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HomeMy WebLinkAbout2010/11/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA NOVEMBER 1, 2010 (Mayor Jacobs Out) 6:30 p.m. SPECIAL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Environmental Investigation and Property Acquisition Update - 7015 Walker Street (former Reynolds Welding Supply property) Written Reports 2. Hwy 7 / Wooddale Project Update 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations -- None 3. Approval of Minutes 3a. Special Study Session Minutes of October 18, 2010 3b. City Council Meeting Minutes of October 18, 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 Jenna Sheldon as a Youth Commissioner to the Telecommunications Advisory Commission for the term ending August 31, 2011. 6. Public Hearings 6a. Public Hearing – Assessment of Delinquent Utilities, Tree Removal/Injection, Mowing, False Alarms, and Other Miscellaneous Charges Recommended Action: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to adopt resolution to assess delinquent water, sewer, storm sewer, refuse and other fees and charges. Meeting of November 1, 2010 Special Study Session and City Council Agenda 6b. Public Hearing – First Reading of an Ordinance Providing for a Local Lodging Tax Recommended Action: Mayor to open and close the public hearing. Motion to approve the first reading of an Ordinance providing for a Local Lodging Tax and set second reading for November 15, 2010. 6c. Consolidated Public Hearing (1) 2011 Budget and Property Owner Service Charges for Special Service District No. 1 Recommended Action: Mayor to close public hearing. Motion to approve Resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. (2) 2011 Budget and Property Owner Service Charges for Special Service District No. 2 Recommended Action: Mayor to close public hearing. Motion to approve Resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. (3) 2010 Budget and Property Owner Service Charges for Special Service District No. 3 Recommended Action: Mayor to close public hearing. Motion to approve Resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. (4) 2010 Budget and Property Owner Service Charges for Special Service District No. 4 Recommended Action: Mayor to close public hearing. Motion to approve Resolution setting the 2011 Budget and Property Owner Service Charges for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. (5) 2010 Budget and Property Owner Service Charges for Special Service District No. 5 Recommended Action: Mayor to close public hearing. Motion to approve Resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 5 and directing staff to certify the annual service charges to Hennepin County. (6) 2010 Budget and Property Owner Service Charges for Special Service District No. 6 Recommended Action: Mayor to close public hearing. Motion to approve Resolution setting the 2011 Budget and Property Owner Service Charges for Special Service District No. 6 and directing staff to certify the annual service charges to Hennepin County. 7. Requests, Petitions, and Communications from the Public -- None Meeting of November 1, 2010 Special Study Session and City Council Agenda 8. Resolutions, Ordinances, Motions and Discussion Items 8a. 2011 Employer Benefits Contribution. Recommended Action: Motion to approve Resolution establishing 2011 Employer Benefits Contribution. 8b. 2nd Reading – Franchise Fee Ordinance Amendments Recommended Action: Motion to adopt the second reading of Ordinance amending and restating Ordinance No. 2244-03 imposing a franchise fee on Xcel Energy. Motion to adopt second reading of Ordinance amending and restating Ordinance No. 2245-03 imposing a franchise fee on CenterPoint Energy. 8c. West End Apartments Parkland and Trail Dedication. Recommended Action: Motion to approve an additional parkland and trail dedication fee of $80,500 for the West End Apartments site at 5310 West 16th Street. 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 November 1, 2010 Special Study Session and City Council Agenda 4. CONSENT CALENDAR 4a. Adopt Resolution Authorizing Final Payment in the Amount of $10,653.00, for the Glenhurst Lift Station Project, City Project No. 2010-2300 - Contract No. 28-10. 4b. Adopt Resolution releasing an agreement concerning special assessments for Improvement Project Nos. 90-54 and 96-19. 4c. Adopt Resolutions authorizing traffic controls at Zarthan Avenue & West 34th Street and Zarthan Avenue & Hamilton Street. 4d. Adopt Resolution authorizing the elimination of permit parking restrictions in front of 2900 Blackstone Avenue, 4013 Raleigh Avenue, and 2935 Sumter Avenue. 4e. Adopt Resolution authorizing Worker’s Compensation insurance renewal for December 1, 2010 – November 30, 2011. 4f. Adopt Resolution approving acceptance of donation from Sam’s Club in the amount of $2,000 for Holiday Programs. 4g. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 2700 Toledo Avenue South - P.I.D. 31-029-24-32-0060. 4h. Adopt Resolution authorizing the special assessment for the repair of the water service line at 8007 West 18th Street, St. Louis Park, MN - P.I.D. 06-117-21-44-0001. 4i. 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: November 1, 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: Environmental Investigation and Property Acquisition Update - 7015 Walker Street (former Reynolds Welding Supply property). RECOMMENDED ACTION: Staff requests direction as to whether the EDA wishes to proceed with the acquisition of 7015 Walker Street. POLICY CONSIDERATION: Does the EDA wish to proceed with the purchase of the subject property? BACKGROUND: At the May 10th Study Session, staff discussed the availability of 7015 Walker Street (former Reynolds Welding Supply property) and the merits of the EDA potentially purchasing the property. An approximate purchase price of $295,000 was identified. Upon discussion, it was the consensus of the EDA that staff should pursue a purchase agreement for the subject property and conduct an environmental investigation of the property. To that end, staff negotiated a purchase agreement and had an environmental investigation performed. Upon completion of the Phase I and Phase II environmental assessments it was determined that the EDA needed a better understanding of the fill material on the site. A staff report prepared for the August 23rd Study Session indicated that additional environmental investigation was needed and that the property purchase price would be reduced by $20,000 to cover the bulk of the cost. Environmental Conditions The EDA has conducted a Phase I & Phase II Environmental Site Assessment, asbestos survey, and a follow-up Assessment on the subject property. AMEC Geomatrix (an environmental consulting company previously utilized by the EDA) performed this work. Attached is a summary of AMEC’s findings. In short, the Phase II Assessment determined that there are low-level contaminates in the soil of the subject property. Fill material deposited on the subject property is likewise impacted with some low- level contaminates. In addition, low-level volatile organic compounds (VOC) impacts have been detected in groundwater samples. The additional Phase II investigation was performed to further characterize the soil, and soil vapor impacts at the site. In AMEC’s opinion, the results of that additional investigation, while showing detections of VOCs, are not indicative of a source (historical or on-going) to the area-wide VOC impacts to groundwater and soil vapor that are the subject of investigations by the EPA and MPCA. The VOC impacts at the site are consistent Special Study Session Meeting of November 1, 2010 (Item No. 1) Page 2 Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street with area-wide impacts in magnitude and the specific VOC identified. While the impacts discovered on the site are considered low-level, the MPCA will require that they be formally addressed in some manner at some point in the future when the ultimate use of the property is determined. Chris Thompson with AMEC will be in attendance at the Nov. 1st Study Session to further explain their findings, next steps and answer any questions. Likewise, the EDA’s attorney in this instance, Sarah Sonsalla of Kennedy and Graven, will be in attendance to address any liability questions. Proposed Property Plan Due to the building’s condition and obsolescence staff believes that unless the site is cleared the likely future uses of the property will not be an asset to the community. The primary reason for acquisition would be blight removal along the highly visible Highway 7 corridor. In conformance with the Comprehensive Plan, the EDA has been actively redeveloping this corridor between Wooddale and Louisiana Avenues. Acquiring the subject property would be consistent with those efforts. The subject property could potentially be used for stormwater retention to aid redevelopment efforts in the neighborhood to the north. If the property can not be used for this purpose, it could be resold to a future redeveloper who had commercial plans for the property consistent with the Comprehensive Plan. As with other impacted properties the EDA has acquired, the EDA would enter the subject property into the MPCA’s Voluntary Investigation and Clean-up Program (VIC) prior to purchase in order to obtain a No Association (NA) determination to the identified releases (VOC, Semi-VOC and metals) at the site as well as attempt to obtain an off-site source determination for the groundwater impacts at the site that may be due to other contaminated properties in the vicinity. These filings would separate the EDA from any responsibility for the environmental problems present on the site. Applying to the VIC program provides liability protection to the EDA statutorily available under the State of Minnesota Land Recycling Act. Immediate and Long Term Property Remediation Costs The application to VIC will result in a letter requesting that the EDA provide a response action plan (RAP) for addressing the known contamination, which will lead to a No Further Action (NFA) determination for the Identified Release. When the final use of the site is defined, a site-specific and risk-based corrective action plan (the RAP) will be prepared and submitted for MPCA approval. In order to further plan for the potential purchase and subsequent use of the site, AMEC prepared budget level cost estimates for the major work that will be required for the site. These costs are based on previous experience with similar work, discussions with and costs recently received from local sub-contractors, and its understanding of what would be the most reasonable use, (and therefore, corrective actions at this site). AMEC assumed that the use of the site would include site alteration related to the visual enhancement of the Highway 7corridor and / or possibly as a stormwater retention area associated with development in the immediate area. Special Study Session Meeting of November 1, 2010 (Item No. 1) Page 3 Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street Site Development Tasks The main work items for corrective actions at the site are as follows: 1. Waste Abatement (In accordance with the Regulated Hazardous Materials Survey for the Site, Asbestos, mercury, PCB, Freon, miscellaneous liquid wastes, solid wastes remain at the site. These wastes will be abated/removed/disposed utilizing permitted and licensed contractors and disposal off-site at approved facilities) Building Demolition (removal of the building structure, including foundations, existing below-ground and above-ground utilities, pavements, asbestos materials not removed in Restricted Waste removal task, and site stabilization – recycle materials to the extent possible). Assuming that the demolition is performed prior to any site use, some clean soil would be imported and the site seeded and mulched in accordance with a site sediment and erosion control plan. 2. Fill Soil Removal and Disposal (the fill soils average 4.5 feet in thickness across the site and will require disposal off-site at a State approved landfill. They likely will be disposed as “daily cover” which reduces the costs somewhat. It may be possible to keep some of the fill soils on- site and it is assumed that some fill soils will remain. If soils with chemicals included in the identified release remain on-site at concentrations above applicable standards, a notification to the property Deed would be required along with potential long-term management of these soils e.g. soil cover). Soil Vapor Extraction After the demolition, one to two vapor extraction well(s) will be installed to reduce the remaining VOC impacts to native soils. Based on the size of the site and the porous nature of the native soils, one to two wells can be reasonably expected to cover impacts areas of the Site. The SVE system will be housed in a small shed, and operated for approximately 12 months. Cost Basis Given the results of the Phase II investigation, the findings of the Phase I ESA, and the area of the site, AMEC estimated the site’s likely extraordinary costs based on the following parameters. • 4,200 cubic yards (loose) of contaminated fill soil ultimately will require remedial action. • Regulated Hazardous Materials Summary Report, 7015 Walker Street, dated June 16, 2010 shows that there are materials that will require proper removal and disposal.. • Elevated VOC concentrations in soil gas in native soils beneath the fill could require remedial action depending on the final site use and regulatory acceptance. Extraordinary Cost Summary The building on the subject property is in poor condition and has an adverse visual impact from both the neighborhood to the north and Highway 7 to the south. Consistent with the acquisition of former American Inn property, it is recommended that upon acquisition, the building be removed and the site be held (i.e., not address the underlying soil conditions) until the property’s future use is more definitively determined. There are both short and long term costs associated with the remedial actions proposed to be taken on the subject property. Special Study Session Meeting of November 1, 2010 (Item No. 1) Page 4 Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street The short term cost (which includes building demolition, restricted waste removal, and regulatory submissions) has been estimated at approximately $65,000. Based on the soil volume listed above, the results of the environmental site assessments and the restricted waste survey, the following costs are estimated for the long term remedial actions at the site. Soil Correction (excavate/load/haul/dispose) Sub-total $198,000 Soil Vapor Extraction Sub-total $41,000 Engineering Sub-total $53,500 Total Cost Estimate: $292,500 The cost of the above long term remedial actions are proposed to be addressed through grant applications to DEED, the Metropolitan Council and Hennepin County when the property’s ultimate usage is determined. This is the same approach that was taken with the purchase of the former American Inn property. Purchase Agreement Summary A Purchase Agreement between the property owner, Mary and Karl Johnson, and the EDA has been negotiated. The terms of the Agreement were summarized in the June 21st staff report and are relatively straight forward. The purchase price now stands at $260,000 which reflects the $20,000 deduction for the cost of the additional environmental investigation. Based upon comparable land sales information, the acquisition price of the subject property is very reasonable and within market. While the seller has yet to obtain a Certificate of Property Maintenance it appears that the other contingencies listed in the Agreement have been met. As noted above, the EDA would enter the property into the MPCA’s VIC program prior to closing which could occur by year’s end. How would the property acquisition and ancillary costs be funded? Purchase of the subject property would be paid for through the Development Fund. In the event the property is not needed for area storm water improvements it could be resold to a future redeveloper. Costs related to the building demolition, restrictive waste removal, as well as regulatory submissions would also be paid for through the Development Fund. Grants would be sought to address future clean up costs. Next Steps If the EDA wishes to proceed with the acquisition of the subject property staff will schedule the proposed Purchase Agreement for formal consideration in the coming weeks. FINANCIAL OR BUDGET CONSIDERATION: The EDA is requested to consider the acquisition of 7015 Walker St. for $260,000. The EDA would incur approximately $65,000 in short term additional costs related to building demolition and regulatory submissions. Other longer term costs could be experienced in the future depending on the future use determined for the site. Special Study Session Meeting of November 1, 2010 (Item No. 1) Page 5 Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street VISION CONSIDERATION: This project supports the Strategic Directions of providing well-maintained [neighborhoods], being a connected and engaged community, as well as promoting community aesthetics. Attachments: AMEC Phase II Assessment Summary for 7015 Walker Street Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director & City Manager AMEC Geomatrix, Inc. 14525 Highway 7, Suite 104 Minnetonka, Minnesota USA 55345-3736 Tel (952) 935-1010 Fax (952) 935-1254 www.amecgeomatrixinc.com Memo To: Mr. Greg Hunt, City of St. Louis Park Project: MN10160050 From: AMEC Geomatrix, Inc. cc: Tel: 612.332.8326 Fax: 612.332.2423 Date: October 21, 2010 Subject: Summary for 7015 Walker Street, Saint Louis Park, MN This memo summarizes findings for the Phase I Environmental Site Assessment (ESA) and Phase II ESA performed by AMEC on your behalf for 7015 Walker Street, St. Louis Park, MN (Site). Phase I ESA The results of the Phase I ESA indicate five recognized environmental conditions (RECs) for the Site as defined by ASTM Standard E1527-05. These RECs are as follows: • Undocumented Fill – When the Site was developed in approximately 1947, portions of the Site were apparently filled in. The fill contains debris and preliminary analytical shows PAHs, VOCs and metals impacts. The undocumented and impacted fill constitutes a REC. • Reilly Tar Superfund Site – The Site is located due east of the Reilly Tar Superfund Site, which has an extensive history of soil and groundwater contamination from PAHs and petroleum compounds related to creosote wood treatment. Multiple properties around the Site have detected groundwater impacts by the Reilly Tar site and have received No Association Letters from the Minnesota Pollution Control Agency (MPCA). These known groundwater impacts constitute a REC. • Multiple Upgradient Leaking Underground Storage Tanks (LUSTs) – Preliminary research of several properties upgradient of the Site show the presence of LUSTs. These leaking tanks contained such petroleum products as gasoline, diesel fuel and fuel oils and constitute a REC. • Saint Louis Park Soil Vapor Investigation – The Site is located in the vicinity of the ongoing soil vapor and groundwater impacts investigation in the City of St. Louis Park due to industrial chlorinated solvents. Various chlorinated groundwater “hot spots” occur in close proximity to the Site and may be impacting the Site due to local groundwater flow conditions from the Reilly Tar remediation. Further research is needed to determine the proximity and degree to which these impacts may affect the Site. The possibility of these impacts affecting groundwater at the Site constitutes a REC. Special Study Session Meeting of November 1, 2010 (Item No. 1) Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street Page 6 Preliminary Summary for 7015 Walker Street, Saint Louis Park, MN October 25, 2010 Page 2 of 4 • The National Lead site was a lead smelter and has release of lead dust to the air just south of the Site. These releases may have been upwind of the Site and may contribute to lead in soil at the Site which represents a REC for the Site. The following data gaps were also identified for the Site: • The lack of any waste generation/disposal information from the former machine shop operating in the building is a data gap. • The lack of any paint waste generation/disposal information from the former painting booth operation in the building is a data gap. • The potential use of the former cesspool by historical machine shop and / or paint booth operations at the Site, its proximity to off-site VOC detections; and the lack of proper documentation of the abandonment of an on-site septic (cesspool) tank represent a data gap for the Site. • The potential use of the sumps in the basement by historical machine shop and / or paint booth operations represents a data gap. Phase II ESA AMEC Geomatrix, Inc (AMEC) performed a Phase II ESA in two phases between May 26, 2010 and September 14, 2010. This investigation included collection of soil samples to define geology at the Site. Soils at the Site consist of sandy, silty, clayey, organic fill soils containing debris underlain by poorly graded sand with gravel to at least 30-feet below ground surface (bgs), the total depth of our investigation work. An estimate of the volume of fill located at the Site is approximately 4,200 cubic yards. AMEC collected groundwater samples from temporary wells installed in the northwest and southeast corners of the Site. Depth to groundwater ranges from 16 to 23-feet bgs dependent on sloping ground surface elevation at the Site. AMEC collected soil vapor samples at two depths (~5 feet bgs and ~15 feet bgs) at five sampling locations at the Site. Chemical analysis of the soil, groundwater and soil vapor samples collected during the Phase II ESA confirmed the presence of metals, characteristic petroleum compounds, polyaromatic hydrocarbons (PAHs) and volatile organic compounds (VOCs) impacts at the site. The fill soils at the Site are impacted by lead, diesel range organics (DRO), various PAHs, and three VOC compounds. These impacts appear to be located in the areas underneath and immediately around the building and in the southeast corner of the property. The benzo (a) pyrene (BaP) equivalent concentrations at four of the sample locations exceed the residential cleanup level as defined by the Minnesota Pollution Control Agency (MPCA). One sample Special Study Session Meeting of November 1, 2010 (Item No. 1) Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street Page 7 Preliminary Summary for 7015 Walker Street, Saint Louis Park, MN October 25, 2010 Page 3 of 4 contained VOCs at concentrations that exceed the MDH Tier 1 soil leaching values (SLVs). PAHs and VOCs were not detected above screening criteria in the other soil samples collected during the Phase II ESA. The surficial fill soil analysis indicates elevated levels of several RCRA metals including lead. The elevated lead impacts are consistent with historical industrial operations south of the Site (National Lead). One soil sample contained lead at a concentration that exceeds the residential SRV. The native soils underlying the fill at the Site are slightly impacted by PAHs in the southeast corner of the Site. These impacts do not exceed the industrial SRVs or the SLVs. Chemical analysis of groundwater samples show the presence of tetrachloroethene (PCE), trichloroethene (TCE), and DRO in the southeast temporary well but not the northwest well. The samples of groundwater collected at the southeast corner of the Site is impacted with elevated levels of DRO, which has no groundwater standard for comparison; slightly elevated PAH levels; and two VOC compounds, one of which (PCE) exceeds MDH drinking water criteria. The detections of PCE and TCE in groundwater samples collected at the site were below the MPCA Groundwater intrusion values for the vapor intrusion pathway. PCE and TCE are commonly used chlorinated solvents and have been detected in the ongoing soil vapor intrusion and groundwater study by the MPCA / USEPA at multiple locations near, but not at, the Site. PCE and TCE were detected in one soil sample (SB5-1) at concentrations that exceed the Tier 1 SLVs. Soil sample SB5-1 was collected near the basement sump most recently used for tank tightness testing. It is also possible these impacts could be from the machine shop and / or painting operation that was operating in the lower level of the building at the Site in approximately 1962. VOCs in soil vapors were detected underlying the site at all vapor sampling locations. Nine of the ten soil vapor samples collected at the Site contained VOCs at concentrations that exceed the residential intrusion screening values (10 X ISVs). Three VOCs (methylene chloride, PCE, TCE) were detected in at least one of the vapor samples at concentrations that exceed the residential intrusion screening values. The vapor sampling was performed in order to assist in determining if the site is a source to the area-wide chlorinates solvent impacts to soil vapor / groundwater being investigation by the MPCA / USEPA. The detection of these contaminants in the fill soils will require notification to the State under State of Minnesota Rules. The contaminated fill will require management in-place (soil cover, Notice to the Property Deed, Affidavit regarding the contaminants) or proper treatment and/or disposal off-site depending on future development plans for the Site. Special Study Session Meeting of November 1, 2010 (Item No. 1) Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street Page 8 Preliminary Summary for 7015 Walker Street, Saint Louis Park, MN October 25, 2010 Page 4 of 4 Restricted Waste Survey AMEC contracted Legend Technical Service Inc. (Legend) to perform a restricted waste survey of the existing building. Results of the survey indicate some asbestos containing floor tiles, adhesives, window caulking/glazing, and pipe coating. There is asbestos containing material in the lower roof flashing sealant but not in the upper roofing material. The building has 4-5 mercury containing thermostats. AMEC observed that approximately 20 square floor tiles had been placed in the loading dock at the site. Asbestos analysis found that the tiles were not asbestos containing, but the associated mastic contained 10% chrysotile (asbestos). Special Study Session Meeting of November 1, 2010 (Item No. 1) Subject: Environmental Investigation and Property Acquisition Update - 7015 Walker Street Page 9 Meeting Date: November 1, 2010 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Hwy 7 / Wooddale Project Update. RECOMMENDED ACTION: None - the purpose of this report is to provide Council with an update on this project. POLICY CONSIDERATION: None at this time. Please let staff know of any questions or concerns you may have. BACKGROUND: History On September 8, 2009 the City awarded a contract to Ames Construction, Inc. for the Highway 7 & Wooddale Avenue Improvement Project - Project No. 2004-1700. On September 7, 2010, the City Council approved a Supplemental Agreement that provided for a revised contract substantial completion date (open to traffic) by November 19, 2010. Construction Progress The contractor has made substantial progress over the past couple of months. At this time, indications are that the November 19, 2010 opening date will be met. Pending continued progress and cooperation of the weather, there is a chance the opening could occur even much sooner. Remaining work at this time includes completion of the concrete median on Highway 7, paving of the final wear course on Highway 7, pavement markings and signing, and other miscellaneous items. The contractor is also expected to begin restoration (including plantings) within the next week. Informational meetings regarding plantings were conducted with residents on May 11, 2010 and more recently on October 14. Based on input received from residents in the spring, modified plans were prepared and presented to residents on October 14 and received favorably. Essentially, lilacs will be replaced where they previously existed, along with added plantings in some additional locations. There will also be variations in color as requested by residents. Analysis Staff has been working to prepare for the opening of the intersection to traffic. Because the intersection will function and operate differently than before, it is expected that there may be at least some issues due to unfamiliarity by some users as a result of the change. In particular, the regional trail crossing at Wooddale Avenue will also operate differently (See attached Exhibit A). The trail crossing has been relocated adjacent to the intersection of the new frontage road, and will now operate as a legal crosswalk. Bicycles, other trail users, and vehicles will now be required to stop as at Special Study Session Meeting of November 1, 2010 Page 2 Subject: Hwy 7/Wooddale Project Update any standard intersection crosswalk. Standard crosswalk markings and signing will be installed on the roadway and trail. Public Works and Public Safety staff recently met with Three Rivers Park District staff and the engineering consultant (SRF) to discuss the pending opening and anticipation of problems and issues that could arise. Staff from both agencies will be monitoring the crossing upon opening to observe operations and user compliance. We expect that it may take several weeks before traffic patterns and use for the entire interchange becomes established. However, during and after that period, staff will be evaluating the crossing and operations of the intersection to determine if any adjustments are needed (such as signing and/or pavement marking modifications), or if there are other issues that may need to be addressed. The formal grand opening or dedication is being considered for the spring of 2011. VISION CONSIDERATION: The following Strategic Direction and focus area was identified by Council in 2007: St. Louis Park is committed to being a connected and engaged community. Focus will be on: • Promoting regional transportation issues and related dedicated funding sources affecting St. Louis Park including but not limited to Hwy 100 and SWLRT. Attachments: Intersection Layout (Exhibit A) Prepared by: Scott Brink, City Engineer Reviewed by: Mike Rardin, Director of Public Works John Luse, Police Chief Mark Hanson, Operations Superintendent Approved by: Tom Harmening, City Manager Special Study Session Meeting of November 1, 2010 Page 3 Subject: Hwy 7/Wooddale Project Update EXHIBIT A Meeting Date: November 1, 2010 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA OCTOBER 18, 2010 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director (Ms. Gohman), Public Works Director (Mr. Rardin), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Utilities Superintendent (Mr. Anderson), and Recording Secretary (Ms. Hughes). 1. Water Rate Study Mr. Rardin presented the staff report and discussed the analysis of the City’s water rate structure performed by Progressive Consulting Engineers, Inc. (PCE). He stated that based on the 2009 Ehlers utility rate study, it was determined that the water utility has funding challenges that will require rate increases for the foreseeable future to improve this fund’s overall financial position. He added the water fund has an aggressive capital improvement plan and generally functions on a pay as you go basis. He reviewed the historical billing and water usage for the City’s water fund, and presented several options for improving this fund’s financial position. He stated the PCE study recommended increasing the 2011 fixed rate to $32.10/quarter, reducing the commercial rates to better reflect actual user costs, and including tiering of residential rates as earlier discussed with Council. He added the PCE recommendation represents the least costly option over an extended period of time. Councilmember Finkelstein stated that the Council has had several discussions regarding this issue and acknowledged the importance of improving the long-term sustainability of the water fund. He indicated that while he agrees with the rationale contained in the staff report, it seems that the City may want to err on the side of bonding more because bond rates are inexpensive right now, especially since the City is already asking taxpayers to pay more because the State is paying less and less. He added that the City has had a number of rate studies conducted in the past and asked that the City maintain a consistent approach with whatever decision is made. Mr. Harmening explained that Ehlers has conducted rate studies in the past, however, the PCE Cost of Service study was conducted, considering project future capital and operating costs, to assist the City in evaluating future rate increases in conjunction with user costs associated with operating the system. City Council Meeting of November 1, 2010 (Item No. 3a) Page 2 Subject: Special Study Session Minutes October 18, 2010 Councilmember Sanger asked if infrastructure costs were included in the PCE study. She stated that it is important to make sure the City has usable and well-maintained water mains for everyone, regardless of how much water they consume. Mr. Rardin discussed the City’s 2009 actual costs and explained PCE’s fixed, commodity, and pass thru costs and projected rates. Councilmember Finkelstein noted that the PCE study appears to recommend that the City change its current system to a system that is similar to the City’s pavement management system. He stated that the water utility fund is required to be self-sustaining and the City has not raised rates enough in the past to meet this requirement. Mr. Swanson stated that the City currently utilizes a capital replacement schedule and this study attempts to remove some of the volatility in the current system in order to meet the City’s goals. Councilmember Santa stated that the PCE recommendations attempt to move from something very volatile and insufficient, to something that is more stable and predictable. Councilmember Ross stated that it will be important for the Council to understand the City’s needs in terms of long-term capital improvements needed to the City’s aging infrastructure. She added that any changes to the City’s current rate structure should be implemented in increments to ease the burden to taxpayers. Councilmember Mavity stated that concerns have been raised about raising rates too high too quickly, particularly for those residents on a fixed income. She asked if the City should explore available programs to help people pay these increased costs. Councilmember Finkelstein requested that staff provide the Council with information on the City’s actual rate increases over the past ten years for all the City’s utilities. Ms. Gohman stated that staff will provide further information to the Council at an upcoming study session regarding the proposed rate structure. Ownership of Water Service Lines Mr. Rardin stated that current policy states that the City owns the water mains only and not the service lines going in to buildings; property owners are responsible for installing, maintaining, and replacing their service lines. Councilmember Ross stated that she was made aware of a homeowner who was upset because they were responsible not only for the service line, but also the pavement and curb and gutter repair, and the street was already slated for pavement repair, so they are having to pay twice. She indicated the homeowner was also upset because they feel they are required to pay the total cost, when there are other variables beyond their control that have contributed to the need for street replacement. She asked that the Council consider some way to help homeowners with a portion of these costs. Mr. City Council Meeting of November 1, 2010 (Item No. 3a) Page 3 Subject: Special Study Session Minutes October 18, 2010 Rardin clarified the homeowner was mistaken in this instance and the street was not programmed for rehabilitation. Ms. Gohman stated that staff will provide further information to Council for a policy discussion in the future. Councilmember Omodt requested that staff also provide Council with a leak survey study conducted earlier along with various past water usage and cost information since tiering of rates began. The meeting adjourned at 7:20 p.m. Written Reports provided and documented for recording purposes only: 2. Civic Space and Community Recreation Planning Update 3. Ribbon Cutting – Ellipse on Excelsior Public Art ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: November 1, 2010 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA OCTOBER 18, 2010 1. Call to Order Mayor Jacobs called the meeting to order at 7:35 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein (arrived at 7:39 p.m.), 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), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Inspections Director (Mr. Hoffman), Inspection Services Manager (Ms. Boettcher), Police Chief (Mr. Luse), Police Lieutenant (Ms. Dreier), Finance Accountant (Ms. Monson), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Parks and Recreation Director (Ms. Walsh), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. Study Session Meeting Minutes September 13, 2010 The minutes were approved as presented. 3b. City Council Meeting Minutes September 20, 2010 The minutes were approved as presented. 3c. Study Session Minutes September 27, 2010 Councilmember Sanger requested that seventh paragraph on page 4 be revised to state “Councilmember Sanger requested information regarding the work of MCWD to alleviate the cattails at Bass Lake and to remedy the stink at Twin Lakes.” The minutes were approved as amended. 3d. Special Study Session Minutes October 4, 2010 The minutes were approved as presented. City Council Meeting of November 1, 2010 (Item No. 3b) Page 2 Subject: City Council Minutes October 18, 2010 3e. City Council Minutes October 4, 2010 Councilmember Mavity requested that the first paragraph on page 7 be revised to state “Councilmember Mavity stated that the intent of the ordinance amendment has always been to have the benefits and money accrue to the residents and nonprofits get the money to the nonprofits in the City.” The minutes were approved as amended. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Adopt second reading of Ordinance No. 2391-10 amending the Zoning Ordinance relating to political signs contained in the agenda materials, and approve the summary ordinance contained in the agenda materials for publication. 4b. Adopt Resolution No. 10-108 authorizing the special assessment for the repair of the water and sewer service lines at 3039 Alabama Avenue So., St. Louis Park, MN - P.I.D. 16-117-21-21-0050. 4c. Adopt Resolution No. 10-109 authorizing the special assessment for the repair of the water service line at 2913 Texa-Tonka Avenue, St. Louis Park, MN - P.I.D. 07- 117-21-44-0042. 4d. Adopt Resolution No. 10-110 Authorizing Final Payment in the Amount of $121,144.30, including Change Order No. 4 in the amount of $11,500.00, for Park Place Boulevard Improvement Project, City Project No. 2007-1101 - Contract No. 72-08. 4e. Adopt Resolution No. 10-111 amending Resolution No. 10-092, adopted on September 7, 2010, approving designation of nonconservation land shown on classification list “1528 C/NC” by Board of County Commissioners of Hennepin County. 4f. Adopt Resolution No. 10-112 supporting Environmental Response Fund (ERF) grant application to Hennepin County. 4g. Adopt Resolution No. 10-113 authorizing final payment in the amount of $3,800.00 and accepting completion of the earth work for the 2008 redevelopment project at Fern Hill Park with G L Contracting, Inc., Project No. 20080070, City Contract No. 112-08. 4h. Adopt Resolution No. 10-114 ordering the abatement of the hazardous excavation condition located at 2837 Ottawa Avenue South. 4i. Approve for Filing Planning Commission Minutes August 18, 2010. 4j. Approve for Filing Police Advisory Commission Minutes September 1, 2010. 4k. Approve for Filing Parks & Recreation Advisory Commission Minutes August 18, 2010. City Council Meeting of November 1, 2010 (Item No. 3b) Page 3 Subject: City Council Minutes October 18, 2010 4l. Approve for Filing Vendor Claims. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Finkelstein absent). 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing – On-sale intoxicating and Sunday liquor license – Applebee’s Ms. Stroth presented the staff report and advised that Apple Minnesota, LLC recently purchased all of the Applebee’s restaurants in Minnesota; as such, the Applebee’s located at 8332 Highway 7 is required to apply for a new on-sale intoxicating liquor license to cover the remaining term of the current license, through March 2011. Mayor Jacobs opened the public hearing. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the on-sale intoxicating liquor license with Sunday sales to Apple Minnesota, LLC, dba Applebee’s Neighborhood Bar & Grill located at 8332 Highway 7 within Knollwood Mall in St. Louis Park for the license term through March 1, 2011. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Second Reading - Gambling Ordinance Amendments Ordinance No. 2392-10 Ms. Stroth presented the staff report and stated that following the first reading of the ordinance amendments on October 4th staff explored, at the council’s request, the possibility of imposing a flat fee local tax in lieu of the 1.25 percentage local tax. She advised that the City Attorney has stated that the flat fee can be done as long as no more than $3,000 per location or 3% of gross proceeds are collected. Mitch Speicher, St. Louis Park Hockey Boosters gambling manager, expressed his thanks to the City Council for giving consideration to a flat fee. He requested further information regarding the City’s expenses to cover charitable gambling and questioned the amount of City staff time required to administer the charitable gambling operations in the City. City Council Meeting of November 1, 2010 (Item No. 3b) Page 4 Subject: City Council Minutes October 18, 2010 Ms. Gohman stated that the City’s administrative expenses related to charitable gambling include not only staff time, but also the police department’s time in conducting background investigation and compliance checks. Mayor Jacobs stated that the Council has reviewed the charitable gambling tax in prior years and at one time, the charitable gambling tax was lowered. He added that the City reviews its fees each year to make sure the fees charged are in line with actual costs. Ms. Gohman stated that the City has a limited amount of charitable gambling in the City and it is not anticipated that additional charitable gambling operations will be added in the near future. She added that because of the limited number of charitable gambling operations, staff is comfortable with trying the flat fee approach and then reviewing it each year to see if adjustments are required. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to adopt Ordinance No. 2392-10 alternate ordinance with flat fee local tax option amending Chapter 15 of the St. Louis Park Code of Ordinances relating to Gambling. The motion passed 7-0. 8b. First Reading – Franchise Fee Ordinance Amendments Mr. Heintz presented the staff report and explained that the franchise fees are used to fund the City’s Pavement Management Program. He stated that the franchise fees were first adopted by the Council in 2004 and since that time, the fees have not increased. He indicated that in 2009, it was determined that the Pavement Management Fund was not sustainable for ten years, so the franchise fees are proposed to be increased by $0.75/month per utility to residential customers. Councilmember Sanger stated that the franchise fees are essential to keep the Pavement Management Fund operational and saves the City a lot of money by keeping the roads in good repair. It was moved by Councilmember Sanger, seconded by Councilmember Ross, to approve First Reading of an Ordinance Amending and Restating Ordinance No. 2244-03 Imposing a Franchise Fee on Xcel Energy, a Minnesota Corporation, its successors and assigns, pursuant to Franchise Ordinance No. 2086-97 Section 9-610. The motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Ross, to approve First Reading of an Ordinance Amending and Restating Ordinance No. 2245-03 Imposing a Franchise Fee on Centerpoint Energy Minnegasco, Inc., a Minnesota Corporation, its successors and assigns, pursuant to Franchise Ordinance No. 2236-03, Section 7.1. The motion passed 7-0. City Council Meeting of November 1, 2010 (Item No. 3b) Page 5 Subject: City Council Minutes October 18, 2010 8c. 2nd Reading of an Ordinance Amending Section 8-33 for Business License Fees and Adopting Sections 8-333 and 8-334 regarding Multi-family Rental Licensing Provisions Ordinance No. 2393-10 Mr. Hoffman presented the staff report and stated that following the first reading on October 4th, staff met with representatives of two apartment owners as well as the Minnesota Multi-Housing Association to discuss their concerns and questions. He advised changes have been made to Sec. 8-333(b) by adding “and the incident is connected to the licensed premises” to clarify that the activity can be considered a police contact; in addition, Sec. 8- 333(e) has been amended to add the word “unauthorized” before guests. Lisa Peilen, 2816 Glenhurst, appeared before the City Council on behalf of the Minnesota Multi-Housing Association and expressed the Association’s appreciation to City staff, particularly Mr. Hoffman, Ms. Boettcher, Chief Luse, and Lt. Dreier, for their willingness to meet with them and incorporate their suggested revisions. Jeff Fine, Fine Management of Minnesota, 6215 West Lake Street, appeared before the City Council and expressed concern that the Council would be amending an ordinance that he felt was inequitable, discriminatory, and unreasonable. He stated there appears to be an inequitable judging of police contact with one standard for 3-11 units and another standard for 12+ units, and he did not understand why units should not all be judged the same. He also expressed concern that the ordinance holds him responsible as a property manager/landlord to control tenant behavior. He stated there is also an inequity in the ordinance on the issue of police contact, which is not defined in the ordinance. He indicated he has had police contact in the past that never resulted in someone being cited or arrested, yet he was sanctioned by the City via a letter telling him to warn the resident of their misdeed and arrange a program of some sort to correct their behavior that resulted in the disorderly conduct charge. He stated the City is asking him to interfere with the lifestyles of his residents to an extent that he is supposed to correct as though he were their father, with no support from the City. He reiterated his concern regarding the inconsistencies and inequities contained in the proposed ordinance and felt the City may be challenged on its enactment of this ordinance. He stated that there appear to be three apartment developments in the City that have the most problems and appear to have management that is unable to control their tenants. He urged the City to find a way to deal with these pockets of inappropriate behavior and consider repealing the ordinance because it imposes rules on 150 properties when only three properties are considered problem properties. Councilmember Sanger requested further information regarding use of the word “unauthorized” and its definition in the context of Sec. 8-333(e). Mr. Scott explained that an unauthorized guest is someone not authorized to be on the premises and not authorized by the landlord under the terms of the lease. He stated that unauthorized guests and other non-tenants are people who do not have a right to be on the premises either as a tenant or legitimate guest of the tenant. City Council Meeting of November 1, 2010 (Item No. 3b) Page 6 Subject: City Council Minutes October 18, 2010 Mr. Fine called the Council’s attention to the fact that it does not currently have a good trespassing ordinance in place and encouraged the Council to review the City of Minneapolis’s trespassing ordinance as a good model. He stated that the Minneapolis ordinance allows the police to respond to unauthorized guests on the first occasion of contact. Mayor Jacobs stated that the City will review the Minneapolis ordinance. Councilmember Finkelstein stated that he felt the ordinance was a good ordinance and will provide a tool that can be put to good use by landlords and tenants in the City. It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, to adopt Second Reading of Ordinance No. 2393-10 Amending Chapter 8 of the St. Louis Park Code of Ordinances to Provide for a Provisional Rental Housing License. The motion passed 7-0. 8d. Hennepin County Youth Sports Program Grant Resolution No. 10-115 Ms. Walsh presented the staff report and stated that the City received funding earlier this year for Northside Park and there may be additional funding available that would be used for the redevelopment of the baseball and softball fields at Dakota Park. She advised that funds have been budgeted for Dakota Park improvements and if the grant monies are not received, the City will proceed with completing the improvements in phases. It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt Resolution No. 10-115 Authorizing Filing of Application and Execution of Agreement to Develop Sport or Recreation Facilities under the Provisions of the Hennepin Youth Sports Program. The motion passed 7-0. 8e. Change Order #6 to City Contract 79-09, St. Louis Park Municipal Service Center (MSC) Renovation Project No. 2008-1900 Mr. Hoffman presented the staff report and advised that the MSC project is almost completed. He presented Change Order #6 and reported that it is anticipated the project will continue to come in under budget. He added that the MSC renovation project included renovation of Creekside Park, installation of a new parking lot and picnic table, and an access to the creek landing area. Mayor Jacobs stated that the MSC renovation will allow the City’s operations to be much more efficient and expressed the Council’s congratulations to staff and the contractors. City Council Meeting of November 1, 2010 (Item No. 3b) Page 7 Subject: City Council Minutes October 18, 2010 It was moved by Councilmember Sanger, seconded by Councilmember Ross, to approve Change Order #6 to Contract 79-09 MSC Renovation Project No. 2008-1900. The motion passed 7-0. 9. Communications Mayor Jacobs announced that Bookmark in the Park and St. Louis Park’s Human Rights Commission will be co-sponsoring an evening with Kao Kalia Yang, author of “The Latehomecomer: A Hmong Family Memoir” on October 28th at 7:30 p.m. at City Hall in the Council Chambers. He stated that the event is free and open to the public. Mayor Jacobs reminded residents to vote on Tuesday, November 2nd. He added that if residents are unable to get to their polling place on election day, they can vote absentee by contacting the City Clerk’s office. Councilmember Santa reminded residents of the annual Westwood Nature Center Halloween Party on Friday and Saturday evening, October 22nd and 23rd, from 6:30-9:30 p.m.; the event is very popular and residents need to register for the Halloween party ahead of time. Councilmember Sanger stated that the League of Women Voters will be hosting two candidate forums; the first forum will be held Tuesday, October 19th, for the State Representative races for Seats 44a and 44b and the second forum will be held next Wednesday, October 27th, for the State Senate and County Commissioner seats. Both forums will be held at City Hall and also broadcast on cable TV. 10. Adjournment The meeting adjourned at 8:24 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: November 1, 2010 Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Final Payment Resolution - Contract 28-10 – Weber Electric, Inc. – Project No. 2010-2300. RECOMMENDED ACTION: Motion to Adopt Resolution Authorizing Final Payment in the Amount of $10,653.00, for the Glenhurst Lift Station Project, City Project No. 2010-2300 - Contract No. 28-10. POLICY CONSIDERATION: Does the Council wish to approve the final payment to allow for this project to be closed out? BACKGROUND: City Council approved and authorized the sanitary sewer Glenhurst Lift Station improvements – City Project No. 2010-2300 which was advertised, bid, and awarded to Weber Electric, Inc. on March 10, 2010 in the amount of $67,200.00. The project included replacing the existing diesel fueled emergency generator with a new natural gas powered generator. Other work associated with the project included installation of new electrical controls, a new venting system, and a new emissions system to meet new industry standards. The Contractor completed this work within the contract time allowed (September 1, 2010 completion date) at a final contract cost of $68,223.00, including one change order for $1,023.00. The change order was for work to install an additional natural gas pipe due to the relocation of the gas meter. FINANCIAL OR BUDGET CONSIDERATIONS: The cost for this project was accounted for in the 2010 capital budget and is being paid for out of the Sanitary Sewer Utility Fund. VISION CONSIDERATION: Not applicable. Attachment: Resolution Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Mike Rardin, Director of Public Works Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 4a) Page 2 Subject: Final Payment Resolution Contract 28-10 Weber Electric 2010-2300 RESOLUTION NO. 10-___ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $10,653.00 FOR THE GLENHURST LIFT STATION MPROVEMENT PROJECT, CITY PROJECT NO. 2010-2300, CONTRACT NO. 28-10 NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated March 10, 2010, Weber Electric, Inc. has satisfactorily completed the Glenhurst Lift Station Project as per Contract No. 28-10. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Original Contract Price $67,200.00 Change Order No. 1 $1,023.00 Total Contract $68,223.00 Previous Payments $57,570.00 Balance Due $10,653.00 Meeting Date: November 1, 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: Resolution Releasing Special Assessment Agreement- West End Apts. RECOMMENDED ACTION: Motion to adopt a resolution releasing an agreement concerning special assessments for Improvement Project Nos. 90-54 and 96-19. POLICY CONSIDERATION: Only the City Council has the authority to release this agreement regarding a special assessment that was levied against the West End Apartments site years ago when it was under ownership that pre- dates Duke Realty and The Shops at West End development. The project was completed over 10 years ago and the assessment has been paid. BACKGROUND: This agenda item is a “house keeping” item for the West End Apartments development. The purpose of the attached resolution is to make it clear that the special assessment for an improvement project in the 1990s has been paid. The resolution will be recorded with Hennepin County thereby clearing the title for the West End Apartment site. The special assessment agreement is shown as an exception on the title insurance and the title company will not remove this as an exception on the title insurance without this action. City and County staff researched the matter and verified this special assessment has been paid. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: This is a small technical step enabling a housing development that is consistent with the City’s vision of a community with diverse quality housing options Attachments: Resolution Special Assessment Agreement Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 4b) Page 2 Subject: Resolution Releasing Special Assessment Agreement- West End Apts. RESOLUTION NO. 10-______ CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA A RESOLUTION RELEASING AN AGREEMENT CONCERNING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 90-54 AND 96-19 FINDINGS WHEREAS, on June 19, 1996, the City of St. Louis Park, a Minnesota corporation (“City”) and MEPC American Properties Inc., a Delaware corporation (“Property Owner”) entered into “City of St. Louis Park Agreement Concerning Special Assessments for Improvement Project Nos. 90-54 and 96-19” (“Agreement”); WHEREAS, the Agreement was recorded with the Hennepin County Recorder on November 26, 1996, as Document No. 6666698 and with the Hennepin County Registrar of Titles on May 6, 1997, as Document No. 2807778; WHEREAS, all special assessments levied pursuant to the Agreement have been paid in full; WHEREAS, a part of the property set forth in Exhibit “A” to the Agreement has been replatted into the following property: THE SHOPS AT WEST END, Hennepin County, Minnesota. (“Subject Property”). CONCLUSION NOW THEREFORE BE IT RESOLVED that the City of St. Louis Park hereby rescinds the Agreement in all respects and releases the Subject Property from the Agreement. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 3 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 4 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 5 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 6 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 7 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 8 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 9 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 10 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 11 City Council Meeting of November 1, 2010 (Item No. 4b) Subject: Resolution Releasing Special Assessment Agreement- West End Apts. Page 12 Meeting Date: November 1, 2010 City Council 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: Traffic Study Number 620: Authorize the Installation of Stop Signs at the Intersections of Zarthan Avenue & West 34th Street and Zarthan Avenue & Hamilton Street. RECOMMENDED COUNCIL ACTION: Motion to adopt resolutions authorizing traffic controls at Zarthan Avenue & West 34th Street and Zarthan Avenue & Hamilton Street. POLICY CONSIDERATION: Does the City Council wish to authorize the installation of the stop signs as noted in this staff report? The proposed action is consistent with City policy. BACKGROUND: The City received a request from a resident to install stop signs at the intersections of Zarthan Avenue and West 34th Street and Zarthan Avenue and Hamilton Street. Both intersections are currently uncontrolled. Staff reviewed these intersections and found that they did not meet the traffic criteria set forth in the City’s Traffic Control Policy for the installation of stop signs. However, under the policy a resident can go through the petition process even if the desired controls are not warranted. This requires that 70% of residents within a 600 foot radius of the intersection sign a petition requesting controls. The resident was informed of our findings and requested information on our petition process. In August, petition forms were sent to the resident. In early October, completed petition forms were submitted to the City by the residents. For the intersection of Zarthan Avenue and West 34th Street, 100 out of 128 residents signed the petition requesting a 2-way stop condition in the north-south direction. For the intersection of Zarthan Avenue and Hamilton Street, 63 out of 82 residents signed the petition requesting a 2-way stop condition in the north-south direction. Both of these are above the 70% minimum required by the City policy. Although these stop signs are not warranted per the traffic criteria set forth in the City’s policy, the petition requirements of the City’s policy have been met and, therefore, staff is recommending Council authorize installation of the signs as requested. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting these controls is minimal and will come out of the general operating budget. City Council Meeting of November 1, 2010 (Item No. 4c) Page 2 Subject: Traffic Study Number 620 VISION CONSIDERATION: None. Attachments: Resolutions Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Scott A. Brink, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 4c) Page 3 Subject: Traffic Study Number 620 RESOLUTION NO. 10-_____ RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON ZARTHAN AVENUE SOUTH AT 34th STREET TRAFFIC STUDY NO. 620 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install stop signs on Zarthan Avenue South at W. 34th Street (north and south-bound approaches). Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 4c) Page 4 Subject: Traffic Study Number 620 RESOLUTION NO. 10-_____ RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON ZARTHAN AVENUE SOUTH AT HAMILTON STREET TRAFFIC STUDY NO. 620 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install stop signs on Zarthan Avenue South at Hamilton Street (north and south-bound approaches). Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 2010 City Council 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: Authorize the Removal of Permit Parking at Various Locations. RECOMMENDED COUNCIL ACTION: Motion to adopt resolution authorizing the elimination of permit parking restrictions in front of 2900 Blackstone Avenue, 4013 Raleigh Avenue, and 2935 Sumter Avenue. POLICY CONSIDERATION: Does the City Council wish to remove the permit parking restrictions located in front of the subject properties? The proposed action is consistent with City policy. BACKGROUND: The City has a program for authorizing permit parking for residents who have a medical need for parking adjacent to their homes. Each year, staff contacts residents who currently have permit parking to ensure that it is still required. Several residents have notified the City that their permit parking is no longer necessary and may be removed. Staff has already removed the permit parking signs. The final step is to rescind the original resolutions authorizing the permit parking. FINANCIAL OR BUDGET CONSIDERATION: The cost of removing these controls is minimal and will come out of the general operating budget. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Scott A. Brink, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 4d) Page 2 Subject: Authorize the Removal of Permit Parking at Various Locations RESOLUTION NO. 10-_____ RESOLUTION AUTHORIZING THE ELIMINATION OF PERMIT PARKING RESTRICTIONS IN FRONT OF 2900 BLACKSTONE AVENUE, 4013 RALEIGH AVENUE, AND 2935 SUMTER AVENUE AND RESCINDING RESOLUTION NOS. 01-154, 02-106, AND 07-081 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that traffic controls are no longer necessary at these locations. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works in hereby authorized to remove the following traffic controls and rescind the following resolutions: 1. Rescind Resolution No. 01-154 for the existing permit parking restriction at 2900 Blackstone Avenue. 2. Rescind Resolution No. 02-106 for the existing permit parking restriction at 4013 Raleigh Avenue. 3. Rescind Resolution No. 07-081 for the existing permit parking restriction at 2935 Sumter Avenue. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 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: Worker’s Compensation Insurance Renewal. RECOMMENDED ACTION: Motion to approve Resolution authorizing Worker’s Compensation insurance renewal for December 1, 2010 – November 30, 2011. POLICY CONSIDERATION: Does Council approve the continuation of providing Worker’s Compensation insurance through the League of Minnesota Cities Insurance Trust (LMCIT) for the new premium amount for December 1, 2010 – November 30, 2011? BACKGROUND: In 2003, Council approved participation in the LMCIT for Worker’s Compensation coverage. The policy year for this coverage runs from December 1 – November 30 each year. Self-Insured Costs: From 1993 to 2003, the City was self-insured for Worker’s Compensation, using Sedgwick Claims Management to administer our claims. We continue to be responsible for work comp activity, including reactivated claims, from that timeframe. We are hopeful that we will be able to continue using Sedgwick for administration of these old outstanding claims. We are in the process of obtaining a 2011 quote from Sedgwick to administer these claims. Fully-Insured Costs: LMCIT has provided us with a renewal quote for the new contract year. The quote is as follows: Current 12/1/09 – 11/30/10 Renewal 12/1/10 – 11/30/11 Increase $410,189 $454,829 10.9% The increase is based on estimated payroll and our experience modification factor (review of claims activity) of 1.01. An experience factor higher than 1.0 indicates we need to pay more due to previous years of high claims activity. Our 2011 experience modification factor is based on our claims from 2007, 2008, and 2009. LMCIT has also eliminated the 2% premium discount for participating in managed care. The Citywide Safety Committee regularly reviews worker’s compensation claims activity and is aware of the upward trend in claims. The Committee members work closely with loss control City Council Meeting of November 1, 2010 (Item No. 4e) Page 2 Subject: Worker’s Compensation Insurance Renewal consultants from the League of MN Cities Insurance Trust to develop programs or training that addresses our high claims areas. Volunteers: In January 2007, the City began providing Worker’s Compensation coverage to City volunteers via LMCIT for an annual cost of $2,100. The cost for this renewal has decreased to $1,813 for 2011, and staff recommends continued participation in this program. RECOMMENDATION: We are pleased with how the Worker’s Compensation claims are being handled through LMCIT. Staff recommends that Council approve the attached Resolution authorizing continued participation in the LMCIT for Worker’s Compensation insurance coverage effective December 1, 2010. FINANCIAL OR BUDGET CONSIDERATION: Funds for the fully-insured Worker’s Compensation coverage through LMCIT are included in the budget and charged back to departments. Funds for administration of old outstanding claims from when we were self-insured with Sedgwick have also been reserved in the uninsured loss fund of the budget. VISION CONSIDERATION: Not applicable 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 November 1, 2010 (Item No. 4e) Page 3 Subject: Worker’s Compensation Insurance Renewal RESOLUTION NO. 10-____ RESOLUTION APPROVING CONTINUED PARTICIPATION IN THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) WORKER’S COMPENSATION PROGRAM WHEREAS, the City Council wishes to adopt Worker’s Compensation coverage and programs to limit liability to the City of St. Louis Park; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that: 1. The City continues coverage with the League of MN Cities Insurance Trust for Worker’s Compensation coverage effective December 1, 2010. 2. The City Manager shall continue to secure coverage for management of claims made between the period of 1993 through 2003 when the City was self-insured for Worker’s Compensation and also has the authority to continue to approve payment for necessary administration, processing, and settlement of such open claims. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 2010 Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Acceptance of $2,000 Donation from Sam’s Club for Holiday Programs. RECOMMENDED ACTION: Motion to adopt resolution approving acceptance of donation from Sam’s Club in the amount of $2,000 for Holiday Programs. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? BACKGROUND: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Sam’s Club is graciously donating an amount of $2,000. The donation is given with the restriction that it be used to help pay for Parks and Recreation holiday programs. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used for holiday programs. VISION CONSIDERATION: The donation will assist us in being a connected and engaged community. Attachments: Resolution Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 4f) Page 2 Subject: Acceptance of $2,000 Donation from Sam’s Club for Holiday Programs. RESOLUTION NO. 10-___ RESOLUTION APPROVING ACCEPTANCE OF DONATION FROM SAM’S CLUB IN THE AMOUNT OF $2,000 FOR HOLIDAY PROGRAMS WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Sam’s Club desires to assist in city holiday programs with a donation of $2,000; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Sam’s Club with the understanding that it must be used for holiday programs. Reviewed for Administration Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 2010 Agenda Item #: 4g Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Special Assessment - Sewer Service Line Repair at 2700 Toledo Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 2700 Toledo Avenue South - P.I.D. 31-029-24-32-0060. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Donald and Gloria Carriger, owners of the single family residence at 2700 Toledo Avenue South have requested the City to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $2,971.40. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 4g) Page 2 Subject: Special Assessment - Sewer Service Line Repair at 2700 Toledo Avenue South RESOLUTION NO. 10-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 2700 TOLEDO AVENUE SOUTH, ST. LOUIS PARK, MN P.I.D. 31-029-24-32-0060 WHEREAS, the Property Owners at 2700 Toledo Avenue South have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 2700 Toledo Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $2,971.40. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 2010 Agenda Item #: 4h 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: Special Assessment - Water Service Line Repair at 8007 West 18th Street. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 8007 West 18th Street, St. Louis Park, MN - P.I.D. 06-117-21-44-0001. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Hector Sztainer, owner of the single family residence at 8007 West 18th Street has requested the City to authorize the repair of the water service line for his home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $4,500.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 4h) Page 2 Subject: Special Assessment – Water Service Line Repair at 8007 W 18th Street RESOLUTION NO. 10-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 8007 W. 18TH STREET, ST. LOUIS PARK, MN P.I.D. 06-117-21-44-0001 WHEREAS, the Property Owner at 8007 W. 18TH Street has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 8007 18th Street West; and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $4,500.00. 4. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85 %. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 2010 Agenda Item #: 4i Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period October 16, 2010 through October 29, 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 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 1Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 53.44INSTALLATIONOTHER IMPROVEMENT SUPPLIES3M 53.44 109.00TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC 109.00 50.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESABEARM & STEVE ETZELL, ROBYN 50.00 1,188.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE 1,188.00 213.73PARK MAINTENANCE G & A GENERAL SUPPLIESACME TOOLS 213.73 37,521.73REILLY BUDGET GENERAL PROFESSIONAL SERVICESAECOM INC 37,521.73 300.00HALLOWEEN PARTY OTHER CONTRACTUAL SERVICESALLDAFFER, BARBARA 300.00 3,686.92ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATALLIANCE FOR INNOVATION 3,686.92 497.61SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 497.61 5.98BABIES AND TOTS GENERAL SUPPLIESALMSTEAD'S SUPERVALU 5.98 6,114.68HOIGAARD VILLAGE - PUBLIC ART OTHER CONTRACTUAL SERVICESAMERICAN ARTSTONE CO 6,114.68 4,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESAMERICAN ENGINEERING TESTING I 4,000.00 65.47POLICE G & A TELEPHONEAMERICAN MESSAGING 65.47 581.82PARK AND RECREATION BALANCE SH INVENTORYAMERICAN TIRE DISTRIBUTORS 581.82 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 2 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 2Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 151.89PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 88.72PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 80.16ENTERPRISE G & A GENERAL SUPPLIES 99.14VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 109.81WATER UTILITY G&A OPERATIONAL SUPPLIES 109.81SEWER UTILITY G&A OPERATIONAL SUPPLIES 18.31STORM WATER UTILITY G&A OPERATIONAL SUPPLIES 657.84 31.99COMMUNICATIONS/GV REIMBURSEABL TELEPHONEAT&T 31.99 600.96WATER UTILITY G&A EQUIPMENT MTCE SERVICEAUTOMATIC SYSTEMS INC 600.96SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 300.47STORM WATER UTILITY G&A EQUIPMENT MTCE SERVICE 1,502.39 677.59INSTALLATIONGENERAL SUPPLIESB&F FASTENER SUPPLY 13.66VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 691.25 41.00BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSBACHMANS 41.00 4,565.11TREE REPLACEMENT TREE REPLACEMENTBAILEY NURSERIES INC 4,565.11 151.76PARK MAINTENANCE G & A GENERAL SUPPLIESBATTERIES PLUS 151.76 1,400.00GO BONDS-FIRE STATIONS G&A RENTAL BUILDINGSBELT LINE PROPERTIES INC 1,400.00 1,400.00HUMAN RESOURCES TRAININGBG CONSULTING 1,400.00 373.50NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBLACKSTONE NEIGHBORHOOD ASSN 373.50 12.53OPERATIONSOPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC 12.53 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 3 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 3Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 1,215.82GENERAL REPAIR EQUIPMENT MTCE SERVICEBOYER FORD TRUCKS 1,215.82 312.11PARK AND RECREATION BALANCE SH INVENTORYBOYER TRUCK PARTS 312.11 97.14PARK AND RECREATION BALANCE SH INVENTORYBOYER TRUCKS 97.14 1,208.50ENGINEERING G & A ENGINEERING SERVICESBRAUN INTERTEC CORPORATION 1,208.50 511.13GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYBRO TEX INC 511.13 436.05DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIESBROWN TRAFFIC PRODUCTS 436.05 793.79NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBROWNDALE NEIGHBORHOOD ASSOCIA 793.79 245.00OPERATIONSOPERATIONAL SUPPLIESCARDIAC SCIENCE INC 245.00 449.14FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 162.42PARK MAINTENANCE G & A HEATING GAS 30.73WESTWOOD G & A HEATING GAS 31.68NATURALIST PROGRAMMER HEATING GAS 35.03GO BONDS-FIRE STATIONS G&A HEATING GAS 1,656.39WATER UTILITY G&A HEATING GAS 37.87REILLY G & A HEATING GAS 35.78SEWER UTILITY G&A HEATING GAS 2,439.04 6,403.45ENTERPRISE G & A HEATING GASCENTERPOINT ENERGY SERVICES IN 6,403.45 162.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESCHRISTENSEN, PATRICK 162.50 274.76-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 366.00ADMINISTRATION G & A POSTAGE City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 4 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 4Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 914.38ADMINISTRATION G & A MEETING EXPENSE 45.59HUMAN RESOURCES GENERAL SUPPLIES 400.00HUMAN RESOURCES RECOGNITION 17.31HUMAN RESOURCES TRAINING 135.14DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES 96.00ASSESSING G & A OTHER CONTRACTUAL SERVICES 453.16FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT 43.78FINANCE G & A MEETING EXPENSE 264.90COMM DEV PLANNING G & A TRAINING 30.98GENERAL INFORMATION OFFICE SUPPLIES 35.69POLICE G & A TRAINING 283.47ERUTRAINING 225.27TASK FORCE OTHER 643.63COMMUNICATIONS/GV REIMBURSEABL EQUIPMENT MTCE SERVICE 2,777.19E-911 PROGRAM POLICE EQUIPMENT 257.65OPERATIONSGENERAL SUPPLIES 690.13OPERATIONSFIRE PREVENTION SUPPLIES 546.23OPERATIONSOPERATIONAL SUPPLIES 141.74OPERATIONSEMERGENCY PREPAREDNESS 48.64-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 168.12ORGANIZED REC G & A GENERAL SUPPLIES 10.00ORGANIZED REC G & A TRAINING 1,075.53HOLIDAY PROGRAMS GENERAL SUPPLIES 202.51PERFORMING ARTS GENERAL SUPPLIES 388.98SUMMER PLAYGROUNDS GENERAL SUPPLIES 1,291.59PRE-SCHOOL PROGRAMS GENERAL SUPPLIES 261.55SOCCERGENERAL SUPPLIES 40.30PARK MAINTENANCE G & A GENERAL SUPPLIES 170.00ENVIRONMENTAL G & A SEMINARS/CONFERENCES/PRESENTAT 103.02WESTWOOD G & A GENERAL SUPPLIES 687.51HALLOWEEN PARTY GENERAL SUPPLIES 50.56BUILDING MAINTENANCE GENERAL SUPPLIES 31.45INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICES 258.62AQUATIC PARK MAINTENANCE OTHER CONTRACTUAL SERVICES 21.45VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 95.84CABLE TV G & A OFFICE EQUIPMENT 41.80TV PRODUCTION GENERAL SUPPLIES 158.00HOUSING REHAB G & A TRAINING 192.29PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 13,293.96 160.00INSPECTIONS G & A MECHANICALCLARK, AMY City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 5 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 5Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 160.00 1,343.20CONCESSIONS/HOCKEY ASSOC CONCESSION SUPPLIESCOCA-COLA BOTTLING CO 225.00-CONCESSIONS CONCESSION SUPPLIES 1,118.20 96.90INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESCOLBORN, CHRISTINE 96.90 218.30EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSCOLLECTION SERVICES CENTER 218.30 2,490.45SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY 2,490.45 39.22VEHICLE MAINTENANCE G&A GENERAL SUPPLIESCONNEY SAFETY PRODUCTS 39.22 33.82OPERATIONSOPERATIONAL SUPPLIESCONTINENTAL SAFETY EQUIPMENT 33.82 50.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSCOSTCO WHOLESALE MEMBERSHIP 50.00 43.88POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS 180.09OPERATIONSCLEANING/WASTE REMOVAL SUPPLY 223.97 187.11BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESDALCO ENTERPRISES INC 187.11 5,869.55GENERAL FUND G&A OTHER CONTRACTUAL SERVICESDEPT EMPLOYMENT & ECONOMIC DEV 5,869.55 90.00BOILER MTCE LICENSESDEPT LABOR & INDUSTRY 4,745.10INSPECTIONS G & A DUE TO OTHER GOVTS 264.00INSPECTIONS G & A LICENSES 5,099.10 250.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTDETMER, JAMES 250.00 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 6 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 6Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 1,716.40CABLE TV G & A MACHINERY & AUTO EQUIPMENTDIGITAL PICTURES INC 1,716.40 3,697.26ELECTRICAL SYSTEM MTCE EQUIPMENT MTCE SERVICEDJ ELECTRIC SERVICES INC 833.49PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 1,940.11ARENA MAINTENANCE EQUIPMENT MTCE SERVICE 6,470.86 196.70TREE INJECTION TREE MAINTENANCEDRIESSEN, NANCY 196.70 253.83ADMINISTRATION G & A GENERAL SUPPLIESDS SOLUTIONS INC 253.83 662.51SEWER UTILITY G&A EQUIPMENT PARTSELECTRIC PUMP INC 662.51 30,000.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDIELECTRIC RESOURCE CONTRACTORS 30,000.00 155.11VEHICLE MAINTENANCE G&A OFFICE SUPPLIESEMKAT INC 155.11 570.12PARK AND RECREATION BALANCE SH INVENTORYEQUIPMENT DISTRIBUTION MANAGEM 570.12 2,250.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESESKELPORTER CONSULTING INC 2,250.00 40.00SOLID WASTE G&A SEMINARS/CONFERENCES/PRESENTATEUREKA RECYCLING 34,155.18SOLID WASTE COLLECTIONS RECYCLING SERVICE 34,195.18 757.72PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 40.43VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 798.15 7.15POLICE G & A POSTAGEFEDEX 7.15 263.87OPERATIONSOPERATIONAL SUPPLIESFIRE EQUIPMENT SPECIALTIES INC 263.87 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 7 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 7Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 400.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESFLANNIGAN, JANE 400.00 377.38PARK AND RECREATION BALANCE SH INVENTORYFORCE AMERICA INC 377.38 3,911.40STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIFOTH INFRASTRUCTURE & ENVIRONM 3,911.40 17.67PARK AND RECREATION BALANCE SH INVENTORYFOWLER ELECTRIC COMPANY 17.67 1,124.81PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESFRIEDGES LANDSCAPING INC 1,124.81 21.00COMM DEV PLANNING G & A MEETING EXPENSEFULTON, ADAM 111.50COMM DEV PLANNING G & A MILEAGE-PERSONAL CAR 132.50 3,800.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESG L CONTRACTING INC 3,800.00 372.17ENGINEERING G & A GENERAL SUPPLIESG S DIRECT 372.17 170.00VOLLEYBALLPROGRAM REVENUEGLUHOVA, SVETLANA 170.00 845.00PUBLIC WORKS OPS G & A SUBSCRIPTIONS/MEMBERSHIPSGREAT LAKES WEATHER SERVICE 845.00 4,210.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESHARMONY THEATER COMPANY & SCHO 4,210.00 2,820.80WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 2,820.80 37.50WESTWOOD G & A GENERAL SUPPLIESHEGNA, JESSICA 37.50 57,500.00CDBG BALANCE SHEET DUE TO OTHER GOVTSHENNEPIN COUNTY City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 8 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 8Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 57,500.00 2,240.00POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH 800.00OPERATIONSRADIO COMMUNICATIONS 256.00OPERATIONSEMERGENCY PREPAREDNESS 3,296.00 8,487.20PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO 8,487.20 1,028.56POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFFS ACCTG 1,028.56 32.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSHENNEPIN COUNTY TAXPAYER SERVI 32.00 5,456.25POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER 71,437.61CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 76,893.86 5,266.44MUNICIPAL BLDG BUILDINGS & STRUCTURESHENRICKSEN PSG 5,266.44 1,125.00SOFTBALLOTHER CONTRACTUAL SERVICESHISLOP, DANIEL 516.00-EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 609.00 62.02GENERAL FUND BALANCE SHEET CLEARING ACCOUNTHOME DEPOT CREDIT SERVICES 442.94GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 4.53ROUTINE MAINTENANCE GENERAL SUPPLIES 15.99ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIES 30.14PARK MAINTENANCE G & A GENERAL SUPPLIES 124.71PARK BUILDING MAINTENANCE GENERAL SUPPLIES 147.93SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIES 3.18WATER UTILITY G&A GENERAL SUPPLIES 110.35SEWER UTILITY G&A BLDG/STRUCTURE SUPPLIES 941.79 100.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 100.00 437.50KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 9 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 9Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 437.50 47.01PATCHING-PERMANENT GENERAL SUPPLIESHSBC BUSINESS SOLUTIONS 32.05VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 79.06 1,601.75EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,601.75 100.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSICC 100.00 1,154.95CABLE TV G & A OTHER CONTRACTUAL SERVICESIMPLEX.NET INC 1,154.95 2,516.69STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEINDELCO 2,516.69 36.36ADMINISTRATION G & A OFFICE SUPPLIESINNOVATIVE OFFICE SOLUTIONS 36.36 54.75OFF-LEASH DOG PARK GENERAL SUPPLIESINTL SECURITY PRODUCTS 54.75 361.15PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD 838.91GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,200.06 160.62ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN 126.73POLICE G & A OTHER CONTRACTUAL SERVICES 287.35 37.58PARK AND RECREATION BALANCE SH INVENTORYJERRY'S MIRACLE MILE 37.58 16.02PARK MAINTENANCE G & A GENERAL SUPPLIESJOHN DEERE LANDSCAPES/LESCO 16.02 110.13PARK AND RECREATION BALANCE SH INVENTORYJOHN HENRY FOSTER MN 110.13 98.64HALLOWEEN PARTY GENERAL SUPPLIESJOHNSON, DICK City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 10 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 10Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 98.64 34,536.34ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICESKASSA CONSTRUCTION, RON 1,331.50CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 384.28SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 19,656.90CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 55,909.02 276.92EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 276.92 265.12TREE INJECTION TREE MAINTENANCEKIMMERLE, MEREDITH 265.12 69.77PARK AND RECREATION BALANCE SH INVENTORYKOVATCH MOBILE EQUIPMENT CORP 69.77 2,375.75GENERAL REPAIR EQUIPMENT MTCE SERVICEKREMER SPRING & ALIGNMENT LLC 2,375.75 1,088.17BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICEKRUGE-AIR INC 1,088.17 222.36TREE INJECTION TREE MAINTENANCELAABS, THOMAS 222.36 244.74AQUATIC PARK BUDGET GENERAL SUPPLIESLAKESHORE LEARNING MATERIALS 244.74 51.51SEWER UTILITY G&A OTHER CONTRACTUAL SERVICESLARSCO INC 51.51 59.80HOUSING REHAB G & A MILEAGE-PERSONAL CARLARSEN, KATHY 59.80 373.20PARK BUILDING MAINTENANCE GENERAL SUPPLIESLARSON, JH CO 373.20 2,268.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,268.00 40.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATLEAGUE OF MN CITIES City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 11 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 11Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 40.00 72.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESLENTNER, LAURA 72.00 93.82-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSLIGHTING PLASTICS OF MN INC 1,458.52BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 1,364.70 227.80PARK AND RECREATION BALANCE SH INVENTORYLITTLE FALLS MACHINE INC 227.80 973.82PARK AND RECREATION BALANCE SH INVENTORYLOWELL'S REFINISH MASTERS 973.82 2,996.29PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESLSV METALS INC 2,996.29 4,543.86ACCIDENT REPAIR EQUIPMENT MTCE SERVICEMAACO AUTO PAINTING 4,543.86 1,225.00TV PRODUCTION SEMINARS/CONFERENCES/PRESENTATMACTA 1,225.00 258.51PUBLIC WORKS OPS G & A OFFICE SUPPLIESMARS CO, W P & R S 258.51 1,000.00ESCROWSPMC ESCROWMARTHALER, KATHLEEN 1,000.00 99.05WESTWOOD G & A MILEAGE-PERSONAL CARMCCONNELL, BECKY 99.05 45.14FABRICATIONSMALL TOOLSMENARDS 32.45PARK MAINTENANCE G & A GENERAL SUPPLIES 51.09WESTWOOD G & A GENERAL SUPPLIES 32.81HALLOWEEN PARTY GENERAL SUPPLIES 161.49 57.50PUBLIC WORKS G & A MILEAGE-PERSONAL CARMERKLEY, SCOTT 57.50 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 12 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 12Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 325.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESMETRO EROSION, INC 325.00 4,158.00INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL 303,683.28OPERATIONSCLEANING/WASTE REMOVAL SERVICE 307,841.28 230.91TREE INJECTION TREE MAINTENANCEMEYER, RODNEY 230.91 830.00POLICE G & A EQUIPMENT MTCE SERVICEMID AMERICA BUSINESS SYSTEMS 830.00 1,320.00INVASIVE PLANT MGMT/RESTORATIO OTHER IMPROVEMENT SUPPLIESMIDWEST AQUA CARE 1,533.00INVASIVE PLANT MGMT/RESTORATIO LANDSCAPING MATERIALS 2,853.00 73,465.70SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 2,100.03WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 75,565.73 1,679.22POLICE G & A GENERAL SUPPLIESMIDWEST BADGE & NOVELTY CO 1,679.22 1,280.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 1,280.00 552.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 552.00 108.11VEHICLE MAINTENANCE G&A GENERAL SUPPLIESMINNEAPOLIS OXYGEN CO 108.11 1,722.73EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,722.73 4,540.78GENERAL FUND BALANCE SHEET CLEARING ACCOUNTMINNESOTA DEPT COMMERCE 4,540.78 75.00OPERATIONSTRAININGMINNESOTA FIRE SVC CERT BD 75.00 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 13 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 13Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 160.00SOFTBALLOTHER CONTRACTUAL SERVICESMRPA 160.00 173.77PARK AND RECREATION BALANCE SH INVENTORYMTI DISTRIBUTING CO 113.12IRRIGATION MAINTENANCE GENERAL SUPPLIES 286.89 43.88OPERATIONSSMALL TOOLSMUNICIPAL EMERGENCY SERVICES I 43.88 438.00REILLY BUDGET OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 438.00 1,479.15PARK AND RECREATION BALANCE SH INVENTORYNAPA (GENUINE PARTS CO) 24.33BUILDING MAINTENANCE GENERAL SUPPLIES 90.81VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 179.05GENERAL REPAIR GENERAL SUPPLIES 5.01WATER UTILITY G&A EQUIPMENT PARTS 11.03WATER UTILITY G&A EQUIPMENT MTCE SERVICE 77.20SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 1,866.58 80.37ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS 157.61HUMAN RESOURCES TELEPHONE 383.26RESEARCH & DEVELOPMENT TELEPHONE 73.37ASSESSING G & A TELEPHONE 124.54FINANCE G & A TELEPHONE 329.39EDA / HA REIMBURSEMENT TELEPHONE 1,534.61POLICE G & A TELEPHONE 525.72OPERATIONSTELEPHONE 73.37INSPECTIONS G & A TELEPHONE 266.01ENGINEERING G & A TELEPHONE 453.71PUBLIC WORKS OPS G & A TELEPHONE 126.99PARK AND REC G&A TELEPHONE 428.90ORGANIZED REC G & A TELEPHONE 351.79PARK MAINTENANCE G & A TELEPHONE 78.71ENVIRONMENTAL G & A TELEPHONE 308.22WESTWOOD G & A TELEPHONE 51.17REC CENTER/AQUATIC PARK SAL TELEPHONE 74.49VEHICLE MAINTENANCE G&A TELEPHONE 371.13WATER UTILITY G&A TELEPHONE 179.86SEWER UTILITY G&A TELEPHONE City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 14 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 14Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 17.43SOLID WASTE G&A TELEPHONE 5,990.65 225.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICESNICOLELLI ARCHITECTS 225.00 330.43PARK AND RECREATION BALANCE SH INVENTORYNORTHERN SAFETY TECHNOLOGY INC 330.43 40.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER APA 40.00 18.00HUMAN RESOURCES RECRUITMENTNORTHWORKS OCCUPATIONAL HEALTH 18.00 115.75INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESOBERSTAR, KATIE 115.75 9,141.13MUNICIPAL BLDG BUILDINGS & STRUCTURESOERTEL ARCHITECTS 9,141.13 158.50WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK 158.50 207.21ADMINISTRATION G & A OFFICE SUPPLIESOFFICE DEPOT 416.21POLICE G & A OFFICE SUPPLIES 130.64INSPECTIONS G & A GENERAL SUPPLIES 116.08PUBLIC WORKS G & A OFFICE SUPPLIES 870.14 21.32WATER UTILITY G&A EQUIPMENT PARTSOLSEN CHAIN & CABLE CO INC 21.32 96.18NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESON SITE SANITATION 53.44SOLID WASTE G&A OPERATIONAL SUPPLIES 149.62 365.10EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESOPTUM HEALTH FINANCIAL SERVICE 365.10 152.63INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPAPP, MELISSA 152.63 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 15 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 15Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 2,500.00ESCROWSPMC ESCROWPATRIOT BUSINESS GROUP 2,500.00 324.99TREE INJECTION TREE MAINTENANCEPAULSEN, LAWRENCE 324.99 3,515.69BUILDING MAINTENANCE BUILDING MTCE SERVICEPBBS EQUIPMENT CORP 3,515.69 2.68WATER UTILITY G&A OTHER CONTRACTUAL SERVICESPETTY CASH 44.44WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 24.45SOLID WASTE G&A MEETING EXPENSE 71.57 66.97WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC 2.15FAMILY PROGRAMS GENERAL SUPPLIES 6.44HALLOWEEN PARTY GENERAL SUPPLIES 7.98SCHOOL GROUPS GENERAL SUPPLIES 8.54TUESDAY TURTLES GENERAL SUPPLIES 92.08 2,033.83PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC 2,033.83 165.00REFORESTATIONLANDSCAPING MATERIALSPLANTRA INC 165.00 431.43INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESPOLK, MARLA 431.43 2,440.55PARK AND RECREATION BALANCE SH INVENTORYPOMP'S TIRE SERVICE INC 164.99GENERAL REPAIR EQUIPMENT MTCE SERVICE 2,605.54 211.00WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603 211.00SEWER UTILITY G&A POSTAGE 211.00SOLID WASTE COLLECTIONS POSTAGE 210.99STORM WATER UTILITY G&A POSTAGE 843.99 1,172.50SOCCEROTHER CONTRACTUAL SERVICESPOTAPENKO, VITALII City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 16 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 16Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 1,172.50 51.00INSPECTIONS G & A MECHANICALPRACTICAL SYSTEMS 51.00 338.10STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEPRAIRIE RESTORATIONS INC 338.10 7,006.73TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE 7,006.73 7,633.26WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESPROGRESSIVE CONSULTING ENGINEE 7,633.26 49.52-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSPROPET DISTRIBUTORS INC 769.87PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 720.35 1,639.50STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQ3 CONTRACTING 1,639.50 2,277.64STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 2,277.64 31.08HUMAN RESOURCES GENERAL SUPPLIESQUICKSILVER EXPRESS COURIER 29.53VEHICLE MAINTENANCE G&A POSTAGE 60.61 49,915.29GENERAL FUND BALANCE SHEET PREPAID EXPENSESQWEST 70.99IT G & A TELEPHONE 447.25COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 9,533.50E-911 PROGRAM EQUIPMENT MTCE SERVICE 209,296.84E-911 PROGRAM OFFICE FURNITURE & EQUIPMENT 269,263.87 70.00SOLID WASTE RECYCLING GRANT SEMINARS/CONFERENCES/PRESENTATRAM/SWANA 70.00 4,276.89COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESREACH FOR RESOURCES INC 4,276.89 114.95ENGINEERING G & A CLOTHING AND TOOL ALLOWANCERED WING SHOE STORE City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 17 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 17Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 114.95 161.66SOLID WASTE COLLECTIONS OTHERREHRIG PACIFIC CO 161.66 292.26PARK AND RECREATION BALANCE SH INVENTORYRIGID HITCH INC 292.26 504.58TREE INJECTION TREE MAINTENANCERILEY, THOMAS 504.58 145.27PARK AND RECREATION BALANCE SH INVENTORYRMS RENTALS 145.27 227.94ORGANIZED REC G & A MILEAGE-PERSONAL CARROSA, NATE 227.94 225.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICESSALA ARCHITECTS INC 225.00 250.84BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSCAN AIR FILTER INC 250.84 54.31PARK AND RECREATION BALANCE SH INVENTORYSCHARBER & SONS INC 54.31 356.42PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSCHERER BROS. LUMBER CO. 356.42 120.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESSCHMIDT, KELLIE 120.00 299.33TREE INJECTION TREE MAINTENANCESCHMIDT, MARGARET 299.33 156.00ASSESSING G & A MILEAGE-PERSONAL CARSCHOMER, KELLEY 156.00 26,926.40PE DESIGN IMPROVEMENTS OTHER THAN BUILDISEH 308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 27,234.40 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 18 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 18Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 1,722.14PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSHERWIN WILLIAMS 1,722.14 404.29TREE INJECTION TREE MAINTENANCESIERK, DONNA 404.29 848.55GENERAL BUILDING MAINTENANCE EQUIPMENT MTCE SERVICESIMPLEXGRINNELL LP 848.55 14,931.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESSIMPSON CO INC, M.E. 14,931.00 3,150.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESSL-SERCO 3,150.00 1,599.53EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,599.53 175.00POLICE G & A TRAININGSOUTH METRO PUBLIC SAFETY TRAI 575.00OPERATIONSTRAINING 750.00 100.00GENERAL REPAIR EQUIPMENT MTCE SERVICESPEEDY KEYS & SECURITY INC 100.00 3,500.00OPERATIONSTRAININGSPRING LAKE PARK FIRE DEPARTME 3,500.00 38.83PARK AND RECREATION BALANCE SH INVENTORYSPS COMPANIES INC 38.83 2,925.69PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 2,925.69 116.41PARK AND RECREATION BALANCE SH INVENTORYSTONEBROOKE EQUIPMENT INC 116.41 1,025.36POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S 96.11POLICE G & A POLICE EQUIPMENT 1,121.47 3,255.55GENERAL REPAIR EQUIPMENT MTCE SERVICESUBURBAN CHEVROLET City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 19 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 19Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 3,255.55 141.22ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 700.00COMMUNICATION & MARKETING BUDG OTHER CONTRACTUAL SERVICES 841.22 105.00WATER UTILITY G&A TRAININGSUSA 105.00SEWER UTILITY G&A TRAINING 105.00STORM WATER UTILITY G&A TRAINING 315.00 136.30FINANCE G & A MILEAGE-PERSONAL CARSWANSON, BRIAN 136.30 76.11ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 76.11 400.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESTHELEN, SHEILA 400.00 88.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESTHOMPSON, HOLLY 88.00 1,202.69ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 1,202.69 1,763.44SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESTRAFFIC CONTROL CORP 1,763.44 225.00COUNTS AND STUDIES OTHER CONTRACTUAL SERVICESTRAFFIC DATA INC 225.00 9,888.65PAINTINGOTHER CONTRACTUAL SERVICESTRAFFIC MARKING SERVICE INC 9,888.65 273.56GROUNDS MTCE LANDSCAPING MATERIALSTRUGREEN - MTKA 5640 273.56 65.83PARK AND RECREATION BALANCE SH INVENTORYTURFWERKS LLC 65.83 75.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATTWIN WEST CHAMBER OF COMMERCE City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 20 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 20Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 75.00 1,535.20GENERAL BUILDING MAINTENANCE EQUIPMENT MTCE SERVICEUHL CO INC 1,535.20 211.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 211.00 6,299.22TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEUPPER CUT TREE SERVICE 6,299.22 148.74POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC 563.66OPERATIONSTELEPHONE 712.40 50.00HUMAN RESOURCES RECOGNITIONVAIL, LORI 11.58HUMAN RESOURCES CITE 61.58 188.91OPERATIONSOPERATIONAL SUPPLIESVALLEY NATIONAL GASES WV LLC 34.38SEWER UTILITY G&A GENERAL SUPPLIES 223.29 14,178.63WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 14,178.63 1,228.86VOICE SYSTEM MTCE TELEPHONEVERIZON WIRELESS 1,228.86 1,927.55SEWER UTILITY G&A OTHER CONTRACTUAL SERVICESWASTE MANAGEMENT OF WI-MN 1,927.55 220.50WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 220.50 240.43WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWEBER ELECTRIC 240.43 12,716.87FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 20.79OPERATIONSELECTRIC SERVICE 26,361.22PUBLIC WORKS OPS G & A ELECTRIC SERVICE 4,040.66PARK MAINTENANCE G & A ELECTRIC SERVICE City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 21 10/28/2010CITY OF ST LOUIS PARK 9:12:49R55CKSUM LOG23000VO 21Page -Council Check Summary 10/29/2010 -10/16/2010 Vendor AmountBusiness Unit Object 216.15PARK BUILDING MAINTENANCE ELECTRIC SERVICE 23.38BRICK HOUSE (1324)ELECTRIC SERVICE 62.21WW RENTAL HOUSE (1322)ELECTRIC SERVICE 34,951.02WATER UTILITY G&A ELECTRIC SERVICE 1,947.93REILLY BUDGET ELECTRIC SERVICE 3,159.56SEWER UTILITY G&A ELECTRIC SERVICE 2,064.55STORM WATER UTILITY G&A ELECTRIC SERVICE 85,564.34 18,857.16PARK AND RECREATION BALANCE SH INVENTORYYOCUM OIL CO INC 18,857.16 279.26WATER UTILITY G&A SMALL TOOLSZACKS INC 279.27SEWER UTILITY G&A SMALL TOOLS 558.53STORM WATER UTILITY G&A SMALL TOOLS 1,117.06 226.60ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING 226.60 Report Totals 1,379,673.03 City Council Meeting of November 1, 2010 (Item No. 4i) Subject: Vendor Claims Page 22 Meeting Date: November 1, 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 Jenna Sheldon as a Youth Commissioner to the Telecommunications Advisory Commission for the term ending August 31, 2011. POLICY CONSIDERATION: Does Council wish to appoint Jenna Sheldon as a youth commissioner to the Telecommunications Advisory Commission for the term expiring August 31, 2011? BACKGROUND: City Council reviewed Ms. Sheldon’s application and interviewed her on October 25, 2010. Council discussed the candidate and unanimously agreed to make appointment of Ms. Sheldon to the Telecommunications Advisory Commission for the term beginning immediately and expiring on August 31, 2011. Youth terms are one year or less depending on the appointment date and expire on August 31. Vacancies for Commissioners The City Clerk’s office continually recruits for interested individuals for our Boards & Commissions. Current openings for an adult commissioner are for the Charter Commission and Human Rights Commission. Current opening for a youth commissioner is for Police Advisory Commission. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Boards and Commissions support the Council’s Strategic Direction of being a connected and engaged community. Prepared by: Debbie Fischer Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting Date: November 1, 2010 Agenda Item #: 6a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Assessment of Delinquent Utilities, Tree Removal/Injection, Mowing, False Alarms, and Other Miscellaneous Charges. RECOMMENDED ACTION: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to adopt resolution to assess delinquent water, sewer, storm sewer, refuse and other fees and charges. POLICY CONSIDERATION: Does the City Council wish to collect outstanding fees and charges through the special assessment process? BACKGROUND: Each of the customers involved in this special assessment process received a City service. Subsequently, the customers were then billed through our regular billing process. The invoice(s) is/are now past due, so the recommended method of collecting the past due amounts is through certification as a special assessment to the property for the next year or years taxes depending on the delinquency. In advance of the public hearing date, individual letters were mailed to property owners and tenants, if applicable, advising them of the assessment and their right to be heard before the City Council. The table below shows comparison data from 2008 - 2010 in relation to number of letters mailed and value of delinquent amounts. Year Number of Letters Delinquent Amounts 2010 1634 $743,023 2009 1687 $753,624 2008 1800 $674,705 Each year there are a number of residents who pay their delinquent amount(s) before the certification deadline, thereby reducing the final amount certified and sent to Hennepin County. In addition, during the month of October, there are several hundred property owners who contact the City with questions about their outstanding balance(s) and the certification process. The delinquent amount balance was $555,792.45 as of the close of business on October 26, 2010. Staff will provide the delinquent amount balance as of the close of business on November 1, 2010 at the Council meeting. Customers have until November 5, 2010 to pay the delinquent amount or contact the City to make payment arrangements. The amounts shown do not include interest or the $30.00 per City Council Meeting of November 1, 2010 (Item 6a) Page 2 Subject: Assessment of Delinquent Utilities, Tree Removal/Injection, Mowing, False Alarms, & Other Misc. Charges account administrative fee which the City charges. A copy of the assessment roll is on file with the City Clerk’s office for review. NEXT STEPS: After conducting a public hearing, the City Council is asked to direct the assessment of delinquent utility accounts, tree removal/injection, false alarm fees, and other miscellaneous charges against the benefiting property. Staff will continue to collect payments related to the delinquent accounts and work with residents to resolve issues related to their delinquent accounts. All delinquent accounts outstanding as of November 5, 2010 will be certified to Hennepin County for collection as part of the owner’s property tax bill. Upon certification, the delinquent amounts will become a lien on the individual properties. At this time, the Accounting Division has not received notice of anyone wanting to speak at the Public Hearing. FINANCIAL OR BUDGET CONSIDERATION: Collection of these charges is vital to the financial stability of our utility systems and to reimburse the city for expenses incurred in providing services. VISION CONSIDERATION: Not applicable Attachments: Sample Certification Letter Resolution Levying Assessment Prepared by: Patricia A. Sulander, Accountant Reviewed by: Steven Heintz, Finance Supervisor Brian A. Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item 6a) Page 3 Subject: Assessment of Delinquent Utilities, Tree Removal/Injection, Mowing, False Alarms, & Other Misc. Charges Date of Notice: October 1, 2010 Customer Mailing Address Mailing City, Mailing State, Mailing Zip RE: Charges Owed: Service Address : Delinquent Amount: Account Number: Customer Number: Property I.D. Number: Dear: The City of St. Louis Park encourages its customers to remain current in the payment of their utility bills. When accounts become delinquent, according to Minnesota law, they may be certified to Hennepin County to be collected with property taxes payable in the next year. City of St. Louis Park records show this account was delinquent as of September 21, 2010. In an effort to avoid the account from being certified to the property taxes, the City is requesting that payment in full be received at City Hall by Friday, November 5, 2010 at 4:30 p.m. If payment in full is not received by that date and time, the outstanding delinquent amount, plus an administrative charge of $30.00, and interest at a rate of 5.85% for 13 months will be sent to Hennepin County for collection with the property taxes in 2011. The City Council will consider final action on all delinquent accounts at a public hearing during the regular Council meeting on November 1, 2010 at 7:30 p.m. in the Council Chambers, 5005 Minnetonka Blvd. A written appeal may be presented to the Council at that time or appeals may be made to Brian Swanson – Controller, 5005 Minnetonka Blvd., St. Louis Park, MN 55416. Please feel free to contact our office at (952) 924-2111 if you have questions regarding this notice. Thank you for your prompt attention to this matter. Brian Swanson Controller City Council Meeting of November 1, 2010 (Item 6a) Page 4 Subject: Assessment of Delinquent Utilities, Tree Removal/Injection, Mowing, False Alarms, & Other Misc. Charges RESOLUTION NO. 10-____ LEVYING ASSESSMENT AND REASSESSMENT FOR DELINQUENT UTILITY ACCOUNTS, TREE REMOVAL/INJECTION, FALSE ALARM FEES AND OTHER MISCELLANEOUS CHARGES WHEREAS, the City Council has heretofore determined by ordinance the rates and charges for water, sewer, storm water and refuse services of the city and has provided for the abatement of tree removal/injection, grass/weed cutting and other miscellaneous charges to a home or business shall be at the expense of the owners of the premises involved; and WHEREAS, all such sums become delinquent and assessable against the property served under Section 6-158, Section 6-206, Section 9-103, Section 9-110, Section 11-2004 of the St. Louis Park Ordinance Code and Minnesota Statutes 18.023, 18.271, 443 and 429; and WHEREAS, the City Clerk has prepared the attached assessment roll setting forth an assessment against each tract or parcel of land served by water, sewer, storm water and refuse services of the City or charged for the costs of abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on November 5, 2010; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that said assessment roll is hereby adopted and approved, and there is hereby levied and assessed or reassessed against each and every tract of land described therein an assessment in the amounts respectively therein abating water, sewer, storm water , refuse, grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on November 5, 2010; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to deliver said assessment or reassessment roll to the Auditor of Hennepin County for collection of the assessment in the same manner as other municipal taxes are collected and payment thereof enforced with interest from the date of this resolution at the rate of five point eight five percent (5.85 %) per annum. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 2010 Agenda Item #: 6b 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 an Ordinance Providing for a Local Lodging Tax. RECOMMENDED ACTION: Mayor to open and close the public hearing. Motion to approve the first reading of an Ordinance providing for a Local Lodging Tax and set second reading for November 15, 2010. POLICY CONSIDERATION: Does the City Council support the establishment of a 3% local lodging tax to fund the operation of a St. Louis Park Convention & Visitors Bureau? BACKGROUND: For over a year the City Council has been discussing the possible formation of a Convention and Visitors Bureau (CVB) to promote St. Louis Park as a destination for all forms of tourism including visitors, meetings, conferences, and conventions. During that period much research has been conducted on the concept and considerable public process has occurred with local stakeholders in conjunction with the TwinWest Chamber of Commerce. In addition, the City Council has reviewed the formal documents needed to establish a CVB so as to affirm the premise and structure of the proposed organization. These documents included a Concept Plan, Articles of Incorporation, Bylaws, Operating Agreement, preliminary budget and Lodging Tax Ordinance. At the October 4th Study Session it was the consensus of the City Council to proceed with the formal establishment of a CVB to further the economic development and vitality of St. Louis Park. Such a process involves the holding of a public hearing, the adoption of an ordinance establishing a local lodging tax, and the subsequent approval of an Operating Agreement between the City and the CVB. The proposed Ordinance requires two readings. This meeting is the first reading and a public hearing to provide the community the opportunity to officially comment on the proposed Ordinance. The hearing has been duly noticed in the City’s official newspaper. Staff also sent a letter to the local hotels informing them of the hearing. Local Lodging Tax Ordinance The primary revenue source for operating convention and visitors bureaus in Minnesota is a local lodging tax. Minn Stat. 469.190, Subd. 1 authorizes local governments 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. Under the proposed Ordinance, the tax shall be paid to the City by the operator of the local lodging establishments (of which there are currently six) not later than 25 days after the end of the month in which the taxes are collected. City Council Meeting of November 1, 2010 (Item No. 6b) Page 2 Subject: First Reading of an Ordinance Providing for a Local Lodging Tax Pursuant to state statute, ninety-five percent of gross proceeds from the 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 a Minnesota Attorney General’s opinion, 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. The proposed Ordinance will take effect January 1, 2011. As per the proposed Operating Agreement, the Lodging Tax Ordinance may be rescinded if for some reason it is determined that the CVB is not performing as it was originally envisioned. The City Attorney assisted in drafting the proposed ordinance. Next Steps The 2nd reading and final approval of the proposed Ordinance is scheduled for November 15th. At that meeting the City Council will also be asked to formally approve the Operating Agreement between the City and CVB. After November 15th the Articles of Incorporation will be filed with the Secretary of State’s Office and members of the CVB Board of Directors will be recruited and selected. A meeting of the CVB Board of Directors will then be held at which officers will be elected and founding documents (such as the Bylaws, Operating Agreement, Business Plan, and Job Descriptions) will be considered. Recruitment for a President of the CVB will occur in the first quarter of next year. FINANCIAL OR BUDGET CONSIDERATION: In order to form a convention and visitors bureau the City Council needs to approve a local lodging tax to serve as the organization’s primary revenue source. The City will likely provide some upfront funding and in-kind services to the CVB during approximately the first half of next year to cover some of the proposed organization’s initial start-up costs. Such funding would derive from the Development Fund. 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 (to defray the cost of collection and disbursement of the tax revenues). Ultimately, the goal is to have the CVB wean itself from City services and operate independently. As stated in the proposed Operating Agreement, the City will have no liability for the proposed CVB other than responsibility for collecting the lodging tax every month and disbursing 95% of the revenue to the CVB. The Operating Agreement provides the City with the right to terminate the Operating Agreement should the proposed CVB not perform its duties as originally envisioned. The proposed bylaws of the CVB identify the Mayor and City Manager as members of the CVB board. Based on a conservative estimate of revenues from a 3% lodging tax, the first year budget for the CVB is to be approximately $565,000. 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. City Council Meeting of November 1, 2010 (Item No. 6b) Page 3 Subject: First Reading of an Ordinance Providing for a Local Lodging Tax Attachments: Lodging Tax Ordinance Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager and EDA Executive Director City Council Meeting of November 1, 2010 (Item No. 6b) Page 4 Subject: First Reading of an Ordinance Providing for a Local Lodging Tax 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) calendar 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) calendar 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. City Council Meeting of November 1, 2010 (Item No. 6b) Page 5 Subject: First Reading of an Ordinance Providing for a Local Lodging Tax (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. The operator may take a credit against taxes payable the amount of taxes previously paid for rent that was not actually collected. 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) calendar 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) calendar 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) calendar 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 City Council Meeting of November 1, 2010 (Item No. 6b) Page 6 Subject: First Reading of an Ordinance Providing for a Local Lodging Tax for the taxable period covered by such return) shall be paid within five (5) calendar 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 is not paid within thirty (30) calendar 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, and costs and disbursements. 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 one and one-half percent (1.5%) per month. Sec. 8-807. Interest. The amount of tax not timely paid shall bear interest at the rate of one and one-half percent (1.5%) per month from the time such tax should have been paid until paid. Any interest 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 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) calendar 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) calendar 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 City Council Meeting of November 1, 2010 (Item No. 6b) Page 7 Subject: First Reading of an Ordinance Providing for a Local Lodging Tax 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) calendar 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. Section 2. This Ordinance shall take effect January 1, 2011. Reviewed for Administration Adopted by the City Council November 15, 2010 Tom Harmening, City Manager Jeff Jacobs, Mayor Attest: Nancy Stroth, City Clerk APPROVED AS TO FORM: City Attorney Meeting Date: November 1, 2010 Agenda Item #: 6c(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: 2011 Budget and Property Owner Service Charges for Special Service District No. 1. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #1 budget and property owner service charges? BACKGROUND: On November 6, 2006, the City Council approved a resolution imposing a multi-year service charge for Special Service District No. 1 (this district is located along Excelsior Blvd from Quentin Ave to Hwy 100 and along Park Center Blvd and Monterey Drive). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2011 budget and service charges. The notice of public hearing was published in the Sun Sailor on October 21 and October 28, 2010. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 1 Financial Position: As of October 1, 2010 Special Service District No. 1 had an anticipated year-end fund balance of approximately $ 72,256. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget (which this amount does achieve). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2011 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2011 budget amount of $126,672, an increase of $80; and • 2011 service charge amount of $50,000, an increase of $17,972 from 2010. As in past years, expenses typically do not reach 100% of budget. The expected unused City Council Meeting of November 1, 2010 (Item No. 6c(1)) Page 2 Subject: 2011Budget and Property Owner Service Charges for Special Service District No. 1 budget amount along with the service charges for 2011 is anticipated to allow the district to achieve the goal of a 50% fund balance. FINANCIAL OR BUDGET CONSIDERATION: The Facilities Maintenance Division budget incurs service charges within this district for the property located at 3700 Monterey Drive (Recreation Center/Wolfe Park). The proposed service charge for 2011 is $12,355. VISION CONSIDERATION: Not applicable. Attachments: 2011 Proposed Budget Resolution w/ 2011 Service Charges Attachment A Prepared by: John Altepeter, Facilities Superintendent Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 6c(1)) Page 3 Subject: 2011Budget and Property Owner Service Charges for Special Service District No. 1 CITY OF ST. LOUIS PARK Special Service District No. 1 2011 Budget No. Item 2010 Revised Budget 2011 Proposed Budget 6212 GENERAL SUPPLIES 1,200 1,200 6224 LANDSCAPING MATERIALS 9,000 10,000 6223.650 BANNER REPLACEMENT 0 0 6410 GENERAL PROFFESSIONAL SERVICES 29 29 6410.678 SSD Mgmt Services 4,500 4,500 6630.772 SSD – Snow Removal 56,193 53,193 6630.773 SSD - Site Maintenance 5,660 5,660 6630.774 SSD – Banner Install/Removal 2,500 2,500 6630.775 SSD – Irrigation Service 5,000 9,000 6630.776 SSD – Decorative Install 7,500 7,500 6630.777 SSD – Landscape Service 28,500 28,500 6950 LEGAL NOTICES 110 110 7106 PUBLIC LIABILITY INSURANCE 400 480 7207.880 SSD Infrastructure Repair 4,000 4,000 7301.890 SSD Pedestrian 2,000 0 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 126,592 126,672 City Council Meeting of November 1, 2010 (Item No. 6c(1)) Page 4 Subject: 2011Budget and Property Owner Service Charges for Special Service District No. 1 RESOLUTION NO. 10-____ RESOLUTION APPROVING 2010 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT No. 1 WHEREAS, pursuant to Ordinance No. 2067-96, the City Council created Special Service District No. 1 (the “District”) . The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolution No. 06-167, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2010 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 06-167, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 06-167, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2011 Budget for Special Service District No. 1 of $126,672 is hereby approved as recommended by the Special Service District No. 1 Advisory Board. 2. The authorized 2011 Service Charge for Special Service District No. 1 is $50,000 in the amounts and against the properties specified on Exhibit “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 6c(1)) Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 1 Page 5 Meeting Date: November 1, 2010 Agenda Item #: 6c(2) Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2011 Budget and Property Owner Service Charges for Special Service District No. 2. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #2 budget and property owner service charges? BACKGROUND: On October 20, 2008, the City Council approved a resolution imposing a multi-year service charge for Special Service District No. 2 (this district is located along Excelsior Blvd. from Monterey Drive/38th St. to France Ave.). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2011 budget. The notice of public hearing was published in the Sun Sailor on October 21 and October 28, 2010. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 2 Financial Position: As of October 1, 2010 Special Service District No. 2 had an anticipated year-end fund balance of approximately $ 30,455. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget (which this amount does achieve). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2011 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2011 budget amount of $46,534, an increase of $1,874 from 2010; and • 2011 service charge amount of $46,534, an increase of $1,874 from 2010. This service charge amount is anticipated to allow the district to achieve the 50% fund balance goal. City Council Meeting of November 1, 2010 (Item No. 6c(2)) Page 2 Subject: 2011Budget and Property Owner Service Charge for Special Service District No. 2 FINANCIAL OR BUDGET CONSIDERATION: The Facilities Division budget incurs service charges for the City owned property within this service district for the bus shelter located at 3929 Excelsior Blvd. The proposed fee for 2011 is $65. VISION CONSIDERATION: Not applicable. Attachments: 2011 Proposed Budget Resolution w/2011 Service Charges Attachment A Prepared by: John Altepeter, Facilities Maintenance Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 6c(2)) Page 3 Subject: 2011Budget and Property Owner Service Charge for Special Service District No. 2 CITY OF ST. LOUIS PARK Special Service District No. 2 2011 Budget No. Item 2010 Revised Budget 2011 Proposed Budget 6212 GENERAL SUPPLIES 212 212 6224 LANDSCAPING MATERIALS 3,710 3,710 6223.650 BANNER REPLACEMENT 0 0 6410 GENERAL PROFFESSIONAL SERVICES 53 53 6410.678 SSD Mgmt Services 2,000 2,000 6630.772 SSD – Snow Removal 0 0 6630.773 SSD - Site Maintenance 2,968 2,968 6630.774 SSD – Banner Install/Removal 1,060 1,060 6630.775 SSD – Irrigation Service 2,968 5,000 6630.776 SSD – Decorative Install 6,042 5,000 6630.777 SSD – Landscape Service 19,292 20,150 6950 LEGAL NOTICES 110 110 7106 PUBLIC LIABILITY INSURANCE 150 165 7207.880 SSD Infrastructure Repair 4,240 4,240 7301.890 SSD Pedestrian 1,855 1,866 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 44,660 46,534 City Council Meeting of November 1, 2010 (Item No. 6c(2)) Page 4 Subject: 2011Budget and Property Owner Service Charge for Special Service District No. 2 RESOLUTION NO. 10-____ RESOLUTION APPROVING 2011 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT No. 2 WHEREAS, pursuant to Ordinance No. 2093-97, the City Council created Special Service District No. 1 (the “District”) . The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolution No. 08-133, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2018 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 08-133, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 08-133, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2011 Budget for Special Service District No. 2 of $46,534 is hereby approved as recommended by the Special Service District No. 2Advisory Board. 2. The authorized 2011 Service Charge for Special Service District No. 2 is $46,534 in the amounts and against the properties specified on Exhibit “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 6c(2)) Subject: 2011 Budget and Property Owner Service Charge for Special Service District No. 2 Page 5 Meeting Date: November 1, 2010 Agenda Item #: 6c(3) Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2011 Budget and Property Owner Service Charges for Special Service District No. 3. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD#3 budget and property owner service charges? BACKGROUND: On April 15, 2002, the City Council approved a resolution imposing a service charge for Special Service District No. 3 (located along Excelsior Blvd. from Quentin Avenue to Monterey Drive/38th St.). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2011 budget and service charges. The notice of public hearing was published in the Sun Sailor on October 21 and October 28, 2010. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 3 Financial Position: As of October 1, 2010 Special Service District No. 3 had an anticipated year-end fund balance of approximately $ 35,433. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget (which this amount achieves). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2011 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2011 budget amount of $63,600, an increase of $600 from 2010; and • 2011 service charge amount of $42,898, a decrease of $20,102 from 2010. As in past years, expenses typically do not reach 100% of budget. The expected City Council Meeting of November 1, 2010 (Item No. 6c(3)) Page 2 Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 3 unused budget amount along with the service charges for 2011 is anticipated to allow the district to achieve the goal of a 50% fund balance. FINANCIAL OR BUDGET CONSIDERATION: The City incurs service charges for the property, within this district, located at 4760 Excelsior Blvd., which is undeveloped and owned by the St. Louis Park Economic Development Authority. The proposed fee for 2011 is $937. VISION CONSIDERATION: Not applicable. Attachments: 2011 Proposed Budget Resolution w/ 2011 Service Charges Attachment A Prepared by: John Altepeter, Facilities Superintendent Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 6c(3)) Page 3 Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 3 CITY OF ST. LOUIS PARK Special Service District No. 3 2011 Budget No. Item 2010 Revised Budget 2011 Proposed Budget 6212 GENERAL SUPPLIES 500 500 6224 LANDSCAPING MATERIALS 4,300 4,300 6223.650 BANNER REPLACEMENT 0 0 6410 GENERAL PROFFESSIONAL SERVICES 50 50 6410.678 SSD Mgmt Services 2,500 2,500 6630.772 SSD – Snow Removal 34,500 28,500 6630.773 SSD - Site Maintenance 1,000 1,000 6630.774 SSD – Banner Install/Removal 1,000 1,000 6630.775 SSD – Irrigation Service 3,000 7,000 6630.776 SSD – Decorative Install 2,400 2,400 6630.777 SSD – Landscape Service 10,500 13,000 6950 LEGAL NOTICES 110 110 7106 PUBLIC LIABILITY INSURANCE 200 240 7207.880 SSD Infrastructure Repair 1,000 1,000 7301.890 SSD Pedestrian 1,940 2,000 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 63,000 63,600 City Council Meeting of November 1, 2010 (Item No. 6c(3)) Page 4 Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 3 RESOLUTION NO. 10- RESOLUTION APPROVING 2011 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 3 WHEREAS, pursuant to Ordinance No. 2224-02, the City Council created Special Service District No. 3 (the “District”). The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolution No. 02-043, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2012 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 02-043, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 02-043, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2011 Budget for Special Service District No. 3 of $63,600 is hereby approved as recommended by the Special Service District No. 3 Advisory Board. 2. The authorized 2011 Service Charge for Special Service District No. 3 is $42,898 in the amounts and against the properties specified on Exhibit “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 6c(3)) Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 3 Page 5 Meeting Date: November 1, 2010 Agenda Item #: 6c(4) Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2011 Budget and Property Owner Service Charges for Special Service District No. 4. RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution Approving 2011 Budget and Property Owner Service Charges for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #4 budget and property owner service charges? BACKGROUND: On July 18, 2005, the City Council approved a resolution imposing a service charge for Special Service District No. 4. (located along Excelsior Blvd west of Hwy 100 to Louisiana Ave). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2011 budget and service charges. The notice of public hearing was published in the Sun Sailor on October 21 and October 28, 2010. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 4 Financial Position: As of October 1, 2010 Special Service District No. 4 had an anticipated year-end fund balance of approximately $ 35,929. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget (which this amount does achieve). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2011 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2011 budget amount of $38,095, a decrease of $5 from 2010; and • 2011 service charge amount of $11,827, an increase of $11,827 from 2010. This district was set up prior to the actual completion of construction of the improvements to Excelsior Blvd. For 2011 the city is only charging property City Council Meeting of November 1, 2010 (Item No.6c(4)) Subject: 2011 Budget and Property Owner Service Charge for Special Service District No. 4 Page 2 owners in the completed section. The other properties (from approximately Dakota Ave to Louisiana Ave) will be charged in 2012. The proposed 2011 service charge coupled with the operating reserve will allow the 50% operating reserve target to be achieved by the end of 2011 and take into consideration an anticipated increase in the budget for 2012. FINANCIAL OR BUDGET CONSIDERATION: The City incurs service charges for the City Municipal Parking Lot within this district, located on Excelsior Blvd. The proposed fee for 2011 is $439. VISION CONSIDERATION: Not applicable. Attachments: 2011 Proposed Budget Resolution w/2011 Service Charges Attachment A Prepared by: John Altepeter, Facilities Maintenance Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No.6c(4)) Subject: 2011 Budget and Property Owner Service Charge for Special Service District No. 4 Page 3 CITY OF ST. LOUIS PARK Special Service District No. 4 2011Budget No. Item 2010 Revised Budget 2011 Proposed Budget 6212 GENERAL SUPPLIES 1,000 1,000 6224 LANDSCAPING MATERIALS 2,700 2,700 6223.650 BANNER REPLACEMENT 0 0 6410 GENERAL PROFFESSIONAL SERVICES 50 50 6410.678 SSD Mgmt Services 2,500 2,500 6630.772 SSD – Snow Removal 0 0 6630.773 SSD - Site Maintenance 2,000 2,000 6630.774 SSD – Banner Install/Removal 1,500 1,500 6630.775 SSD – Irrigation Service 5,000 5,000 6630.776 SSD – Decorative Install 3,500 3,500 6630.777 SSD – Landscape Service 16,000 16,000 6950 LEGAL NOTICES 50 50 7106 PUBLIC LIABILITY INSURANCE 150 145 7207.880 SSD Infrastructure Repair 1,500 1,500 7301.890 SSD Pedestrian 1,750 1,750 7302 GARBAGE/REFUSE SERVICE 350 350 TOTAL EXPENDITURES 38,100 38,095 City Council Meeting of November 1, 2010 (Item No.6c(4)) Subject: 2011 Budget and Property Owner Service Charge for Special Service District No. 4 Page 4 RESOLUTION NO. 10-____ RESOLUTION APPROVING 2011BUDGET AND PROPERTY OWNER SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 4 WHEREAS, pursuant to Ordinance No. 2298.05, the City Council created Special Service District No. 4 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 05-100, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2012 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 05-100, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 05-100, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2011 Budget for Special Service District No. 4 of $38,095 is hereby approved as recommended by the Special Service District No. 4 Advisory Board. 2. The authorized 2011 Service Charge for Special Service District No. 4 is $11,827 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 6c(4)) Subject: 2011 Budget and Property Owner Service Charge for Special Service District No.4 Page 5 Meeting Date: November 1, 2010 Agenda Item #: 6c(5) Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2011 Budget and Property Owner Service Charges for Special Service District No. 5. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve resolution setting the 2011 Budget and Property Owner Service Charge for Special Service District No. 5 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #5 budget and property owner service charges? BACKGROUND: On February 2, 2009, the City Council approved a resolution imposing a service charge for Special Service District No. 5 (located along Park Place Boulevard between I-394 and Cedar Lake Rd). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2011 budget and service charges. The notice of public hearing was published in the Sun Sailor on October 21 and October 28, 2010. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 5 Financial Position: As of October 1, 2010 Special Service District No. 5 had an anticipated year-end fund balance of approximately $ 23,430. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget (which this amount does achieve). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2010 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2011 budget amount of $26,380, a decrease of $20 from 2010; and • 2011 service charge amount of $15,000, a decrease of $11,400 from 2010. A reduction in the service charge amount is proposed due to limited services required in 2010 as plants, shrubs, trees, etc. were under warranty. The 2011 City Council Meeting of November 1, 2010 (Item No. 6c(5)) Page 2 Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 5 service charge amount along with the year end operating reserve is anticipated to allow this district to achieve the goal of a 50% fund balance by the end of 2011. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: 2011 Proposed Budget Resolution w/2011 Service Charges Attachment A Prepared by: John Altepeter, Facilities Superintendent Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 6c(5)) Page 3 Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 5 CITY OF ST. LOUIS PARK Special Service District No. 5 2011 Budget No. Item 2010 Revised Budget 2011 Proposed Budget 6212 GENERAL SUPPLIES 0 500 6224 LANDSCAPING MATERIALS 0 2,000 6223.650 BANNER REPLACEMENT 0 0 6410 GENERAL PROFFESSIONAL SERVICES 50 50 6410.678 SSD Mgmt Services 3,250 3,250 6630.772 SSD – Snow Removal 0 0 6630.773 SSD - Site Maintenance 1,300 1,000 6630.774 SSD – Banner Install/Removal 1,000 1,000 6630.775 SSD – Irrigation Service 5,000 5,000 6630.776 SSD – Decorative Install 3,000 3,000 6630.777 SSD – Landscape Service 11,000 9,000 6950 LEGAL NOTICES 200 200 7106 PUBLIC LIABILITY INSURANCE 300 80 7207.880 SSD Infrastructure Repair 1,300 1,300 7301.890 SSD Pedestrian 0 0 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 26,400 26,380 City Council Meeting of November 1, 2010 (Item No. 6c(5)) Page 4 Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 5 RESOLUTION NO. 10-____ RESOLUTION APPROVING 2011 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 5 WHEREAS, pursuant to Ordinance No. 2371-09, the City Council created Special Service District No. 3 (the “District”). The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolutions No. 09-021, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2019 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 09-021, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 09-021, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2011 Budget for Special Service District No. 5 of $26,380 is hereby approved as recommended by the Special Service District No. 5 Advisory Board. 2. The authorized 2011 Service Charge for Special Service District No. 5 is $15,000 in the amounts and against the properties specified on Exhibit “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 6c(5)) Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 5 Page 5 Meeting Date: November 1, 2010 Agenda Item #: 6c(6) Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2011 Budget and Property Owner Service Charges for Special Service District No. 6. RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution Approving 2011 Budget and Property Owner Service Charges for Special Service District No. 6 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #6 budget and property owner service charges? BACKGROUND: On June 15, 2009, the City Council approved a resolution imposing a service charge for Special Service District No. 6 (located along 36th Street W. from Wooddale Avenue to Highway 100). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2011 budget and service charges. The notice of public hearing was published in the Sun Sailor on October 21 and October 28, 2010. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 6 Financial Position: As of October 1, 2010 Special Service District No. 6 had an anticipated year-end fund balance of approximately $ 15,872. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget (which the amount does achieve). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2011 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2011 budget amount of $24,480, an increase of $30; and • 2011 service charge amount of $18,000, an increase of $5,775. The increase in service charges reflects the new district becoming fully functional in 2011. It is expected the 2011 service charge amount coupled with City Council Meeting of November 1, 2010 (Item No. 6c(6)) Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 6 Page 2 the 2010 year end operating reserve will allow the district to achieve the goal of a 50% operating reserve by the end of 2011. FINANCIAL OR BUDGET CONSIDERATION: The City incurs service charges within this district for properties located at 3575 Wooddale Avenue, 5814 36th St W. and 5816 36th St W. The proposed total service charges for 2011 are $1,650. VISION CONSIDERATION: Not applicable. Attachments: 2011 Proposed Budget Resolution w/2011 Service Charges Attachment A Prepared by: John Altepeter, Facilities Superintendent Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 6c(6)) Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 6 Page 3 CITY OF ST. LOUIS PARK Special Service District No. 6 2011 Budget No. Item 2010 Revised Budget 2011 Proposed Budget 6212 GENERAL SUPPLIES 400 400 6224 LANDSCAPING MATERIALS 2,000 2,500 6223.650 BANNER REPLACEMENT 0 0 6410 GENERAL PROFFESSIONAL SERVICES 00 6410.678 SSD Mgmt Services 2,500 2,500 6630.772 SSD – Snow Removal 0 50 6630.773 SSD - Site Maintenance 1,000 1,000 6630.774 SSD – Banner Install/Removal 1,000 1,000 6630.775 SSD – Irrigation Service 3,500 3,300 6630.776 SSD – Decorative Install 3,500 3,500 6630.777 SSD – Landscape Service 9,000 9,000 6950 LEGAL NOTICES 150 150 7106 PUBLIC LIABILITY INSURANCE 400 80 7207.880 SSD Infrastructure Repair 1,000 1,000 7301.890 SSD Pedestrian 0 0 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 24,450 24,480 City Council Meeting of November 1, 2010 (Item No. 6c(6)) Subject: 2011 Budget and Property Owner Service Charges for Special Service District No. 6 Page 4 RESOLUTION NO. 10 -____ RESOLUTION APPROVING 2011 BUDGET AND PROPERTY OWNER SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 6 WHEREAS, pursuant to Ordinance No. 2374-09, the City Council created Special Service District No. 6 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 09-078, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2019 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 09-078, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 09-045, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2011Budget for Special Service District No. 6 of $24,480 is hereby approved as recommended by the Special Service District No. 6 Advisory Board. 2. The authorized 2011 Service Charge for Special Service District No. 6 is $18,000 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk City Council Meeting of November 1, 2010 (Item No. 6c(6)) Subject: 2011 Budget and Property OwnerService Charges for Special Service District No. 6 Page 5 Meeting Date: November 1, 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: 2011 Employer Benefits Contribution. RECOMMENDED ACTION: Motion to approve Resolution establishing 2011 Employer Benefits Contribution. POLICY CONSIDERATION: Does Council approve the recommended amount for the 2011 employer benefits contribution? BACKGROUND: This report details the City’s benefits planned for 2011, and staff’s recommendation for setting the employer contribution for 2011. Staff is recommending increasing the City’s contribution amount by $65/month (from $750 to $815/month). Medical Insurance: The City has been insured through Blue Cross/Blue Shield since 2007. A renewal quote from BCBS for 2011 initially came in at approximately an 18.34% increase. The City has a Benefits Committee that consists of employees represented by all departments and all union groups. The purpose of the Committee is to help educate staff on benefits and to get a pulse on what our staff is interested in seeing in our benefits design. As in past years, benefit information was reviewed with the Benefits Committee. After analysis of our City’s claims experience and market conditions, the Committee recommended to not go out to bid but try to negotiate a lower increase with BCBS. We were pleased that BCBS reduced their renewal to a 17% increase for 2011. There are a few minor plan design changes for 2011, but these are enhancements to the plans to comply with new federal health care reform laws. Our health insurance rates continue to be lower than most other comparable cities as well as the LOGIS group. We will continue to offer health insurance to our employees with BCBS in 2011 as follows: 2011 Medical Insurance Monthly Premiums (Average 17% Increase for 2011) Aware (Open Plan Design) 2010 2011 Single $ 485.00 $ 550.50 Employee + Spouse $1,067.00 $1,211.00 Employee + Child(ren) $1,019.00 $1,159.50 Family $1,359.50 $1,543.00 City Council Meeting of November 1, 2010 (Item No. 8a) Page 2 Subject: 2011 Employer Benefits Contribution Preferred Gold (Select a Network) 2010 2011 Single $ 471.00 $ 538.00 Employee + Spouse $1,037.00 $1,184.50 Employee + Child(ren) $ 989.50 $1,130.00 Family $1,319.50 $1,506.50 High Deductible (VEBA) 2010 2011 Deductible Single $ 344.00 $ 420.00 $2,500 Employee + Spouse $ 756.50 $ 924.00 $5,000 Employee + Child(ren) $ 721.00 $ 880.50 $5,000 Family $ 961.50 $1,174.50 $5,000 Voluntary Employee Beneficiary Association (VEBA) Refresher The City continues to offer a Health Reimbursement Arrangement (HRA) with a VEBA funding mechanism in coordination with the High Deductible Health Plan. Funds from the employee’s monthly employer contribution will be placed in a VEBA trust in an individual’s name available for reimbursement of eligible medical expenses. VEBA funds not spent will stay with the individual and roll over each year for future expenses. VEBA funds are set aside tax free, earn tax free interest, and are reimbursed tax free. The VEBA account stays with the individual even after they leave employment and can be used for reimbursement of qualified medical expenses. Dental Insurance: We are a member of an alliance of cities who bid on dental rates together. We were required to request bids for 2011 and received several favorable quotes. Delta Dental came in with the most favorable quote with no plan design changes, a 3% rate increase for 2011, and a 24-month rate guarantee. Dental is a voluntary program for our employees. 2011 Monthly Dental Rates with Delta Dental (3% Increase) 2010 2011 Single $41.10 $42.35 Family $93.45 $96.25 Life Insurance: We are pleased to continue our life insurance program through Prudential Life with no rate increase and a rate guarantee for 2010 and 2011. In our basic life insurance plan, all employees receive a mandatory benefit of $10,000 and a supplemental option to purchase additional insurance up to $500,000 as well as spouse and dependent life insurance. Exempt employees are provided with an additional basic insurance amount of 1.5 times their salary. Long Term Disability (LTD): LTD is a voluntary benefit for our non-exempt employees and is provided to our exempt employees at no cost. Like dental insurance, we are banded together with other metro area cities in an alliance City Council Meeting of November 1, 2010 (Item No. 8a) Page 3 Subject: 2011 Employer Benefits Contribution to find premium savings in a group bid. 2011 is the third and final year of our agreement with The Hartford for LTD coverage. There are no changes to the rates or plan designs for 2011. Long Term Care (LTC): LTC is a new voluntary benefit that was offered to our staff in September, 2010. Long Term Care Insurance provides coverage for employees and spouses who may need nursing home, assisted living, home health, or other care. Coverage is provided through the Municipal Pool and rates are set for the entire group. Employees who participate in this program are required to pay the full premium. Deferred Compensation: The City offers four deferred compensation programs (457 plans). Deferred compensation is a program that allows employees to invest today for retirement. Federal and (in most cases) state income taxes are deferred until assets are withdrawn, usually during retirement when employees may be in a lower tax bracket. This is a voluntary program for employees. During 2010 contract negotiations, Patrol and Sergeants added new language in their contracts which states: “The Employer will contribute to the deferred compensation account of each eligible employee according to the condition: City contribution $10 per pay period with a minimum employee contribution of $50 per pay period.” This language expires 12/31/11. This additional deferred compensation employer contribution for these two groups is above the amount budgeted for 2011. (Estimated actual annual cost is $6,760 for those currently enrolled in 2010. If all participate, the estimated annual cost to the City would be $11,960.) Recommendation for 2011 Employer Contribution: Due to budget constraints, no increase in employer contributions were made and employees were responsible for 100% of the premium increase in 2010. For 2011, staff recommends a $65 increase (from $750/month to $815/month) to the monthly employer contribution for all full-time benefit earning employees, pro-rated for part-time employees. FINANCIAL OR BUDGET CONSIDERATION: The amount recommended for approval of the employer contribution for benefits (insurance) has been included in the 2011 budget. VISION CONSIDERATION: Not Applicable 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 November 1, 2010 (Item No. 8a) Page 4 Subject: 2011 Employer Benefits Contribution RESOLUTION NO. 10-____ RESOLUTION ESTABLISHING 2011 EMPLOYER BENEFITS CONTRIBUTION WHEREAS, the City Council has established a benefit plan that provides an effective means for providing employee group benefits; and WHEREAS, the City Council establishes rates and plans for each calendar year; and WHEREAS, the administration of such plans will be in accordance with plan documents as approved by the City Manager, who will also set policy and procedures for benefit level classification and administration of plans. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, the following changes for 2011 benefits: 1. Effective January 1, 2011, the monthly contribution of benefit dollars from the City for non- union regular employees, including the City Manager, who work at least 30 hours per week, be set at $815 per month. 2. Effective January 1, 2011, the monthly contribution of benefit dollars from the City for non- union regular employees working 20 through 29 hours per week shall be set at 50% of the full time monthly contribution. 3. The City will continue to administer other benefit programs. 4. The appropriate City officials are hereby authorized and directed to deduct the balance of any sum premium from the compensation of an employee or officer and remit to the insurer under an approved contract the employee’s or officer’s share of any such premium. Reviewed for Administration: Adopted by the City Council November 1, 2010 City Manager Mayor Attest: City Clerk Meeting Date: November 1, 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: Special Meeting TITLE: 2nd Reading - Franchise Fee Ordinance Amendments. RECOMMENDED ACTION: Motion to adopt second reading of an ordinance amending and restating Ordinance No. 2244-03 imposing a franchise fee on Xcel Energy. Motion to adopt second reading of an ordinance amending and restating Ordinance No. 2245-03 imposing a franchise fee on CenterPoint Energy. POLICY CONSIDERATION: Does the City Council wish to increase the franchise fees for both Xcel Energy and CenterPoint Energy to assist in funding the City’s Pavement Management Program? BACKGROUND: The City Council acted to implement franchise fees on CenterPoint Energy and Xcel Energy in January of 2004. These franchise fees have not changed since they were first implemented by Council. Franchise fees in St. Louis Park are used in their entirety to assist in funding the cost the City experiences to maintain, reconstruct and repair the street system via the City’s Pavement Management Program. Neither General Fund dollars nor special assessments to property owners are used to fund this program. The franchise fee is essentially a user fee collected from customers on their utility bill and paid to CenterPoint and Xcel. The utility then functions essentially as a pass through entity with the franchise fee revenue being remitted to the City of St. Louis Park. Given funding deficits projected for the City’s Pavement Management Fund over the next ten years, in 2009 the City Council inquired about the City’s ability to increase franchise fees to insure the Pavement Management Program could be continued and fully funded. Based on discussions with CenterPoint and Xcel, there is no opposition for the City to increase the franchise fees to assist in funding the Pavement Management Program. Further, it was the goal of the City to negotiate an agreement with the utilities that allowed for automatic yearly or alternating year increases, but the ability to do this requires more discussion. Staff will continue to explore this option in the future. On June 14, 2010, staff provided Council with three different possible franchise fee increases. Based on the uncertainty of future increases, and the current fee structure compared to most metro cities, Council directed staff to proceed with a $0.75/month increase per utility to residential customers. Based on customer class, customers would see increases ranging from $0.75/month per utility for residential to $8.00/month for large commercial/industrial (see attachment #3). Residential customers make up approximately 90% of the total customers. Based on the current schedule, City Council Meeting of November 1, 2010 (Item No. 8b) Page 2 Subject: 2nd Reading - Franchise Fee Ordinance Amendments which requires two readings of the amended ordinances on October 18 and November 1, and the 60 days needed for the utilities to implement the fee changes, the new fees would take effect February 1, 2011. Changes Since the First Reading Since the first reading on October 18, staff has had contact with Xcel Energy related to some of the language in the amendment to Ordinance No. 2244-03. The 20 year Electric Utility Franchise Agreement negotiated with Xcel Energy in 1997 states that if franchise fees are imposed on Xcel Energy, the City cannot collect additional permit fees. Ordinance No. 2244-03 was amended in 2006 to state “the City desires to impose a franchise fee in addition to any permit or other fees imposed on the Company”. Per the staff report from that time, this was done to express the City’s intention to change the language in future franchise agreements. In an effort to match the Ordinance with the current Franchise Agreement, the Ordinance has been changed to read “the City desires to impose a franchise fee in lieu of any permit or other fees imposed on the Company”. This will not change how the City currently charges permit fees, as it is bound by the original Franchise Agreement. One other minor change has been made to the amendment to Ordinance No. 2244-03, related to the presentation of the customer classes. In the first reading, a few of the classes were combined based on the dollar amount of the fee. These classes have now been separated to provide better clarity. The dollar amounts of the fees for each customer class are the same as they were for the first reading. FINANCIAL OR BUDGET CONSIDERATION Franchise fees have historically generated approximately $920,000 annually, which is used to fund the Pavement Management Program. Based on the current Long Range Financial Management Plan, the Pavement Management Fund will have a deficit balance by the end of 2015 if the program is maintained at its current level. The proposed increases would add approximately $410,000 in additional revenue to the Pavement Management Program, and provide greater sustainability into the future. By implementing the proposed franchise fee increases for 2011, St. Louis Park would still be very competitive with other cities, as the attached information demonstrates. Any approved additional franchise fees will remain dedicated to funding capital needs. VISION CONSIDERATION: Not Applicable. Attachments: Ordinance Amending and Restating Ordinance #2244-03 Ordinance Amending and Restating Ordinance #2245-03 Proposed Franchise Fee Increases by Utility Franchise Fee Comparative Info for CenterPoint Franchise Fee Comparative Info for Xcel Prepared by: Steven Heintz, Finance Supervisor Reviewed by: Brian A. Swanson, Controller Approved by: Tom Harmening, City Manager ORDINANCE NO. ____-10 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2244-03 IMPOSING A FRANCHISE FEE ON XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANT TO FRANCHISE ORDINANCE NO. 2086-97 SECTION 9-610 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: WHEREAS, the City of St. Louis Park (“City”) granted to Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy (“Company”) a franchise for the furnishing of electric energy to the City, its inhabitants, and others, and for the use of public ways and public grounds of the City for such purposes, pursuant to St. Louis Park Ordinance No. 2086-97; WHEREAS, Section 9-610 of Ordinance No. 2086-97 states that the City may impose on Company a franchise fee by separate ordinance duly adopted by the City Council; WHEREAS, Section 9-610 of Ordinance No. 2086-97 limits the imposition of any franchise fee to an amount determined by collecting not more than the amounts indicated in Section 9-610 of Ordinance No. 2086-97 from each customer in the designated company customer classification for metered service at each and every customer location; WHEREAS, the City desires to impose a franchise fee in lieu of any permit or other fees imposed on the Company; WHEREAS, the collection as a franchise fee of the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is authorized under Section 9-610 of Ordinance No. 2086-97: Metered Service-Based Fee Schedule Customer Classification Amount Per Month Residential $ 2.00 Small C & I with no demand charge $ 4.00 Small C & I with demand charge $13.25 Large C & I $73.00 Municipal Pumping – Non-Demand $4.00 Municipal Pumping – Demand $10.00 City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 3 WHEREAS, at least 60 days have elapsed since service on the Company by certified mail of the written notice enclosing this proposed ordinance; NOW, THEREFORE, be it ordained by the City Council of the City of St. Louis Park that: 1. The recitals set forth above are hereby incorporated into this Ordinance. 2. A franchise fee to be collected in the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is hereby imposed on the Company commencing with its billing month of February 2011, and paid to City quarterly: Metered Service-Based Fee Schedule Customer Classification Amount Per Month Residential $ 2.00 Small C & I with no demand charge $ 4.00 Small C & I with demand charge $13.25 Large C & I $73.00 Municipal Pumping – Non-Demand $4.00 Municipal Pumping – Demand $10.00 3. The franchise fee shall be payable monthly and remitted to the City quarterly. The Company shall pay the fee based upon the amount billed its customers subject to subsequent reductions to account for uncollectibles or customer refunds. The Company agrees to make its billing and related records available for inspection by the City at reasonable times. This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted. ADOPTED this ______ day of ____________, 2010, by the City Council of the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council ___________ ____ _ Thomas K. Harmening, City Manager Jeffrey W. Jacobs, Mayor Attest: Approved as to Form and Execution: ________ Nancy Stroth, City Clerk City Attorney City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 4 SUMMARY ORDINANCE NO.____-10 AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2244-03 IMPOSING A FRANCHISE FEE ON XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANT TO FRANCHISE ORDINANCE NO. 2086-97 SECTION 9-610 This ordinance increases the franchise fees charged to Xcel Energy beginning February 1, 2011. This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted. Adopted by the City Council November 1, 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: City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 5 ORDINANCE NO. _______-10 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2245-03 IMPOSING A FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANT TO FRANCHISE ORDINANCE NO. 2236-03, SECTION 7.1 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: WHEREAS, the City of St. Louis Park (“City”) granted to Centerpoint Energy Minnegasco, Inc. (“Company”) a franchise for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ground of the City of St. Louis Park for such purposes, pursuant to St. Louis Park Ordinance No. 2236-03; WHEREAS, Section 7.1 of Ordinance No. 2236-03 states that the City may impose on Company a franchise fee by separate ordinance duly adopted by the City Council; WHEREAS, the City desires to impose a franchise fee in addition to any permit or other fees imposed on the Company; WHEREAS, at least 60 days have elapsed since service on the Company by certified mail of the written notice enclosing this proposed ordinance; NOW, THEREFORE, be it ordained by the City Council of the City of St. Louis Park that: 1. The recitals set forth above are hereby incorporated into this Ordinance. 2. A franchise fee to be collected in the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is hereby imposed on the Company: Metered Service-Based Fee Schedule Customer Classification Fee Per Account Per Month Residential $ 2.00 Commercial - A $ 2.00 Commercial/Industrial - B $ 4.00 Commercial/Industrial - C $13.25 Small Dual Fuel A&B $13.25 Large Dual Fuel $73.00 City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 6 3. The franchise fee shall be payable monthly and remitted to the City quarterly. The Company shall pay the fee based upon the amount billed its customers subject to subsequent reductions to account for uncollectibles or customer refunds. The Company agrees to make its billing and related records available for inspection by the City at reasonable times. This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted. ADOPTED this ______ day of ____________, 2010, by the City Council of the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council ___________ ____ Thomas K. Harmening, City Manager Jeffrey W. Jacobs, Mayor Attest: Approved as to Form and Execution: ____ Nancy Stroth, City Clerk City Attorney City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 7 SUMMARY ORDINANCE NO.____-10 AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2245-03 IMPOSING A FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANT TO FRANCHISE ORDINANCE NO. 2236-03, SECTION 7.1 This ordinance increases the franchise fees charged to CenterPoint Energy beginning February 1, 2011. This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted. Adopted by the City Council November 1, 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: City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 8 City of St Louis Park, Minnesota 2011 Proposed Franchise Fees Franchise Fees Increases by Utility Xcel - Electric CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT 2010 MONTHLY FLAT FEE 2011 New Fee Proposal Increase 2010 to 2011 Residential*22,306 $1.25 $2.00 $0.75 Small C&I – Non-Demand*1,355 $4.00 $4.00 $0.00 Small C&I – Demand 627 $10.00 $13.25 $3.25 Large C&I 146 $65.00 $73.00 $8.00 Public Street Lighting 75 not exempted but fee not applied Municipal Pumping – Non-Demand 21 $4.00 $4.00 $0.00 Municipal Pumping – Demand 18 $10.00 $10.00 $0.00 Total 24,548 CenterPoint - Heating Gas CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT 2010 MONTHLY FLAT FEE 2011 New Fee Proposal Increase 2010 to 2011 Residential 15,666 $1.25 $2.00 $0.75 Commercial A 584 $1.25 $2.00 $0.75 Commercial B 398 $4.00 $4.00 $0.00 Commercial C 550 $10.00 $13.25 $3.25 Small Dual Fuel A&B 79 $10.00 $13.25 $3.25 Large Dual Fuel 4 $65.00 $73.00 $8.00 Total 17,281 10/28/2010 City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 9 CITY OF ST. LOUIS PARK FRANCHISE FEE ANALYSIS COMPARISONS TO OTHER COMMUNITIES CenterPoint Franchise Fees Flat Rates City Res Comm A Comm B Comm C SVDF A SVDF B LVDF Afton 2.00 4.00 5.00 5.00 5.00 5.00 5.00 Anoka 2.75 2.75 8.00 35.00 75.00 300.00 900.00 Benson 2.00 3.33 4.00 10.00 13.33 10.00 50.00 Blue Earth 2.00 3.00 3.00 3.00 3.00 3.00 3.00 Brooklyn Center 1.52 1.58 5.15 20.60 51.50 98.88 98.88 Champlin 2.50 2.50 8.00 35.00 70.00 125.00 125.00 Cottage Grove 1.25 3.25 6.25 6.25 12.50 12.50 18.75 Deephaven 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Excelsior 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Hopkins 1.00 1.00 3.00 9.00 18.00 63.00 63.00 Little Falls 1.00 5.00 5.00 5.00 5.00 5.00 5.00 Long Prairie 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Mankato 0.95 2.50 5.25 12.00 15.00 20.00 25.00 Morris 2.00 5.00 9.00 27.00 35.00 35.00 750.00 Mound 2.00 2.00 2.00 2.00 2.00 2.00 2.00 New Hope 1.50 3.00 6.00 20.00 30.00 40.00 60.00 North Mankato 1.00 5.00 10.00 15.00 20.00 30.00 75.00 Oakdale 1.00 4.50 4.50 7.50 15.00 15.00 15.00 Prior Lake 1.50 1.50 5.00 5.00 10.00 10.00 50.00 Richfield 1.65 1.65 5.10 11.33 11.33 11.33 11.33 Waseca 1.40 1.80 5.00 16.00 100.00 150.00 300.00 Average 1.67$ 2.83$ 5.01$ 11.94$ 23.70$ 44.84$ 122.05$ St. Louis Park (proposed) $2.00 $2.00 $4.00 $13.25 $13.25 $13.25 $73.00 City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 10 CITY OF ST. LOUIS PARK FRANCHISE FEE ANALYSIS COMPARISONS TO OTHER COMMUNITIES Xcel Franchise Fees Flat Rates Sm C/I Sm C/I Mun Pump Mun Pump City Res Non-Demand Demand Lg C/I St Lights Non-Demand Demand Afton 2.00 2.00 5.00 5.00 1.00 1.00 1.00 Baker (U) 3.25 3.25 0.00 0.00 0.00 0.00 0.00 Brooklyn Center 1.52 3.10 20.60 99.00 12.40 12.40 12.40 Champlin 2.50 8.00 35.00 125.00 15.00 15.00 15.00 Chisago City 1.30 5.00 15.00 55.00 5.00 5.00 15.00 Circle Pines 2.75 3.00 35.00 0.00 3.00 0.00 0.00 Cottage Grove 1.25 1.25 6.25 25.00 2.50 0.63 6.25 Deephaven 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Dilworth 1.75 4.00 14.00 91.00 0.00 4.00 14.00 Excelsior 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Faribault 1.35 1.60 32.00 280.00 0.00 0.00 0.00 Goodview 2.75 3.00 25.00 110.00 25.00 2.50 10.00 Grant 2.35 2.00 14.00 75.00 2.00 2.00 2.00 Hopkins 1.00 2.00 9.00 63.00 0.00 0.00 0.00 Lindstrom 1.30 5.00 15.00 55.00 5.00 5.00 15.00 Little Canada 1.75 4.00 24.00 0.00 15.00 1.00 7.00 Mahtomedi 1.30 1.38 14.40 110.28 12.71 0.63 14.84 Mankato 0.50 1.00 10.00 130.00 1.00 0.25 1.00 Maplewood 0.50 1.00 6.00 45.00 0.50 0.50 0.50 Minnetonka 2.50 4.50 4.50 4.50 0.00 4.50 4.50 Monticello 1.95 5.50 31.00 190.00 12.00 12.00 31.00 Mound 2.00 2.00 2.00 2.00 2.00 2.00 2.00 New Hope 1.50 4.50 9.00 36.00 4.50 4.50 4.50 Newport 0.50 1.00 6.00 50.00 4.00 1.00 5.00 North Mankato 0.75 1.10 9.25 125.00 13.25 1.10 9.25 Oakdale 1.00 2.00 9.00 7.50 6.00 1.50 7.50 Prior Lake 1.50 5.00 10.00 50.00 0.00 0.00 0.00 Richfield 1.65 5.10 11.33 73.65 0.00 0.00 0.00 Sartell 2.75 2.75 2.75 2.75 2.75 2.75 2.75 St. Joseph 1.00 1.75 10.00 8.00 1.00 10.00 St. Michael 2.50 2.50 2.50 10.00 10.00 2.50 10.00 St. Paul Park 1.50 2.00 25.00 335.00 10.00 1.00 5.00 Stillwater 2.00 2.50 18.00 125.00 4.00 2.00 18.00 Watertown 2.00 3.50 15.00 50.00 0.00 12.50 20.00 Average 1.74$ 2.98$ 13.25$ 70.75$ 5.34$ 3.04$ 7.31$ St. Louis Park (proposed)$2.00 $4.00 $13.25 $73.00 $0.00 $4.00 $10.00 City Council Meeting of November 1, 2010 (Item No.8b) Subject: 2nd Reading - Franchise Fee Ordinance Amendments Page 11 Meeting Date: November 1, 2010 Agenda Item #: 8c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: West End Apartments Parkland and Trail Dedication. RECOMMENDED ACTION: Motion to approve an additional parkland and trail dedication fee of $80,500 for the West End Apartments site at 5310 West16th Street. POLICY CONSIDERATION: What is the appropriate Parkland and Trail dedication requirement for the West End Apartments? BACKGROUND: The City Council was provided an update on this matter and staffs recommendation as a report for the September 27 Study Session. As part of the original West End project approvals and redevelopment agreement from 2008, the parkland dedication fee for the project was set at $917,000, roughly a 50% reduction from the fee due if the standard park dedication fee formula was applied to the project. Reducing the fee was deemed appropriate given the quantity and quality of the public spaces, gathering places, and other public amenities provided by the development. The fees were based on the development plan at that time which included a hotel on the site that now will be developed by the Excelsior Group for the West End Apartments. The parkland dedication fee for an apartment use is higher than for a hotel. With the introduction of an apartment building to the West End development, additional parkland and trail dedication fees are owed. The question becomes how much more should the apartment project pay. To be consistent with the previous West End project approvals, and in recognition of the very unique, high amenity environment that is the West End, it is proposed that the City treat the West End Apartment development as it treated the overall West End development. That would mean the City would collect an additional $80,500 in parkland and trail fees for the West End Apartments project. This represents a 50% reduction from the strict application of park and trail fee standards; and, it credits the apartment site for the portion of Duke’s original parkland dedication fee attributable to this site. As part of the Shops At West End subdivision approved in 2008, the City collected $46,435 in park and trail fees attributable to the West End Apartments site. The parks and trail fee for West End Apartments was discussed with the Parks and Recreation Advisory Commission for its input at its meeting on October 20th. While Parks and Recreation staff supported collecting additional fees for the residential development proposal, the Commission had mixed opinions on what an appropriate fee amount should be and after much discussion voted 4-2 City Council Meeting of November 1, 2010 (Item No. 8c) Page 2 Subject: West End Apartments Parkland and Trail Dedication to not recommend the proposed $80,500 fee. The Commission’s vote reflected some members’ belief that they needed to vote in support of a higher fee as a show of commitment to sustaining the City’s park system and the desire for as much funding as they could get. Another main reason for the recommendation was a concern about setting a precedent of accepting less than 100 percent of the park and trail dedication fee. Others on the Commission and staff thought the proposed fee was fair in light of the uniqueness of the West End Apartments and the West End development overall. West End Apartments Setting The West End Apartments will exist in a very unique setting. The apartments are on a separate parcel and under separate ownership; however they would not be possible as a true stand alone development. It is intimately and completely interconnected to the rest of the West End and is best understood as a piece of the larger environment in which it is located. The 35+ acre West End project is probably the most amenity rich and complete trail/sidewalk environment in the city. The majority of that environment has been paid for and will be maintained by the private developer; and yet, the connections and amenities provided at the West End are open to the public and of great value to the broader community. The pedestrian connections provided by the extension of W16th Street through to the Hwy 100 underpass; and, the enhancements to Park Place Blvd and the trail on the west side of Park Place Blvd are of particular note. The unusual circumstance of a residential development within a commercial site resulted in a requirement for much more DORA than the same project in a residential zoning district. A DORA of roughly 5,600 square feet would be required if the site was zoned residential. In this case, roughly 15,000 SF of DORA was provided because the site is zoned Office. The West End apartments provided 80% of DORA on site which meant mostly roof top gardens and terraces at great expense because of the compact site. The rest of the DORA (20%) was met from off-site improvements in the rest of the West End development. FINANCIAL OR BUDGET CONSIDERATION: The proposed West End apartment project parkland and trail dedication fees will increase the City’s funds for park projects in the community by $80,500. The City previously received $46,435 in parks and trails fees attributable to this site. VISION CONSIDERATION: The West End project and West End Apartments are consistent with the City’s vision, especially the strategic directions concerning gathering places, public art, trails, sidewalks, housing diversity and transportation. Attachments: Excerpt of the draft Parks and Recreation Advisory Commission Meeting Minutes Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Kevin Locke, Community Development Director Cindy Walsh, Parks & Recreation Director Approved by: Tom Harmening, City Manager City Council Meeting of November 1, 2010 (Item No. 8c) Page 3 Subject: West End Apartments Parkland and Trail Dedication Draft Parks & Recreation Advisory Commission October 20, 2010 Meeting Minutes a. Park Dedication – West End Residential (Sean Walther) Sean Walther, Senior Planner, and new Commission members introduced themselves. Members were provided a background on the West End project from Mr. Walther. The West End is currently 70% leased and continues to obtain retail and restaurant tenants. Mr. Walther indicated Utica Avenue is scheduled to be redone in 2012 when storm sewers are renovated. In 2010, Duke Realty received the Watershed District Hero Award and made great improvements to storm water in the West End area. This project quadrupled their 2020 annual phosphorus reduction goal for Brownie Lake. Mr. Walther indicated the original proposal of a hotel development has changed and a 120- unit apartment complex is now being proposed. The comprehensive plan did not include public parks in the West End area, but the area does include gathering spaces in private sections which has been successful. The private development provides maintenance of the streetscape and gathering spaces within the planned unit development. It is a challenge to include green space in the area of the project. City Council encouraged the developer to provide outdoor recreation area, advised Mr. Walther, and the developer responded with a proposal including green area on the roof (three rooftop terraces), including passive and active outdoor recreational amenities including a pool and a green roof, as well as indoor amenities. The original West End Project had Tax Increment Funding that went into the project and the development paid $917,000 to park dedication with approximately $900,000 forgiven. The city’s subdivision ordinance reads if the density of subdivision development is increased, the city should review for reconsideration of park land and/or cash contribution requirements. Staff is proposing a similar 50% reduction in park dedication for the proposed apartment building, and recognizing the park dedication fees already paid for the hotel use in 2008, which would equal $80,500 in park and trail dedication fees. Ms. Barberot suggested include grass on the roof which is low maintenance and advised buildings in New York City have been grassed which also reduces energy drastically. Duke Realty as been a leader in environmental actions indicated Ms. Walsh. Mr. Walther commented that a green roof is included on the second floor terrace. Also, The West End shopping center includes green roof components that capture rain water. In addition, they have slot drains in sidewalks to capture rain water. Mr. Walther advised Green roofs are an option but have had a lot of mixed responses on how effective they are in energy savings and how or when they pay back, Mr. Walther commented. They are more costly and he is unsure what a reasonable payback is for this particular development. City Council Meeting of November 1, 2010 (Item No. 8c) Page 4 Subject: West End Apartments Parkland and Trail Dedication Mr. Hagemann inquired on public art in area. Mr. Walther advised public art was included as part of the entire West End project. Duke Realty is vested in public art and has helped fix Foster Wheeler’s piece, advised Ms. Walsh. Ms. Barberot inquired if the Costco area is part of the project. Mr. Walther responded that it is not. He added that Costco and other adjoining property owners are participating in a special service district for Park Place Boulevard so the maintenance of landscaping, irrigation, etc. is not paid by the City, but rather by neighboring parcels. Mr. Hallfin would like to acquire full park dedication funds from the project. Mr. Hawkinson is concerned allowing partial receipt of park dedication funds on this project would set precedence and would be acceptable in the future for other projects. Mr. Walther indicated staff views the apartment proposal as part of the West End project, and unique from past and future developments. Commission members discussed differing opinions of the park dedication acceptance. Members want to be cooperative yet want to ensure the city has a sustainable park system. Members were concerned about setting a precedent for future developments. Mr. Hagemann and Mr. Foulkes voiced their opinion on the risk of losing park dedication funds if the development does not proceed at all and recommends the Commission accept what can be reasonably acquired. The Commission should recognize the improvements to the streets and sidewalks the development has made and the quality of the designed outdoor recreation area provided in the West End Apartments and The Shops at West End as a whole, including public art. Members want to retain their credibility with the city but also want to ensure a sustainable park system which is partially funded with park dedication. Members were concerned that the decision regarding park dedication has already been approved. Mr. Walther explained the decision has not been made. City Council has received a written report in a recent Study Session but action on the item is scheduled for the November 1 City Council meeting. The PRAC held no meetings in the summer so there wasn’t an opportunity to discuss the site plan when the PUD major amendment application was being reviewed. Mr. Walther indicated. Members discussed past practice and Ms. Walsh advised park dedication fee in lieu of park space is appropriate in areas where the comprehensive plan does not call for new park space. The comprehensive plan currently identifies two areas that could have future residential and parks, but they are not in the vicinity of The West End. She noted a relatively recent example when the City did require land dedication as part of a new development. Blackstone Park was identified in the plan, PRAC asked for the land, and park was created. It was moved by Commission member Hallfin, seconded by Commission member Barberot, to request full park and trail dedication fees be obtained from the proposed apartment complex in West End. The motion passed 4-2 (Commission members Hagemann and Foulkes opposed).