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HomeMy WebLinkAbout2010/10/04 - ADMIN - Agenda Packets - City Council - Regular AGENDA OCTOBER 4, 2010 6:30 p.m. SPECIAL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Formation of a Convention and Visitors Bureau 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Daniel Kubes Retirement Recognition Resolution 2b. 2010 Evergreen Awards 3. Approval of Minutes 3a. Study Session Meeting Minutes of September 13, 2010 3b. Special City Council Meeting Minutes of September 13, 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 Gregg Lindberg as a commissioner to the Community Education Advisory Council (CEAC) to fill the position vacated by Bob Malooly who has resigned. If appointed, Mr. Lindberg will serve the remainder of the term through June 30, 2012. 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provisional License. Meeting of October 4, 2010 Special Study Session and City Council Agenda Recommended Action: Motion to adopt First Reading of Ordinance amending Section 8-33 --- Fees, and Section 8-333 --- Provisional License and set Second Reading for October 18, 2010. 8b. First Reading - Gambling Ordinance Amendments. Recommended Action: 1. Motion to approve first reading of ordinance amendment to Chapter 15, Section 15-9 of City Code concerning charitable gambling regulations of increasing the local gambling tax to 1.25% and to set second reading for October 18, 2010. 2. Motion to approve first reading of ordinance amendment to Chapter 15 Section 15-8 requiring organizations to contribute to a 10% Contribution Fund, and to set second reading for October 18, 2010. 9. Communication Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of October 4, 2010 Special Study Session and City Council Agenda 4. CONSENT CALENDAR 4a. Adopt a Resolution appointing student election judges and additional regular election judges needed to staff the polls at the General Election to be held November 2, 2010. 4b. Adopt the following Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager: • Resolution imposing civil penalty for liquor license violation on August 24, 2010 at Taste of India, 5617 Wayzata Blvd. • Resolution imposing civil penalty for liquor license violation on August 24, 2010 at TGI Friday’s, 5875 Wayzata Blvd. • Resolution imposing civil penalty for liquor license violation on August 24, 2010 at Crave, 1603 West End Blvd. • Resolution imposing civil penalty for liquor license violation on August 26, 2010 at Trader Joe’s, 4500 Excelsior Blvd. • Resolution imposing civil penalty for liquor license violation on August 27, 2010 at Vescio’s Cucina, 4001 State Highway 7. 4c. Adopt Second Reading of Ordinance adopting fees for 2011 as outlined in Appendix A of the City Code of Ordinances, approve summary, and authorize publication. 4d. Adopt Resolution to recognize Police Sergeant Dan Kubes’ retirement after 27 years of service to the City of St. Louis Park. 4e. Approval of Filing of Vendor Claims St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting Date: October 4, 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: TITLE: Formation of a Convention and Visitors Bureau. RECOMMENDED ACTION: No formal action is required at this time. Staff wishes to provide an update on the public process undertaken to date, explain the necessary steps to formally create a Convention and Visitors Bureau, obtain feedback on draft CVB documents, and answer any questions relating to the formation of the organization. POLICY CONSIDERATION: Does the City Council wish to proceed with the formal creation of a Convention and Visitors Bureau to serve St. Louis Park? BACKGROUND: On September 29, 2009 staff provided the City Council with information regarding its investigation into the formation of a convention & visitors bureau (CVB) to further promote St. Louis Park within the Twin Cities region and beyond as a meeting and tourism destination. It was explained that in order for such an organization to be financially viable it would require approval of a local lodging tax of up to 3%. The creation of such a lodging tax is allowed by state statute. The City Council then directed staff to continue its exploration of the concept. Subsequently, staff along with the TwinWest Chamber of Commerce President met with local hoteliers and informed them of the exploration of a CVB and discussed with them the benefits and concerns they had with forming such an organization. Staff also held focus groups with other potential partners in the community which included businesses, the school district, and recreation groups to solicit their feedback. The tone and comments from these meetings was such that further exploration ensued. Staff then prepared a Concept Plan which more clearly expressed the need for a CVB, what might be its mission and marketing focus, as well as how such an organization could be structured and funded. This Concept Plan was presented to five of the six local hoteliers and they were asked to review and comment. Staff also discussed the CVB concept with the St. Louis Park Business Council and the TwinWest Chamber of Commerce Board of Directors. Staff then followed up again with the area hoteliers to obtain their feedback. On June 7, 2010 staff provided the City Council with updated information regarding the formation of a convention & visitors bureau and reviewed the draft Concept Plan. The Council consensus and direction was to proceed with the formation of a convention and visitors bureau for St. Louis Park. Special Study Session Meeting of October 4, 2010 (Item No. 1) Page 2 Subject: Formation of a Convention and Visitors Bureau Staff subsequently conducted additional research on CVBs and met with or talked to CVB representatives from Eagan, Roseville, Des Moines, IA., and Grapevine, TX, as well as Explore Minnesota Tourism. In addition, a meeting was held with local hoteliers on September 9th in which they were asked to provide feedback on the draft Marketing Plan for the proposed CVB. On September 28th a meeting was held with community stakeholders (local hoteliers, Parktacular, Park Nicollet, SLP Schools, TwinWest Chamber representatives, area businesspeople etc.- organizations whose businesses or events might likely benefit from and/or utilize the services of a CVB) as a means to inform them on the status of the proposed CVB, to receive feedback, and to respond to questions or concerns. The meeting went well and no opposition was expressed to the formation of a CVB or the adoption of a lodging tax. Formal Next Steps As noted in the staff report of September 27th a consultant was recently retained to conduct additional background research and begin the task of drafting the necessary documents needed to formally create a CVB. These documents have been prepared so as to provide stakeholders with an understanding as to how the proposed St. Louis Park CVB might be structured. The most important documents (Articles of Incorporation, Bylaws, Operating Agreement and Lodging Tax Ordinance) have been subject to review and revision by the City Attorney and are summarized below. Drafts of these documents are attached for City Council review and comment. Articles of Incorporation This document formally names the entity, its location, and its purpose. This document is the legal record of how the organization is to be managed. The general nature of the proposed corporation and its purposes are as follows:   • To professionally promote tourism, meetings, conventions, and special events in the City of St. Louis Park and to provide vigorous marketing programs designed to effectively stimulate increased economic activity in this area. • To strengthen our community’s businesses and organizations, further the city’s identity, and stimulate regional prosperity; • To acquire, preserve and distribute educational, civic, social, commercial and economic statistics and information of value;   • Its plan of operation shall be to serve as an administrator of funds collected from city lodging taxes and to conform and adhere to uniform financial accounting and reporting provisions and other requirements set forth in applicable state statutes, as well as any and all requirements set forth in ordinances within the City. Three individuals need to be identified initially to serve as founders of the organization and sign the proposed Articles of Incorporation. It is suggested that these individuals include: the Mayor, City Manager and a representative of the TwinWest Chamber of Commerce. Special Study Session Meeting of October 4, 2010 (Item No. 1) Page 3 Subject: Formation of a Convention and Visitors Bureau It is necessary to write and file the Articles of Incorporation prior to applying for tax-exempt status from the Internal Revenue Service (IRS). The IRS requires specific language to be used describing the charitable purpose of the organization, and the requirements it must follow for exemption. The main purpose of incorporating an organization is that of risk management. Filing articles of incorporation with the Minnesota Secretary of State’s Office provides a limited liability for the governing body of the organization. Incorporating an organization also provides stability during personnel changes, eases future relationships with funders, contractors and employees, and provides the means to apply for tax-exempt status through the IRS. To formally incorporate, the Articles of Incorporation need to be submitted to the Secretary of State along with a completed application and a $70 filing fee. Bylaws The bylaws serve as the rule book for the organization. Section 317A of the Minnesota Statutes is the basis for Minnesota’s nonprofit law, and the proposed organization’s bylaws conform to this statute. The proposed bylaws are flexible and relatively easy to amend as the organization develops. The specific purposes of the Corporation include, but are not limited to: • Promote St. Louis Park, Minnesota as a destination by attracting meetings, conventions, tourism, and special events. • Contribute and support the economic well-being and identity of the City of St. Louis Park. • Provide leadership with community and business partners to provide an outstanding visitor experience. The proposed bylaws provide for the size of the Board of Directors (no fewer than 9 and no more than 15 members), the composition of the Board, their qualifications, meeting requirements, officers, standing committees, finances, and how to address conflicts of interest. As you will note in the Bylaws, the City is proposed to have two members on the CVB board made up of the Mayor and City Manager. Operating Agreement The Operating Agreement delineates the initial working relationship between the CVB and the City. It specifies the responsibilities and services to be rendered by both parties particularly during the CVB’s first year of operation. Lodging Tax Ordinance Minn State. 469.190, Subd. 1 authorizes local governments the ability to adopt an ordinance imposing a tax of up to three percent (3%) of the gross receipts of lodging at a hotel, motel, rooming house, tourist court or resort. The proposed ordinance provides for a 3% lodging tax. Special Study Session Meeting of October 4, 2010 (Item No. 1) Page 4 Subject: Formation of a Convention and Visitors Bureau Pursuant to State Statute, ninety-five percent of the gross proceeds from any lodging tax must be used to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention destination. According to the opinion of the Minnesota Attorney General, the tax proceeds collected are limited to expenditures for advertising or similar types of marketing or promotion of the City as a tourist or convention center that enhances the attractiveness of the community. At the point the City Council is comfortable with the direction of the proposed CVB, an ordinance creating a lodging tax will be brought to the City Council for its consideration. The ordinance will require two readings. The City Council will also be asked to formally approve the Operating Agreement between the CVB and the City. The Operating Agreement would then be submitted to the CVB’s new Board of Directors for formal approval as well. FINANCIAL OR BUDGET CONSIDERATION: The formation of a convention and visitors bureau would require approval by the City Council and a lodging tax of up to 3% to serve as the organization’s primary revenue source. The City would likely provide some upfront funding and in-kind services during approximately the first half of the year to cover some of the proposed organization’s initial start-up costs. Such funding would derive from the Development Fund. The bulk of these expenses would then be paid back as the room tax revenue is collected. Under state statute, the City may retain up to 5% of the lodging tax revenue for administrative expenses. Ultimately, the goal is to have the CVB wean itself from the bulk of City services and operate independently. Based on a conservative estimate of revenues from a 3% lodging tax, the first year budget for the CVB is proposed to be approximately $565,000. Attached is a draft of a budget for the CVB based on this estimate. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. The intent behind the formation of a CVB is that it would strengthen awareness of St. Louis Park as a convention and visitor destination and stimulate additional economic activity within the community. Attachments: Concept Plan Articles of Incorporation Bylaws Operating Agreement Lodging Tax Ordinance Draft Annual Budget Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager and EDA Executive Director Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 5 22 What is a Convention & Visitor Bureau? Convention and visitor bureaus (CVBs) are not-for-profit destination marketing organizations which provide a variety of helpful services to the traveling public, meeting/convention planners as well as local businesses and organizations. CVBs are usually membership organizations consisting of hospitality related businesses and related entities that rely on tourism and meetings for revenue. The fundamental mission of a convention and visitor bureau is the promotion of a destination through the gen- eration of visits from tourists, and business travelers as well as the attraction of meetings and conventions which then generate overnight lodging for a destination, visits to restaurants, and shopping revenues thus furthering a community’s economic development. Convention and visitor bureaus are directly responsible for marketing the destination brand through travel and tourism “product awareness” to visitors. Services Typically, a convention and visitors bureau provides information about a destination’s lodging, dining, at- tractions, events, museums, arts and culture, history and recreation. The organization works with tourists and meeting/convention planners to provide valuable information on their local area. Their goal is to help make a visitor’s trip or a conference attendees’ meeting a more enjoyable and rewarding experience. They work closely with conference facilities that will offer large spaces for larger meetings, trade shows, and conventions than can be accommodated in area hotels. Usually, CVBs have a local office where one can find maps, brochures, travel professionals, local insight, visitors guides, souvenirs and more. For visitors, CVBs are like a key to the city. As an unbiased resource, CVBs serve as a broker or an official point of contact for convention and meeting planners, tour operators and visitors. They assist planners with meeting preparation and encourage business travelers and visitors alike to patronize various hospitality related businesses and visit various local cultural, historic, and recreational sites. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 6 3 Background In 2009, the St. Louis Park City Council asked City staff to explore the viability of a convention and visitors bu- reau for St. Louis Park given the increasing number of hotel rooms and other amenities within the city. The City partnered with the TwinWest Chamber of Commerce as it began this process, met with each St. Louis Park hotelier, and held focus groups with other community partners, including business, recreation, and educa- tional institutions. While each stakeholder group had its own observations and questions, several things became clear: • St. Louis Park has unrealized market potential for increasing its annual number of business and leisure visits, thereby generating additional economic activity within the community. • St. Louis Park has a sufficient number of hotel rooms, meeting spaces, restaurants, and community amenities to a commodate such travelers; • St. Louis Park could benefit greatly from community marketing efforts and the services that a convention and visitors bureau could provide; • St. Louis Park could likely financially support a convention and visitors bureau; and • St. Louis Park is a destination that should be marketed for all it has to offer. Although the City began introducing coordinated marketing efforts into its general operations through the cre- ation of a communications division approximately three years ago, this division is tasked with marketing the City’s services, programs, initiatives and goals to residents, business owners and the Twin Cities at large. The City’s role is not to engage in the promotion and marketing of private business, which should be the role of a convention and visitors bureau. What Makes St. Louis Park a Destination? Location St. Louis Park offers a central location within the inner ring of the Twin Cities that is both safe and convenient. Located immediately west of Minneapolis, the city is less than 5 miles from downtown and 15 miles from Min- neapolis/St. Paul International Airport (MSP). From St. Louis Park the traveling public can enjoy direct access to I-394, US169, SH7, SH100 as well as close proximity to SH62. Given its ease of access, meeting and event plan- ners are increasingly seeing St. Louis Park as a desirable hub for functions and overnight stays. Within the next few years, getting to and from St. Louis Park will be even easier when the Southwest Light Rail Transit (SWLRT) opens three stations in the city providing direct access to downtown Minneapolis. These stations will be located in proximity to Highway 25 & Belt Line Blvd, Highway 7 & Wooddale Ave, and Louisiana Ave & Oxford St. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 7 44 Amenities As a result of its pivotal location, St. Louis Park is a convenient place to hold an event and is home to one of the largest offerings of hotel rooms outside of Minneapolis and St. Paul. St. Louis Park augments these offerings with a growing and unique mix of amenities. The following list is representational and not all inclusive. Hospitality Local Hotels Rooms • Double Tree 297 • Minneapolis Marriott West 195 • Spring Hill Suites 126 • Homewood Suites 124 • Towne Place Suites 106 • Lakeland Inn 24 Subtotal 872 Planned Hotels Rooms • Marriott Courtyard 162 Subtotal 162 Total 1,034 Travelers Assistance • American Automobile Association (AAA), St. Louis Park Shopping Venues Local Restaurants Shops/Services • The West End 9 15 • Knollwood Mall 6 29 • Excelsior and Grand 4 12 • TexaTonka 6 10 • Costco/Home Depot 7 8 • Byerlys/Target • Excelsior Boulevard • NordicWare Factory Outlet Immediate Area • Ridgedale Shopping Center • Southdale Shopping Center • Galleria Shopping Center • Uptown • 50th & France • Downtown Minneapolis • Mall of America • Eden Prairie Center Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 8 5 Restaurants A wide variety of dining choices from comfortable elegance to fast food, from American to various ethnicities are available throughout St. Louis Park and in close proximity. Within the last few years, St. Louis Park has greatly expanded its restaurant offerings and has become a dining destination within the Twin Cities. Entertainment Local • Kerasotes ShowPlace Theatres - state-of-the-art 14 screen movie complex • St. Louis Park High School • St. Louis Park Library • Wolfe Park Veterans’ Memorial Amphitheater • Roller Garden Skating Center • Park Tavern • TexaTonka Lanes Immediate Area • Guthrie Theater, Minneapolis • Orchestra Hall, Minneapolis • Ordway Center for the Performing Arts, St. Paul • Northrop Auditorium, Minneapolis • Target Center, Minneapolis • Xcel Energy Center, St. Paul • Orpheum Theater, Minneapolis • Children’s Theater, Minneapolis • State Theater, Minneapolis • The Dakota, Minneapolis • First Avenue, Minneapolis • Famous Dave’s, Uptown Minneapolis • Lake Harriett Band Shell, Minneapolis • Target Field, Minneapolis • Midway Stadium, St. Paul • HHH Metro Dome, Minneapolis • Minneapolis Convention Center • Mall of America, Bloomington • Minnesota Zoo, Apple Valley • Como Zoo, St. Paul • ValleyFair, Shakopee • Canterbury Park, Shakopee • Chanhassen Dinner Theatre, Chanhassen • Plymouth Playhouse, Plymouth • Old Log Theater, Excelsior • International Market Square, Minneapolis Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 9 66 Museums/Historical Places Local • Pavek Museum of Broadcasting • Historic Milwaukee Rd Depot, Jorvig Park, St. Louis Park • Jewish Historical Society of the Upper Midwest • Eruv Immediate Area • General Mills Betty Crocker Kitchens, Golden Valley • The Works Technology Discovery Center, Edina • Walker Art Center, Minneapolis • Minneapolis Institute of Arts, Minneapolis • Mill City Museum, Minneapolis • The Bakken Museum, Minneapolis • Minnesota Historical Society, St. Paul • Science Museum of Minnesota, St. Paul • Minnesota Children’s Museum, St. Paul • Historic Fort Snelling, St. Paul Recreational Facilities Local • Westwood Nature Center (160- acre nature preserve) • 24 miles of biking/hiking trails that connects from Chaska to downtown Minneapolis • 52 city parks (including two off-leash dog parks) • 5 Park Pavilions • 6 Park Picnic Shelters • The Rec Center (2 indoor ice arenas, outdoor Aquatic Park & Skateboard Park) • Jewish Community Center • Oak Hill Splash Pad • Skippy Field baseball complex • Bally Total Fitness • LA Fitness • Lifetime Fitness • St. Louis Park school facilities • Minneapolis Golf Club, St. Louis Park • Minikahda Club, border of St. Louis Park & Minneapolis • Meadowbrook Golf Course, border of St. Louis Park & Edina • Interlachen Country Club, Edina • Edina Country Club, Edina • Brookview Golf Course, Golden Valley • Golden Valley Country Club, Golden Valley • Oak Ridge Country Club, Hopkins Immediate Area • Edinborough Park, Edina • Chain of Lakes, Minneapolis (including Cedar Lake, Lake Calhoun, Lake Harriet, and Lake of the Isles) • Three Rivers Park District • Hyland Park Reserve, Bloomington • MN Landscape Arboretum, Chanhassen • Water Park of America, Bloomington Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 10 7 Community Festivals and Events Local • Parktacular • Summer Concert Series • Jewish Humor Festival • July 4th Fireworks • Farmers Market on the Plaza • Various sports tournaments Immediate Area • Uptown Art Festival • Edina Art Fair • Aquatennial • Holidazzle • State Fair • Art a Whirl • Winter Carnival • Twin Cities Marathon Outdoor Public Art Local • Allegory of Excelsior, Excelsior & Grand • Aurora Organ, The West End • Bee Way, The West End • Family Celebration, Homewood Suites • Windtrace, Ellipse on Excelsior Plaza • Rhythm of Living, Hoigaard Village • W. 36th Street (various pieces) • Dream Elevator, Wooddale Pointe Plaza (to be constructed) Immediate Area • Various pieces on the grounds of General Mills Corporate Headquarters • Minneapolis Sculpture Garden • Various outdoor art pieces downtown Minneapolis Medical Facilities Local • Park Nicollet Clinic • Methodist Hospital • Frauenshuh Cancer Center • Melrose Institute • Health Partners Clinic West • The Emily Program • Davita Kidney Dialysis Center • St. Louis Park Dialysis • LifeScan Upright, MRI • Maternity Care Center • Minnesota Neurological Clinic Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 11 88 Office Facilities There is approximately 2.75 million square feet of office space within a mile of The West End area. An additional 1.1 million square feet of office space has been approved for development at The West End. International compa- nies and other major employers are located here and in close proximity. As a result of St. Louis Park’s location and facilities, it’s understandable why St. Louis Park is increasingly being seen as a desirable hub for overnight stays. Why should St. Louis Park create a Convention & Visitors Bureau? In addition to the above, when factoring in proximity to downtown Minneapolis (with its major league sports fa- cilities and world prominent theaters and museums) as well as other nearby shopping areas (including the Mall of America), it’s understandable why St. Louis Park is increasingly being seen as a desirable hub for overnight stays. Given all the amenities in St. Louis Park as well as nearby, St. Louis Park is a logical destination for business and leisure travelers. Yet St. Louis Park lacks a means for making the travelling public fully aware of all that it has to offer. Currently there is no organization charged with marketing the city and packaging its venues and amenities. Such activities do not coincide with the mission of the City of St. Louis Park or that of the TwinWest Chamber of Commerce. Nor are convention and visitors bureaus in nearby cities likely to promote St. Louis Park as a destina- tion beyond “overflow facilities”. Area businesses have indicated that they would appreciate the convenience of a local convention and visitors bureau and would utilize its services so as to direct their guests to places to stay, eat, shop, and recreate while in town. Local meeting, event, and sports tournament organizers have likewise expressed a need for event planning, visitor services and promotion. If a convention and visitors bureau were formed in St. Louis Park it could fill the above needs, drive additional travelers and visitors to St. Louis Park as well as generate additional economic activity within the city. According to the Minnesota Association of CVB’s every one dollar invested in tourism promotion brings $53 in gross sales, $20.40 in wages and $4.60 in state and local taxes Travel and tourism one of Minnesota’s economic engines and CVB’s are one of the key drivers. A CVB would likely generate substantial direct and indirect revenue for St. Louis Park through its marketing and sales efforts. What would be the purpose of a Convention & Visitors Bureau? The creation of a convention and visitors bureau would allow St. Louis Park to realize its market potential for attracting travelers, meetings and events. A convention and visitors bureau could specialize in developing conven- tions, meetings, conferences, tours, community events and visitations to St. Louis Park. A convention and visitors bureau would be charged with marketing St. Louis Park locally, regionally and nation- ally as a convenient travel destination within the Twin Cities and to provide exceptional customer service and detailed destination information to business and leisure travelers; area facilities; employers, as well as community organizations. It would handle all inquiries, requests, and correspondence in a prompt, courteous, and fair manner. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 12 9 Why not partner with other local bureaus? St. Louis Park is in a competitive marketplace with the cities of Minneapolis, St. Paul, Bloomington as well as northern suburbs; each offering a tourism bureau. If created, the St. Louis Park convention and visitors bureau would need to develop collaborative relationships with these and area tourism bureaus (Eagan, Minneapolis North, Burnsville, etc.) in the area. St. Louis Park offers one of the larger offerings of hotel rooms in the metro area and the community is ripe for promoting itself as a convenient destination hub in the region. How would a Convention & Visitors Bureau be Funded? Minn. Stat. §469.190, Subd. 1 authorizes the City Council the ability to adopt an ordinance imposing a tax of up to three percent (3%) on the gross receipts from lodging at a hotel, motel, or rooming house. The convention and visitors bureau would be expected to explore advertising opportunities, business member- ships, grants and other revenue opportunities to augment its budget. Twenty - four metro area communities collect a lodging tax and use the money effectively to promote their areas, bringing visitors and generating revenue for their communities. Expenditures Ninety-five percent of the gross proceeds from any lodging tax must be used to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention destination. According to the opinion of the Minnesota Attorney General, the tax proceeds collected are limited to expendi- tures for advertising or similar types of marketing or promotion of the City as a tourist or convention destination. How could a Convention & Visitors Bureau be managed? A board of directors would be appointed by the City of St. Louis Park, with representatives from TwinWest Chamber of Commerce, hotels, retailers, schools, and other businesses. The board would prepare bylaws, approve vision and mission statements, establish strategic and marketing plans, set operating policies, approve annual budgets, and hire a management staff. The bureau would likely be operated by a small staff headed by an execu- tive director. Who stands to benefit from a Convention & Visitors Bureau? A convention and visitors bureau could market St. Louis Park on behalf of a wide variety of businesses that serve the traveling public. These may include lodging providers, restaurants, local attractions, festivals, parks, muse- ums, services, retail stores, golf courses, area employers and community organizations. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 13 1010 Would the Convention and Visitors Bureau have a marketing strategy? A convention and visitors bureau, in cooperation and consultation with its community partners, could focus on: • promoting St. Louis Park as a leisure tourism destination; • developing St. Louis Park as a meetings and conventions destination; • stimulating economic growth in the community in collaboration with the EDA; • marketing all the amenities the community offers; and • providing exceptional customer service Leisure Tourism Studies show that in the leisure travel market, consumers are planning shorter, regional vacations to drive mar- kets, which bodes well for St. Louis Park. Ensuring that St. Louis Park is thought of as a great “destination hub within the TwinCities” will require innovative marketing efforts, such as direct advertising and marketing and dovetailing on the recent success and media coverage on the Shops at West End and Excelsior & Grand. Consid- eration should also be given to leveraging partnerships to boost regional marketing efforts with travel packaging – e.g., hotel stay, dinner and transportation to and/from a Twins or Vikings game, for example. Meetings and Conventions St. Louis Park has many facilities within the community that can service the meeting and small convention mar- kets, and a convention and visitors bureau could develop this untapped market an recruit groups to the community. Primary target market segments are state, regional and local business associations, medical, sports and recreation groups, and religious and multi-cultural organizations. St. Louis Park, with its close proximity to the Minneapolis Convention Center, could also be more thoroughly promoted as an auxiliary location for larger national conventions or events. Economic Growth A convention and visitors bureau could work with the city’s Economic Development Authority (EDA) to promote economic growth in the community. With the EDA fostering the development, redevelopment and revitalization of the business centers in St. Louis Park, while working to retain its base of existing businesses, the convention and visitors bureau could also augment efforts to recruit businesses that are complementary to the community. Marketing and Communications An effective convention and visitors bureau requires a strong marketing and communications plan. The conven- tion and visitors bureau would maximize its advertising dollars by actively pursuing national, regional and local media coverage through press releases, media and familiarization tours, and develop a strong internet and social media presence, as well as traditional print and broadcast media. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 14 11 Customer Service A convention and visitors bureau would ensure that visitors enjoy St. Louis Park to the fullest extent possible to stimulate return visits. It would focus on developing relationships with local, regional and national meeting plan- ners, including our large sports and recreation segment, in addition to servicing the individual tourist. As customer expectations require sophisticated services to maintain a competitive advantage in the marketplace, a convention and visitors bureau would need to deliver outstanding levels of personal assistance to all who utilize their services, from the large corporate meeting planner to the individual tourist. See Attachment, “CVB Focus Areas” for possible goals for each marketing focus area. What is the projected timeline for creating a Convention and Visitors Bureau and what does the projected budget look like? Projected Timeline May/ June 2010 July/August 2010 September/October 2010 October/November 2010 November/December 2010 January/March 2011 April/May 2011 June 1, 2011 Receive direction from City Council on CVB formation Prepare governance documents for presentation to City Council and others Adopt ordinance authorizing up to a 3% lodging tax Begin collecting lodging tax Determine final Board Makeup/Selection Undertake office space needs assessment Determine final staffing needs Hire Staff Marketing Development Open for Business Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 15 1212 Revenue Approx. Available Lodging Tax Expenses Staffing Equipment/Misc Space Marketing Special Fund $566,000 $250,000 (3-4 FTE - executive director, sales and marketing, support) $100,000 $ 50,000 $100,000 $ 50,000 (consideration for transportation, promotions, etc.) $550,000 Preliminary Projected Budget It’s anticipated that a Convention & Visitors Bureau would have an annual budget of approximately $550,000. Revenues from a lodging tax would significantly support the budget, however, additional revenue would be cap- tured from other businesses through the sale of advertising and sponsorships. Additionally, it’s anticipated that the CVB would pursue other funding sources such as grants and partnerships. It’s anticipated that more than $100,000 would be spent directly on marketing St. Louis Park and its hotels and amenities annually. Why is now the right time to create a Convention & Visitors Bureau? In 2006, as part of Vision St. Louis Park, the St. Louis Park City Council reviewed and discussed the work of eight vision action teams which consisted of participants from throughout the community. These groups worked for six months to put together goals, action steps, timelines and suggestions for additional partnerships. The teams also developed a one-page statement on what St. Louis Park will look like in 2016 should their dreams come true. With the involvement of more than 750 residents, workers, businesspeople, organizations and agencies, the initia- tive created a roadmap for the future of the City and fostered a strong community spirit. Conclusions for the visioning process included a commitment to connecting and engaging our community, being a leader in environmental stewardship, providing a well-maintained and diverse housing stock, and promoting and integrating arts, culture, and community aesthetics in all City initiatives. What this process taught us was that this community is proud of all that we have to offer and it’s time to share all of that with the rest of our region, state and nation. A convention and visitors bureau will allow us to accomplish that. In addition, the time is right given recent development in St. Louis Park. Significant investments in The West End and neighboring hotel and medical facilities have added to the community buzz and position St. Louis Park as an even stronger destination for visitors and travelers. The traveling public, area facilities, employers and community organizations are currently in need of the services that a convention and visitors bureau would provide, and the sooner such an entity is organized and operating, the sooner they all would benefit. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 16 13 Potential CVB Focus Areas Leisure Tourism A convention and visitors bureau could promote St. Louis Park as a leisure destination to the local, regional, state and national travel markets by developing and implementing programs designed to generate room nights; increase visitation to attractions; promote community offerings, such as festivals and sporting events, and to impact retail establishments and restaurants. Goal/Initiative – Increase Room Nights. A convention and visitors bureau could work to increase room night stays, visits and business by leisure travelers from the local, regional, state and national markets. Goal/Initiative - Maximize Vehicle Visitor Market. An initiative of a convention and visitors bureau could be to work with AAA Minneapolis and others to promote St. Louis Park as a leisure destination to its local, regional, state and national branches to capture and maximize the vehicle visitor market. A convention and visitors bureau could also work with local, regional and state tour bus operators to provide same. Goal/Initiative – Develop Local Support and Education. A convention and visitors bureau could work to educate the local community about St. Louis Park as a highly desirable leisure travel destination, which would include working with our local festival and sporting event organizers. This could then be branched out to regional, state and national markets. Goal/Initiative – Develop Customer Promotions. A convention and visitors bureau could develop innovative pro- motions to increase awareness of and travel to St. Louis Park as a leading leisure travel destination, which may involve travel discounts or incentives. Meetings, Conventions and Events If a goal of a convention and visitors bureau is to develop the community as a meeting, convention and event destination, examples of some goals are: Goal/Initiative – Promotion of Brand Presence to Market Segments. Allocate appropriate proportion of personnel to market St. Louis Park as a meeting and convention destination. This could include sales trips, tradeshows, site visits and familiarization tours. Goal/Initiative – Develop Promotional Budget. Allocate funds to promote brand presence to appropriate market segments to market St. Louis Park as a meetings and conventions destination. In addition to advertising, this may include a transportation reserve fund or other resource pool that could provide a competitive advantage to a con- vention and visitors bureau. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 17 1414 Goal/Initiative – Training. Develop and utilize training to increase effectiveness of personnel devoted to promot- ing St. Louis Park as a meeting and convention destination. Goal/Initiative – Develop Multi-Cultural Market. St. Louis Park is a diverse community and a convention and visitors bureau explore ways to maximize this advantage and leverage St. Louis Park’s reputation for diversity and unique characteristics to attract these groups. Goal/Initiative – Develop Sports Market. Continue to further develop St. Louis Park as a destination for local, regional, state and national amateur sports teams. Goal/Initiative – Develop Medical Market. Continue to further develop St. Louis Park as a destination for re- nowned medical services – cancer center, eating disorder clinic, vascular center, working collaboratively with our partners in the medical industry. Goal/Initiative – Develop Event Market. Explore the expansion or creation of community events that would at- tract visitors from the region, state or even nationally that could further enhance the community’s profile (i.e., community festivals, art fairs, concert series, etc.). Economic Growth A convention and visitors bureau could work with the city Economic Development Authority (EDA) to promote economic growth in the community. With the EDA fostering the development, redevelopment and revitalization of the business centers in St. Louis Park and working to retain its base of existing businesses, the convention and visitors bureau could also compliment these efforts to recruiting businesses that are compatible and complimen- tary. Goal/Initiative – Develop Partnership with Economic Development Authority (EDA). Develop a strong partner- ship with the EDA to assist in accomplishing its goals which in turn benefits a convention and visitors bureau by allowing it to promote St. Louis Park as a viable and attractive community in which to visit and do business. Goal/Initiative – Develop Joint Marketing Goals. The EDA and convention and visitors bureau could work col- laboratively on joint marketing initiatives to encourage and promote all aspects of what St. Louis Park has to offer. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 18 15 Goal/Initiative – Maximize Resources. Many of the goals and desired outcomes of a convention and visitors bu- reau and the EDA will be the same – promoting St. Louis Park as a desired location where people can live, work, visit and play. These two entities could work collaboratively together (i.e., business retention, new job creation, etc.) to identify these common goals and find ways to maximize the collective resources. Marketing and Communications A convention and visitors bureau should strive to increase awareness in the media and the public that St. Louis Park is a meeting, convention and leisure destination. This could be accomplished with effective public relations and advertising and marketing campaigns that promote St. Louis Park through advertising, promotions, publica- tions, website, research and public and media relations. Goal/Initiative – Develop Media and Public Relations. Develop proactive media and public relations through press releases to local, regional, state and national media and others. Goal/Initiative – Develop Advertising Campaigns. Develop creative concepts that promote St. Louis Park as an outstanding destination for meetings and conventions, group and trade shows, and the business, sporting, medical and leisure tourism markets. Goal/Initiative – Develop Promotional Materials. Develop promotional materials to support the efforts of promot- ing St. Louis Park as a top destination for meetings and conventions, group and trade shows, and the business, sporting, medical and leisure tourism markets. Goal/Initiative – Implement E-Marketing Plan. Create and implement a comprehensive E-Marketing Plan to reach that large number of the travel market that utilizes the internet to plan trips. This will include development and implementation of a website and web-based marketing for the convention and visitors bureau. Goal/Initiative – Training and Education. A convention and visitors bureau should encourage ongoing training, education and site visits for staff and volunteers to enhance first-hand knowledge of the attractions and amenities in St. Louis Park and the surrounding area to result in the highest level of customer service possible. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 19 1616 Visitors Center/Office The main purpose of a convention and visitors bureau in St. Louis Park is to promote the community as a year- round destination to identified market segments and to provide superior customer service to the leisure and busi- ness travelers that visit the City. A convention and visitors bureau should provide thorough and efficient customer service with outstanding collateral materials to visitors in order to facilitate longer overnight stays and encourage return visits. Goal/Initiative – Store-front Presence. A convention and visitors bureau may wish to consider a storefront pres- ence in a highly visible location within the community. A few reasons why a store front is important are: • Customer Service • Convenience • Credibility • Visibility Goal/Initiative – Awareness of Visitors Center. A convention and visitors bureau would be charged with creating an awareness of the benefits of maintaining a visitors center to the local, regional, state and national markets and the service offerings it can provide. 16 Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 20     ARTICLES OF INCORPORATION OF ST. LOUIS PARK CONVENTION AND VISITORS BUREAU We, the undersigned, for the purpose of forming a corporation under and pursuant to the provisions of Minnesota Statutes Chapter 317A, known as the Minnesota Nonprofit Corporation Act, do hereby associate ourselves together as a body corporate and adopt the following Articles of Incorporation: ARTICLE I The name of this corporation shall be St. Louis Park Convention and Visitors Bureau. ARTICLE II The name and address of the incorporator of this corporation is as follows: ARTICLE III The names and addresses of the initial Board of Directors are as follows: Jeff Jacobs, Mayor of the City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 Tom Harmening, City Manager of the City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 ARTICLE IV The general nature of the business of said corporation and the objects or purposes proposed to be transacted, promoted, or carried on are: Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 21     To professionally promote tourism, meetings, conventions, and special events in the City of St. Louis Park and to provide vigorous marketing programs designed to effectively stimulate increased economic activity in this area. To strengthen our community’s businesses and organizations, further the city’s identity, and stimulate regional prosperity; To acquire, preserve and distribute educational, civic, social, commercial and economic statistics and information of value; Its plan of operation shall be to serve as an administrator of funds collected from city lodging taxes under Section 477A.016 and to conform and adhere to uniform financial accounting and reporting provisions and other requirements set forth in Section 477A, as well as any and all requirements set forth in ordinances within the City. ARTICLE V The corporation shall observe all local, state and federal laws which apply to a non-profit organization as defined in section 501(c)(6) of the Internal Revenue Code. ARTICLE VI The duration of this corporation shall be perpetual. ARTICLE VII The location of its registered office in this state shall be ________________________, St. Louis Park, Minnesota, 554__. ARTICLE VIII The corporation shall have no members. ARTICLE IX No member, officer, or director of this corporation shall be personally liable for the debts or obligations of this corporation of any nature whatsoever, nor shall any of the property of the members, officers, or directors be subject to the payment of the debts or obligations of this corporation. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 22     ARTICLE X The management of this corporation shall be vested in a Board of Directors consisting of such number, not less than nine (9), as may be specified in the Bylaws. They shall be elected by for such terms as may be provided in the Bylaws. The Board of Directors shall have full authority to adopt the initial Bylaws and to amend or repeal such Bylaws. ARTICLE XI These articles may be amended by a majority vote of the Board of Directors any meeting called for that purpose upon ten (10) days’ notice. IN TESTIMONY WHEREOF, we have hereunto set our hands this _____ day of __________, 2010. ____________________________ Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 23   BYLAWS OF ST. LOUIS PARK CONVENTION AND VISITORS BUREAU This instrument constitutes the Bylaws of the ST. LOUIS PARK CONVENTION AND VISITORS BUREAU, a Minnesota nonprofit corporation (the “Corporation”). The Corporation is incorporated under and pursuant to the Minnesota Nonprofit Corporation Act, Minnesota Statues Chapter 317A, as amended (the “Act”). The Bylaws help to regulate and manage the internal affairs of the Corporation. SECTION I GENERAL PURPOSE The specific purposes of the Corporation shall include, but not be limited to: • Promote St. Louis Park, Minnesota as a destination by attracting meetings, conventions, tourism, and special events. • Contribute and support the economic well-being and identity of the City of St. Louis Park. • Provide leadership with community and business partners to provide an outstanding visitor experience. SECTION II MEMBERS The Corporation shall have no members. SECTION III BOARD OF DIRECTORS Section 3.1 Composition Of Board The Board of Directors (hereinafter the “Board”),shall be composed of not less than nine (9), nor more than fifteen (15) directors appointed pursuant to Article X of the Articles of Incorporation for a three (3) year term. The terms of the directors shall be staggered such that each year one-third (1/3) of the director positions shall be subject to election. The initial Board of Directors shall have designated terms of one, two and three years to effectuate the term staggering described hereunder. In the event the Immediate Past Chair’s term as a director expires prior to the conclusion of the Immediate Past Chair’s term of service as the Immediate Past Chair of the Corporation, the Immediate Past Chair shall serve as an ex-officio 16th member of the Board of Directors until the Immediate Past Chair’s term as Immediate Past Chair has been completed. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 24   Section 3.2 Qualifications Directors shall have the following qualifications: 3.2.1 Two directors shall be members of the hotel/motel industry in the City of St. Louis Park, defined as owners, officers or employees of a hotel/motel in the City of St. Louis Park; 3.2.2 At least three directors shall be members of the general business community other than a member of the hotel/motel industry; 3.2.3 One Director shall be the Mayor of St. Louis Park and one director shall be the City Manager of St. Louis Park; 3.2.4 One director shall be a representative nominated by TwinWest Chamber of Commerce; 3.2.4 One director shall be a representative of the non-profit community in the City of St. Louis Park. Section 3.3 Limitation Of Terms No director elected, except the Mayor and City Manager of St. Louis Park, shall serve more than two (2) consecutive three (3) year terms. Election by the Board to fill an unexpired term or term of a director which can be filled by the Board of Directors may be in addition to the two (2) consecutive full terms. Section 3.4 Vacancies On The Board A director shall be deemed to have resigned from the Board in the event that any of the following occur: 3.4.1 The director is absent from three (3) consecutive regular meetings of the Board unless the absence is a result of illness or has otherwise been excused by a majority vote of the Board; 3.4.2 The director ceases to be employed by or affiliated with the organization, which employed such director, or with which the director was affiliated, at the time he or she became a member of the board of directors. The Board shall have the authority to fill vacancies, which occur during the year by reason of death, resignation or removal of directors. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 25   Section 3.5 Meetings Of The Board Regular Board meetings shall be held at a time, place and frequency as may be determined by the Chair or President, provided that no less than four (4) meetings are held each year. A conference among directors by a means of communication through which the directors may simultaneously hear each other during the conference is a board meeting, if the same notice is given of the conference as would be required for a meeting, and if the number of directors participating in the conference is a quorum. A director may participate in a board meeting by any means of communication through which the directors, other directors participating, and all directors physically present at the meeting may simultaneously hear each other during the meeting. Participation in a meeting by any of the above-mentioned means is personal presence at the meeting. Section 3.6 Notice Of Board Meetings Notice of regular or special board meetings shall be given as prescribed hereunder to each board member no less than five (5) or more than thirty (30) days before the meeting, excluding the day of the meeting. Section 3.7 Special Meetings Special meetings of the Board of Directors may be called at any time upon request of the Chair, the President or any four (4) or more directors, provided that any such request shall specify the purpose or purposes for the meeting. The President shall set the date for the special meeting within three (3) working days of making or receiving such a request and shall give not less than one (1) day nor more than five (5) days written notice of the time, place and purpose of such special meeting. Section 3.8 Waiver Of Notice Any director may execute a written waiver of notice of any meeting required to be given by statute or by any provision of these Bylaws either before, at, or after that meeting, and such waiver when signed and filed as hereinafter provided shall be equivalent to notice. Such waiver shall be filed with the President, who shall enter it upon the minutes or other records of that meeting. Appearance at a meeting by a director shall be deemed a waiver of notice thereof, unless the appearance is solely for the purpose of asserting the illegality of the meeting. Section 3.9 Quorum At Board Meetings At any duly called board meeting, 50% of the members of the Board of Directors shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the directors present may adjourn a meeting from time to time until a quorum is had. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 26   Section 3.10 Action At Board Meetings The directors shall take action by the affirmative vote of a majority of those directors present and entitled to vote at a duly called meeting. Section 3.11 Action Without A Meeting Any action that may be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing signed by all of the directors. SECTION IV ELECTION OF BOARD MEMBERS Section 4.1 Nominating Committee The Chair shall appoint a Nominating Committee consisting of five (5) members. The Chair of the Board and the President shall be ex-officio members of the Nominating Committee. The remaining three (3) at large members of the Nominating Committee shall be appointed by the Chair of the Board. The duties of the Nominating Committee shall be to: 4.1.1 Recommend qualified candidates to the Board of Directors to fill expiring terms; 4.1.2 Propose a slate of qualified candidates for the annual election of Directors; 4.1.3 Propose a slate of qualified candidates for the annual election of officers; 4.1.4 Obtain a written response from each candidate. Section 4.2 Nominations & Elections The Nominating Committee shall present to the Board of Directors a slate of candidates to replace Directors whose regular terms are expiring: 4.2.1 Each candidate must have agreed to accept the responsibility of directorship; 4.2.2 This election shall take place during a regular meeting of the directors, called in accordance with the provisions of these bylaws. Section 4.3 Commencement Of Terms The terms of the Board of Directors, shall commence January 1, subject to the provisions of Article III, Section 3.4. Section 4.4 Mayor and City Manager The Mayor and City Manger of St. Louis Park are ex officio voting members of the Board of Directors and do not stand for election. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 27   ARTICLE V OFFICERS Section 5.1 Election Of Officers The Board of Directors at its first meeting of the fiscal year shall elect officers. The Nominating Committee shall propose a slate of qualified candidates for the election of officers. At the meeting, the floor shall be open for the nomination of candidates. Any member of the Board of Directors shall be eligible to elected as an officer (other than as President). The Board shall elect the following officers each year: Chair, Chair-Elect and Treasurer. All officers (other than the President) shall serve for a term of one year or until their successor assumes the duties of office, and they shall be members of the Board of Directors. Section 5.2 Duties Of Officers The duties of the officers of the Corporation shall be as follows: 5.2.1 Chair of the Board. The Chair of the Board shall preside over all meetings of the Board of Directors and Executive Committee; and in consultation with the Board and the President, shall appoint all committee chairs. He or she shall also perform such other duties as may be determined from time to time by the Board of Directors; 5.2.2 Chair-Elect. The Chair-Elect shall serve as assistant to the Chair of the Board and preside at meetings in the absence of the Chair; serve as chair of any annual program planning committees; and shall serve as Chair of the Board for the year following the term as Chair-Elect; 5.2.3 President. The President shall be the chief executive officer of the corporation and shall be the primary spokesperson of the Corporation. The President shall also serve as the Secretary and maintain official records of the Corporation. The President shall be responsible for the day to day operations, and be employed by the Board of Directors who shall fix his or her compensation from time to time. The President has the authority to hire, fire, promote, demote, and adjust compensation of others. In addition, he or she shall perform such other duties as may be determined from time to time by the Board of Directors or officers; 5.2.4 Treasurer. The Treasurer shall be the chief financial officer of the corporation and shall oversee the corporate treasury, provide input in annual budgeting, long range financial planning, and investment decision. The Treasurer shall perform such other duties as may be directed from time to time by the President or the Chair. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 28   Section 5.3 Vacancies The Board of Directors shall have the authority to fill vacancies, which occur during the year by reason of death, resignation or removal. Section 5.4 Executive Committee The Executive Committee shall be composed of five (5) members. The Executive Committee shall consist of the Chair of the Board, Chair-Elect, President, and Treasurer. The fifth (5th) member of the Executive Committee shall be an at-large Board member appointed by the Chair of the Board. 5.4.1 The Chair of the Board shall serve as the Chair of the Executive Committee; 5.4.2 The Executive Committee shall act for and on behalf of the Board of Directors when the Board is not in session or otherwise unavailable. The Executive Committee shall not take action contrary to, or in a manner that would be a substantial departure from, the direction established by the Board or in a manner which would represent a major change in the affairs, business, or policy of the Board. All actions by the Executive Committee shall be subject to review and ratification by the Board of Directors. 5.4.3 Notice of meetings of the Executive Committee shall be given as prescribed hereunder to each committee member as least one (1) day before the day the meeting is to be held; 5.4.4 At any duly called meeting of the Executive Committee, a majority of the members of the Executive Committee shall constitute a quorum for the transaction of business; 5.4.5 The Executive Committee may take action by the affirmative vote of a majority of those members present and entitled to vote at a duly called meeting; 5.4.6 Any action that may be taken at a meeting of the Executive Committee may be taken without a meeting when authorized in writing signed by all of the members of the Executive Committee. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 29   ARTICLE VI INDEMNIFICATION To the full extent provided by the Minnesota Nonprofit Corporation Act, as amended from time to time, or by other applicable provisions of law, each person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, wherever and by whomsoever brought (including any such proceeding, by or in the right of the corporation), whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a member, director, or officer of the corporation, or he or she is or was serving at the specific request of the Board of Directors of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture or other enterprise, shall be indemnified by the corporation by the affirmative vote of a majority of the directors present at a duly held meeting of the Board of Directors for which notice stating such purpose has been given against expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding; provided, however, that the indemnification with respect to a person who is or was serving as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise shall apply only to the extent such person is not indemnified by such other corporation, partnership, joint venture, trust or other enterprise. The indemnification provided by this Article shall inure to the benefits of the heirs, executors and administrators of such person and shall apply whether or not the claim against such person arises out of matters occurring before the adoption of this provision of the Bylaws. ARTICLE VII COMMITTEES AND TASK FORCES Section 7.1. Committees 7.1.1 The Board of Directors shall define the powers and duties of all committees and groups of the Corporation and shall annually review, evaluate and approve all activities and proposed programs resulting therefrom. The Board shall approve any new or revised policy before being implemented by any committee or group. 7.1.2 The Chair of the Board, in consultation with the President and as ratified by the Board of Directors shall establish committees and appoint committee chairs and members as necessary. Committee appointments shall be at the will and pleasure of the Chair of the Board and shall terminate at the end of each fiscal year. 7.1.3 Committees shall investigate issues, make recommendations to the Board, and conduct other activities as may be delegated by the Board. 7.1.4 The Chair of the Board may discharge a committee when its work has been completed and its report presented, or may be discharged by the Board of Directors at any time. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 30   Section 7.2 Task Forces The Chair of the Board and President may from time to time appoint task forces when appropriate to undertake special projects as requested by the Board. The Chair of the Board shall appoint task force chairs through the same process as committee chairs are appointed on an annual basis. Task forces shall make their reports and recommendations pursuant to the direction of the Board. Subject to the discretion of the Board, a task force may continue into a subsequent fiscal year and until its work has been completed and report presented. ARTICLE VIII FINANCES Section 8.1 Funds All money paid to the Corporation shall be placed in a general operating fund, except as specifically provided by any state, or Federal law, or regulation. Such funds shall be kept on deposit in financial institutions approved by the Board of Directors. Section 8.2 Disbursements Following adoption of the annual budget, the President shall be authorized to make disbursements on accounts and expenses provided for in the budget without additional approval of the Board. All disbursements shall be by check. No member, committee, task force or volunteer thereof shall contract any debt on behalf of the Corporation, which shall in any manner render the Corporation liable for the payment of any sum unless the same shall have been approved by the Board of Directors. No appropriation of money or other property of the Corporation shall be made for any purpose other than as provided in the budget, and other than to defray the legitimate expenses of the Corporation, except by a majority vote of the directors present at any meeting of the Board of Directors. Section 8.3 Fiscal Year The fiscal year of the Corporation shall terminate on December 31. Section 8.4 Budget The President shall submit a budget of estimated expenses and revenues for the coming year to the Board for approval prior to September 1 of the next fiscal year. Section 8.5 Financial Review The Chair of the Board shall appoint a Finance Committee of at least three individuals, with one member being that of Treasurer. The Finance Committee shall recommend to the Board the scope and type of the annual financial report for the Corporation and an individual or firm to conduct the reporting. Following the approval of the Board, the selected individual or firm shall conduct an investigation and present a written report and recommendations to the Board. Copies of the report and recommendations shall be available upon request by members at the Chamber office during regular business hours. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 31   ARTICLE IX SOLICITATION OF MEMBERSHIP The Corporation shall not solicit memberships from the business community or the public at large. ARTICLE X NOTICE Whenever under the provisions of these Bylaws notice is required to be given to any director it shall be construed to require personal notice, but such notice may be given: (i) in writing by U.S. Mail by depositing it in a post office box within the State of Minnesota, in a post-paid, sealed envelope addressed to such director at his or her last known address, (ii) by telegraphic or facsimile letter addressed to such director at his or her last known facsimile number, or (iii) by electronic email correspondence addressed to such director at his or her last known email address. Such notice shall be deemed to have been given at the time when deposited in the U.S Mail; if by telecopy, when transmitted to a telecopier number designated by the director or member, or if by electronic email correspondence, when sent from the transmitting computer. ARTICLE XI DISSOLUTION The Corporation shall use its funds only to accomplish the objectives and purposes specified in the Articles and these Bylaws, and no part of said funds shall inure, or be distributed, to others within the Corporation. On dissolution of the Corporation, and unspent lodging tax proceeds shall be distributed to the City of St. Louis Park any other funds remaining shall be distributed exclusively for exempt purposes described in Section 501(c) of the Internal Revenue Code as now enacted or hereafter amended, to one or more regularly organized and qualified charitable, educational, scientific, or philanthropic organizations to be selected by the Board of Directors. ARTICLES XII PARLIAMENTARY PROCEDURE Robert Rules of Order newly revised shall be the final source of authority in all questions of parliamentary procedure when such rules are not inconsistent with the Articles or Bylaws of the Corporation and the laws of Minnesota. ARTICLE XIII STANDARD OF CARE/CONFLICT OF INTEREST Section 13.1 Standard of Care It is the responsibility of each director of this corporation to discharge his or her duties as a director in good faith, in a manner the person reasonably believes to be in the best interests of this corporation, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 32   Section 13.2 Conflict of Interest A contract or other transaction between this corporation and: (a) one or more of its directors, or a member of the family of a director; (b) a director of a related organization, or a member of the family of a director of a related organization; or (c) an organization in or of which one or more of the corporation’s directors or a member of the family of the director are directors, officers or legal representatives or have a material financial interest, (d) notwithstanding anything the above provisions, a contract with the City of St. Louis Park or any other governmental subdivision or governmental agency is not a conflict of interest, is not void or voidable because the director or directors or the other individual or organization are parties or because the director or directors are present at the meeting of the Board of Directors or a committee at which the contract or transaction is authorized, approved or ratified, if: (a) the contract or transaction was, and the person asserting the validity of the contract or transaction sustains the burden of establishing that the contract or transaction was, fair and reasonable as to the corporation at the time it was authorized, approved or ratified; or (b) the material facts as to the contract or transaction and as to the director’s or directors’ interest are fully disclosed or known to the Board or a committee, and the Board or committee authorizes, approves or ratifies the contract or transaction in good faith by a majority of the Board or committee, but the interested director or directors shall not be counted in determining the presence of a quorum and shall not vote. Section 13.3 Definitions For the purpose of this Article XIII: (a) a director does not have a material financial interest in a resolution fixing the compensation of the director or fixing the compensation of another director as a director, officer, employee or agent of the corporation, even though the first director is also receiving compensation from the corporation; and (b) a “member of the family” of the director is the spouse, parents, children and spouses of children, brothers and sisters or spouses of brothers and sisters of the director, or any combination of them. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 33   ARTICLE XIV AMENDMENTS These Bylaws may be amended or altered by a two-thirds (2/3) vote of the Board of Directors, provided that notice for the meeting includes the proposal(s) for amendments. Notice of any proposed amendment shall be submitted to the Board by notice, as stated in Article X no less than five (5) nor more than thirty (30) days before the meeting, excluding the day of the meeting. CERTIFICATION These bylaws were approved at a meeting of the board of directors by a two-thirds majority vote on ________________________, 20__. ST. LOUIS PARK CONVENTION AND VISITORS BUREAU By: Date: Secretary Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 34   CITY OF ST. LOUIS PARK AND ST. LOUIS PARK CONVENTION AND VISITORS BUREAU OPERATING AGREEMENT THIS AGREEMENT made and entered into this _____ day of ________________, 20__, by and between the City of St. Louis Park, a Minnesota municipal corporation hereinafter referred to as “City” and St. Louis Park Convention and Visitors Bureau, a Minnesota non-profit corporation, hereinafter referred to as the “Bureau”. WHEREAS, the City has imposed a tax on lodging to fund a convention and visitors bureau in accordance with Minnesota Statutes, Section 469.190; and WHEREAS, the Bureau has the staff, facility, and experience to carry out the objectives of promoting the City as a destination for all forms of tourism including visitors, meetings, conferences, and conventions. NOW, THEREFORE, the parties agree as follows: 1. Term. The term of this Agreement shall commence on the ___ day of _______________, 20___, and continue until cessation by mutual agreement or until withdrawal by one the parties hereto in accordance with the following provisions: A. The party withdrawing from this Agreement shall provide the other party written notice to that effect. B. Withdrawal shall be effective ninety (90) days after written notice of withdrawal is given. C. In the event that this Agreement is terminated, the Bureau shall remit to the City all proceeds held by the Bureau generated from the lodging tax imposed under City ordinance. 2. Services Rendered by Bureau. The Bureau shall furnish the following services: A. Informational services in responding to inquiries about the City via U.S. Mail, computer (internet), telephone and personal contacts. B. Provide planning, coordination, and registration assistance to organizations, business and groups. C. Supply support material including, but not limited to name badges, maps, accommodations lists, and information in general. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 35   D.Prepare and present audiovisual presentations to groups to attract visitors, meetings, convention and special events to the City and the area. E.Distribute brochures, maps, and guides of the city/area to potential visitors and to meeting and event planners. F.Provide representation at trade shows, conventions, and exhibits to attract new visitors to the City. G.Promote the City as a destination through statewide, regional, national and international advertising and marketing of the City and the area’s hospitality industry and attractions. H.Promote and support local festivals and special events. 3. Charges. Basic services provide pursuant to Paragraph Two (2) of this Agreement shall be without charge to the person or organization utilizing such services unless authorized by contractual agreement or action of the Bureau’s Board of Directors. 4. Budget. The Bureau shall submit its annual operating budget for review and approval; by the City prior to September 1 of each year. Such budget shall detail specifically the uses to which monies received shall be spent to provide such services as described in Paragraph Two (2) of this Agreement. It is understood between the parties that the actual revenues being generated under Paragraph Five (5) may vary from the amounts anticipated in the budget. For this reason it is agreed that the budget may be modified without prior consent of the City, providing that any adjustments shall be made by a two-thirds vote of the Bureau’s Board of Directors. Notwithstanding any other language to the contrary the Bureau shall not expend any sums beyond its revenues. 5. Funding. On or near the 15th day of each month, the City shall remit to the Bureau, for funding of the Bureau, 95% of the lodging tax payments received by the City, less refunds, in the preceding month during the term of this Agreement. 6. Verification of Expenditures. The Bureau will provide the City a copy of the Bureau’s audited annual financial statements, showing budget figures, properly itemized and verified by the Bureau’s president. The chief financial officer of the City shall have the right to access the official financial books and organizational records of the Bureau at any time during normal business hours, provided forty-eight (48) hours notification to Bureau’s president or treasurer, to audit any items of revenue or expenditure. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 36   7. Hold Harmless. Any and all employees of the Bureau or any other persons, while engaged in the performance of any service required by the Bureau under this Agreement, shall not be considered employees of the City, and any or all claims that may or might arise under the Workers’ Compensation Act of the State of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the Bureau, or its agents or employees or other persons while engaged in any of the services provided to be rendered herein, shall in no way be the obligation or the responsibility of the City. In connection therewith, the Bureau herby agrees to indemnify, save and hold harmless, and defend the City and all of its officers, agents, and employees from any and all claims, demands, actions, or causes of actions of whatever nature or character arising out of or by reason of the execution or performance of the services provided for in this Agreement. 8. Discrimination. The Bureau, in providing services hereunder shall comply with the provisions of Minnesota Statute, Section 181.59 as the same may be amended from time to time. The Bureau shall not discriminate against any person or firm in any of its activities pursuant to Minnesota Statute, Section 181.59 which is incorporated into this Agreement as though set forth in its entirety. 9. Insurance. The Bureau shall carry insurance to cover its employees and agents while performing services pursuant to this Agreement. Such insurance shall provide comprehensive general liability and property damage coverage to the Bureau and its employees and agents in such amounts as will equal the applicable limits of liability to which the City may be held pursuant to state statute as the same may be amended from time to time. The Bureau shall also carry Workers’ Compensation as required by Minnesota Statute, Section 176.182 and provide the City with proof of compliance with Section 176.182 to commencement of services thereunder. 10. Board Members. The St. Louis Park City Manager and the St. Louis Park Mayor must be member of the Board of Directors of the St. Louis Park Convention and Visitors Bureau. 11. Laws. The Bureau will comply with all applicable Federal, State, and local laws in the performance of its obligations hereunder. 12. Advertisement. All brochures, listings, or advertisements of specific lodging facilities shall include mention of all facilities paying the lodging tax imposed by the City. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 37   13. Integration. This document is fully integrated, embodying the entire Agreement between the parties. Any amendment to this Agreement shall be in writing and executed in the same manner as the Agreement. 14. Amendment. This Operating Agreement may be amended by mutual consent of both parties. 15. Audit. The Bureau shall have an annual financial audit of the Bureau performed by an independent certified public accounting firm. The Bureau shall furnish a copy of this annual financial audit to the City at no cost to the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF ST. LOUIS PARK By: ______________________________________________ Dated: __________________ It’s Mayor By: ______________________________________________ Dated: __________________ It’s City Manager ST. LOUIS PARK CONVENTION AND VISITORS BUREAU By: _____________________________________________ Dated: __________________ Its’ President By: ____________________________________________ Dated: __________________ It’s Chair of the Board Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 38 AN ORDINANCE AMENDING CHAPTER 8 TO ADD A NEW ARTICLE PROVIDING A LOCAL LODGING TAX THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Chapter 8 of the St. Louis Park Code of Ordinances is amended by adding a new Article IV to read as follows: ARTICLE IV LOCAL LODGING TAX Sec. 8-800. Definitions. Unless otherwise expressly stated, wherever used in this Article, the following words shall have the meanings given to them by the Section. Lodging means the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous period of thirty (30) days or more. Operator means a person who provides lodging to others, or any office, agent or employee of such person. Sec. 8-801. Imposition of Tax. There is hereby imposed a tax of three percent (3%) on the gross receipts from the furnishing for consideration of lodging. Sec. 8-802. Collection. Each operator shall collect the tax imposed by this Article at the time rent is paid. The tax collections shall be held in trust by the operator for the City. The amount of tax shall be separately stated from the rent charged for the lodging. Sec. 8-803. Payment and Returns. The taxes imposed by this Article shall be paid by the operator to the City not later than twenty-five (25) days after the end of the month in which the taxes were collected. At the time of payment the operator shall submit a return upon such forms and containing such information as the City may require. The return shall contain the following minimum information: (1) The total amount of rent collected for lodging during the period covered by the return. (2) The amount of tax required to be collected and due for the period. (3) The signature of the person filing the return or that of his agent duly authorized in writing. (4) The period covered by the return. (5) The amount of uncollectible rental charges subject to the lodging tax. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 39 The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Article previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. Sec. 8-804. Examination of Returns, Adjustments, Notices, Demands and Audit. After a return is filed, the City shall examine it and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness including a formal audit. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten (10) days after determination of such refund. Sec. 8-805. Refunds. Any person may apply to the City for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The City shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the City shall credit the amount of the allowance against any taxes due under this Article from the claimant and the balance of the allowance, if any, shall be paid by the City to the claimant. Sec. 8-806. Failure to File a Return. If any operator required by this Article to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five (5) days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return, the City shall make a return or corrected return, for such person from such knowledge and information as the City can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by such return) shall be paid within five (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the City shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. If any portion of a tax imposed by this Article, including penalties thereon , is not paid within thirty (30) days after it is required to be paid, the City Attorney may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. Upon a showing of good cause, the City may grant an operator one thirty (30) day extension of time within which to file a return and make payment of taxes as required by this Article provided that interest during such period of extension shall be added to the taxes due at the rate of ten percent (10%) per annum. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 40 Sec. 8-807. Penalties. If any tax imposed by this Article is not paid within the time therein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to ten percent (10%) of the amount remaining unpaid. The amount of tax not timely paid, together with any penalty provided by this Section, shall bear interest at the rate of eight percent (8%) per annum from the time such tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof. Sec. 8-808. Violations. Any person who shall willfully fail to make a return required by this Article; or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or interest imposed by this Article after written demand for such payment or who shall refuse to permit the City to examine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. Sec. 8-809. Use of Proceeds. Ninety five percent (95%) of the proceeds obtained from the collection of taxes pursuant to this Article shall be used in accordance with Minnesota Statutes, section 469.190 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center. Sec. 8-810. Appeals. Any operator aggrieved by any notice, order or determination made by the City under this Article may file a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and the location of the lodging subject to the order, notice or determination. The petition for review shall be filed with the City Clerk within ten (10) days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review. Upon receipt of the petition the City Manager, or the Manager's designee, shall set a date for a hearing and give the petitioner at least five (5) days' prior written notice of the date, time and place of the hearing. At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense. The hearing shall be conducted by the City Manager or the Manager's designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought. The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this Article and the evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the City. Any decision rendered by the City Manager pursuant to this subdivision may be appealed to the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within ten (10) days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as is practical. The Council shall then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that the findings and conclusions were incorrect, the Council may modify, reverse or affirm the decision of the City Manager or his designee upon the same standards as set forth in this subdivision. Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 41 Section 2. This Ordinance shall take effect fifteen days after its publication. ADOPTED this ______ day of _______________, 2010, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor ATTEST: Nancy Stroth, City Clerk APPROVED AS TO FORM: City Attorney Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 42 DRAFTSt. Louis Park Convention and Visitors Bureau2011 Operating BudgetAnnual January February March April May June July August Sept October Nov Dec BudgetAcct REVENUELodging Revenue    Double Tree188,516$            Homewood 79,076$              Lakeland15,183$              Mpls Mariott West123,358$            Spring Hill79,709$              Towne Place67,056$          Advertising Sales10,000$          Interest Income4,800$            Miscellaneous1,200$            TOTAL REVENUE568,898$        EXPENSESWages    Base Salary170,000$            Commissions20,000$              Bonus/Incentive10,000$          Payroll Taxes    Payroll Service750$                   Taxes15,300$              Unemployment2,000$                Workers' Comp1,000$            Contractors5,000$            Training/Education6,000$            Benefits    Health Insurance‐$                    Dental Insurance‐$                    Life/LTD/STD Ins600$                   Flex Spending9,900$                Cell Phone1,200$            Retirement   Employer Cont10,000$              Admin Fees750$               Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 43 DRAFTSt. Louis Park Convention and Visitors Bureau2011 Operating BudgetAnnual January February March April May June July August Sept October Nov Dec BudgetTotal Personnel Exp252,500$        Rent/Utilities    Rent/Lease 18,000$              Electric/Gas1,200$                Maintenance1,200$            Technology Services    Telephone/Fax4,800$                Internet1,200$                Cable960$                   Server Maintenance6,000$            Postage ‐ General1,200$            Office Supplies    Stationary2,000$                General500$                   Miscellaneous1,000$            Insurance    General Liability1,800$                D & O Ins.600$               Equipment Rental    Copier/Printer4,800$                Postage Machine600$               Accounting/Legal    Accounting Assist1,200$                Review/Audit Fees2,500$                Legal Counsel1,500$            Depreciation‐$                Total Operating Exp51,060$          Leisure    Advertising 45,000$              Promotional Items15,000$              Direct Mail12,000$          Group TourSpecial Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 44 DRAFTSt. Louis Park Convention and Visitors Bureau2011 Operating BudgetAnnual January February March April May June July August Sept October Nov Dec Budget    Advertising35,000$              Promotional Items4,000$                Packages7,500$                Grants/Incentives10,000$              Trade Show Travel6,000$                Sales Blitz2,000$            Meetings/Conventions    Advertising24,000$              Promotional Items3,000$                Group Incentives5,000$                Sales Blitz1,500$            Sports Marketing    Advertising6,500$                Grants4,000$                Direct Mail1,200$            Medical Marketing    Advertising5,000$                Incentives/Coupons1,500$                Direct Mail1,500$            Intl' Marketing    Advertising5,000$                Promotional Items500$               Communications    Website Hosting6,000$                On‐line RSVP18,000$              Visitors Guide20,000$          Media Relations5,000$            Partnership Marketing    Community Sponsor2,500$                Community Events5,000$                Miscellaneous500$               Dues/Subscriptions    DMAI1,000$                MACVB250$               Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 45 DRAFTSt. Louis Park Convention and Visitors Bureau2011 Operating BudgetAnnual January February March April May June July August Sept October Nov Dec Budget    MSAE250$                   ASAE1,000$                Other500$               Mileage ‐ General2,500$            Committee Expenses    Board ‐ Monthly600$                   Board Retreat1,600$                Marketing Cmte600$               Miscellaneous Exp1,200$            Total Program Exp261,700$        TOTAL EXPENSES565,260$        NET INCOME (LOSS)3,638$            Special Study Session Meeting of October 4, 2010 (Item No. 1) Subject: Formation of a Convention and Visitors Bureau Page 46 Meeting Date: October 4, 2010 Agenda Item #: 2a 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: Daniel Kubes Retirement Recognition Resolution. RECOMMENDED ACTION: The Mayor is asked to read the attached Resolution and present a plaque to Police Sergeant Dan Kubes to recognize his 27 years of service to the City of St. Louis Park. POLICY CONSIDERATION: None. BACKGROUND: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a Resolution from the Mayor, City Manager, and City Council. Dan will be in attendance for the presentation at the beginning of the meeting. The Mayor is asked to read the Resolution and present Dan with a plaque in recognition of his years of service to the City of St. Louis Park. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of October 4, 2010 (Item No. 2a) Page 2 Subject: Daniel Kubes Retirement Recognition Resolution RESOLUTION NO. 10- _____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO DANIEL KUBES WHEREAS, Dan Kubes began his employment with the City of St. Louis Park over 27 years ago on September 19, 1983; and WHEREAS, Dan has served as a Patrol Officer, in several special assignments and as a Police Sergeant; and WHEREAS, Dan has earned the admiration and respect of his coworkers for his dedication, enthusiasm, professionalism, sense of humor and hard work; and WHEREAS, through his dedication, determination and leadership, Dan has earned the appreciation and respect of the organization and community; and WHEREAS, Dan will spend his retirement traveling, golfing, biking and cooking with his wife, Debbie; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this Resolution and public record, would like to thank Police Sergeant Daniel Kubes for his great contributions and over 27 years of dedicated services to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk Meeting Date: October 4, 2010 Agenda Item #: 2b 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: 2010 Evergreen Awards RECOMMENDED ACTION: The Mayor is requested to present the 2010 Evergreen Awards to the following recipients: • 8925 W. 31st St. – Julie Sweitzer and Steve Kahlenbeck • 3248 Alabama Ave. S. - Catherine and Jon Gjerde • Louisiana Oaks Condominiums – 3251 Louisiana Ave. S - Rex and Linda McKee – Association Board Members (Rex is President) • 4221 Minnetonka Boulevard – Dr. David Hertelendy POLICY CONSIDERATION: Not applicable. BACKGROUND: The Evergreen Award is presented each year in recognition of properties that are uniquely designed, landscaped and well maintained with an emphasis on landscaping that is visible to the passerby. Businesses, apartments and houses are all eligible to receive the award. The judges selecting the Evergreen Award recipients are comprised of Parks and Recreation Advisory Commission members, past Evergreen Award winners, volunteers and staff who have a keen interest in flowers, plants, landscaping and landscape design. There were five judges inspecting this year’s nominations. There were 11 nominations this year spread throughout the City. Winners are presented with an award certificate and a Dwarf Alberta Spruce tree. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Well maintained landscaping enhances the beauty of St. Louis Park. This program is consistent with one of the Council’s Strategic Directions of “...promoting aesthetics…” in the community. Attachments: None Prepared by: Stacy Voelker, Administrative Secretary Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: October 4, 2010 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 13, 2010 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt (arrived at 8:07 p.m.), Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director (Ms. Gohman), Fire Chief (Mr. Stemmer), City Clerk (Ms. Stroth), Director of Parks & Recreation (Ms. Walsh), Community Development Director (Mr. Locke), Director of Inspections (Mr. Hoffman), Housing Program Coordinator (Ms. Larsen), Environmental Coordinator (Mr. Vaughan), Utilities Superintendent (Mr. Anderson), Public Works Coordinator (Mr. Merkley), Senior Planner (Mr. Walther), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), City Assessor (Mr. Bultema), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – September 20 and September 27, 2010 Mr. Harmening presented the proposed special study session agenda for September 20th and the proposed study session agenda for September 27th. Mr. Harmening introduced Mike Rose, reporter from Patch.com, AOL’s hyper-local community news website set to debut later this year. 2. Environmental Activities Update 2008-2010 Ms Gohman presented the staff report and introduced the members of the City’s E-Group, including Jamie Zwilling, Brian Hoffman, Scott Merkley, Scott Anderson, Jim Vaughan, Kathy Larsen, Cindy Walsh, and Kevin Locke. Mr. Zwilling presented an overview of his role as overall communications coordinator for the work of the E-Group, including responsibility for the City’s website, media, public information pieces, and the community at large. He stated that the City’s website has an environment section which provides links to useful information pertaining to environmental initiatives. He stated that staff follows the Vision Statement regarding environment and we incorporate it in all we do. Mr. Hoffman presented an overview of his work on compliance and energy management, including an audit analysis of the City’s existing facilities and an evaluation of the existing building conditions to determine what energy improvements can be made. He indicated that other areas of focus include the City’s equipment and fleet, indoor and outdoor air quality, Radon awareness, and noise pollution. City Council Meeting of October 4, 2010 (Item No. 3a) Page 2 Subject: Special City Council Meeting Minutes September 13, 2010 Mr. Merkley presented an overview of his work on solid waste recycling. He stated that the City’s 2009 garbage collection tonnages decreased 2.6% from 2008 and recycling increased by 2.5% from 2008. He advised the City participates in a recycling revenue sharing from with Eureka whereby the City has received over $93,000 in revenue sharing from recycling; this revenue is used to enhance the City’s recycling program and other related activities. He discussed the Zero Waste event held at the Westwood Nature Center for Earth Day 2010 and indicated that the City will be hosting two workshops in October regarding backyard composting; other activities include working with the elementary schools to promote recycling, a joint project with Eureka to create a promotional video regarding the Twin Cities Free Market. Mr. Anderson presented an overview of his work on the City’s surface water management plan, storm water pollution prevention plan, erosion control and groundwater remediation. He stated other areas of focus include hazardous materials and spills and the City’s water wellhead protection plan, which includes practices to protect the City’s source water and identifies potential sources of contamination. He indicated that the first energy study was completed in 1989 on the City’s water treatment plants aimed at improving energy efficient operations through the use of variance frequency drives; the study resulted in a decrease in kilowatts per million gallons of 2,345 kw/mg in 1993 to 1,950 kw/mg in 2008. Mr. Vaughan presented an overview of his work on education and natural resources management, including property owner consultations, policy assistance and implementation, community aesthetics, rain gardens, native vegetation, pesticides and fertilizers, protected waters, compliance and wetlands. He discussed the City’s annual Arbor Day celebrations, Beautify the Park program, Adopt a Garden program, Pick up the Park program, and the various programs available at Westwood Nature Center. Ms. Larsen presented an overview of her work on planning and incentives, including environmental oversight and enhancement aimed at increasing environmental consciousness. She stated that other areas of focus include decreasing dependence on cars, adoption by the City of a green building policy, and implementation of an assistance program for green home improvements. Councilmember Ross asked how the City is actively working with residents that live on lakes to educate them on erosion control and/or pollutants. Mr. Vaughan stated that the City has educational materials available to residents on the importance of buffer zones and use of native vegetation; the City also actively works with the watershed district on these issues. Councilmember Mavity stated she would like to see more focus on walk/bike initiatives. She indicated she would also like to find ways to allow more citizen input into the overall process. She indicated that there needs to be a venue or some way for residents to provide input, share information, and ask questions on environmental issues in order to support the sustainability movement. Councilmember Sanger reiterated her suggestion that the Council consider appointing a temporary environmental task force and requested that the Council have a further discussion regarding this City Council Meeting of October 4, 2010 (Item No. 3a) Page 3 Subject: Special City Council Meeting Minutes September 13, 2010 issue. She stated that there needs to be some sort of mechanism where residents can talk to each other and collectively promote or address issues. Councilmember Finkelstein expressed his thanks to the E-Group members for their efforts on behalf of the City. He stated his concern with adding another task force is the additional burden to staff and added he was not in favor of a separate environmental commission. He stated environmental work is part of everything we do in our work. He stated he would like to see additional focus on recycling in the business community and to give consideration to a pilot program at Park Nicollet or Methodist Hospital. He stated he would also like to see recycling instituted for the City’s multi housing associations. Councilmember Santa requested that Council receive an update on its work with respect to storm water, trails and sidewalks, the flood proofing program, and the City’s efforts regarding forestry and Emerald Ash Borer. Councilmember Ross stated that she agrees with Councilmember Finkelstein. She would also like to see efforts made to increase awareness among the City’s bars and restaurants on recycling and to encourage use of mass transit as it relates to the environment. Councilmember Mavity stated she feels we are missing a venue for residents to give input and this could be done in a variety of ways such as a survey, topical listening segments, or input on the web. Mayor Jacobs stated there are other ways of adding to how input is received such as a cable show, web blog, or other social media. It was the consensus to bring back to Council the discussion on a venue for residents to have input on Energy or Environment in the Community. 3. GreenStep Cities Update and Carbon Footprint Measurement Ms. Gohman presented the staff report. Ms. Larsen stated that the carbon footprint measurement is intended to provide a baseline of the community’s current carbon footprint. She advised that in order to accomplish this, software is required to take these measurements and convert energy uses to understandable and comparable units. She explained that the International Council for Local Environmental Initiatives (ICLEI) has the software to accomplish this and St. Louis Park has been chosen as one of the pilot cities; membership in ICLEI would be required to obtain access to the software. Councilmember Santa stated that it will be important to consider not only how much energy the community is using, but also how that usage is mitigated and the associated savings. It was the consensus of the City Council to direct staff to move forward with membership in ICLEI and to place this item on the regular agenda for City Council action. City Council Meeting of October 4, 2010 (Item No. 3a) Page 4 Subject: Special City Council Meeting Minutes September 13, 2010 4. Storage – Fire Station No. 1 Mr. Harmening presented the staff report. Mr. Walther advised that staff has been working on accommodating the storage needs for records and election equipment and has identified two options for handling those needs. He indicated that the election equipment is proposed to be moved to the Municipal Service Center which will provide a climate controlled space as well as a workspace for staff and election judges. He stated that the City’s additional records storage needs can be accommodated by either (1) building a partial basement at Fire Station No. 1 at a cost of approximately $407,000 or (2) by adding additional space to the second floor of Fire Station No. 1 over apparatus bays #1 and #2 at a cost of approximately $112,000. Councilmembers Finkelstein and Ross stated that they supported Option No. 2. Councilmember Sanger stated that she could not support Option No. 1 because of the cost. She asked if staff has considered using the space at City Hall for records storage when the fire management staff moves out. Councilmember Mavity agreed that Option No. 1 is too expensive. She asked if the addition of two feet to the second floor of Fire Station No. 1 will visually impact the neighborhood. Mr. Walther replied this additional two feet will have no impact to the neighborhood. It was the consensus of the City Council to direct staff to proceed with Option No. 2 (build space on the second floor of Fire Station No. 1 over apparatus bays #1 and #2). 5. Charitable Gambling Ordinance Amendments Ms. Gohman presented the staff report and reviewed the policy questions for Council consideration. She stated that the City Attorney has advised that the Council may add another exemption to the required contribution to the 10% Contribution Fund where lawful gambling activity occurs on premises owned and operated by a nonprofit corporation. Councilmember Sanger indicated the legal status of an entity at which charitable gambling takes place has nothing to do with the use of the proceeds. She stated she was not in favor of a separate exemption for entities that are nonprofit because their legal status is irrelevant. Councilmember Omodt stated that in his opinion, one of the goals is to keep more donations in the community and to retain more oversight of the use of charitable gambling proceeds. Councilmember Mavity stated that the current proposal is that of the 100% of charitable gambling funds that are raised, if the proceeds are not expended within the City, then 10% of those proceeds must go to the 10% Contribution Fund, and the remaining 90% can be spent however it chooses within the state law and within the trade area. She indicated she did not feel the impact to the charitable gambling organizations would be that dramatic. City Council Meeting of October 4, 2010 (Item No. 3a) Page 5 Subject: Special City Council Meeting Minutes September 13, 2010 Councilmember Finkelstein stated that the Council has previously expressed concern about who was getting the charitable gambling proceeds and how those proceeds were being spent. He indicated he felt that an exemption should be given to the American Legion as a nonprofit establishment. Councilmember Sanger stated that there would be nothing to stop an organization from filing for nonprofit status in order to qualify for an exemption. Mr. Harmening reminded the Council that the City is not the authority that determines whether a particular organization’s expenditures are permissible or lawful, that authority rests with the State. Councilmember Ross stated that she felt it was important to support the American Legion. Councilmember Mavity asked if a nonprofit owner and operator of charitable gambling, like the American Legion, can be the recipient of those charitable gambling funds. She stated if the answer is yes, then this issue is moot. Ms. Gohman agreed to research Councilmember Mavity’s question and report back to Council. Councilmember Omodt asked what would happen if the Council took no action on this particular issue. He stated the intent of the Council was not to micromanage the charitable gambling operations in the City as well as to keep as much of the charitable gambling proceeds in the community. It was the consensus of the City Council to direct staff to prepare separate motions for Council consideration of the proposed gambling ordinance amendments regarding the local gambling tax increase, a 10% Contribution Fund requirement, and exemptions for those organizations who expend 100% of their lawful purpose expenditures within the City of St. Louis or for those organizations where gambling occurs on a premises owned or operated by a nonprofit corporation. 6. Discussion on 2011 Budget, Capital Improvement Plan, Long Range Financial Management Plan, Utility Rates, Franchise Fees, and Final Levies Mr. Harmening presented the staff report and stated since the time of Council’s adoption of the preliminary tax levy on September 7th, staff has received information from the County with respect to the fiscal disparities pool that will impact the tax levy. He advised that the City’s tax base remained stable, particularly in the commercial and industrial areas, and this will result in a larger contribution to the fiscal disparities pool. He added that any change to the maximum tax levy will not impact the final 2011 budget and relates only to the truth in taxation notices mailed to residents later this year. Mr. Swanson reviewed the City’s net tax capacity, approximately $56 million, which drives the City’s tax rate. He advised that the City’s net tax capacity has changed due to changes in market value, changes in fiscal disparities, and changes in TIF tax capacity, resulting in the City’s increased net contribution to the fiscal disparities pool of $2.7 million, or an increase of 125%. City Council Meeting of October 4, 2010 (Item No. 3a) Page 6 Subject: Special City Council Meeting Minutes September 13, 2010 Mr. Bultema explained the rationale for the fiscal disparities pool and the impact of the City’s TIF districts coming on line. Mr. Swanson discussed the County’s fiscal disparities calculation and stated that the City’s contribution increased by approximately $1.5 million. He explained that the City’s commercial properties decreased in value less than other metro communities and the City experienced more new development and redevelopment than other communities. He advised that the City’s TIF capacity increased by approximately $367,000 due to projects like the West End, and as taxable market valuations increased the City’s fiscal disparities contribution increased. He presented information regarding estimated City taxes for 2011 based on a 4.88% levy using the revised net tax capacity. He also presented information regarding various levy amounts and the impact of these amounts on the 2011 and projected 2012 budgets. He stated that the 2012 budget will be significantly impacted by the fire station debt service. It was the consensus of the City Council to not make any changes to the 2011 budget, including the 2011 preliminary property tax levy. Councilmember Sanger encouraged staff to provide residents with information before the truth in taxation notices are mailed regarding the Council’s discussion and how the fiscal disparities pool impacts their share of property taxes. Councilmember Finkelstein requested that the Council continue to monitor the 2011 budget as it relates to the contract with Golden Valley. He also requested that the Council continue to discuss the 2012 budget as it relates to the City’s bonding for the fire stations. He stated that it will be important for the Council to remain cognizant of any budget impacts as a result of legislative actions and the impact of State budget cuts on the City and its ability to provide services. Councilmember Mavity requested that the Council hold a discussion regarding potential budget cuts and the implication of those budget cuts to the City. 7. Communications/Meeting Check-in (Verbal) There were no communications. The City Council conducted its meeting check-in. The meeting adjourned at 9:21 p.m. Written Reports provided and documented for recording purposes only: 8. Proposed Rental Licensing Ordinance Changes 9. Eliot School Draft Design Guidelines 10. Liquor License Application – El Gordo Uno, Inc. Historical Information ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 4, 2010 Agenda Item #: 3b UNOFFICIAL MINUTES SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 13, 2010 1. Call to Order Mayor Jacobs called the meeting to order at 9:22 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), Deputy City Manager/Human Resources Director (Ms. Gohman), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), City Assessor (Mr. Bultema), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). 1a. Roll Call 2. Resolutions, Ordinances, Motions and Discussion Items 2a. 2011 Preliminary Budget and Property Tax Levy Update Council discussed the 2011 Preliminary Budget and Property Tax Levy. No action was taken. 3. Adjournment It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adjourn the meeting. The motion passed 7-0. The meeting adjourned at 9:24 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 4, 2010 City Council 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: Appointing Student Election Judges and Additional Regular Election Judges for the 2010 General Election. RECOMMENDED ACTION: Motion to adopt a resolution appointing student election judges and additional regular election judges needed to staff the polls at the General Election to be held November 2, 2010. POLICY CONSIDERATION: None BACKGROUND: On June 21, Council adopted Resolution No. 10-064 appointing judges for the Primary and General Elections of 2010. Since that time, our office has worked with the staff of St. Louis Park High School and Benilde/St. Margaret’s High School to recruit and train student judges. This resolution appoints 85 student judges along with additional regular judges recruited to serve on November 2nd and on the absentee ballot board. The names of these additional election judges are being presented for approval by the attached resolution. The total number of election judges serving for the General Election is approximately 230. In an effort to accommodate judges unable to work the entire 15-18 hour day, many of our judges will be working half day shifts. The City Clerk’s office is required to administer a minimum of 2.5 hours of training to each person serving as an election judge and an additional 1 hour of training for those serving as Chair and Co-Chair Judges. Currently, there are approximately 30,000 registered voters in St. Louis Park FINANCIAL OR BUDGET CONSIDERATION: Election expenses for judges are included in the adopted 2010 budget and judges pay has remained the same for many years. Election judge hourly pay is as follows: $8.00 student judges, $8.25 regular judges, $9.25 co-chair judges and $9.75 chair judges. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community through recruitment and training of community members to serve as Student Election Judges and Regular Election Judges. Attachments: Resolution Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager City Council Meeting of October 4, 2010 (Item 4a) Page 2 Subject: Appointing Student Election Judges and Additional Election Judges for the 2010 General Election RESOLUTION NO. 10-_____ RESOLUTION APPOINTING STUDENT ELECTION JUDGES AND ADDITIONAL REGULAR ELECTION JUDGES TO SERVE AT THE GENERAL ELECTION ON NOVEMBER 2, 2010 WHEREAS, The 2010 General Election is to be held on November 2, 2010 and the City must act to appoint judges of the election by resolution of the City Council; and WHEREAS, Resolution No. 10-064 was adopted on June 21, 2010; and WHEREAS, student judges have been recruited as well as additional judges need to staff the polls on Election Day or to serve on the absentee ballot board: NOW THEREFORE BE IT RESOLVED, that in addition to the persons appointed by Resolution 10-064, the following persons have agreed to serve as Student Trainee Election Judges: First Name Last Name Marcus Barone Caleb Barthel Nico Basic Evan Battle Carissa Beers Evan Beyer Jessica Bigibindavyi Mary Biglow Jared Bloomfield Allison Boettcher Alexander Borash Ella Brakob Kelsey Brown Lydia Brubaker Tyler Burns Brodersen Ellen Carisch Emily Casey Hannah Corbett Mara Daly Patrick Daly Sam Dayton Matt Dembosky Chris Flood Scott Foltz Amanda Gales Hannah Geressu Becky Germscheid Sofia Gonzalez-Baldwin Kevin Greening John Hansen Robin Heider Grace Helgager First Name Last Name Thaine Heller Amelia Hogan Martha Hogan Diana Hurley Anthony Huyck Devin Johnson Tim Keogh Erika Kjos Meghan Klatt Annie Kluis Mirian Lema Kathryn Martin Olivia Martinson Zak Matthews Gillian Maxson Shreya Mehta Alex Meier Jacob Meier Reid Meuwissen Lauren Meyer Elizabeth Miller Tyler Mullen Chris Oestreich Sam Paquette Alex Polach Tiana Press Jon Prieto Kirby Pucket, Jr. Kyle Ribich Maxfield Rotent Megan Sawatzky Michaela Shapiro City Council Meeting of October 4, 2010 (Item 4a) Page 3 Subject: Appointing Student Election Judges and Additional Election Judges for the 2010 General Election First Name Last Name Theresa Sheehan Jenna Sheldon Ashley Slattery Megan Smith Grace Steffenhagen Donald Stephens Jake Stewart Eric Swabey-Keith Joseph Theilen Chelsea Theilmann Jack Tift Becca Tourville First Name Last Name Justin Towers Melissa Vandersteen Nick Visneski Emma Vitale Shane Wagner Emma Walker Charlotte Waterhouse Samuel Weisner Donyelle Williams Henry Williams Matt Woelfel Jordan Zinda LET IT BE FURTHER RESOLVED that the following persons are hereby appointed as additional Regular Election Judges: Precinct First Name Last Name 2 Katherine Kloehn 3 William Kenyon 5 Helen Lipets 6 Dana Uhrig-Fox 7 Bill Allen 8 Roger Grisim 8 John Davis 8 Carolyn Turk 9 Melissa Connell 10 William Robinson 11 Kimball Justesen 11 Lillian Goltzman 13 Edward Kasan Precinct First Name Last Name 13 Patricia Davis 14 Beverly Fricke 15 Annette St. Lawrence 15 Cecile Javinsky 17 Alpha Jarju Alternate Dell Askegaard Alternate Thomas Babcock Alternate Shammi Lochan Alternate Mary Jo Lochan Alternate Steve Rasmussen Alternate Richard Struxness Alternate Richard Sworsky Additional Absentee Ballot Board Judges First Name Last Name Debbie Fischer Darla Monson Lori Vail Tricia Wegner-Koense Reviewed for Administration Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk Meeting Date: October 4, 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: Imposing Civil Penalties for Liquor License Violations. RECOMMENDED ACTION: Motion to adopt the following Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager: • Resolution imposing civil penalty for liquor license violation on August 24, 2010 at Taste of India, 5617 Wayzata Blvd. • Resolution imposing civil penalty for liquor license violation on August 24, 2010 at TGI Friday’s, 5875 Wayzata Blvd. • Resolution imposing civil penalty for liquor license violation on August 24, 2010 at Crave, 1603 West End Blvd. • Resolution imposing civil penalty for liquor license violation on August 26, 2010 at Trader Joe’s, 4500 Excelsior Blvd. • Resolution imposing civil penalty for liquor license violation on August 27, 2010 at Vescio’s Cucina, 4001 State Highway 7. POLICY CONSIDERATION: Does the City Council concur with the administrative hearing decision of the City Manager to impose penalties for liquor license violations occurring on August 24, August 26 and August 27, 2010 at five establishments in St. Louis Park? If the City Council should disagree with the City Manager’s recommendation, a hearing would need to be scheduled for the Licensee to appear before the City Council for further consideration. BACKGROUND: As required by state statute, liquor compliance checks were conducted by the St. Louis Park Police Department in August 2010. Under the direction of Police officers, an underage buyer attempted to purchase alcoholic beverages at the 48 licensed establishments throughout the city. Five of the licensed establishments failed the compliance check. Citations were issued to the server involved in each case and forwarded to Hennepin County District Court for consideration of criminal penalties. The City is responsible for imposing civil penalties on the business establishment that failed the compliance check. Minnesota Statutes 340A.415 limits civil penalty fees of up to $2,000 for each violation. Ordinance No. 2329-07 adopted May 7, 2007 by the City Council states the presumptive civil penalties for the violations of selling alcohol to an underage person are as follows: City Council Meeting of October 4, 2010 (Item No. 4b) Page 2 Subject: Imposing Civil Penalty for Liquor License Violations 1st Violation 2nd Violation within 3 yrs 3rd Violation Within 3 yrs 4th Violation Within 3 yrs $2,000 $2,000 and 1 day suspension $2,000 and 3 day suspension Revocation Administrative Process Liquor license violators can choose to appear at an administrative hearing before the City Manager or appeal directly to the City Council. Four establishments with liquor violations appeared at the administrative hearings held on September 17, 2010 and one appeared on September 21, 2010. At those hearings the City Manager, City Clerk, and Lieutenant Harcey reviewed each violation in detail and discussed preventive measures that could be taken to ensure that future violations do not occur. Lieutenant Harcey discussed training provided by the St. Louis Park Police Department. At the end of each hearing a penalty fine was determined by the City Manager in accordance with the City’s ordinance. All License holders signed stipulations agreeing to the facts of their case and accepting the fine imposed. The establishments and fines set are as follows: Establishment Name Address Violation Date Number of Violations within 3 years Fine/Penalty Crave 7924 State Highway 7 8/24/10 1 $ 2,000 Taste of India 5617 Wayzata Blvd 8/24/10 1 $ 2,000 TGI Friday’s 5875 Wayzata Blvd 8/24/10 1 $ 2,000 Trader Joe’s 4500 Excelsior Blvd 8/26/10 1 $ 2,000 Vescio’s 4001 State Hwy 7 8/27/10 2 $ 2,000 and 1 day liquor license suspension which occurred on Tuesday, September 28, 2010 FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable Attachments: Resolutions Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager City Council Meeting of October 4, 2010 (Item No. 4b) Page 3 Subject: Imposing Civil Penalty for Liquor License Violations RESOLUTION NO. 10 -______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURRING AUGUST 24, 2010 AT TASTE OF INDIA 5617 WAYZATA BLVD WHEREAS, on August 24, 2010, a liquor license violation, sale of liquor to a minor, occurred at Taste of India, located at 5617 Wayzata Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within three years; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of October 4, 2010 (Item No. 4b) Page 4 Subject: Imposing Civil Penalty for Liquor License Violations RESOLUTION NO. 10 -______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURRING AUGUST 24, 2010 AT TGI FRIDAY’S 5875 WAYZATA BLVD WHEREAS, on August 24, 2010, a liquor license violation, sale of liquor to a minor, occurred at TGI Friday’s, located at 5875 Wayzata Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within three years; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of October 4, 2010 (Item No. 4b) Page 5 Subject: Imposing Civil Penalty for Liquor License Violations RESOLUTION NO. 10 -______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURRING AUGUST 24, 2010 AT CRAVE 1603 WEST END BLVD WHEREAS, on August 24, 2010, a liquor license violation, sale of liquor to a minor, occurred at Crave, located at 1603 West End Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within three years; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of October 4, 2010 (Item No. 4b) Page 6 Subject: Imposing Civil Penalty for Liquor License Violations RESOLUTION NO. 10 -______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURRING AUGUST 26, 2010 AT TRADER JOE’S 4500 EXCELSIOR BLVD WHEREAS, on August 26, 2010, a liquor license violation, sale of liquor to a minor, occurred at Trader Joe’s, located at 4500 Excelsior Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within three years; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of October 4, 2010 (Item No. 4b) Page 7 Subject: Imposing Civil Penalty for Liquor License Violations RESOLUTION NO. 10 -______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURRING AUGUST 27, 2010 AT VESCIO’S CUCINA 4001 STATE HIGHWAY 7 WHEREAS, on August 27, 2010, a liquor license violation, sale of liquor to a minor, occurred at Vescio’s Cucina, located at 4001 State Highway 7 in St. Louis Park; and WHEREAS, the liquor license violation was the second occurrence at this establishment within three years; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 and one day liquor license suspension to be on Tuesday, September 28, 2010 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk Meeting Date: October 4, 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: Second Reading of Ordinance Adopting Fees for 2011. RECOMMENDED ACTION: Motion to Adopt Second Reading of Ordinance adopting fees for 2011 as outlined in Appendix A of the City Code of Ordinances, approve summary, and authorize publication. POLICY CONSIDERATION: Does the Council agree with the proposed revisions to the 2011 fee schedule to reflect adjustments to fees charged for programs and services called for by ordinance? BACKGROUND: Sec. 1-19 of the St. Louis Park Ordinance Code states that fees called for within individual provisions of the Code are to be set by ordinance and listed as Appendix A of the Code. Each year our fees are reviewed by departments prior to renewal and as part of our budget process. Some fees must be set and adjusted in accordance with our ordinance; other fees are allowed to be set administratively. All fees are reviewed based on comparison to other cities in the metro area, changes in regulation(s) and to make sure our business costs are covered for such service. The Administrative Services Department has worked with individual departments to complete this review and their recommendations are included in the attached ordinance. On September 20, 2010, Council approved first reading of the fee schedule and set second reading for October 4, 2010. If approved, the fee increases will be effective January 1, 2011. Fees, rates and charges called for by resolution or set by a department, are not required by law to be included in the Appendix A City Code fee schedule. Utility fees for 2011 water, sewer, storm water, and solid waste rates are scheduled for approval later this year. FINANCIAL OR BUDGET CONSIDERATION: Each Department Director has reviewed Appendix A of the City Code. Fire Department, Information Resources, Police Department are recommending no increase in their fees for 2011. The Inspections and Community Development Departments have each proposed fee increases which are the shown in Appendix A (attached). Unless otherwise noted, proposed fee increases reflect the increased costs of providing services. The proposed fee increases have been incorporated into the proposed 2011 budget. Community Development Department Community Development is proposing one change of additional language to clarify installation of permanent signs to include signs with and without footings and separate fees for each. City Council Meeting of October 4, 2010 (Item No. 4c) Page 2 Subject: Second Reading of an Ordinance Adopting Fees for 2011 Inspections Department Permit and license fees proposed by the Inspections Department were increased when appropriate consistent with the “fee for service” program philosophy. A combination of related costs, recent increases, comparative fees in other cities, and customer resistance to continual increasing charges are also factored into the process. As a result of this evaluation, one fee is recommended to decrease, some fees are proposed to remain unchanged, and others increased the suggested 2-3% inflationary adjustment. Some fees increase slightly more as a result of rounding up the fee to the nearest $5.00. Food and Beverage Licenses The net effect of all proposed fee changes for Food and Beverage Licenses and an increase in the number of licensed establishments, will result in an increase of $12,635 in projected 2011 revenue. Food Class Low The Food Class Low license is issued for prepackage food sales and minor food preparation only. The proposal for 2011 is to decrease the current license fee from $300 to $225. Inquiries were received as to the seemingly high cost of our Food Low license fee of $300, resulting from a older time spent analysis and inflationary creep over the years. Staff time spent on the average facility for licensing, inspection, and follow-up has not been as intensive as the fee would indicate. Decreasing this fee brings the charge in line with the services being provided to the average business with this class of license. Food Class High + and Large Grocery Store (25,000 sq ft+) The Food Class High license is for establishments with onsite food preparation and dining services along with certain sized grocery stores. A 6% increase is proposed due to the significant amount of time utilized at these larger, more complex establishments by inspectors for routine annual inspection, follow-up inspections, and complaint investigations occurring over the year. Mechanical Competency Card What initially appears to be a rather large 20% increase from the current fee of $25 to the proposed fee of $30 actually amounts to only a $1.67 per year since the Card is valid for 3 years. A current code requirement for contractors renewing is for the cardholder to complete 6 hours of education. The fee covers not only the administrative processing time, but also continuing education classes provided yearly by City staff on Mechanical Code requirements and updates. VISION CONSIDERATION: None at this time. Attachments: Ordinance Summary Publication Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Deno Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of October 4, 2010 (Item No. 4c) Page 3 Subject: Second Reading of an Ordinance Adopting Fees for 2011 ORDINANCE NO. ____-10 ORDINANCE ADOPTING FEES FOR CALENDAR YEAR 2011 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Fees called for within individual provisions of the City Code are hereby set by this ordinance for calendar year 2011. Section 2. The Fee Schedule as listed below shall be included as Appendix A of the City Code and shall replace those fees adopted November 2, 2009 by Ordinance No. 2378-09 which is hereby rescinded. CITY CLERK'S OFFICE Administrative Penalties First Violation $25 Each Subsequent in Same Calendar Year add $10 to previous fine COMMUNITY DEVELOPMENT DEPARTMENT Amendment Filing Fee Single Family $50 Other Uses $120 Amendment Time Extension $75 Comprehensive Plan Amendments $2,000 Conditional Use Permit $2,000 Major Amendment $2,000 Minor Amendment $1,000 Fence Permit Installation $15 Numbering of Buildings (New Addresses) $50 Official Map Amendment $500 Parking Lot/Driveway Permit Installation/Reconstruction $75 Planned Unit Development Preliminary PUD $2,000 Final PUD $2,000 Prelim/Final PUD Combined $2,250 PUD - Major Amendment $2,000 PUD - Minor Amendment $1,000 Registration of Land Use $50 Sign Permit Erection of Temporary Sign $30 Erection of Real Estate, Construction Sign 40+ ft $30 Installation of Permanent Sign without footings $75 City Council Meeting of October 4, 2010 (Item No. 4c) Page 4 Subject: Second Reading of an Ordinance Adopting Fees for 2011 In stallation of Permanent Sign with footings $100 Special Permits Major Amendment $2,000 Minor Amendment $1,000 Subdivision Dedication Park Dedication (in lieu of land) Commercial/Industrial Properties 5 percent of current market value of the unimproved land as determined by city assessor Multi-family Dwelling Units $1,500 per dwelling unit Single-family Dwelling Units $1,500 per dwelling unit Trails $225 per residential dwelling unit Subdivisions/Replats Preliminary Plat $500 plus $50 per lot Final Plat $300 Combined Process and Replats $750 plus $25 per lot Exempt and Administrative Subdivisions $300 Tree Replacement Cash in lieu of replacement trees $115 per caliper inch Traffic Management Plan Administrative Fee $0.10 per sq ft of gross floor Variances Commercial $500 Residential $300 Zoning Appeal $300 Zoning Letter $50 Zoning Map Amendments $2,000 Zoning Permit Accessory Structures, 120 ft or less $25 Zoning Text Amendments $2,000 FIRE DEPARTMENT Fireworks Display Permit Actual costs incurred Service Fees Service Fee for fully-equipped and staffed vehicles $500 per hour for a ladder truck $325 per hour for a full-size fire truck $255 per hour for a rescue unit Service Fee of a Chief Officer $100 per hour Tent Permit Tent over 200 sq. ft. $75.00 Canopy over 400 sq. ft. $75.00 INSPECTIONS DEPARTMENT Building Demolition Deposit 1 & 2 Family Residential & Accessory Structures $2,500 All Other Buildings $5,000 City Council Meeting of October 4, 2010 (Item No. 4c) Page 5 Subject: Second Reading of an Ordinance Adopting Fees for 2011 Building Demolition Permit 1 & 2 Family Residential & Accessory Structures $150 All Other Buildings $220 Building Moving Permit $500 Business Licenses Billboards $140 per billboard Commercial Entertainment $270 $275 Courtesy Bench $45 Dog Kennel $140 $145 Environmental Emissions $305 $310 Lodging (Hotel/Motel) Building Fee $155 $160 Unit Fee $9 $9.25 Massage Therapy Establishment $325 Massage Therapy License $95 Therapists holding a Massage Therapy Establishment License $25 Pawnbroker License Fee $2,000 Per Transaction Fee $1.50 Investigation Fee $1,000 Penalty $50 per day Sexually Oriented Business Investigation Fee (High Impact) $500 High Impact $4,500 Limited Impact $125 Tobacco Products & Related Device Sales $485 Vehicle Parking Facilities Enclosed Parking $200 $205 Parking Ramp $150 $155 Certificate of Occupancy For each condominium unit completed after building occupancy $100 Change of Use (does not apply to 1 & 2 family dwellings) Up to 5,000 sq ft $280 5,001 to 25,000 sq ft $440 25,001 to 75,000 sq ft $650 75,001 to 100,000 sq ft $860 100,000 to 200,000 sq ft $1,070 above 200,000 sq ft $1,280 Temporary Certificate of Occupancy $50 Certificate of Property Maintenance Certificate of Property Maintenance Extension $50 Change in Ownership City Council Meeting of October 4, 2010 (Item No. 4c) Page 6 Subject: Second Reading of an Ordinance Adopting Fees for 2011 Single Family Dwellings $210 $215 Duplex (2 Family dwellings) $295 Condominium Unit $130 $135 Multi-Family (apartment) Buildings $250 per building + $12 per unit All Other Buildings: Up to 5,000 sq ft $280 $290 5,001 – 25,000 sq ft $440 25,001 to 75,000 sq ft $650 75,001 to 100,000 sq ft $860 100,000 to 200,000 sq. ft $1,070 above 200,000 sq. ft $1,280 Temporary Certificate of Property Maintenance $60 Construction Permits (building, electrical, fire protection, mechanical, plumbing, pools, utilities) Building and Fire Protection Permits Valuation Up to $500 Base Fee $42.25 $500.01 to $2,000.00 Base Fee $42.25 plus $1.80 for each additional(or fraction thereof) $100 over $500.01 $2,000.01 to $25,000.00 Base Fee $69.25 plus $14.00 for each additional (or fraction thereof) $1,000 over $2,000.01 $25,000.01 to $50,000.00 Base Fee $391.25 plus $10.10 for each additional (or fraction thereof) $1,000 over $25,000.01 $50,000.01 to $100,000.00 Base Fee $643.75 plus $7.00 for each additional (or fraction thereof) $1,000 over $50,000.01 $100,000.01 to $500,000.00 Base Fee $993.75 plus $5.60 for each additional (or fraction thereof) $1,000 over $100.000.01 $500,000.01 to $1,000,000.00 Base Fee $3,233.75 plus $4.75 for each additional (or fraction thereof) $1,000 over $500,000.01 $1,000,000.01 and up Base Fee $5,608.75 plus $4.25 for each additional (or fraction thereof) $1,000 over $1,000,000.01 Electrical Permit Installation, Replacement, Repair $42.50 $43 + 1.75% of job valuation Installation of traffic signals per location $150 Single family, one appliance $42.50 $43 Erosion Control Permit Application and Review $150 City Council Meeting of October 4, 2010 (Item No. 4c) Page 7 Subject: Second Reading of an Ordinance Adopting Fees for 2011 ISTS Permit (sewage treatment system install or repair) $125 Mechanical Permit Installation, Replacement, Repair $42.50 $43 + 1.75% of job valuation Mechanical Permit (cont'd.) Single Family Exceptions: Replace furnace, boiler or furnace/AC $60.00 Install single fuel burning appliance with piping $60.00 Install, replace or repair single mechanical appliance $42.50 $43 Plumbing Permit Installation, Replacement, Repair $42.50 $43 + 1.75% of job valuation Single Family Exceptions: Repair/replace single plumbing fixture $42.50 $43 Private Swimming Pool Permit Building permit fees apply Public Swimming Pool Permit Building permit fees apply Sewer and Water Permit (all underground private utilities) Installation, Replacement, Repair $42.50 $43 + 1.75% of job valuation Single Family Exceptions: Replace/repair sewer or water service $71.50 $73 Competency Exams Fees Mechanical per test $30 Renewal - 3 year Mechanical $25 $30 Contractor Licenses Mechanical $95 Solid Waste $195 Tree Maintenance $85 Dog Licenses 1 year $25 2 year $37 3 year $50 Potentially Dangerous Dog License – 1 year $100 Dangerous Dog License – 1 year $250 Interim License $15 Off-Leash Dog Area Permit (non-resident) $55 Penalty for no license $40 Food and Beverage Equipment Permit Installation (used equipment valued as new) $50 + 1.75% permit valuation Plan Review Fee 35% of permit fee Food and Beverage Licenses Class E (multi-site educational facilities) $2,800 High + & large grocery store (25,000 sq ft +) $1,250 $1,325 City Council Meeting of October 4, 2010 (Item No. 4c) Page 8 Subject: Second Reading of an Ordinance Adopting Fees for 2011 High + small grocery store (to 25,000 sq ft) $900 $925 Class H (establishment with on-site preparation of food and dining service) $850 Class L - (prepackaged food) $300 $225 Class M - (coffee shop) $580 Class V - (food vending machine) $15 Temporary Food Service 3+ days $150 1 to 3 days $100 Concession - Seasonal (Class S) $180 Prepackaged Food Only $40 Inspections After Hours Inspections $65 per hour (minimum 2 hrs.) Installation of permanent sign w/footing inspection Based on valuation using building permit table Re-Inspection Fee (after correction notice issued and has not been corrected within 2 subsequent inspections) $130 Insurance Requirements Circus $1,000,000 General Liability Commercial Entertainment $1,000,000 General Liability Mechanical Contractors $1,000,000 General Liability Solid Waste $1,000,000 General Liability Tree Maintenance & Removal $1,000,000 General Liability Vehicle Parking Facility $1,000,000 General Liability ISTS Permit Sewage treatment system install or repair $125 License Fees - Other Investigation Fee $300 per establishment requiring a business license Late Fee 25% of license fee (minimum $50) License Reinstatement Fee $250 Transfer of License (new ownership) $75 Plan Review Building Permits 65% of Permit Fee Repetitive Building 25% of Permit Fee for Duplicate Structure Electrical Permits 35% of Permit Fee Mechanical Permits 35% of Permit Fee Plumbing Permits 35% of Permit Fee Sewer & Water Permits 35% of Permit Fee Single Family Interior Remodel Permits 35% of Permit Fee Public Sanitary Facilties - Swimming Pools, Whirlpool, Sauna (Dry or Steam), Public Bath or Shower, Training Beds or Similar Facilities Class I $800 $820 Class II $440 $450 City Council Meeting of October 4, 2010 (Item No. 4c) Page 9 Subject: Second Reading of an Ordinance Adopting Fees for 2011 Class III $280 $285 Rental Housing License Single Family Unit $95 per dwelling unit Duplex both sides non-owner occupied $145 per duplex Housing Authority owned single family dwelling units $15 per unit Condominium/Townhouse/ Cooperative $75 per unit Multiple Family Per Building $155 $160 Per Unit $10 $10.25 Temporary Noise Permit $60 Temporary Use Permits Amusement Rides, Carnivals & Circuses $260 Commercial Film Production Application $80 Petting Zoos $60 Temporary Outdoor Retail Sales $110 Vehicle Decals Catering $75 Solid Waste $20 Tree Maintenance & Removal $8 POLICE DEPARTMENT Animals Animal Impound Initial impoundment $25 2nd offense w/in year $40 3rd offense w/in year $50 4th offense w/in year $75 Boarding Per Day $25 Dangerous Dog Annual Review Hearing $250 Potentially Dangerous Dog Annual Review Hearing $100 Criminal Background Investigation Volunteers & Employees $5 False Alarm First $0 Each subsequent in same year $100 Late payment fee 10% Solicitor/Peddler Registration $150 Vehicle Forfeiture Administrative fee in certain vehicle forfeiture cases $250 PUBLIC WORKS DEPARTMENT Installation/repair of Sidewalk, Curb Cut or Curb and Gutter Permit $10 per 10 linear feet Administrative Fee (all permits) $50 City Council Meeting of October 4, 2010 (Item No. 4c) Page 10 Subject: Second Reading of an Ordinance Adopting Fees for 2011 Permit to Exceed Vehicle Weight Limitations (MSC) $30 each Record Deed Transfer with Hennepin County $120 + Recording Cost Winter Parking Permit Caregiver parking $25 No off-street parking available No Charge Off-street parking available $125 Street, Alley, Utility Vacations $300 Work in Public Right-of-Way Permit Administrative Fee (all permits) $50 Hole in Roadway/Blvd (larger than 10" diameter) $50 per hole Trenching in Roadway $400 per 100 linear feet (minimum $400) Trenching in Boulevard $200 per 100 linear feet (minimum $200) Section 3. This ordinance shall take effect January 1, 2011. Public Hearing/First Reading September 20, 2010 Second Reading October 4, 2010 Date of Publication October 14, 2010 Date Ordinance takes effect January 1, 2011 Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney City Council Meeting of October 4, 2010 (Item No. 4c) Page 11 Subject: Second Reading of an Ordinance Adopting Fees for 2011 SUMMARY ORDINANCE NO. _____-10 AN ORDINANCE ADOPTING FEES CALLED FOR BY ORDINANCE FOR CALENDAR YEAR 2011 This ordinance sets 2011 fees as outlined in Appendix A of the City Code of Ordinances. The fee ordinance is modified to reflect the cost of providing services and is completed each year to determine what, if any, fees require adjustment. This ordinance shall take effect January 1, 2011. Adopted by the City Council October 4, 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: October 14, 2010 Meeting Date: October 4, 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: Daniel Kubes Retirement Recognition Resolution. RECOMMENDED ACTION: Motion to adopt Resolution to recognize Police Sergeant Dan Kubes’ retirement after 27 years of service to the City of St. Louis Park. POLICY CONSIDERATION: None. BACKGROUND: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a Resolution from the Mayor, City Manager and City Council. This consent item will officially adopt the resolution that honors Dan Kubes for his years of service. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of October 4, 2010 (Item No. 4d) Page 2 Subject: Daniel Kubes Retirement Recognition Resolution RESOLUTION NO. 10- _____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO DANIEL KUBES WHEREAS, Dan Kubes began his employment with the City of St. Louis Park over 27 years ago on September 19, 1983; and WHEREAS, Dan has served as a Patrol Officer, in several special assignments and as a Police Sergeant; and WHEREAS, Dan has earned the admiration and respect of his coworkers for his dedication, enthusiasm, professionalism, sense of humor and hard work; and WHEREAS, through his dedication, determination and leadership, Dan has earned the appreciation and respect of the organization and community; and WHEREAS, Dan will spend his retirement traveling, golfing, biking and cooking with his wife, Debbie; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this Resolution and public record, would like to thank Police Sergeant Daniel Kubes for his great contributions and over 27 years of dedicated services to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council October 4, 2010 City Manager Mayor Attest: City Clerk Meeting Date: October 4, 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 September 18, 2010 through October 1, 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 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 1Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 124.36PARK MAINTENANCE G & A GENERAL SUPPLIESA-1 OUTDOOR POWER INC 124.36 139.15GENERAL REPAIR EQUIPMENT MTCE SERVICEABM EQUIPMENT & SUPPLY INC 139.15 313.29GENERAL REPAIR EQUIPMENT MTCE SERVICEACTION FLEET INC 313.29 1,319.90WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESADVANCED ENGINEERING & ENVIRON 1,319.90 6,852.41PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIAECOM INC 6,852.41 133.86OPERATIONSEQUIPMENT MTCE SERVICEALEX AIR APPARATUS INC 133.86 346.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 346.00 225,145.67CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIALLIED BLACKTOP 225,145.67 5.57SCHOOL GROUPS GENERAL SUPPLIESALMSTEAD'S SUPERVALU 5.57 65.50POLICE G & A TELEPHONEAMERICAN MESSAGING 65.50 516.62PARK AND RECREATION BALANCE SH INVENTORYAMERICAN TIRE DISTRIBUTORS 516.62 150.87PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 88.72PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 125.75ENTERPRISE G & A GENERAL SUPPLIES 146.95VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 16.93WATER UTILITY G&A OPERATIONAL SUPPLIES 89.05SEWER UTILITY G&A OPERATIONAL SUPPLIES 14.84STORM WATER UTILITY G&A OPERATIONAL SUPPLIES 633.11 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 2 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 2Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 1,543,363.09CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIAMES CONSTRUCTION 1,543,363.09 3,479.81INSTALLATIONOTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL 3,479.81 285.25WATER UTILITY G&A GENERAL CUSTOMERSANDREW, MARK 285.25 1,126.05OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS 1,126.05 32.19COMMUNICATIONS/GV REIMBURSEABL TELEPHONEAT&T 32.19 95.00INSPECTIONS G & A MULTI-FAMILY HOUSINGATKINS, MARY 95.00 492.96GENERAL REPAIR EQUIPMENT MTCE SERVICEAUTOMOBILE SERVICE 492.96 14,800.00HOIGAARD VILLAGE - PUBLIC ART OTHER CONTRACTUAL SERVICESB&D ASSOCIATES INC 14,800.00 115.16BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSBACHMAN'S PLYMOUTH 115.16 210.00INSPECTIONS G & A MECHANICALBALSER, AMY HOERNER 210.00 194.75HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESBARNA, GUZY & STEFFEN LTD 194.75 3,500.00STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEBARR ENGINEERING CO 3,500.00 371.92PARK AND RECREATION BALANCE SH INVENTORYBATTERIES PLUS 213.73VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 585.65 84.39ARENA MAINTENANCE BLDG/STRUCTURE SUPPLIESBECKER ARENA PRODUCTS 84.39 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 3 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 3Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 1,400.00GO BONDS-FIRE STATIONS G&A RENTAL BUILDINGSBELT LINE PROPERTIES INC 1,400.00 176.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESBLOOMINGTON, CITY OF 176.00 2,187.50PARK AND RECREATION BALANCE SH INVENTORYBOYER TRUCK PARTS 2,187.50 1,311.25ENGINEERING G & A ENGINEERING SERVICESBRAUN INTERTEC CORPORATION 1,267.75GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 2,579.00 241.42NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBROOKSIDE NEIGHBORHOOD ASSN 241.42 1,062.51PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESBRYAN ROCK PRODUCTS INC 1,062.51 741.00OPERATIONSRADIO COMMUNICATIONSCALHOUN TOWERS APTS 741.00 390.91-FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 250.84PARK MAINTENANCE G & A HEATING GAS 20.06WESTWOOD G & A HEATING GAS 20.06NATURALIST PROGRAMMER HEATING GAS 1,812.67WATER UTILITY G&A HEATING GAS 15.86-REILLY G & A HEATING GAS 30.34SEWER UTILITY G&A HEATING GAS 1,727.20 11,724.72ENTERPRISE G & A HEATING GASCENTERPOINT ENERGY SERVICES IN 11,724.72 10,000.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,000.00 69.51-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 60.00ADMINISTRATION G & A TRAINING 182.91HUMAN RESOURCES GENERAL SUPPLIES 285.44HUMAN RESOURCES RECOGNITION City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 4 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 4Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 142.28HUMAN RESOURCES CITE 19.90DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES 178.61FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT .60-FINANCE G & A MISC REVENUE 388.00COMM DEV PLANNING G & A TRAINING 48.27POLICE G & A OPERATIONAL SUPPLIES 286.06POLICE G & A POLICE EQUIPMENT 24.00POLICE G & A MEETING EXPENSE 887.24E-911 PROGRAM POLICE EQUIPMENT 53.63OPERATIONSOFFICE SUPPLIES 682.40OPERATIONSGENERAL SUPPLIES 168.00OPERATIONSFIRE PREVENTION SUPPLIES 733.24OPERATIONSOPERATIONAL SUPPLIES 680.00OPERATIONSEMERGENCY PREPAREDNESS 398.00SAFETY SERVICES SEMINARS/CONFERENCES/PRESENTAT 7.98-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 126.07ORGANIZED REC G & A GENERAL SUPPLIES 2,427.00ORGANIZED REC G & A TRAINING 8.57ADULT PROGRAMS GENERAL SUPPLIES 28.97SUMMER PLAYGROUNDS OTHER CONTRACTUAL SERVICES 15.64WESTWOOD G & A OFFICE SUPPLIES 265.79WESTWOOD G & A GENERAL SUPPLIES 65.10FAMILY PROGRAMS GENERAL SUPPLIES 43.79BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 1,458.60INSTRUCTIONAL SKATING LESSONS OPERATIONAL SUPPLIES 265.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 5.13SOLID WASTE COLLECTIONS GENERAL SUPPLIES 380.00SOLID WASTE RECYCLING GRANT SEMINARS/CONFERENCES/PRESENTAT 100.00GROUNDS MAINTENANCE/REPAIR SEMINARS/CONFERENCES/PRESENTAT 220.91TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 6.63TECHNOLOGY REPLACEMENT BANK CHARGES/CREDIT CD FEES 10,557.09 159.95IT G & A DATACOMMUNICATIONSCOMCAST 159.95 107.86TRAININGOTHER CONTRACTUAL SERVICESCOMMISSIONER OF TRANSPORTATION 2,482.87CE MATERIALS TESTING IMPROVEMENTS OTHER THAN BUILDI 2,590.73 3,742.50PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCONCRETE ETC INC 501.25UNINSURED LOSS G&A UNINSURED LOSS City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 5 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 5Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 4,243.75 5.46-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCOOKE JP CO 84.86FINANCE G & A OFFICE SUPPLIES 79.40 37.04-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCREATIVE PRODUCT SOURCING INC 575.87DARE PROGRAM OPERATIONAL SUPPLIES 538.83 32.14WATER UTILITY G&A GENERAL CUSTOMERSCRIMSON DESIGN & BUILDERS LLC 32.14 385.00SOCCEROTHER CONTRACTUAL SERVICESCRONIN, SEAMUS 385.00 114.99POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS 114.99 875.00SOFTBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 875.00 77.80INSPECTIONS G & A MECHANICALCUSTOM REMODELERS INC 77.80 2,704.11WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 2,704.11 100.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESDERCKS, SCOTT 100.00 32.34ROUTINE MAINTENANCE GENERAL SUPPLIESDISCOUNT STEEL INC 32.34 10,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 10,000.00 804.45SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 804.45 2,000.002005A GO IMPROVEMENT BOND G&A OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 2,000.00 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 6 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 6Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 1,472.85PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICEEMERGENCY APPARATUS MTNCE 294.57GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,767.42 640.69GENERAL REPAIR EQUIPMENT MTCE SERVICEENVIRONMENTAL EQUIPMENT & SERV 640.69 33,123.47TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICEESRI 33,123.47 580.19PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 580.19 8.32GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFASTENAL COMPANY 8.32 25,078.10WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESFERGUSON WATERWORKS 25,078.10 215.00SUNSET RIDGE COLLECTED BY CITYFORSELL, WENDY 215.00 1,262.50PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICESFRIEDGES LANDSCAPING INC 1,262.50 618.00ARENA MAINTENANCE BUILDING MTCE SERVICEGARTNER REFRIG & MFG INC 618.00 1,187.49WATER UTILITY G&A EQUIPMENT MTCE SERVICEGENERAL REPAIR SERVICE 1,187.49 200.48PARK AND RECREATION BALANCE SH INVENTORYGENERAL SAFETY EQUIPMENT CORP 200.48 1,022.20WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 1,022.20 139.47INSPECTIONS G & A TRAININGGRAINGER INC, WW 103.07BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 242.54 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 7 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 7Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 1,895.39WIRING REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 1,895.39 121.51WATER UTILITY G&A GENERAL CUSTOMERSGRIGGS, COLBY 121.51 100.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 100.00 2,721.54WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 5,395.00WATER UTILITY G&A OTHER 8,116.54 400.00ATHLETIC CAMPS OTHER CONTRACTUAL SERVICESHEALEY, MICHAEL 400.00 1,117.25ADMINISTRATION G & A POSTAGEHENNEPIN COUNTY ELECTIONS 1,117.25 2,240.00POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH 800.00OPERATIONSRADIO COMMUNICATIONS 256.00OPERATIONSEMERGENCY PREPAREDNESS 3,296.00 1,558.90POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFFS ACCTG 1,558.90 3,258.00POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER 3,258.00 57.20INSPECTIONS G & A MULTI-FAMILY HOUSINGHIGHVIEW PLUMBING INC 57.20 188.22PAINTINGBLDG/STRUCTURE SUPPLIESHIRSHFIELDS 188.22 60.84-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSHOIGAARD'S CUSTOM CANVAS INC 945.84AQUATIC PARK MAINTENANCE GENERAL SUPPLIES 885.00 1,078.88GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESHOME DEPOT CREDIT SERVICES 281.42ROUTINE MAINTENANCE GENERAL SUPPLIES City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 8 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 8Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 186.05SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIES 76.65BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 58.05PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 1,681.05 93.62PARK MAINTENANCE G & A GENERAL SUPPLIESHOME HARDWARE 93.62 90.08WATER UTILITY G&A GENERAL CUSTOMERSHOME TITLE INC 90.08 100.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 25.00SOFTBALLOTHER CONTRACTUAL SERVICES 125.00 207.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 225.00KICKBALLOTHER CONTRACTUAL SERVICES 432.00 325.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 500.00SOFTBALLOTHER CONTRACTUAL SERVICES 825.00 1,838.20FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIESHSBC BUSINESS SOLUTIONS 1,838.20 41,837.26SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESHUBBELL LIGHTING INC 41,837.26 162.54WATER UTILITY G&A GENERAL CUSTOMERSHUNSTAD, JOSH 162.54 1,570.25EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,570.25 2,125.00OPERATIONSRECRUITMENTIFP TEST SERVICES 2,125.00 1,154.95CABLE TV G & A OTHER CONTRACTUAL SERVICESIMPLEX.NET INC 1,154.95 950.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTINSIGHT EDGE City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 9 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 9Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 950.00 2,420.94IT G & A TELEPHONEINTEGRA TELECOM 2,420.94 46.24PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD 1,506.10GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,552.34 360.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSIPMA-HR 360.00 10.24WATER UTILITY G&A GENERAL CUSTOMERSJ&D 14-93 LP 10.24 843.78OPERATIONSOPERATIONAL SUPPLIESJEFFERSON FIRE & SAFETY INC 843.78 35.31VEHICLE MAINTENANCE G&A GENERAL SUPPLIESJERRY'S MIRACLE MILE 35.31 101.72PARK AND RECREATION BALANCE SH INVENTORYJOHN HENRY FOSTER MN 101.72 90.00INSPECTIONS G & A ELECTRICALJZ ELECTRIC 90.00 325.00SOFTBALLOTHER CONTRACTUAL SERVICESKAUFMAN, TERRY 325.00 276.92EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 276.92 2,700.00ESCROWSPOINT OF SALE HOUSING PROGRAMKIMLEY-HORN AND ASSOCIATES, IN 2,700.00 13.83WATER UTILITY G&A GENERAL CUSTOMERSKINDLER, KIM 13.83 82.26REFORESTATION FUND OTHER CONTRACTUAL SERVICESKLEIN, BRAD & LANICA 82.26 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 10 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 10Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 356.96PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESKNOX COMPANY 356.96 43.98WATER UTILITY G&A GENERAL CUSTOMERSKOELSCH, DONNA 43.98 79.80REFORESTATION FUND OTHER CONTRACTUAL SERVICESKRAUSE, DOUGLAS & NANCY 79.80 383.75BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICEKRUGE-AIR INC 383.75 94.66WATER UTILITY G&A GENERAL CUSTOMERSKUHL, SUSAN 94.66 197.73GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESLARSON, JH CO 197.73 2,310.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,310.00 20.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSLEAGUE OF MINNESOTA CITIES 20.00 16,014.00GENERAL FUND BALANCE SHEET PREPAID EXPENSESLEAGUE OF MN CITIES 8,007.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 24,021.00 94,277.75UNINSURED LOSS B/S PREPAID EXPENSESLEAGUE OF MN CITIES INSURANCE 94,277.75 450.19EMPLOYEE FLEX SPEND G&A TUITIONLEWIS, DON 450.19 18.80WATER UTILITY G&A GENERAL CUSTOMERSLINDSAY KNOLLWOOD LLC 18.80 10,000.00ESCROWSPMC ESCROWMACKINNON, JAMES 10,000.00 107.90PARK AND RECREATION BALANCE SH INVENTORYMACQUEEN EQUIP CO 107.90 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 11 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 11Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 37,802.92CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIMAGNEY CONSTRUCTION INC 37,802.92 109.06WATER UTILITY G&A GENERAL CUSTOMERSMAGRUDER, MARTHA 109.06 230.30SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE 168.41SSD 2 G&A OTHER CONTRACTUAL SERVICES 240.59SSD 3 G&A OTHER CONTRACTUAL SERVICES 150.19SSD #4 G&A OTHER CONTRACTUAL SERVICES 789.49 138.38FINANCE G & A GENERAL SUPPLIESMATRIX LASER CARE INC 138.38 48.00INSPECTIONS G & A ELECTRICALMAYER ELECTRIC CO 48.00 80.00INSPECTIONS G & A TRAININGMBPTA 80.00 59.01WATER UTILITY G&A GENERAL CUSTOMERSMCLINN, SUSAN 59.01 40.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSMEMA 40.00 249.87ROUTINE MAINTENANCE EQUIPMENT PARTSMENARDS 22.02WESTWOOD G & A GENERAL SUPPLIES 140.57WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 412.46 58.00OPERATIONSEQUIPMENT PARTSMETRO FIRE INC 58.00 804.44BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICEMIDWAY INDUSTRIAL SUPPLY CO IN 804.44 13,556.67SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 13,556.67 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 12 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 12Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 328.83OPERATIONSGENERAL SUPPLIESMIDWEST BADGE & NOVELTY CO 328.83 1,335.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 1,335.00 652.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 652.00 1,275.48EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,275.48 21,571.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMINNESOTA DEPT HEALTH 21,571.00 760.00OPERATIONSTRAININGMINNESOTA STATE FIRE CHIEFS AS 760.00 186.38PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICEMINT CONDITION DETAILING 186.38 189.40SUPPORT SERVICES G&A OFFICE SUPPLIESMINUTEMAN PRESS 189.40 270.00TRAININGSEMINARS/CONFERENCES/PRESENTATMN FALL MAINTENANCE EXPO 270.00 320.48SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEMOBILE RADIO ENGINEERING 320.48 27.21PARK AND RECREATION BALANCE SH INVENTORYMORRIE'S PARTS & SERVICE GROUP 27.21 1,707.15COMMUNICATIONS/GV REIMBURSEABL EQUIPMENT MTCE SERVICEMOTOROLA 1,707.15 336.00SOFTBALLOTHER CONTRACTUAL SERVICESMRPA 336.00 250.00ENVIRONMENTAL G & A SEMINARS/CONFERENCES/PRESENTATMSA 250.00 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 13 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 13Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 17,855.61PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESMUSCO SPORTS LIGHTING LLC 17,855.61 250.00REILLY BUDGET OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 250.00 160.71GENERAL REPAIR GENERAL SUPPLIESMYERS TIRE SUPPLY CO 160.71 7.24ROUTINE MAINTENANCE GENERAL SUPPLIESNAPA (GENUINE PARTS CO) 1,626.59PARK AND RECREATION BALANCE SH INVENTORY 83.04PARK MAINTENANCE G & A GENERAL SUPPLIES 50.49VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 76.52WATER UTILITY G&A EQUIPMENT MTCE SERVICE 1,843.88 70.78WATER UTILITY G&A GENERAL CUSTOMERSNELSON, DAVID 70.78 250.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTNELSON, SCOTT 250.00 87.21VEHICLE MAINTENANCE G&A GENERAL SUPPLIESNEP CORP 87.21 662.50SOFTBALLOTHER CONTRACTUAL SERVICESNEUMANN, NEAL 662.50 80.54ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS 157.85HUMAN RESOURCES TELEPHONE 588.58RESEARCH & DEVELOPMENT TELEPHONE 73.54ASSESSING G & A TELEPHONE 178.16FINANCE G & A TELEPHONE 407.71EDA / HA REIMBURSEMENT TELEPHONE 1,097.48POLICE G & A TELEPHONE 525.77OPERATIONSTELEPHONE 73.54INSPECTIONS G & A TELEPHONE 266.68ENGINEERING G & A TELEPHONE 454.22PUBLIC WORKS OPS G & A TELEPHONE 168.71PARK AND REC G&A TELEPHONE 365.48ORGANIZED REC G & A TELEPHONE 402.22PARK MAINTENANCE G & A TELEPHONE City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 14 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 14Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 78.88ENVIRONMENTAL G & A TELEPHONE 308.69WESTWOOD G & A TELEPHONE 73.54REC CENTER/AQUATIC PARK SAL TELEPHONE 120.79VEHICLE MAINTENANCE G&A TELEPHONE 373.52WATER UTILITY G&A TELEPHONE 187.11SEWER UTILITY G&A TELEPHONE 39.80SOLID WASTE G&A TELEPHONE 6,022.81 1,200.00UNINSURED LOSS G&A UNINSURED LOSSNORTH STAR ART GLASS INC. 1,200.00 4,124.00HUMAN RESOURCES RECRUITMENTNORTH WORKS OCCUPATIONAL HEALT 4,124.00 77.80INSPECTIONS G & A MULTI-FAMILY HOUSINGNORTHLAND HOME EXTERIORS 77.80 37,768.31TASK FORCE GRANTS - STATENORTHWEST METRO DRUG TASK FORC 37,768.31 145.00ORGANIZED REC G & A TRAININGNRPA 145.00 138.56PARK AND RECREATION BALANCE SH INVENTORYNUSS TRUCK & EQUIPMENT 138.56 127.29WATER UTILITY G&A GENERAL CUSTOMERSOACHS, KENT 127.29 38.27HUMAN RESOURCES OFFICE SUPPLIESOFFICE DEPOT 26.26ASSESSING G & A OFFICE SUPPLIES 91.63FINANCE G & A OFFICE SUPPLIES 27.00GENERAL INFORMATION OFFICE SUPPLIES 287.90POLICE G & A OFFICE SUPPLIES 8.74POLICE G & A OPERATIONAL SUPPLIES 81.04INSPECTIONS G & A GENERAL SUPPLIES 230.85PUBLIC WORKS G & A OFFICE SUPPLIES 3.74HOUSING REHAB G & A OFFICE SUPPLIES 795.43 45.30OPERATIONSOPERATIONAL SUPPLIESOHLIN SALES INC City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 15 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 15Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 45.30 270.18PARK AND RECREATION BALANCE SH INVENTORYPARTS PLUS 270.18 501.55BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESPBBS EQUIPMENT CORP 501.55 145.17REFORESTATION FUND OTHER CONTRACTUAL SERVICESPERFETTI, JOHN 145.17 11.29WATER UTILITY G&A GENERAL SUPPLIESPETTY CASH 5.70WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 16.99 79.27WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC 18.04OTHER SUMMER CAMPS GENERAL SUPPLIES 97.31 214.54WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603 214.54SEWER UTILITY G&A POSTAGE 214.54SOLID WASTE COLLECTIONS POSTAGE 214.54STORM WATER UTILITY G&A POSTAGE 858.16 23.91PARK AND RECREATION BALANCE SH INVENTORYPRAIRIE LAWN & GARDEN 23.91 9,294.92TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE 9,294.92 194.34OPERATIONSOPERATIONAL SUPPLIESPRO HELMETS 194.34 4,342.77STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 4,342.77 1,191.63COMMUNICATIONS/GV REIMBURSEABL TELEPHONEQWEST 1,191.63 33.50WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING 33.50SEWER UTILITY G&A POSTAGE City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 16 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 16Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 33.50SOLID WASTE COLLECTIONS POSTAGE 33.50STORM WATER UTILITY G&A POSTAGE 134.00 28.89WATER UTILITY G&A GENERAL CUSTOMERSROSE, ANDREA 28.89 196.65STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEROYAL CONCRETE PIPE INC 196.65 664.03PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESSCHOEBEN'S WINDOW CLEANING SER 804.56BUILDING MAINTENANCE BUILDING MTCE SERVICE 1,468.59 40.95INSPECTIONS G & A GENERAL SUPPLIESSCHWAAB INC 40.95 62,404.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDISEH 1,900.75SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 64,612.75 5,824.69TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICESHADYWOOD TREE EXPERTS INC. 5,824.69 15.98PARK MAINTENANCE G & A GENERAL SUPPLIESSHERWIN WILLIAMS 15.98 62.18GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESSHERWIN-WILLIAMS CO 62.18 26,964.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESSIMPSON CO INC, M.E. 26,964.00 1,599.53EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,599.53 90.21WATER UTILITY G&A GENERAL CUSTOMERSSMITH, COLLEEN 90.21 64.00RENTALPROGRAM REVENUESPELTZ, ROMELE 64.00 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 17 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 17Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 8,750.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSPORTS TECHNOLOGY INC 8,750.00 1,456.00IT G & A DATACOMMUNICATIONSSPRINT 1,456.00 5,480.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTSQUARERIGGER SOFTWARE 5,480.00 13,477.11PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDISRF CONSULTING GROUP INC 320.65CE DESIGN IMPROVEMENTS OTHER THAN BUILDI 13,797.76 1,732.44PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESST CROIX REC CO 1,732.44 3,000.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESST LOUIS PARK SENIOR HIGH CHOI 3,000.00 900.00POLICE G & A TRAININGST PAUL, CITY OF 900.00 215.00GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICESTANLEY ACCESS TECH LLC 215.00 118.37BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSTATE SUPPLY CO 118.37 742.79POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S 32.05POLICE G & A POLICE EQUIPMENT 29.99ERUOPERATIONAL SUPPLIES 47.14VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 851.97 28.27PARK AND RECREATION BALANCE SH INVENTORYSUBURBAN GM PARTS 28.27 1,926.83PARK AND RECREATION BALANCE SH INVENTORYSUBURBAN TIRE WHOLESALE 1,926.83 336,377.45SUNSET RIDGE OTHER CONTRACTUAL SERVICESSUNSET RIDGE CONDOMINIUM ASSN City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 18 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 18Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 336,377.45 6.54PARK AND RECREATION BALANCE SH INVENTORYSUPERIOR FORD 1,228.23GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,234.77 39.99ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 39.99 97.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 97.00 154.97PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTHE DAMA CO 154.97 255.13REILLY BUDGET EQUIPMENT PARTSTHERMASTOR PRODUCTS GROUP 255.13 272.69ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 272.69 100.00SOFTBALLOTHER CONTRACTUAL SERVICESTRAUTMANN, KYLE 100.00 542.90OPERATIONSGENERAL SUPPLIESUNIFORMS UNLIMITED (FIRE) 323.55OPERATIONSOPERATIONAL SUPPLIES 866.45 993.34SEWER UTILITY G&A RENTAL EQUIPMENTUNITED RENTALS NORTHWEST INC 993.34 211.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 211.00 50.00TREE DISEASE PRIVATE OTHER IMPROVEMENT SUPPLIESUNIVERSITY OF MINNESOTA 50.00 110.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 110.00 12,158.10TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEUPPER CUT TREE SERVICE 12,158.10 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 19 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 19Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 246.94STORM WATER UTILITY G&A OPERATIONAL SUPPLIESUSA BLUE BOOK 246.94 307.00HUMAN RESOURCES RECOGNITIONVAIL, LORI 307.00 103.50ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 103.50 240.15WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR 240.15 642.77ESCROWSWALKER PARKING CONSULTANTS 642.77 57,297.47SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICEWASTE MANAGEMENT OF WI-MN 23,869.95SOLID WASTE COLLECTIONS YARD WASTE SERVICE 30,897.22SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 10,189.28SOLID WASTE DISPOSAL YARD WASTE SERVICE 122,253.92 220.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 220.00 100.00SOFTBALLOTHER CONTRACTUAL SERVICESWHIPPS, MATTHEW 100.00 157.37MUNICIPAL BLDG RENTAL BUILDINGSWILLIAMS SCOTSMAN INC 157.37 385.00SOCCEROTHER CONTRACTUAL SERVICESWOIFRAM, KATJANA HELEN 385.00 20.91OPERATIONSELECTRIC SERVICEXCEL ENERGY 18,737.89PUBLIC WORKS OPS G & A ELECTRIC SERVICE 4,558.94PARK MAINTENANCE G & A ELECTRIC SERVICE 31.94BRICK HOUSE (1324)ELECTRIC SERVICE 111.36WW RENTAL HOUSE (1322)ELECTRIC SERVICE 36,461.26WATER UTILITY G&A ELECTRIC SERVICE 1,687.68REILLY G & A ELECTRIC SERVICE 3,239.79SEWER UTILITY G&A ELECTRIC SERVICE City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 20 9/29/2010CITY OF ST LOUIS PARK 11:00:09R55CKSUM LOG23000VO 20Page -Council Check Summary 10/1/2010 -9/18/2010 Vendor AmountBusiness Unit Object 2,340.76STORM WATER UTILITY G&A ELECTRIC SERVICE 67,190.53 25,664.47TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTXIOTECH CORP 25,664.47 146.69REFORESTATION FUND OTHER CONTRACTUAL SERVICESYARDLEY, DEBRA 146.69 25,479.55PARK AND RECREATION BALANCE SH INVENTORYYOCUM OIL CO INC 25,479.55 50.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESYOUNG, DARCY 50.00 118.54ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING 118.54 Report Totals 3,059,350.75 City Council Meeting of October 4, 2010 (Item No. 4e) Subject: Vendor Claims Page 21 Meeting Date: October 4, 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 Gregg Lindberg as a commissioner to the Community Education Advisory Council (CEAC) to fill the position vacated by Bob Malooly who has resigned. If appointed, Mr. Lindberg will serve the remainder of the term through June 30, 2012. POLICY CONSIDERATION: Does the Council wish to appoint this individual to the Community Education Advisory Board for the term listed above? BACKGROUND: City Council interviewed Mr. Lindberg on February 16, 2010 for an opening on the Police Advisory Commission (PAC) but was not appointed. Mr. Lindberg’s application was also forwarded to the school district for consideration on the Community Education Advisory Commission (CEAC) for which they had opening. CEAC has indicated to the City Clerk’s office that they recommend Mr. Lindberg be appointed to their Commission. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting Date: October 4, 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: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provisional License. RECOMMENDED ACTION: Motion to adopt First Reading of Ordinance amending Section 8-33 – Fees, and Section 8-333 – Provisional License and set Second Reading for October 18, 2010. POLICY CONSIDERATION: Does the Council wish to proceed with the adoption of the amendments to Chapter 8 including the prorated license fees, provisional multi-family rental license and detailed process for revocation, suspension or non-renewal? BACKGROUND: Most of the 300 multi-family rental buildings and 7,000 units are well operated and managed and are a very important part of our housing base. Unfortunately if a building owner or management allows continual deterioration of their property and criminal activity to occur, it creates a negative effect on other building residents, neighbors and the entire community. Council discussed during the March 1st Study Session possible tools that could be added to the program to help properties from becoming deteriorated and negatively affecting the community. Tools considered included a provisional license as an intermediate step before revocation is considered as well as a more detailed and practical method of implementing a license suspension or revocation if needed. The draft rental licensing ordinance was presented to City Council at the June 7, 2010 Study Session. The discussion included establishing criteria for the provisional license, mitigation plan once the property was issued a provisional license and a provisional license fee applied to only the properties that are issued the provisional license. The proposed criteria discussed included establishing an appropriate threshold number for police contacts per dwelling unit; activities occurring in the building or on the property that create on-going public safety concerns; and failure to maintain properties in continued compliance with property maintenance codes. The other component of the proposed rental licensing ordinance that was discussed was to provide detail to the process and implications if a license were not to be renewed, suspended, or revoked. Council directed staff to hold informational meetings for all current multi-family rental property license holders. The two meetings were held June 29 and July 1, 2010. Representatives from the Inspections and the Police Department were in attendance. Overall, the owners supported the proposed revisions to the existing license requirements. Questions included number and types of City Council Meeting of October 4, 2010 (Item No. 8a) Page 2 Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provisional License calls that would trigger the provisional license and what effect would this have on the responsible owners. A letter was sent to all current multi-family rental property license holders regarding the scheduled first reading of the proposed license ordinance. Staff provided a written report to Council at the September 13, 2010 Study Session to review the draft ordinance and provide comment before scheduling the first reading. The only change occurring since that report was the addition of a sentence that specifies that retaliation against tenants is grounds for license revocation, suspension or non-renewal. DISCUSSION: Section 8-33 One additional item that has been included to the ordinance relating to Sec. 8-33, is a change to pro-rate all business license fees on a semi-annual basis. Presently, if a new business opens between Jan 1 and December 1, they must submit payment for an entire year license fee. The code currently states that if a new business opens within the last 30 days of the license term (during December) a license for the following year is issued. The proposed change would allow for the new business that opens between July 1 and December 1 to pay a license fee equal to one-half the annual fee set in Appendix A. This is a simple and easy to calculate reduced fee system that creates more perceived fairness in the licensing program. This will not affect City revenue since new business licenses are not known or include in budget preparation. This is a business friendly change to create a more positive impression when opening a business within the City. Section 8-333 Provisional License The ordinance is designed to enhance our current rental licensing program and provide additional tools to reduce the affect of neglected or poorly managed multi-family rental properties for residents and the community. New provisions in the ordinance would apply only to rental buildings with three or more units. The existing Crime-Free program ordinance requirements have been successful in resolving concerns arising in single family and duplex units. The two primary components of the proposed rental license ordinance would be to establish a provisional license, and a more specific process for revocation, suspension or non-renewal of a license if ever needed: Provisional License - The intent of a provisional license would be to assist the property owner in creating a mitigation plan and correcting deficiencies in the business operation effecting residents and the community. A property will be considered for a provisional license when one or more of these three conditions exist: 1) The average number of Police contacts per dwelling unit in the proceeding twelve month period exceeds a threshold. Licensed premises with between three and eleven dwelling units would need to average 1.0 or more Police contacts per dwelling unit and licensed premises with twelve or more dwelling units would need to generate an average of 0.7 or more Police contacts per dwelling unit. City Council Meeting of October 4, 2010 (Item No. 8a) Page 3 Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provisional License 2) Activities occurring in the building or on the property that create an on-going public safety concerns, including severity of issues, intimidation of tenants, and failure to comply with crime-free provisions. 3) Failure to maintain properties in continued compliance with property maintenance codes. To help determine an appropriate threshold of crime/nuisance calls associated with the Crime-Free Program, staff reviewed data on the number of Police contacts for rental buildings with three or more units from 2008 and 2009. Using the collected data, it was apparent that a tiered system would be reasonable to trigger action for facilities of different sizes and to fairly treat all licensed premises. Other cities with similar ordinances have this average call level set between 0.5 and 1.0 call per unit per year. Issuing a provisional license would establish a mitigation plan for the owner with specific requirements to assist in returning the business to a regular license. The provisional license will be issued for one year only. The plan may include steps to reduce certain activities, changes in tenant screening procedures, security measures, building repairs, 24 hour on-site management, and other related criteria. Operating under a provisional license would require the licensee to provide the City with a current copy of their insurance certificate, monthly written report describing the progress and status of the approved mitigation plan. The City may contact the property owner’s insurance company to inform them of the change in their license status. To compensate the City for the additional time to review and manage a provisional license, a provisional license fee would be paid by the property owner so as not to penalize owners of all other regular licensed establishments. The provisional license fee is proposed to be twice the total annual license fee for each building and units as set in Appendix A. That is sufficient amount of time for the property owner to correct all problems with the property. Revocation, Suspension or Non-renewal of a License - The second program component being proposed would provide substantially more detail to the process and implications if a license were not to be renewed, suspended, or revoked. Currently, operating a rental building without a license is a misdemeanor offense. Unlike some other business license types, the closing of a rental building and asking residents to leave their home due to the actions of the manager/owner is not a practical course of action. This proposal would establish that existing tenants, not in violation of current crime-free requirements, could remain in their units with a suspended building license provided the building remains in habitable condition. Vacant units however, could not be rented by the owner until a valid license is restored to the building. This provides a financial interest for the owner to correct the issues. Prosecution for operating without a license could still occur. Sec. 8-334 (b) 6 was added as grounds for revocation, suspension or non-renewal of license. Attached is the ordinance prepared by the City Attorney. City Council Meeting of October 4, 2010 (Item No. 8a) Page 4 Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provisional License FINANCIAL OR BUDGET CONSIDERATION: No budget changes are proposed at this time, licensing and inspection are intended to be a fee for service program. VISION CONSIDERATION: St. Louis Park is committed to quality housing and being engaged with providing a safe and healthful community. Attachments: Ordinance Prepared by: Ann Boettcher, Inspection Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager AN ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CODE OF ORDINANCES TO PROVIDE FOR A PROVISIONAL RENTAL HOUSING LICENSE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Chapter 8 of the St. Louis Park Code of Ordinances is amended by amending the following section: Sec. 8-33. Fees. Except as otherwise provided in this chapter, all fees for licenses under this chapter, including investigation fees, shall be set by ordinance of the city council and listed as appendix A of this Code. 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 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. New business licenses issued licenses between July 1 and December 1 shall be charged a license fee equal to one-half the annual fee set forth in Appendix A. Section 2. Chapter 8 of the St. Louis Park Code of Ordinances is amended by adding the following section: Sec. 8-333. Provisional Licenses. (a) A licensed premises is only eligible for a provisional license under the following circumstances: (1) a licensed premises with between three and eleven dwelling units has generated an average of 1.0 or more police contacts per dwelling unit in the preceding twelve (12) month period; or (2) a licensed premises with twelve or more dwelling units that has generated an average of 0.7 or more police contacts per dwelling unit in the preceding twelve (12) month period; or (3) the existence of substantial on-going public safety concerns; or (4) licensee’s consistent failure to maintain compliance with property maintenance and other City Code requirements. (b) Police contacts counted to determine whether a provisional license is required include disorderly use activities, criminal activity and drug related criminal activity defined in Section 8-331. The police contact shall be counted if it involves an incident that occurs City Council Meeting of October 4, 2010 (Item No. 8a) Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provision License Page 5 anywhere on the licensed premises regardless of who is involved, or near the licensed premises if the contact involves tenants or guests of the licensed premises. (c) Police contacts will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are “family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). (d) The period of time used to determine whether a provisional license is required based upon the number of police contacts is the twelve (12) month period ending two months before the expiration of the existing license. Additionally, upon sixty (60) days notice to the licensee, a regular license may be converted to a provisional license if substantial on-going public safety concerns exist. (e) The existence of substantial on-going public safety concerns that make a licensed premises only eligible for a provisional license even though the number of police calls does not meet the above threshold shall be determined by the Chief of Police. Factors that will be considered include the nature and severity of the incidents giving rise to the police contacts, any evidence that tenants are being discouraged or intimidated from making police contacts, the level of community policing activity compared to similar properties, the number of guests and other non-tenants at the premises and the licensee’s timeliness and diligence in evicting or otherwise addressing public safety concerns. (f) If a licensee is determined to be only eligible for a provisional license, the licensee must submit to the City manager or designee for review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police contacts and public safety concerns to a level that qualifies for a regular license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct and security personnel. If there has been a consistent failure to promptly meet property maintenance and other code requirements, the mitigation plan shall describe the steps to eliminate the problem. (g) In addition to an approved mitigation plan, a provisional license will only be issued if the following conditions are also met: (1) Owner and manager or managers have all successfully completed, or will promptly complete, a training program provided or specified by the City. (2) Managers must be resident managers or on-site managers who are on site or available 24 hours a day. (3) The licensee must provide the City with a current Certificate of Insurance providing proof of property and general liability coverage. The City may notify the insurer of the license status of the property. City Council Meeting of October 4, 2010 (Item No. 8a) Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provision License Page 6 (h) After giving the applicant an opportunity to be heard, the City Manager or designee shall approve, disapprove, or approve with conditions the application and the mitigation plan. In evaluating a mitigation plan, the City Manager or designee will consider, among other things, the facility, its management practices, the nature and seriousness of the causes for police contacts and general public safety concerns, and the expected effectiveness of measures identified in the plan to reduce the number of police contacts or incidents of property maintenance and other code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the City Manager or designee will also consider the effectiveness of measures identified in any previous mitigation plan and the need for different or additional measures to reduce police contacts, address overall public safety concerns or reduce property maintenance and other code violations. (i) The licensee shall comply with the mitigation plan as approved or modified by the City Manager or designee. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager or designee a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. A provisional license will be issued for up to a maximum of twelve months. (j) The fee for a provisional license shall be established by ordinance. The licensee having a regular license converted to a provisional license within the regular license term must pay the license fee difference. Section 3. Chapter 8 of the St. Louis Park Code of Ordinances is amended by adding the following section: Sec. 8-334. License Suspension, Revocation, Denial and Non-Renewal. (a) Every regular or provisional rental housing license issued under the provisions of Section 8- 326 to 8-333 is subject to suspension, revocation or non-renewal pursuant to Section 8-36. (b) The City may revoke, suspend or decline to renew any regular or provisional rental housing license issued pursuant to Sections 8-326 to 8-333 upon any of the following grounds: (1) false statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. (2) failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. (3) failure to correct deficiencies indentified in violation notices within the specified time for maintaining the building and property in compliance with Sec. 8-329 or failure to accommodate inspections are required by Sec. 8-330. (4) failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. City Council Meeting of October 4, 2010 (Item No. 8a) Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provision License Page 7 (5) failure to operate or maintain the licensed premises in conformity with all applicable state laws and regulations and this Code of Ordinances. (6) actions by the licensee which constitute either intimidation of or retaliation against a tenant relating to the initiation of a police contact, the reporting of a potential property maintenance violation or other communication to any public official or other third party about the condition of the property or activities occurring on or near the licensed premises. (7) any other violation of this Chapter. (c) Licenses may be suspended for up to six (6) months and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. (d) In the event that a license is suspended, revoked or not renewed, it shall be unlawful for the owner or the owner’s duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all state laws and regulations and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non-renewal. (e) Nothing in this section shall permit occupancy of a licensed premises or individual dwelling unit if the Certificate of Occupancy is revoked or the licensed premies or unit is posted uninhabitable. Section 4. Chapter 8 of the St. Louis Park Code of Ordinances is amended by adding the following section: Sec. 8-335. Provisional License Fee The fee for a provisional license shall be twice the amount of an equivalent regular license, with such fee being set by ordinance by the City Council and codified as part of Appendix A to the City Code. City Council Meeting of October 4, 2010 (Item No. 8a) Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provision License Page 8 Section 5. This Ordinance shall take effect fifteen days after its publication. ADOPTED this ______ day of _______________, 2010, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor ATTEST: Nancy Stroth, City Clerk APPROVED AS TO FORM: City Attorney City Council Meeting of October 4, 2010 (Item No. 8a) Subject: First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provision License Page 9 Meeting Date: October 4, 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: First Reading - Gambling Ordinance Amendments RECOMMENDED ACTION: Please see below for the specific motions the City Council may wish to consider. POLICY CONSIDERATION Does the Council wish to approve the proposed gambling amendments to Chapter 15? • Increase the local gambling tax to 1.25% • Require a 10% Contribution Fund Does the Council wish to include exemptions to the proposed ordinance? • Exemption to the 10% contribution fund requirement for those organizations who expend 100% of their lawful purpose expenditures within St. Louis Park. • Exemption to the 10% contribution fund requirement for those organizations located on a premises owned and operated by a nonprofit corporation. BACKGROUND: At the public hearing held on September 13, 2010, it was the consensus of the Council to direct staff to prepare separate motions for Council consideration of the proposed gambling ordinance amendments. These amendments related to increasing the local gambling tax to 1.25%, and require a 10% Contribution Fund with or without exemptions for those organizations who expend 100% of their lawful purpose expenditures within the City of St. Louis Park and for those organizations where lawful gambling activity occurs on premises owned and operated by a nonprofit corporation. The following motions have been prepared for Council consideration: 1. Motion to approve first reading of ordinance amendment to Chapter 15, Section 15-9 of City Code concerning charitable gambling regulations of increasing the local gambling tax to 1.25% and to set second reading for October 18, 2010. Comment: This amendment of Section 15-9 will increase the local gambling tax to 0.0125 percent (one and one quarter percent) from 0.0010 percent (one tenth of one percent) to cover administrative expenses of the City of St. Louis Park. 2. Motion to approve first reading of ordinance amendment to Chapter 15 Section 15-8 requiring organizations to contribute to a 10% Contribution Fund, and to set second reading for October 18, 2010. Comment: This amendment of Section 15-8 includes new language to require gambling organizations to contribute to a Fund administered and regulated by the City, for distribution by the city for lawful purposes authorized under Minnesota Statute in an amount equal to ten percent (10%) of the organization's net profits derived from lawful gambling. City Council Meeting of October 4, 2010 (Item No. 8b) Page 2 Subject: First Reading - Gambling Ordinance Amendments If the ordinance amendment to Section 15-8 is approved, the following additional exemptions could be voted on by council: • Motion to approve exemption to Section 15-8 relating to the required contribution to the 10% percent Contribution Fund for organizations that expend 100 percent of their lawful purpose expenditures within the City of St. Louis Park. • Motion to approve exemption to Section 15-8 relating to the required contribution to the 10% Contribution Fund where lawful gambling activity occurs on premises owned and operated by a nonprofit corporation. Council question regarding direct donations At the September 13, 2010 meeting, Council requested clarification whether the American Legion can receive a contribution directly to themselves. Staff contacted the State Gambling Control Board and confirmed that the American Legion cannot receive a direct contribution from the gambling organization operating at their premises. Lawful Purpose Expenditures The city does not have authority on what specific lawful purpose expenditures must be made. This is governed by state law and the authority rests with the organization and its membership. Lawful purpose expenditure amounts include all taxes, fees, and charitable lawful purposes contributions. Expenditures are determined from net profit after all prizes and allowable expenses including payroll, rent, advertising, product, and office supplies are accounted for. 2010 Timetable of Gambling Discussion April 12 – Study Session Meeting – Gambling 101 April 28 – Open House with staff and gambling managers June 28 – Study Session Meeting August 9 – Study Session written report September 7 – Public Hearing and First Reading of proposed gambling amendments September 13 – Study Session discussion October 4, 2010 – Continued First Reading of proposed gambling amendments October 18, 2010 – Proposed Second Reading November 12, 2010 – Proposed date ordinance becomes effective 10% Contribution Fund Cities who establish a 10% Contribution Fund must file a report each year on or before March 15th with the State Gambling Control Board to report the amount received and a detail listing of how the funds were disbursed. A reasonable fund balance can be carried forward to the following year. All disbursements from the 10% Contribution Fund must meet the criteria regulated by State Law. Gambling Reporting Gambling organizations in St. Louis Park submit a monthly reporting form showing distributions of proceeds and local tax due. Organizations are allowed to accumulate funds and are not required to distribute proceeds on a monthly basis. Because many months there are no distributions made, staff is proposing the 10% contribution be reported and submitted annually by January 31 of the City Council Meeting of October 4, 2010 (Item No. 8b) Page 3 Subject: First Reading - Gambling Ordinance Amendments following year. Staff would present to council in March of each year the amount available for allowable allocations from the proposed 10% contribution fund. FINANCIAL OR BUDGET CONSIDERATION: The attached spreadsheet of 10% contribution fund projection shows estimated amounts of contributions as it relates to data from 2009. VISION CONSIDERATION: Not Applicable. Attachments: Proposed Ordinance Section 15-9 (local tax) Proposed Ordinance Section 15-8 (contribution fund) 10% Contribution Fund Projection Prepared by: Nancy Stroth, City Clerk Darla Monson, Finance Accountant Reviewed by: Nancy Deno Gohman, Deputy City Manager/HR Director Tom Scott, City Attorney Approved by: Tom Harmening, City Manager City Council Meeting of October 4, 2010 (Item No. 8b) Page 4 Subject: First Reading - Gambling Ordinance Amendments PROPOSED ORDINANCE NO. _____-10 AN ORDINANCE AMENDING CHAPTER 15, SECTION 15-9 OF THE ST. LOUIS PARK CODE OF ORDINANCES CONCERNING GAMBLING LOCAL TAX THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 15-9 of the City Code is hereby amended to provide as follows: Sec. 15-9. Local tax. Any organization authorized to conduct lawful gambling shall pay to the city on a monthly basis a local gambling tax in the amount of 0.0010 percent (one tenth of one percent) 0.0125 percent (one and one quarter percent) of the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. Payment shall be made no later than 25 days after the end of the preceding month and shall be accompanied by a copy of the monthly return filed with the Minnesota Department of Revenue. SECTION 2. This ordinance shall be deemed adopted and take effect fifteen days after its publication. Public Hearing First Reading September 7, 2010 First Reading continued October 4, 2010 Second Reading October 18, 2010 Summary Ordinance Published October 28, 2010 Ordinance takes effect November 12, 2010 Reviewed for Administration: Adopted by the City Council October 18, 2010 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney City Council Meeting of October 4, 2010 (Item No. 8b) Page 5 Subject: First Reading - Gambling Ordinance Amendments PROPOSED ORDINANCE NO. _____-10 AN ORDINANCE AMENDING CHAPTER 15, SECTION 15-8 OF THE ST. LOUIS PARK CODE OF ORDINANCES CONCERNING GAMBLING DISTRIBUTION OF PROCEEDS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 15-8 of the City Code is hereby amended to provide as follows: Sec. 15-8. Distribution of Proceeds (a) Each organization licensed to conduct gambling within the city shall contribute to a fund administered and regulated by the City, for distribution by the city for lawful purposes authorized under Minnesota Statute an amount equal to ten percent (10%) of the organization's net profits derived from each individual site at which lawful gambling is conducted within the city. For purposes of this section, net profits are profits less amounts expended for allowable expenses. (b) Each organization conducting lawful gambling within the city must expend 90 percent of its lawful purpose expenditures on lawful purposes conducted or located within the trade area. The contribution required in subsection (a) above shall be considered as part of the 90 percent expenditure. This section applies only to lawful purpose expenditures of gross profits derived from lawful gambling conducted on a premises within the city. At the end of each organization's fiscal year, each organization must file with the city a report prepared by an independent certified public accountant documenting compliance with the requirements of this section. In addition, each organization must submit monthly to the city a completed Schedule C/D-LG1010. SECTION 2. This ordinance shall be deemed adopted and take effect fifteen days after its publication. Public Hearing First Reading September 7, 2010 First Reading continued October 4, 2010 Second Reading October 18, 2010 Summary Ordinance Published October 28, 2010 Ordinance takes effect November 12, 2010 Reviewed for Administration: Adopted by the City Council October 18, 2010 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney City Council Meeting of October 4, 2010 (Item No. 8b) Subject: First Reading - Gambling Ordinance AmendmentsPage 6