-2-2003) Section 2. This ordinance shall take effect 15 days after its publication. First Reading March 15, 200 Second Reading April 5, 2010 Date of Publication April 15, 2010 Date Ordinance takes effect April 30, 2010 Reviewed for Administration: Adopted by the City Council April 5, 2010 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney CC Meeting of April 5, 2010 (Item No. 8e) Page 6 SUMMARY ORDINANCE NO. _____-10 ORDINANCE APPROVING COMPOSTING REVISIONS This ordinance amends City of St. Louis Park Ordinance Sections 22-121, Chapter 22 of the Solid Waster Management. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 5, 2010 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in the St. Louis Park Sailor: April 14, 2010 CC Meeting of April 5, 2010 (Item No. 8e) Page 7 PUBLIC COMMENT From: Lisa Genis (resident of St. Louis Park) Sent: Monday, March 22, 2010 5:46 PM To: Scott Merkley Subject: Comment Regarding Revision of Composting Ordinance Scott, As I was unable to attend the recent City Council meeting, I am writing to voice my support for the proposed change in the ordinance regarding back yard composting. I am pleased that the changes will allow St Louis Park residents to compost organic kitchen waste as well as yard waste. Considering that compostable waste makes up about one quarter of the trash that currently ends up in landfills and is a factor behind greenhouse gas production, this change will be step in the right direction towards better environmental stewardship in our city. I have been composting since I moved back to St Louis Park seventeen years ago will happily continue to do so under the new changes. Thank you for all of your efforts in making this change happen. Sincerely, Lisa Genis St. Louis, Park, MN