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HomeMy WebLinkAbout2010/02/08 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA FEBRUARY 8, 2010 Councilmember Finkelstein Absent 6:30 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning --- February 22, 2010 2. 6:35 p.m. Boards and Commissions Policies 3. 7:05 p.m. Municipal Service Center (MSC) Soil Removal (with Consultant Bob DeGroot AECOM) 4. 7:45 p.m. Update on Public Safety Dispatch 5. 8:15 p.m. Parks and Recreation Advisory Commission Annual Report and 2010 Work Plan 6. 8:20 p.m. 2009 Police Advisory Commission (PAC) Annual Report and 2010 Work Plan 7. 8:25 p.m. Board of Zoning Appeals (BOZA) 2009 Annual Report 8. 8:30 p.m. Communications (Verbal) Written Reports 9. Solid Waste Program Survey 10. Municipal Service Center (MSC) Renovation Project History and Update 11. Proposed Acquisition of Tax Forfeited Parking Stall within Phase NE of Excelsior & Gra 12. Update on Redevelopment Contract with Oak Hill 7100 LLC (Anderson Builders) 13. U.S. Census Update 14. Fire Stations Project Update 8:40 p.m. Adjourn 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. 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 Date: February 8, 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: Future Study Session Agenda Planning – February 22, 2010. RECOMMENDED ACTION: Council and the City Manager to set the agenda for the regularly scheduled study session on February 22, 2010. POLICY CONSIDERATION: Does the Council agree with the agenda as proposed? BACKGROUND: At each study session, approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the tentative agenda and proposed discussion items for the regularly scheduled study session on February 22, 2010. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachment: Future Study Session Agenda Planning for February 22, 2010 Prepared by: Lisa Songle, Office Assistant Approved by: Tom Harmening, City Manager Meeting of February 8, 2010 (Item No. 1) Page 2 Future Study Session Agenda Planning Tentative Discussion Items Study Session, Monday, February 22, 2010 – 6:30 p.m. 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Police Advisory Commission 2009 Annual Report and 2010 Work Plan – Administrative Services (20 minutes) If so requested by the City Council on February 8, 2010, the Police Advisory Commissioners will be present to discuss their Annual Report and Work Plan with Council. 3. Public Safety Dispatch – Administrative Services/Police (60 minutes) Staff will continue discussions with the City Council regarding public safety dispatch services as a follow up to its discussion with Council at the February 8 Study Session. 4. Project Update – Highway 7 and Louisiana Avenue Interchange (Phase II and Phase III) – Public Works (45 minutes) Staff will update City Council on Phases II and III of the Highway 7 and Louisiana Avenue Interchange project. 5. Human Rights Commission 2009 Annual Report and 2010 Work Plan – Administrative Services (5 minutes) The City Council will be asked to review the Human Rights Commission’s work plan and annual report. If so desired by the City Council, at a future study session the Commissioners and staff liaisons will be available to discuss the Annual Report and Work Plan with Council. 6. Housing Authority 2009 Annual Report and 2010 Work Plan – Administrative Services (5 minutes) The City Council will be asked to review the Housing Authority’s work plan and annual report. If so desired by the City Council, the Commissioners would be available to discuss the Annual Report and Work Plan with Council at a future Study Session. 7. Communications – Administrative Services (10 minutes) Time for communications between staff and Council will be set aside on every study session for the purposes of information sharing. Reports: ƒ January 2010 Financial Reports End of Meeting: 9:00 p.m. Meeting Date: February 8, 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: Boards and Commissions Policies. RECOMMENDED ACTION: No formal action at this time. The purpose of this agenda item is to discuss previously identified policy questions relating to the City’s boards and commission, in this case - minimum residency requirements for commission members and conflict of interest issues. POLICY CONSIDERATION: • Does the Council wish to adopt a minimum residency requirement for board & commission applicants? • Does the Council wish to address conflict of interest and other issues via a code of ethics policy for board and commission members? • Does the Council wish to direct staff to make changes to the Boards and Commission Rules of Procedure at this time? BACKGROUND: In the past the Council has expressed an interest in exploring policy related matters relative to membership on the City’s boards and commissions. These have included minimum length of residency requirements for prospective commissioners and ethics matters of appointed commissioners who express interest in providing business services for the City. Council has the legal authority to create and manage all aspects of boards and commissions as set forth in Section 2.02 of the Home Rule Charter. The City Code and the attached Boards and Commissions Rules of Procedure are the main documents adopted by Council and used by staff to manage boards and commissions. Residency Requirement Currently, there is no length of residency requirement for a Board & Commission applicant. Staff conducted a survey of other cities regarding residency length requirements. These cities included Bloomington, Brooklyn Center, Eden Prairie, Edina, Excelsior, Golden Valley, Minnetonka, New Hope, Maple Grove, Plymouth, and Richfield. Of the 11 cities surveyed, only the following had specific residency requirements: • Brooklyn Center - One year residency for all applicants • Minnetonka - One year residency only for Park & Rec commission applicants • New Hope - Applicants must live or work in the city Meeting of February 8, 2010 (Item No. 2) Page 2 As a reference, per MN Statutes 204B.06 Subd. (3), St. Louis Park council candidates filing for office are required to have maintained residency for 30 days prior to the general election. Commissioner Ethics/Conflict of Interest Currently there is no policy language regarding ethics of “commissioners”. MN Statutes 471.87 and 471.88 states public officers authorized to take part in any manner in making any sale, lease or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Many cities provide policy language which includes commissioners in the definition of a public official. Other cities did not have an actual written policy, but instead handled this issue by including additional questions to the application regarding conflict of interest. Options to consider 1. Add language in Rules & Procedures for Boards and Commissions (amending Resolution No. 09-053) 2. Add language to the current application explaining a conflict of interest may exist when a board or commission member is required to take an action or make a recommendation that would affect the member’s financial interest or that of an associated business. Ask applicant to disclose potential conflicts of interest that may or will arise if they become a commission member. 3. Do nothing – leave as is FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Rules & Procedures for Boards & Commissions Resolution No. 09-053 Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Boards and Commissions Rules of Procedure Adopted by City Council Resolution No. 09-053 April 6, 2009 Meeting of February 8, 2010 (Item No. 2)Page 3 Rules and Procedures for Boards and Commissions Amended by City Council April 6, 2009 Resolution No. 09-053 A. Boards The St. Louis Park City Charter grants the council authority to form various boards and commissions by ordinance. Boards and commissions serve in an advisory capacity to the City Council and are conferred various degrees of decision making power. The City Council is the sole policy making body of the city. Some boards and commissions include in their membership persons appointed by the school board. Boards and commissions of the city which have been created by ordinance and are governed by the provisions of these rules and procedures are as follows: • Board of Zoning Appeals • Human Rights Commission • Parks and Recreation Advisory Commission • Planning Commission • Police Advisory Commission • Telecommunications Advisory Commission In addition, other ad hoc groups may be formed as needed by resolution of the council. B. Staff Liaisons Each board and commission is assigned a staff liaison. Duties of the staff liaison are, in general, to facilitate or assist in the meetings, to record attendance and to provide information and direction as requested by the commission. It is also the responsibility of the staff liaison to inform the city council of any problems or issues that may arise. C. Membership and Terms Membership requirements are set by ordinance. All board and commission members are appointed by the council or, in some cases, by the school board. Youth members may be appointed and are conferred voting status except in the case of the Planning Commission and Board of Zoning Appeals. Board and Commission members may not chair more than one commission at a time and commissioners may only serve one consecutive year as chair. D. Qualifications Members must be St. Louis Park residents, but need not have expertise in any particular area. Willingness to serve and be involved are the most important attributes of members. Per Resolution #01-078, the city council will not consider applications for appointment to advisory commissions from regular full-time or part-time St. Louis Park employees (as defined in the city’s personnel manual). City Council will not consider applications for appointment to commissions from other employees working for the city such as seasonal, temporary, part time, paid on call firefighters or contract employees if such appointment could cause a conflict of interest. Meeting of February 8, 2010 (Item No. 2)Page 4 Boards & Commissions -2- Rules & Procedures Amended April 6, 2009 E. Attendance Regular attendance at meetings is a requirement for continued membership on any board or commission. Irregular attendance and frequent absences are detrimental to the entire group and put undue pressure on those members who do attend meetings. Regular attendance allows members to learn about and discuss issues in depth which contributes to more effective decision making. Continued absenteeism is considered grounds for dismissal by the council. F. By-Laws Each board and commission shall create by-laws and meeting procedures. By-laws must be consistent with the City Code and should follow the Council’s template for by-laws. Whenever changes are made, copies of the by-laws should be forwarded to the Administrative Services department for the Council’s review. Council has 30 days to review and amend the by-laws per the City Code. G. Meetings Meeting times and locations are set according to each commission’s by-laws. Each commission should defer to the Council’s meeting policy for meetings which occur on or near holidays. A quorum of the board is made up of a majority of members currently appointed. All meetings will be conducted in accordance with the Minnesota Open Meeting Law, the City Charter and the Municipal Code of Ordinances. The proceedings of the meetings should be conducted using standard parliamentary procedure. The City Council has adopted The Standard Code of Parliamentary Procedure, as their guide and that publication is available in the Administrative Services department. A simplified summary of these procedures is also available for use by commission chairs and staff liaisons. H. Minutes and other Records Minutes of each meeting should be prepared and maintained by the staff liaison or designee. Following commission approval minutes should be forwarded to the Administrative Services department for placement on the city council agenda. All board and commission records must be maintained in accordance with the city’s records retention policy. Please contact the Administrative Services department if you have questions regarding retention and preferred storage medium. I. Annual Report Each board or commission shall prepare a draft written report for the Council which includes activities undertaken in the past year and goals for the coming year. Every effort should be made to submit the report to the Council by January 1. After reviewing the report, the Council may meet with the group in a study session to discuss the report and other issues of concern to the commission prior to approving the report and, as needed, may request the Commission to also provide a mid- year progress report. Meeting of February 8, 2010 (Item No. 2)Page 5 Boards & Commissions -3- Rules & Procedures Amended April 6, 2009 J. Recruitment When a vacancy occurs it is the responsibility of the staff liaison to inform the Administrative Services department of the vacancy. Recruitment is typically done using any combination of advertising opportunity available. Local newspaper, Park Perspective, direct mailing, neighborhood newsletter, the city’s website, etc. are all acceptable forms of advertisement. Applications are maintained by the Administrative Services department and are forwarded to interested citizens upon request. In certain instances a supplemental application may be created to determine suitability of candidates. Upon receipt of the application a representative of the Administrative Services department will contact the applicant to acknowledge receipt of the application and to discuss the interview and appointment process. Applications will be retained in the active file six months following receipt. K. Candidate Review Process Written applications are forwarded to Councilmembers for review as openings occur. Councilmembers will inform the Administrative Services department of the candidates they wish to interview based upon their review of written materials within two weeks of receiving the materials. Interviews are conducted by the City Council, usually prior to a Monday evening meeting. Following the interview, the Mayor will inform the Administrative Services department about the status of each applicant. The Administrative Services department will mail a thank you letter to each applicant with information regarding next steps in the process. L. Appointment Appointments are made by the City Council at a regular meeting of the council. Council will inform the Administrative Services department when an appointment is to be made so that the appointment can be added to the council agenda. Following the appointment the Administrative Services department will contact the new member and inform them of their appointment. A copy of the application will also be forwarded to the staff liaison. The staff liaison will provide the new member with meeting information and discuss expectations and pertinent issues with them prior to the next meeting of the board or commission. Appointments are sometimes made to unexpired terms, and often more than one vacancy exists on a commission. In that case, the specific term occupied by the new member is determined by the commission and communicated to the Administrative Services department. Meeting of February 8, 2010 (Item No. 2)Page 6 Boards & Commissions -4- Rules & Procedures Amended April 6, 2009 M. Rosters The staff liaison is responsible for keeping an updated roster of the commission which should include contact information, term of office and date of appointment. The liaison is responsible for notifying the Administrative Services department about roster changes. N. Reappointment Reappointments are made as needed by the city council. Performance and attendance by Board and Commission members requesting reappointment will be considered by the Council. Council may choose to re-interview any commission member as a means to determine whether the commission member should continue to serve. A member may continue to serve beyond their expiration date until a reappointment is made. O. Resignation When a resignation occurs, the staff liaison should contact the Administrative Services department and forward a copy of any correspondence that may have been received. Administrative Services will then initiate recruitment to fill the vacant position. A member may continue to serve beyond their expiration date until a successor is appointed. Members may be removed with or without cause by the City Council. P. Recognition At the beginning of each year the Council will recognize members who have left their position during the prior year. Appreciation activities will be planned for all commission members on a regular basis. Q. Orientation The Administrative Services department and the staff liaisons will provide orientation for new board and commission members as well as new staff liaisons. Meeting of February 8, 2010 (Item No. 2)Page 7 Meeting Date: February 8, 2010 Agenda Item #: 3 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Municipal Service Center (MSC) Soil Removal. RECOMMENDED ACTION: No formal action required. Staff desires to discuss with the City Council options for disposing of the excavated soils currently stockpiled at the MSC site. Staff desires direction on a preferred option to pursue. Two options currently identified for disposing of the MSC soils are: • Transport and disposal at a landfill; or • Reuse some or all of the soil as fill material at a City owned property. If only a portion of the soil were reused at a City owned site, the remaining soil would be landfilled. POLICY CONSIDERATION: Based on the information in this staff report and the discussion at the study session, what is the Council’s preferred approach for disposing of the excavated and stockpiled soils from the MSC site? BACKGROUND: During the early stages of the MSC Renovation Project, the City contracted with an environmental services firm to perform borings on the MSC site to determine the sub-surface conditions. The engineer was requested to evaluate the soils from both a geotechnical and environmental perspective. Additional borings were also taken several months later after the MSC design had been completed and the location of building additions were known. The City contracted to have the environmental services company perform the additional soil borings. Based on the results of the borings no special considerations were made in the project budget for significant soil corrections. As construction began during the fall of 2009, the excavation contractor found significant fill material and asphalt in the area of the salt storage building footings. Upon review by the testing company, this resulted in an over excavation in most areas of the footings to remove poor soils which included asphalt pieces and or petroleum impacted soils. At about the same time, excavation began on the stormwater treatment pond. This is a very large excavation in the southwest corner of the MSC property and extends onto the Creekside Park property as well. Excavation discovered much of the pond area was made up of fill material. This fill material consisted of a mixture of organic soils i.e. peat, pieces of asphalt, petroleum impacted soils, and also tree trunks. As staff discussed alternatives and solutions for dealing with this material, staff made a change in environmental consulting firms and hired AECOM. Bob DeGroot with AECOM became the principal contact for the City to determine solutions to the soils situation. Meeting of February 8, 2010 (Item No. 3) Page 2 As the project continued, the necessary excavation for storm sewer lines in the eastern portion of the site discovered an area that appeared to have been the site of a previous kerosene or petroleum spill or cleanout area from many years ago. This soil, while granular in nature, contained petroleum components. Collectively, the soils that are stockpiled on the MSC site total approximately 17,000 cubic yards. These stockpiled soils are located on the Creekside Park area of the project to allow construction of the MSC to continue. However, before all project underground, curbing, pavement, and restoration work can be completed on the site, the stockpiled soils will have to be removed. To assist with quick removal for a portion of the soils, the City applied for a Hennepin County Emergency Environmental Response Fund Grant and $18,000 was awarded during November to transport and landfill approximately 600 cubic yards of petroleum contaminated soils. The City received Minnesota Pollution Control Agency (MPCA) approval to place some of the contaminated soils back into the ground at the MSC site as fill, however, as most of that excavated material was excess from the site and intended for removal by the contractor, only a small portion was able to be utilized as fill at the MSC. DISCUSSION: Because the approximately 17,000 cubic yards of soil remaining on the site are impacted with petroleum residue, asphalt/concrete pieces, or general debris, they are regulated under MPCA policy, limiting the options available for use of these materials. To assist with the unexpected costs associated with mitigation of impacted soils from the MSC site, the City applied for a Hennepin County Environmental Response Fund Grant in November for the current program cycle which began in November. The County Board subsequently awarded up to $534,000 for the City during their January 26, 2010 meeting. During the grant application process, Hennepin County encouraged the City to consider options for placement of the soil on other City owned property as an alternative to landfill disposal. Re-use of excavated soils is a more environmentally sustainable practice than filling landfill space and is being promoted by the County. AECOM had many samples analyzed and verified chemical levels in the soil comply with State residential limits. The most significant limiting components of this soil include a composition of peat/clay/silt, limiting the ability for compaction under a road or building, and numerous pieces of asphalt/concrete/debris. Bob DeGroot, AECOM will be present during the study session to discuss the soil makeup and respond to any Council questions. Two options currently identified for mitigating the MSC soils include: 1) Transport and disposal at a landfill; or 2) Reuse some or all of the soil as fill material at a City owned property. Meeting of February 8, 2010 (Item No. 3) Page 3 Staff has reviewed City owned property and determined the most feasible location to be in the southwest corner of the Louisiana Oaks Park. This portion of the park is part of an EPA Superfund site that was mounded with debris from the Reilly operation many years ago and has experienced some settlement. Additionally, the slopes in this area of the park are relatively steep and, in their current condition, may not be disturbed for plantings due to the fill material composition. Hennepin County has indicated that their grant funds could be used for transportation, placement and restoration costs incurred through the re-use of MSC soils or landfill disposal if a re-use option is not viable. City and County staff have presented the re-use concept to the MPCA for discussion and have not yet received an indication if this concept will be acceptable. Several steps and approvals would be need before proceeding with utilizing MSC soils at Louisiana Oaks Park: 1) MPCA approval is required for the MSC excavated soils mitigation plan. 2) United States Environmental Protection Agency (US-EPA) approval is required for modification to the superfund site. 3) Public process to present the Park neighbors and users with the plan. 4) Depending on the amount of the soils used at the Louisiana Oaks Park site, a Conditional Use Permit approval process may be required Developing an acceptable plan of action within the next fee weeks for the removal of the soil is critical to ensure completion of the Municipal Service Center and Creekside Park project. Undergrounding storm sewer, final grading, curb, paving, and landscaping will be delayed until the stockpile is removed from the site. The approximate $500,000 cost for removing and transporting the soils will require the City to develop project specifications and go through the formal bid process, about a two month process once final approvals are received. FINANCIAL OR BUDGET CONSIDERATION: A maximum grant amount of up to $534,000 from Hennepin County is available for the removal of the MSC soils. Based on the engineers estimates of 17,000 cubic yards, this should provide the City with sufficient funding to hire a contractor and either reuse or disposal of the soils based on estimates of current trucking and disposal costs. VISON CONSIDERATION: Not applicable. Attachments: None Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Meeting Date: February 8, 2010 Agenda Item #: 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: Update on Public Safety Dispatch. RECOMMENDED ACTION: No formal action requested. Staff desires to update the City Council on recent events concerning the City’s public safety dispatch operation. POLICY CONSIDERATION: None at this time. BACKGROUND: The City of St. Louis Park has been providing public safety dispatch services for Golden Valley since the mid 90’s. The contract with Golden Valley requires they provide St. Louis Park with a one year notification of their intent to terminate the contract. The City of St. Louis Park has received a letter from the City of Golden Valley indicating their intent to terminate their participation in the City’s dispatch operation effective December 31, 2010. It is Golden Valley’s intent to have its dispatch services provided by Hennepin County in 2011. Staff desires to provide the City Council with an update on this situation at the study session. FINANCIAL OR BUDGET CONSIDERATION: Not applicable at this time. VISION CONSIDERATION: Not applicable. Attachments: None Prepared and Approved by: Tom Harmening, City Manager Meeting Date: February 8, 2010 Agenda Item #: 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: Parks and Recreation Advisory Commission Annual Report and 2010 Work Plan. RECOMMENDED ACTION: This report summarizes work performed by the Parks and Recreation Advisory Commission (“PRAC”) in 2009 and outlines the intentions of PRAC for work to be performed in 2010. POLICY CONSIDERATION: Are the actions of the PRAC in alignment with the expectations of the City Council? Does the City Council wish to meet with PRAC to discuss the annual report and work plan? BACKGROUND: The Parks and Recreation Advisory Commission considers matters pertaining to long-range park and recreation plans; and may offer recommendations in new development areas in relation to park and recreation space. The City Council may request the Commission to study and advise on other related items. The Commission consists of seven regular members and one voting youth member. Meetings are held the third Wednesday of each month at 7:00 p.m. In accordance with Council policy, the 2009 Year End Report and 2010 Work Plan are submitted for Council review at the February 8, 2010 study session. If the City Council would like to talk further to PRAC the chair could meet with Council at the March 22, 2010 study session. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: The 2010 PRAC Work Plan contemplates participation in several focus areas of the Vision Process. Attachments: Parks and Recreation Advisory Commission 2009 Year End Report Parks and Recreation Advisory Commission 2010 Work Plan By-Laws Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting of February 8, 2010 (Item No. 5) Page 2 Parks and Recreation Advisory Commission (“PRAC”) 2009 Year End Report The Parks and Recreation Advisory Commission Purpose: The Commission shall study and consider all phases of public parks and recreation and recommend to the City of St. Louis Park and Independent School District #283 a park and public recreation program which best meets the needs of all residents of St. Louis Park. 2009 Parks and Recreation Advisory Commission Kirk Hawkinson, Chair George Hagemann, Vice Chair Christina Barberot, City Representative Jenny Coig, School Representative George Foulkes, School Representative Sam Flumerfelt, Student Representative Steve Hallfin, City Representative Tom Worthington, City Representative Parks and Recreation Department Staff Cindy Walsh, Director Rick Beane, Park Superintendent Rick Birno, Recreation Superintendent Mark Oestreich, Westwood Hills Nature Center Manager Craig Panning, Manager of Buildings and Structures Jim Vaughan, Environmental Coordinator Stacy Voelker, Administrative Secretary 2009 Highlights Youth Association representatives attend Commission meetings and provide updates from their associations. Also discussed are ideas to foster better relationships with participants, other associations and the city. In 2009, the Commission met with the Hockey Association, Boys Traveling Basketball Association, and the Football Association. Throughout the year, staff presented and discussed Capital Improvement Projects with the Commission. Meeting of February 8, 2010 (Item No. 5) Page 3 The Commission met with volunteers from the Dakota Park neighborhood regarding the Off-Leash Dog Park to discuss suggested improvements. At the request of the Dog Park group, and approved by the Commission, members recommended the addition of lights at the entrance of the Dog Park, move the entrance closer to the Dakota Park parking lot, install a drinking fountain, and create a separate small dog area. Also in 2009, the fees to utilize the Dog Park were changed, providing an advantage to residents. Residents will no longer be charged an additional fee to utilize the dog park as it will be included in their license fee. The fee for non-residents will remain unchanged. Commission members reviewed and discussed art pieces that were added throughout the city. Along with a welcome sign in the Aquila neighborhood and a Browndale Park sign, public art added includes “The Bee Way” by Foster Willey, Jr. at the West End project; an interactive light display, “Aurora Organ”, by Camille Utterback inside the West End project; streetscape art project along West 36th Street by Marjorie Pitz; and Normal Anderson’s initial design for the Ellipse site. Commission member, George Hagemann, is a Friends of the Arts liaison and updates the Commission regularly. Commission member George Hagemann, along with members of the Police Advisory Commission and members of the community, were involved in a bicycle safety committee. The committee discussed more effective ways to provide education to the public regarding trail crossings, work with the police on enforcing the laws, and work cooperatively to solve issues that arise with an emphasis on bicycling rights. The goal of the committee is to educate community members and police staff to improve the dynamics of bicycling in St. Louis Park. Both the Police Advisory Commission and the Parks and Recreation Advisory Commission provided recommendations that are incorporated into this year’s park and trail map. In 2009, the Commission applied for and received a grant from the Minnehaha Creek Watershed District in an amount of $2,000 to purchase equipment for the Minnehaha Creek clean up. The city purchased hip waders, garbage grabbers, bags, gloves and refreshments with the grant. The Minnehaha Creek clean up was held on Saturday, April 18. It was estimated over 100 individuals volunteered at the clean up which was great success. The Commission actively participated in the Parks, Open Space and Natural Recourse Comprehensive Plan put together by the Community Development department. They reviewed the plan and approved it in March. Commission members assisted staff in working with the four baseball associations (American Legion, Traveling league, Little League, and Babe Ruth) to merge the individual associations into one Baseball Association. The merger was finalized in 2009. Meeting of February 8, 2010 (Item No. 5) Page 4 2010 Parks and Recreation Advisory Commission George Hagemann, Chair Christina Barberot, Vice Chair Jenny Coig, School Representative Sam Flumerfelt, Student Representative George Foulkes, School Representative Steve Hallfin, City Representative Kirk Hawkinson, City Representative Tom Worthington, City Representative 2010 Goals ¾ Athletic Association Relationship: Invite each association to their monthly meetings to continue a positive relationship. ¾ Athletic Association Research: Research how to further support association dissemination of information to reduce costs. ¾ Commissions: Meet with other commissions as appropriate. ¾ Minnehaha Creek Clean-Up: Organize a clean up of the creek and creek shores. ¾ Park User Group Relationship: Assist in facilitating interested groups and other park and recreation users (i.e. Friends of the Arts, Off-Leash Dog Park users, Historical Society, etc.). ¾ Recreation Resources: Invite Council to participate in exploring the city’s recreation resources (i.e. bike ride, canoe trip). In 2010, PRAC would participate in the bike ride that the council will be having in May. ¾ Staff Appreciation Luncheon: Serve an appreciation luncheon for staff. 2010 Parks and Recreation Advisory Commission Work Plan Meeting of February 8, 2010 (Item No. 5) Page 5 ST. LOUIS PARK, MINNESOTA PARKS AND RECREATION ADVISORY COMMISSION BY-LAWS Adopted March 13, 1957 Revised April 10, 1963 Revised November 8, 2000 Revised April 11, 2007 Article I - The Commission 1.1 Name of Commission. The name of the Commission shall be the “Parks and Recreation Advisory Commission”, which is referred to herein from time to time as “The Commission”. 1.2 Powers. The powers of the commission shall be vested in the Commissioners thereof in office from time to time. 1.3 Mission, Vision, and Values Statements. The Commission shall operate under the tenets of the cities mission, vision, values and statements. 1.31 Goals • The commission shall operate under annual goals which are stated in the work plan form. 1.4 Purpose and Duties. 1.41 Purpose • This Commission shall study and consider all phases of public parks and recreation and recommend to the City of St. Louis Park and Independent School District #283 a park and public recreation program which best meets the needs of all residents of St. Louis Park. 1.42 Duties • Duties of the Commission shall be advisory, and shall be such as are set forth in Ordinance #540 – dated September 4, 1956 and as amended by Ordinance #1403 dated April 17, 1978 of the City of St. Louis Park and of the Agreement between School District #283 and the City of St. Louis Park dated August 13, 1956, and as amended in 1972. They shall include the following: a. Study of current park and recreation programs, and desires of citizens for such services. b. Staff and commissioners will work together to keep acquainted with the best recreation and park standards for communities. c. Study and recommendation of long-range park and recreation plans for St. Louis Park and be involved in public meetings where appropriate. Meeting of February 8, 2010 (Item No. 5) Page 6 d. Provide recommendations and act in an advisory capacity to city staff and city council regarding parks, recreation programs, nature center, environmental/forestry, trails, facilities, park maintenance and related CIP projects. Article II - Officers 2.1 Officers. The officers of the Commission shall be Chairman and Vice-Chairman whose duties shall be such as their titles imply. A recording secretary shall be appointed by the Chairman and need not be a member of the Commission. 2.2 Chair. The chair shall preside at all meetings of the commission. The chair shall also be responsible for appointing Commission members to task force committees. The Chair’s position rotates annually and the chair serves for one year. 2.3 Vice-Chair. The vice-chair shall perform the duties of the chair in the absence or incapacity of the chair; and in case of the resignation or death of the chair, the vice- president shall perform such duties as imposed on the chair until such time as the commission shall select a new chair. 2.4 Secretary. The recording secretary shall be appointed by the Chair and need not be a member of the Commission. The secretary shall be responsible for ensuring proper notice of all meetings is given. The secretary shall also be responsible for the minutes of all meetings and for the recording of all official actions of the commission in accordance with MN Statute and City policy. The secretary shall perform other duties as the commission shall prescribe. 2.5 Staff Liaison. A staff liaison to the Parks and Recreation Advisory Commission shall be appointed by the city manager and shall be subject to the administrative rules and regulations of the city. The staff liaison may facilitate or assist in the meetings and shall be responsible for recording attendance of commission members. The staff liaison is responsible for keeping the city manager informed regarding the business of the commission and shall communicate to the city manager any problems or issues that may arise. The staff liaison shall also be responsible for assisting the commission in considering their financial needs and, if deemed necessary by the commission, shall request appropriate funding from the city council through the annual budget process. 2.6 City Staff. Other city staff, from various departments, may interact with the Commission as appropriate depending on the issue. 2.7 Delegation of Duties. Officers may delegate duties of their position to other personnel as deemed appropriate by the commission. Meeting of February 8, 2010 (Item No. 5) Page 7 Article III - Election of Officers 3.1 Elections and Terms of Office. The chair, vice-chair and secretary shall be elected from the commission membership by its members at the regular meeting in December of each year, or as shortly thereafter as possible. Terms of office shall be for three years and shall run from January 1st through December 31st of each year, or until a duly elected successor takes office. Officers may be elected to an unlimited number of successive terms. 3.2 Vacancies. Should the office of chair, vice-chair or secretary become vacant, the commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Member vacancies will be filled in a timely manner. Article IV – Meetings 4.1 Meetings. All meetings shall be open to the public. All meetings of the commission shall be conducted in accordance with the Minnesota Open Meeting Law. 4.2 Annual Meeting. The annual meeting of the commission shall be the regular meeting in December at which time elections will be held and the schedule for the following year’s regular meeting schedule will be considered. 4.3 Regular Meetings. The regular meetings of the commission shall be held monthly on the third Wednesday of each month. The commission may, by a majority vote, change the regular meeting dates for any reason provided proper public notice of the changed meeting is provided to the public. 4.4 Holidays. The Commission shall hold regular meetings as set forth in section 4.3 provided however, that when the day fixed for any regular meeting of the Commission falls upon any of the following holidays: Ash Wednesday, Chanukah, Christmas, Veterans Day, Independence Day, Thanksgiving Day, President’s Day, Martin Luther King Jr. Day, New Year's Day, Passover (first two nights), Rosh Hashanah, and Yom Kippur, such meeting shall be held at the same hour on the next succeeding Wednesday not a holiday. (For Chanukah, Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the holiday.) All regular meetings of the Commission shall be held in The Rec Center of the city or other public building as noted. 4.5 Special Meetings. Special meetings of the Commission may be called by the chair or two commissioners, or by the city council, for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The secretary must deliver to the commissioners at least three days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all commissioners attend and participate in the meeting, these notice requirements are not necessary. The presence of any commissioner at a special meeting shall constitute a waiver of any formal notice unless the commissioner appears for the special purpose of objecting to the holding of such meeting. Notice of the date, time, Meeting of February 8, 2010 (Item No. 5) Page 8 place and purpose of a special meeting must also be posted by the secretary at least three days prior to the date of the meeting. 4.6 Emergency Meetings. An emergency meeting may be called by the chair due to circumstances which require immediate consideration. The secretary may notify commissioners by any means available. A good faith effort shall be made to provide notice of the meeting to any news medium that has filed a written request for notice of meetings. The notice shall include the purpose of the meeting. 4.7 Quorum and Voting. The presence of a majority of all currently appointed members of the commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to discuss the business of the commission and recommendations may be made, however, formal action must be reserved for such time as a quorum of the commission is reached. Article V - Agenda and Records of Proceedings 5.1 Agenda Preparation. The agenda for regular and special meetings of the commission shall be prepared by the secretary subject to approval by the chair. Items to be placed on the agenda may be proposed by the chair, a commission member, the staff liaison or at the request of the city council. Residents, businesses, or other interested parties may contact individual commission members or the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the city council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the chair. 5.2 Approval of the Agenda. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 5.3 Record of Proceedings. All minutes and resolutions shall be in writing. Records shall be kept in accordance with MN Statute and Rules regarding preservation of public records and the MN Data Privacy Act. Article VI - Attendance and Performance of Duties 6.1 Attendance. Regular attendance at meetings is a requirement for continued membership. Commission members are expected to attend regular and special commission meetings and assigned committee meetings. Planned absences communicated to the commission chair, secretary or staff liaison in advance of the meeting will be deemed excused. Any other absence will be deemed unexcused. The commission will approve and record the approval of all excused and unexcused absences. Meeting of February 8, 2010 (Item No. 5) Page 9 6.2 Reporting. Council will be informed if a member receives three unexcused absences in any calendar year, if a member attends scheduled meetings irregularly or if a member is frequently absent from scheduled meetings. 6.3 Performance of Duties. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair as soon as possible. The commission may ask the Council to review a member's appointment based upon its assessment of significant non-performance of duties. Article VII - Commission Activities 7.1 Annual Work Plan. The commission will adopt an annual work plan that details activities and projected timelines for the calendar year. • The chair may appoint commission members to be primarily responsible for each work plan activity. • The commission may establish task force committees to oversee work plan activities, chaired by members appointed by the chair. • Commission work plans will be submitted to the City Council by January 1st or as shortly thereafter as practicable. • Commission members will attend a study session to discuss the annual work plan with the City Council. A written mid-year progress report is due by July 31 of each year. 7.2 Task Forces. The commission may create task force committees to investigate and perform duties related to subjects of interest to the commission and to oversee work plan activities. • Task force committees will be chaired by commission members appointed by the commission chair. • A task force consists of at least two appointed commission members, one of whom will be designated committee chair or committee co-chair by the commission chair. A majority of the task force must be present to conduct business, including at least two commission members. • The commission may consolidate or dissolve existing task forces at any time. • The task force chair may appoint other commission members and representatives from the broader community to the task force. • The task force chair shall report about task force activities as an agenda item at regular commission meetings. Meeting of February 8, 2010 (Item No. 5) Page 10 7.3 City Council Annual Report. The commission will submit an annual report to the City Council summarizing the past year's activities. The report may highlight issues of concern and other information the commission feels appropriate to convey to the city council. • The commission chair or designee will prepare the report for approval by the commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. • The report and addenda are submitted with the current year work plan by January 1 or as soon thereafter as possible. Article VIII - By-Laws and Rules 8.1 Amendments. Commission members must be given one month's advance notice regarding proposed amendments prior to formal commission action. Amendments to these procedures can only be considered at a regular meeting of the commission. 8.2 City Council’s Rules and Procedures for Boards and Commissions. These By-Laws are subject to the City Council’s Rules and Procedures for Boards and Commissions, amended by Resolution 06-148 on September 18, 2006 and Chapter 2, Administration, the St. Louis Park City Code. Meeting Date: February 8, 2010 Agenda Item #: 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: 2009 Police Advisory Commission (PAC) Annual Report and 2010 Work Plan. RECOMMENDED ACTION: Each year the City Council receives from each of its boards and commissions an annual report for the past year and their work plan for the coming year. The purpose of this report is to provide the City Council with the 2009 annual report and 2010 work plan prepared by the Police Advisory Commission POLICY CONSIDERATION: • Are the actions of the PAC in alignment with the expectations of the City Council? • Does the City Council wish to meet with the PAC to discuss their annual report and work plan? BACKGROUND: The Police Advisory Commission was formed as a means to enhance awareness of police department capabilities and services; provide an opportunity for citizen involvement and input in police services and encourage exchange between the police department and the community. The work of the commission changes as the needs of the community change. Commissioners design and create their own initiatives each year. The PAC consists of eleven regular members and one voting youth member. Meetings are held the first Wednesday every other month at 7:00 p.m. The 2009 PAC Annual Report and 2010 PAC Work Plan are attached for Council’s review and discussion. FINANCIAL OR BUDGET CONSIDERATION: Not applicable VISION CONSIDERATION: Not applicable Attachments: PAC 2009 Annual Report and 2010 Work Plan PAC Bylaws City Code Chapter 2, Division 7 relating to Police Advisory Commission Prepared by: John D. Luse, Chief of Police Approved by: Tom Harmening, City Manager Meeting of February 8, 2010 (Item No. 6) Page 2 ST. LOUIS PARK POLICE ADVISORY COMMISSION 2009 ANNUAL REPORT AND 2010 WORK PLAN The Purpose of the Police Advisory Commission year end report is to share the progress of the Police Advisory Commission (PAC) with the Council and to set forth a plan for work to be done in 2010. The Police Advisory Commission mission: The purpose of the Police Advisory Commission is to enhance the awareness of the police department’s capabilities and services. To provide an opportunity for citizen involvement in police services. To encourage exchange between the police department and the community. Several Commissioners worked with Human Rights Commissioners to staff a booth at the Children First Ice Cream Social and the City Open House. Commissioners provided information to the public about the commission and the police department. Several Commissioners were involved with the Department’s National Night Out. Commissioners rode with officers to block parties and also hosted block parties in their neighborhood. As a member of the Traffic Sub-Committee Commissioner Widmer has been attending the city staff Traffic Advisory Meetings. The Traffic Advisory group is comprised of members of the Public Works, Community Development, and Police Departments. The group meets every month to discuss traffic related issues within the community. Commissioner Widmer actively provides citizen input on traffic related issues and street projects. The Traffic Sub-Committee worked with the Park and Recreation staff and their Commission on an informational brochure concept titled Experience Biking in the Park. This initiative was in response to the Council’s request to work on traffic and bicycle related issues in 2008. A decision was made to not duplicate efforts and information the PAC brochure was incorporated into the Park and Recreation Department bike trail map. The sub-committee also assisted in the production of two bicycle safety segments which aired on the Inside the Park Community Television. The Third Annual St. Louis Park Crime Prevention Fund Golf Tournament was held on September 11th, 2009. It was another successful year, earning $2246 dollars for the Crime Prevention Fund. The goal of the tournament is to bring the business community together with the police department for a day of fun and recreation, and to raise funds for the Crime Prevention Fund. PAC will continue with this effort in 2010 and plan to publicize the event in early 2010. In an effort to work more closely with the Human Rights Commission on police related issues, Commissioner Pat Swiderski is attending the Human Rights Commission meetings. Commissioner Swiderski participates in Human Rights Commission activities and is encouraging their Commissioners to participate in Police Advisory Commission activities. We have jointly discussed the idea of organizing an immigrant forum similar in nature to the Somalian forum previously sponsored by the HRC and a Public Service Announcement on Police Traffic Stops to be aired on Inside the Park. Meeting of February 8, 2010 (Item No. 6) Page 3 The fifth Citizen’s Academy was offered in 2009. Twenty community members completed the 2009 Academy. Public reaction to this series of classes is always positive and it allows the public to connect with and learn more about the Police Department. Commissioners assisted Officer Czapar with welcoming participants at the first class session and were present for the graduation ceremony. The 2010 work plan for the PAC is as follows: • Attend the Children First Ice Cream Social, City Open House, and National Night Out with the goal of providing information to the public about the commission and the police department • Work with the HRC on producing a Public Service Announcement on Police Traffic Stops to be aired on Inside the Park. The PAC goal would be to provide information regarding what to expect when stopped by a police officer. • Continue working with the City’s Traffic Advisory Committee • Produce quarterly public safety information programs for the Inside the Park Community TV • Continue the Annual St. Louis Park Police Department Crime Prevention Crime Fund Golf Tournament, with the goal of increasing participation Meeting of February 8, 2010 (Item No. 6) Page 4 ST. LOUIS PARK, MINNESOTA POLICE ADVISORY COMMISSION BY-LAWS Adopted July 21, 2003 Article I - The Commission 1.1 Name of Commission. The name of the Commission shall be the “Police Advisory Commission, which is referred to herein from time to time as “The Commission”. 1.2 Powers. The powers of the commission shall be vested in the Commissioners thereof in office from time to time. 1.3 Mission, Vision, Values, and Goal Statements. The Commission shall operate under the tenets of these mission, vision, values and goal statements. 1.31 Mission • Enhance the awareness of police department capabilities and services • Provide an opportunity for citizen involvement in police services • Encourage exchange between police department and the community 1.32 Vision • The St. Louis Park Police Advisory Commission strives to create a community that is proactive, safe, informed, inclusive, and healthy • The St. Louis Park Police Advisory Commission will make a difference by serving as a connection to the community, supporting the efforts of the police department, promoting partnerships, and encouraging involvement in educational opportunities 1.33 Values • The St. Louis Park Police Advisory Commission values integrity, ethics, safety, prevention, and quality of life • The St. Louis Park Police Advisory Commission is motivated by communication, relationship building, and problem solving 1.34 Goals • Enhance the power of advocacy • Create more public recognition and visibility of the Police Department, Police Advisory Commission and Community Policing • Provide a more systematic, comprehensive approach to addressing community and individual issues • Provide more opportunities to improve Community Policing Meeting of February 8, 2010 (Item No. 6) Page 5 Article II - Officers 2.1 Officers. The officers of the Commission shall be Chair, Vice-Chair, and Secretary. 2.2 Chair. The chair shall preside at all meetings of the commission. The chair shall also be responsible for appointing Commission members to task force committees. 2.3 Vice-Chair. The vice-chair shall perform the duties of the chair in the absence or incapacity of the chair; and in case of the resignation or death of the chair, the vice-president shall perform such duties as imposed on the chair until such time as the commission shall select a new chair. 2.4 Secretary. The secretary shall be responsible for ensuring proper notice of all meetings is given. The secretary shall also be responsible for the minutes of all meetings and for the recording of all official actions of the commission in accordance with MN Statute and City policy. The secretary shall perform other duties as the commission shall prescribe. 2.5 Staff Liaison. A staff liaison to the Police Advisory Commission shall be appointed by the city manager and shall be subject to the administrative rules and regulations of the city. The staff liaison may facilitate or assist in the meetings and shall be responsible for recording attendance of commission members. The staff liaison is responsible for keeping the city manager informed regarding the business of the commission and shall communicate to the city manager any problems or issues that may arise. The staff liaison shall also be responsible for assisting the commission in considering their financial needs and, if deemed necessary by the commission, shall request appropriate funding from the city council through the annual budget process. 2.6 Delegation of Duties. Officers may delegate duties of their position to other personnel as deemed appropriate by the commission. Article III - Election of Officers 3.1 Elections and Terms of Office. The chair, vice-chair and secretary shall be elected from the commission membership by its members at the regular meeting in December of each year, or as shortly thereafter as possible. Terms of office shall be for one-year and shall run from January 1st through December 31st of each year, or until a duly elected successor takes office. Officers may be elected to an unlimited number of successive terms. 3.2 Vacancies. Should the office of chair, vice-chair or secretary become vacant, the commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Article IV - Meetings 4.1 Meetings. All meetings of the commission shall be conducted in accordance with the Minnesota Open Meeting Law. Format of the meetings may be informal, however, the Chair may, at their discretion, determine that more formal proceedings are warranted. In that event the meeting shall be conducted as outlined in the third edition of The Standard Code of Parliamentary Procedures as adopted in city council rules and procedures. Meeting of February 8, 2010 (Item No. 6) Page 6 4.2 Annual Meeting. The annual meeting of the commission shall be the regular meeting in December at which time elections will be held and the schedule for the following year’s regular meeting schedule will be considered. 4.3 Regular Meetings. The regular meetings of the commission shall be held a minimum of six times per year at dates, times and locations scheduled annually by the commission. The commission may, by a majority vote, change the regular meeting dates for any reason provided proper public notice of the changed meeting is provided to the public. 4.4 Special Meetings. Special meetings of the Authority may be called by the chair or two commissioners, or by the city council, for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The secretary must deliver to the commissioners at least three days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all commissioners attend and participate in the meeting, these notice requirements are not necessary. The presence of any commissioner at a special meeting shall constitute a waiver of any formal notice unless the commissioner appears for the special purpose of objecting to the holding of such meeting. Notice of the date, time, place and purpose of a special meeting must also be posted by the secretary on the principal bulletin board of the city at least three days prior to the date of the meeting. 4.5 Emergency Meetings. An emergency meeting may be called by the chair due to circumstances which require immediate consideration. The secretary may notify commissioners by any means available. A good faith effort shall be made to provide notice of the meeting to any news medium that has filed a written request for notice of meetings. The notice shall include the purpose of the meeting. 4.5 Quorum and Voting. The presence of a majority of all currently appointed members of the commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to discuss the business of the commission and recommendations may be made, however, formal action must be reserved for such time as a quorum of the commission is reached. Article V - Agenda and Records of Proceedings 5.1 Agenda Preparation. The agenda for regular and special meetings of the commission shall be prepared by the staff liaison subject to approval by the chair. Items to be placed on the agenda may be proposed by the chair, a commission member, the staff liaison or at the request of the city council. Residents, businesses, or other interested parties may contact individual commission members or the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the city council will be placed on an appropriate agenda, requests from other parties will be placed on an appropriate future agenda at the discretion of the chair. . 5.2 Approval of the Agenda. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. Meeting of February 8, 2010 (Item No. 6) Page 7 Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 5.3 Record of Proceedings. All minutes and resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Records shall be kept in accordance with MN Statute and Rules regarding preservation of public records and the MN Data Privacy Act. Article VI - Attendance and Performance of Duties 6.1 Attendance. Regular attendance at meetings is a requirement for continued membership. Commission members are expected to attend regular and special commission meetings and assigned committee meetings. Planned absences communicated to the commission chair or committee task force chair in advance of the meeting will be deemed excused. Any other absence will be deemed unexcused. The commission will approve and record the approval of all excused and unexcused absences. 6.2 Reporting. Council will be informed if a member receives three unexcused absences in any calendar year, if a member attends scheduled meetings irregularly or if a member is frequently absent from scheduled meetings. 6.3 Performance of Duties. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or task force chair as soon as possible. The commission may ask the Council to review a member's appointment based upon its assessment of significant non-performance of duties. Article VII - Commission Activities 7.1 Annual Work Plan. The commission will adopt an annual work plan that details activities and projected timelines for the calendar year. • The chair may appoint commission members to be primarily responsible for each work plan activity. • The commission may establish task force committees to oversee work plan activities, chaired by members appointed by the chair. • Commission work plans will be submitted to the City Council by March 1st or as shortly thereafter as practicable. 7.2 Task Forces. The commission may create task force committees to investigate and perform duties related to subjects of interest to the commission and to oversee work plan activities. • Task force committees will be chaired by commission members appointed by the commission chair • A task force consists of at least two appointed commission members, one of whom will be designated committee chair or committee co-chair by the commission chair. A majority of the task force must be present to conduct business, including at least two commission members. Meeting of February 8, 2010 (Item No. 6) Page 8 • The commission may consolidate or dissolve existing task forces at any time. • The task force chair may appoint other commission members and representatives from the broader community to the task force. • The task force chair shall report about task force activities as an agenda item at regular commission meetings. 7.3 City Council Annual Report. The commission will submit an annual report to the City Council summarizing the past year's activities. The report may highlight issues of concern and other information the commission feels appropriate to convey to the city council. • The commission chair or designee will prepare the report for approval by the commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. • The report and addenda are submitted with the current year work plan in March or as soon thereafter as possible. Article VIII - By-Laws and Rules 8.1 Amendments. These By-Laws may be amended by a majority of all voting member of the commission. Commission members must be given one month's advance notice regarding proposed amendments prior to formal commission action. Amendments to these procedures can only be considered at a regular meeting of the commission. Meeting of February 8, 2010 (Item No. 6) Page 9 ST. LOUIS PARK CITY CODE Chapter 2 ADMINISTRATION DIVISION 7 POLICE ADVISORY COMMISSION Sec. 2-321. Membership; terms. (a) Function; composition. The police advisory commission shall be an advisory commission to the city council. It shall consist of eleven regular members and one youth member, all appointed as set forth in this section. (b) Regular members. The City Council shall appoint four regular members of the commission for terms to expire on December 31, 2004, four regular members for terms to expire on December 31, 2005, and three regular members for terms to expire on December 31, 2006. All subsequent appointments shall be for three-year terms which shall expire on December 31 of the third year of such term and until a successor is duly appointed and qualified. In the event of a vacancy, the city council shall appoint a person to complete the unexpired term. A member of the commission may be removed with or without cause by the city council. (c) Youth member. One voting youth who shall be a high school student of a private or public school located in the city may be appointed by the city council and serve a term of one year. (d) Qualifications. Regular members of the police advisory commission shall be qualified voters and residents of the city. A vacancy shall deem to exist if a member ceases to meet the residency requirements. All members of the commission shall be appointed from persons who have demonstrated an interest in the police advisory commission by submission of appropriate city forms. Sec. 2-322. Organization. (a) A staff liaison to the police advisory commission shall be appointed by the city manager and shall be subject to the administrative rules and regulations of the city. (b) The commission shall elect its own chair and vice-chair. Subject to such limitations as may be imposed by the city council at any time, the commission shall provide its own rules and procedure, determine the date and time of meetings and, upon proper notice, shall call public hearings when necessary and desirable and in accordance with all requirements of local and state laws. The bylaws of the commission and amendments shall be submitted to the city council upon their adoption. Such bylaws and any amendments shall be deemed to be approved by the city council unless the city council takes action to modify such bylaws or amendments within 30 days after submission. No member of the commission shall consider or vote upon any question in which the member is directly or indirectly interested. (c) The commission shall keep proper records of its proceedings, and such records shall be maintained by the staff liaison or the liaison's designee. Meeting of February 8, 2010 (Item No. 6) Page 10 Sec. 2-323. Expense of members. The members of the police advisory commission shall serve without pay but may be reimbursed for actual expenses to the extent that funds therefor are provided in the annual city budget adopted by the city council. The commission shall properly account for its receipts and expenditures of monies in accordance with established city procedures. Sec. 2-324. Powers and duties. Under the direction of the city council, the police advisory commission shall perform those functions and duties necessary to: (a) Carry out their stated mission to enhance the awareness of police department capabilities and services; provide an opportunity for citizen involvement in police services and to encourage exchange between the police department and the community. (b) Submit to the city council by April 1 of each year an annual report of the activities of the commission during the previous year; and (c) Perform other functions as needed to carry out these duties and responsibilities as directed by the city council and to act in an advisory capacity to the city council. Meeting Date: February 8, 2010 Agenda Item #: 7 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: Board of Zoning Appeals (BOZA) 2009 Annual Report. RECOMMENDED ACTION: This report summarizes the work of BOZA in 2009, detailing the number and type of applications processed in 2009. It is attached for your review. POLICY CONSIDERATION: • Are the actions of BOZA in alignment with the expectations of the City Council? • Does the City Council wish to meet with BOZA to discuss their annual report? BACKGROUND: The Board of Zoning Appeals acts in an advisory capacity to the City Council. BOZA may hear and make recommendations on matters referred to them or as required under the Zoning Ordinance. The Board hears and decides on variances to be granted in regard to the Zoning Ordinance and other applicable State laws. The Board may also hear and decide on appeals from any order, requirement, permit decision, refusal, or determination from the Zoning Administer or interpretation of the Zoning Ordinance. Recommendations, reports, and records from the Board are communicated to the City Council. The Board consists of five regular members and meets the fourth Thursday of every month at 6:00 p.m. In accordance with Council policy, the 2009 Annual Report is attached in full for City Council review. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Careful consideration of variance requests and zoning interpretations are a step toward achieving our vision; being good environmental stewards, providing a well-maintained housing stock and increasing and strengthening neighborhoods. Attachments: 2009 BOZA Annual Report BOZA Bylaws Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning &Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of February 8, 2010 (Item No. 7) Page 2 Board of Zoning Appeals 2009 Annual Rep ort Board of Zoning Appeals Commission Members Paul Roberts, Chair James Gainsley, Vice-Chair Susan Bloyer, Board Member Ryan Burt, Board Member Henry Solmer, Board Member Gary Morrison, Staff Liaison Meeting of February 8, 2010 (Item No. 7) Page 3 BOARD OF ZONING APPEALS Board of Zoning Appeals (BOZA) established: Section 2-301 – 305 of the City Code establishes the Board of Zoning Appeals. Membership: The Board consists of five regular members appointed by the city council for three-year terms. The members of the board are to be qualified voters and residents of the city. A staff liaison to the Board is appointed by the city manager. The staff liaison is the Assistant Zoning Administrator, Gary Morrison. Meetings: The Board meets once a month, at 6 p.m. on the fourth Thursday of the month. Powers and duties. The responsibilities of the BOZA include: (1) Hear and decide on appeals from any order, requirement, permit decision or refusal or determination made by the zoning administrator under the zoning chapter and from any interpretation of the text of the zoning chapter, or any location of the boundary of a zoning district as shown on the official zoning map made by the zoning administrator, in accordance with all requirements of local and state laws. (2) Hear and decide on requests for variances from the terms of the zoning chapter in the manner and subject to the standards and requirements set forth in the zoning chapter and applicable state laws. (3) Communicate with the city council its recommendations, records of proceedings and any other method of reporting as may be deemed appropriate by the city council. (4) Act in an advisory capacity to the city council and hear and make recommendations to the city council on all matters referred to the board or upon which it is required to act under the zoning chapter. Decision subject to appeal to the city council. Any party aggrieved by a decision of the BOZA may appeal the decision to the city council. The appeal must be filed with the planning department within ten days of issuance of the BOZA decision. Meeting of February 8, 2010 (Item No. 7) Page 4 In 2009, the Board of Zoning Appeals (BOZA) heard two variance applications. The BOZA approved one variance, and denied one variance. No decisions were appealed to the City Council. The following is a summary of the variances applied for since 2006. VARIANCE APPLICATIONS RECEIVED 2006 2007 2008 2009 RESIDENTIAL Setbacks Attached Garages: Interior side setback: 2 0 1 2 rear setback: 2 0 3 0 side yard abutting the street setback: 1 0 3 0 Living Space: front setback: 1 0 0 0 Interior side setback: 2 1 1 0 side yard abutting the street setback: 1 0 Covered Porch: front setback: 1 0 0 0 Eave (side setback): 2 3 0 0 Deck: Interior side setback: 0 1 0 0 Miscellaneous: 0 0 2 0 Open Lot Area (1) Living Space: 1 0 0 0 Attached Garage: 1 0 0 0 No Build Area (2) Attached Garage 3 0 0 0 Gravel Driveway 1 0 0 0 Total Residential Variances: 17 5 11 2 COMMERCIAL rear setback: 1 0 0 0 front setback: 0 1 0 0 side yard abutting the street: 1 0 1 0 Floor Area Ratio: 1 0 0 0 Parking Spaces: 1 0 0 0 Restaurant to Residential setback: 2 0 0 0 Bufferyard: 1 0 0 0 Expand a non-conformity 0 0 1 0 Total Commercial Variances: 7 1 2 0 Total Variances: 24 6 13 2 (1) A 20 foot by 20 foot or 20 foot by 30 foot open area in the back yard. This requirement was removed in 2006. (2) Open area required when a back yard is adjacent to a neighbor's front yard. Meeting of February 8, 2010 (Item No. 7) Page 5 Mitch & Laura Callahan – 8112 Westwood Hills Dr. BOZA Date: June 25, 2009 Continued date: July 30, 2009 Request: Three foot variance to the required six foot interior side yard setback for an attached two car garage. BOZA Action: Denied the application. While the garage was proposed to be three feet from the side property line, it was technically a laundry room that was proposed to be located between the house and garage that was forcing the garage into the required setback. The applicant argued the main floor laundry room was needed for ADA requirements. The applicant, however, is not currently disabled, but could possibly become disabled in the future. The BOZA denied the application because there was not an existing or imminent disability, and there are alternative locations for the laundry room that would not result in a variance. As a result of the denial, the applicant constructed an attached garage and main floor laundry room that meets all required setbacks. Before Photograph: After Photograph: Meeting of February 8, 2010 (Item No. 7) Page 6 Chris & Carrie Long - 3751 Huntington Avenue S. BOZA Date: September 29, 2009 Request: A 2.1 foot variance to the required five foot interior side yard setback for the construction of an attached two car tandem garage with a master suite above. BOZA Action: Approved the request resulting in a 2.9 foot interior side yard setback for the construction of an attached garage with living space above. As of the date of this report, construction has not started. Before Photograph After Photograph Meeting of February 8, 2010 (Item No. 7) Page 7 BYLAWS OF THE ST. LOUIS PARK BOARD OF ZONING APPEALS Article I — The Board 1.1 Name of Board. The name shall be, THE BOARD OF ZONING APPEALS, ("Board" or "BOZA"). 1.2 Powers. The powers of the Board shall be vested in the Board members (“Members” or “Commissioners”). Article II — Officers 2.1 Officers. The officers of the Board shall be Chair and Vice Chair. 2.2 Chair. The Chair shall preside at all meetings of the Board. The Chair shall have the same voting rights as any other Member and may take an active role in the debate of all matters, except where such matters involve the Chair. 2.3 Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence, incapacity, or resignation of the Chair, who shall serve until the Board elects a new Chair. In the event that the Board elects the Vice Chair to serve as Chair, the Board shall then elect a Member to fill the Vice Chair vacancy. 2.4 Absence. In the absence of the Chair, and Vice Chair, meetings shall be conducted by the most senior Member present in terms of service. 2.5 Staff Liaison. A Staff Liaison (“Liaison”) to the Board shall be appointed by the City Manager and shall be subject to the Administrative Rules and Regulations of the City. The Liaison may facilitate or assist in the meetings and shall be responsible for recording attendance of Board members. The Liaison is responsible for keeping the City Manager informed regarding the business of the Board and shall communicate to the City Manager any problems or issues that may arise. The Liaison shall also be responsible for assisting the Board in considering their financial needs and, if deemed necessary by the Board, shall request appropriate funding from the City Council through the annual budget process. 2.6 Delegation of Duties. Officers may delegate their respective duties imposed under these Bylaws to other personnel as the Board may from time to time deem appropriate. Article III — Election of Officers 3.1 Election of Officers. The Chair and Vice Chair shall be elected from the Board by its Members at the regular meeting in December of each year, or as shortly thereafter as possible. Nomination of officers shall be made from the floor at the annual organizational meeting, and the elections shall follow immediately thereafter. Meeting of February 8, 2010 (Item No. 7) Page 8 3.2 Terms of Office. The Chair and Vice Chair shall take office immediately following their election. Terms of office shall be for one (1) year and shall run from January 1st through December 31st of each year, or until a duly elected successor takes office. Persons holding the position of the Chair and Vice-Chair cannot be reelected to the same position until the election next following the election marking the end of their current term. 3.3 Vacancies. Should the office of Chair or Vice-Chair become vacant, the Board shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Article IV — Meetings 4.1 Meetings. All meetings of the Board shall be conducted in accordance with the Minnesota Open Meeting Law. The proceedings of the meetings shall be conducted using the then current edition as may have been revised of the Sturgis Code of Parliamentary Procedure. 4.2 Annual Meeting. The annual meeting of the Board shall be the regular meeting in December at which time elections will be held and the schedule of regular meetings for the following year will be considered. 4.3 Regular Meetings. The Board may The Board may, by a majority vote, change the regular meeting dates for any reason provided proper public notice of the changed meeting is provided to the public. All regular meetings are held on the fourth (4) Thursday of every month at 6:00 p.m. 4.4 Holidays. The Board shall hold regular meetings as set forth in Section 4.3. Provided however, that when the day fixed for any regular meeting of the Commission falls upon any of the following holidays: Ash Wednesday, Hanukkah, Christmas, Veterans Day, Independence Day, Thanksgiving Day, President’s Day, Martin Luther King Jr. Day, New Year's Day, Passover (first two nights), Rosh Hashanah, and Yom Kippur, such meeting shall be held at the same hour on the next succeeding Tuesday not a holiday. (For Hanukkah, Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the holiday.) All regular meetings of the Board shall be held in the City Hall of the City or other public building as noticed. 4.5 Special Meetings. Special meetings of the Board may be called by the Chair or two (2) Board members, or by the City Council, for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The Liaison must deliver to the Board at least three (3) days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all Board members attend and participate in the meeting at which the special meeting was called these notice requirements are not necessary. The presence of a Board member at the meeting at which the special meeting was called shall constitute a waiver of any formal notice unless the Board member appeared for the special purpose of objecting to the holding of the special meeting. Notice of the date, time, place and purpose of a special meeting must Meeting of February 8, 2010 (Item No. 7) Page 9 also be posted by the Liaison on the principal bulletin board at the city hall at least three (3) days prior to the date of the meeting. 4.6 Emergency Meetings. An emergency meeting may be called by the Chair due to circumstances which require immediate consideration. The Liaison shall notify Board members by any means available. A good faith effort shall be made to provide notice of the meeting to any news medium that has filed a written request for notice of meetings. The notice shall include the purpose of the meeting. 4.7 Quorum. The presence of a majority of all currently appointed Members of the Board shall constitute a quorum for the purpose of conducting business, exercising its powers and for all other purposes. In the event a quorum is not present, a smaller number of Members may meet informally to discuss the business of the Board and make informal recommendations, but, the only formal action that shall be taken is to adjourn the meeting. 4.8 Voting. Voting shall be by voice or hand and must be recorded. Voting by proxy is not permitted. Article V — Hearings 5.1 Authority to Conduct Hearings. In addition to those required by law, the Board may at its discretion hold public hearings when it declares such hearings will be in the public interest. 5.2 Publication of Notice. In the event of a public hearing, notice of such hearing shall be published in the official newspaper of the municipality not less than ten days before. 5.3 Meeting Notice. Notice to the applicant or directly affected parties, by mail, shall be given not less than five days prior to the date of the hearing. 5.4 Presenting the Case. The case before the Board shall be presented in summary by the appropriate City Staff person or a designated Member of the Board and parties in interest shall have privilege of the floor thereafter. 5.5 Postpone/Continue Hearing. The Board may postpone any case or continue any case for further study and information until the next regular meeting or until a special meeting designated for this purpose. Article VI — -Agenda and Records of Proceedings 6.1 Agenda Preparation. The agenda for regular and special meetings of the Board shall be prepared by the Liaison. Items to be placed on the agenda may be proposed by the Chair, a Board member, the Liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact individual board members or the Liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the Board. Meeting of February 8, 2010 (Item No. 7) Page 10 6.2 Order of Business. The order of business shall be as follows: 1. Roll 2. Approval of Minutes 3. Consent Agenda 4. Public Hearing 5. Old Business 6. New Business 7. Communications 8. Miscellaneous 9. Adjournment 6.3 Approval of the Agenda. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 6.4 Addressing the Board. Each person addressing the Board shall, if requested by the Presiding Officer, step up in front of the podium provided for such purpose, shall give his name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his remarks to five minutes. At the discretion of the Presiding Officer, those addressing the Board may be allowed to position themselves in other areas of the room. All remarks should be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either director or through a member of the Board, without the permission of the Presiding Officer. No question shall be asked a Board member except through the Presiding Officer. 6.5 Record of Proceedings. All minutes and resolutions shall be in writing and shall be copied in the journal of the proceedings of the Board. Records shall be kept in accordance with Minnesota Statutes and Rules regarding preservation of public records and the Minnesota Data Privacy Act. Article VII — Attendance and Performance of Duties 7.1 Attendance. Regular attendance at meetings is a requirement for continued membership. Members are expected to attend regular and special Board meetings and assigned committee meetings. Planned absences communicated to the Board Chair, Vice Chair and/or Liaison in advance of the meeting will be deemed excused. Any other absence will be deemed unexcused. The Board will approve and record the approval of all excused and unexcused absences. 7.2 Reporting. Council will be informed if a Member receives three unexcused absences in any calendar year. Members may be removed with or without cause by City Council. 7.3 Performance of Duties. Members are expected to adequately prepare for meetings. Members unable to complete an assigned task should notify the Board Meeting of February 8, 2010 (Item No. 7) Page 11 Chair as soon as possible. The Board may ask the Council to review a Member's appointment based upon its assessment of significant non-performance of duties. 7.4 Resignation. When a Member resigns, the Liaison shall contact the Administrative Services Department and forward a copy of any correspondence that may have been received. Administrative Services will then initiate recruitment to fill the vacant position. A Member may continue to serve beyond their expiration date until a successor is appointed. Article VIII — Board Activities 8.1 City Council Annual Report. The Board will submit an annual report to the City Council summarizing the activities for the past year. The report may highlight issues of concern and other information the Board feels appropriate to convey to the City Council. 8.1a The Liaison will prepare the report for approval by the Board. Members may submit signed addenda presenting alternative conclusions or perspectives. 8.1b The report shall be submitted by February 1 or as soon thereafter as possible. Article IX — Bylaws and Rules 9.1 Amendments. These Bylaws may be amended at any regular or special meeting by a majority vote of the quorum or Members present after notices, in writing, containing the form of the section as it will appear if amended as proposed, shall have been given at least five (5) days prior to the meeting at which such vote will be taken. Such Bylaws and any amendments shall be deemed to be approved by the City Council unless the City Council takes action to modify such Bylaws or amendments within 30 days after submission. Amendments to these procedures can only be considered at a regular meeting. 9.2 City Council’s Rules and Procedures for Boards and Commissions. These Bylaws are subject to the City Council’s then current Rules and Procedures for Boards and Commissions and the then current Chapter 2, Administration, the St. Louis Park City Code. Meeting Date: February 8, 2010 Agenda Item #: 8 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: Communications (Verbal). RECOMMENDED ACTION: Not Applicable. POLICY CONSIDERATION: Not Applicable. BACKGROUND: At every Study Session, verbal communications will take place between staff and Council for the purpose of information sharing. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not Applicable. Attachments: None Prepared and Approved by: Tom Harmening, City Manager Meeting Date: February 8, 2010 Agenda Item #: 9 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Solid Waste Program Survey. RECOMMENDED ACTION: The purpose of this report is to provide Council with the results of the 2009 Solid Waste Program Survey. POLICY CONSIDERATION: Does the City Council have questions or concerns about the results of the survey that it would like to discuss further with staff? BACKGROUND: History The City conducts a solid waste survey every year, alternating between a program survey and a customer service survey. In September 2009 a program survey was conducted. The purpose of the program survey is to gauge resident satisfaction and understanding of the solid waste program, and to solicit suggestions for program improvement. 2009 Program Survey A program survey report (attached) was prepared to explain the details of the survey. The report includes an introduction, survey methodology, survey results for each of the 3 solid waste program areas (recycling, garbage, and yard waste), general program information, conclusions, and recommendations. 2009 Program Survey Conclusions Overall, a large majority of respondents are satisfied with the solid waste program. Respondents are most satisfied with the garbage program and less satisfied with the recycling and yard waste programs. The most commonly cited recycling improvement suggestion was to add more recycling materials (especially plastics), followed by providing more education and information. There was no specific reason identified for dissatisfaction with the yard waste program. A complete list of the conclusions is included in the attached program survey report. Meeting of February 8, 2010 (Item No. 9) Page 2 2009 Program Survey Recommendations Listed below is a summary of the survey recommendations. A complete list of the recommendations is included in the attached program survey report. • The 2011 Program Survey should focus on questions that educate residents on current procedures to gauge their understanding of the program. • Continue to use the current educational tags, as most respondents felt they communicate the intended message. • Continue to focus education using the Park Perspective and Sun Sailor for the education and program information. Supplement the educational efforts with City’s Website and other electronic methods. • More education is needed on plastics recycling, sorting of recycling, pop/beer box recycling, textile recycling, why overfilled carts are not collected, use of extra refuse stickers, use of compostable bags for yard waste, mulching of grass clippings, and back yard composting. Current Educational Information Education efforts for several of the items identified in the program survey have already begun. Staff has created a utility billing stuffer (see attached) that provides information on why more plastics can not be recycling and information on the 2010 requirement for use of compostable bags for yard waste disposal. These utility billing stuffers are currently being sent to all residential solid waste customers in January to March. Similar information is on the City’s website. FINANCIAL OR BUDGET CONSIDERATION: The cost of the survey was minimal, with costs for printing and postage. The survey evaluation and report were done by Public Works administrative staff. VISION CONSIDERATION: The activities above support or complement the following Strategic Direction adopted by the City Council: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Focus areas: • Educating staff / public on environmental consciousness, stewardship, and best practices. • Working in areas such as…environmental innovations. Attachments: 2009 Solid Waste Program Survey Executive Summary UB Stuffer (Compostable Bag Requirements & Plastic Recycling Information) Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of February 8, 2010 (Item No. 9) Page 3 1 EXECUTIVE SUMMARY A Solid Waste Program Survey was conducted in September 2009 and sent to 933 randomly selected solid waste customers throughout the City. Analysis of the survey data identifies key points about the solid waste program that can be used to strengthen and identify where improvements to the solid waste program are needed. Some of the observations include the following: ƒ Residents are more satisfied with the garbage program than with the recycling and yard waste programs. ƒ Most all residents recycle. ƒ Many residents would like to see more plastics collected for recycling. ƒ Most residents get their solid waste information from the Park Perspective or Sun Sailor. 2 INTRODUCTION A Solid Waste Program Survey was conducted in September 2009. The Solid Waste Program Survey is conducted approximately every 2 years. The purpose of the survey is to gauge resident satisfaction and understanding of the solid waste program. Surveys were mailed to 933 solid waste customers during the first week in September. Surveys were addressed to 'Resident'. Of the surveys sent, 463 were completed and returned, 13 were returned because of vacancies, 2 were returned due to bad addresses, and 455 were not returned. The survey packet included a cover letter, a 4-page survey, and a postage paid return envelope. Participants were asked 17 solid waste program-related questions. The questions were broken down into sections for Recycling, Garbage, Yard Waste, and General Program Information. Participants were asked to fill out the survey and mail it back by September 30. Results of the survey will be used to identify areas of strength and identify where improvements to the solid waste program are needed. Meeting of February 8, 2010 (Item No. 9) Page 4 METHODOLOGY The target audience for this survey was all solid waste customers in the City’s residential collection program. Utility Billing records and GIS mapping was used to determine the total number of solid waste customers. Data shows there were 12,347 customers as of July 2009. 1 Distribution of solid waste customers between Wards is fairly consistent, with the largest percentage living in Ward 1. Solid Waste Customers by Ward Ward 1 Ward 2 Ward 3 Ward 4 Total Duplexes 74 264 116 10 464 Condos 49 5 0 13 67 Single Family 3,450 2,480 3,162 2,724 11,816 Total Units 3,573 2,749 3,278 2,747 12,347 Percent of City 29% 22% 27% 22% 100% Customers were selected using a GIS tool that randomly selected parcels within each Ward. Parcels that did not have residential garbage service were excluded from the selection. Once the parcels were selected, the data was exported to Excel for final processing. The sample size was determined by choosing a 95% confidence level with an error of 5% (e.g. you can be 95% sure that the survey results fall within 5% of the true value if you had surveyed all solid waste customers). Based on the desired confidence and error level, 933 solid waste customers were randomly selected and mailed surveys. A 40% response rate was desired (373 surveys) to ensure the 95% confidence level. 3 RESULTS 463 solid waste customers (participants) returned surveys, resulting in a 50% response rate, which was higher than expected. Detailed results are available upon request. The following table provides the response rate by ward. Response Rate by Ward Ward 1 Ward 2 Ward 3 Ward 4 Total # of Surveys Sent 270 208 248 207 933 # of Undeliverable 1 4 3 4 4 15 # of Surveys not Returned 135 93 126 101 455 # of Surveys Received 131 112 118 102 463 Response Rate 49% 54% 48% 49% 50% 1 Undeliverable includes vacant and incorrect addresses. Several questions allowed for more than one answer so percentages do not always add up to 100%. Also, blank responses or other miscellaneous comments were not included in the percentages discussed below. 1 Utility Billing records showed 12,229 customers and GIS mapping showed 12,347. The difference of 118 customers is due to extended absences and multi-unit dwellings (e.g. a 4-plex has 1 billing customer and GIS shows 4 customers); therefore, the GIS number was used. Meeting of February 8, 2010 (Item No. 9) Page 5 3.1 Recycling Four recycling-related questions were asked to find out if respondents recycle, why they recycle, what they recycle, and if they would be in favor of mandatory recycling. A majority (99%) of respondents said they recycle at home. The top three most cited reasons for recycling are because it reduces waste; is good for the environment; and it is the right thing to do. When given a list of items accepted for collection, the most common response was that paper/cardboard and bottles/cans were set out for collection. Many respondents indicated they donate clothes, linens, and shoes and therefore do not set them out for collection. Most respondents indicated they recycle common materials such as plastic bottles (96%), glass bottles (93%), magazines (91%), cardboard (91%), newspapers (91%), and cans (91%). Fewer respondents indicated they recycle pop and beer boxes (80%), milk cartons and juice boxes (59%). Question 4 asked if the respondent would be in favor of mandatory recycling. The question was used to gauge resident interest in and reaction to mandated recycling. Bloomington, Edina and Brooklyn Park already require mandatory residential recycling. A majority (63%) of respondents indicated they would be in favor. Of the 32% who opposed it, the most cited reason was that government should not dictate what a person can or cannot do on their property. They also questioned how it would be enforced. 3.2 Garbage Four garbage-related questions were asked of respondents. The first question asked where garbage carts are stored. A majority (57%) said they store it outside. The second question asked if they have ever used Extra Refuse Stickers. The responses were split almost in half - 45% indicated they had used the stickers, and 47% had never used the stickers. Only about 6% of respondents indicated they don't know what the stickers are or how to use them. The last two questions related to the City's annual Cleanup Day events and bulk disposal. The first question asked if the events met their needs. The results indicated that 51% said the event met their needs, 13% said the event did not meet their needs, and 34% had never used the event. Of the 13% that said the event did not meet their needs, the most common reason was because of scheduling issues or they forgot about the event. When asked how they disposed of old appliances, bulk items, and electronics, the majority of respondents indicated they either donated the item if it was in good condition or dropped off the item at a Hennepin County Drop-off Facility. 3.3 Yard Waste Four questions relating to yard waste were asked to find out what types of yard waste containers are used, if Yard Waste Stickers are used on containers, how yard waste is managed, and if the new compostable bag law will change the way yard waste is managed. Meeting of February 8, 2010 (Item No. 9) Page 6 The first question asked what type of container was used to set out yard waste. A majority (71%) of respondents indicated they use plastic bags, followed by containers (41%), and compostable bags (21%). When asked if they use Yard Waste Stickers for their containers, about half the respondents who use containers said yes. The third question asked how their yard waste was managed. Most respondents (69%) indicated they leave grass clippings on the lawn. Only 19% indicated they practice backyard composting of yard waste. The fourth question asked respondents how the new compostable bag law will affect the way they manage yard waste. A majority (60%) indicated they would start using compostable bags, followed by 39% who indicated they will start using containers or use more containers. Only 11% indicated they would start composting all their yard waste. 3.4 General Program Information Five overall program questions were asked to find out how respondents get their solid waste information, if they get educational materials in the mail, if educational tags are effective, how satisfied they are with the solid waste program, and if they had any suggestions on how to improve the program. Most respondents indicated they get their solid waste program information from the Park Perspective (81%), followed by the Sun Sailor (39%) and the City's website (22%). When asked if they received the program magnet in the mail, a majority (55%) indicated no or they were unsure. When asked if they received the annual Recycling Guide, a majority (73%) said they did. A majority (59%) of respondents indicated that the hauler-issued educational tags effectively communicate the intended message. Only 4% said the tags do not effectively communicate the message. 4 CONCLUSIONS Overall, a large majority of respondents are satisfied with the solid waste program. Respondents are most satisfied with the garbage program and less satisfied with the recycling and yard waste programs. The most commonly cited recycling suggestion was to add more recycling materials (especially plastics), followed by providing more education and information. There was no specific reason identified for dissatisfaction with the yard waste program. Based on the collected data and analysis, the conclusions drawn from this survey include the following: ƒ Most respondents (99%) indicate they recycle. ƒ The most cited reason for recycling is because it reduces waste. ƒ Of the recyclables set out for collection, most respondents recycle plastic and glass bottles, followed by magazines, cardboard, newspapers, and beverage cans. ƒ The most commonly cited suggestion to improve the recycling program was to add more recycling materials being collected, especially plastics. ƒ Respondents who opposed mandatory recycling were strongly opposed. The most cited reason was that government should not dictate what a person can or cannot do on their property. ƒ Respondents do not generally set out textiles, old appliances, bulk items, and electronics for recycling. Most of them donate these items. ƒ Only half of the respondents indicated they used one of the City's Cleanup Day events. Meeting of February 8, 2010 (Item No. 9) Page 7 ƒ A majority of respondents set out yard waste for collection. Those that do not, either leave grass clippings on the lawn (and set out the leaves) or practice backyard composting. ƒ Most respondents indicated they will start using compostable bags in 2010. ƒ Most respondents get their solid waste information from the Park Perspective or Sun Sailor. 5 RECOMMENDATIONS 1. The 2011 Program Survey should focus on questions that educate residents on current procedures to gauge their understanding of the program. Also, there should be fewer open-ended questions. This will reduce the amount of time needed for data entry and analysis. A total of 798 comments were received on the 2009 survey. Most of these comments were made in the "Other" or "If No, Why" areas of the survey. A recommendation would be to replace these choices with wording to indicate their choice is not listed or is not applicable. The 2011 Program Survey could include more photos of items so respondents are better able to answer the question. 2. Keep using the current educational tags. Most respondents felt they communicate the intended message. 3. Continue to focus education using the Park Perspective and Sun Sailor for a bulk of the education and program information and supplement the educational efforts with City’s Website and other electronic methods (i.e. electronic Park Perspective, Twitter, Facebook, etc.) 4. Continue educating residents on why only certain plastics can be recycled at this time. 5. Continue educating residents that pop/beer boxes and milk/juice cartons can be recycled. 6. Educate residents on Eureka's textile recycling program. Inform them that materials, in good condition, are re-used and not shredded to make other products. 7. Continue to educate residents on why overfilled carts are not allowed and on the use of Extra Refuse stickers. 8. Provide more education and information to residents about the yard waste program, including the use of Yard Waste Only stickers, required use of compostable bags (replacing plastic bags), encourage more mulching of grass clippings into the lawn, and backyard composting. Beginning January 1, 2010, a new State law requires residents who bag their yard waste in the Twin Cities area — except those living in Minneapolis — to use compostable bags for yard waste. This law will not impact your service if you put your yard waste in a container without a bag. Why do we need a new law? The law helps keep plastic out of composting facilities, which creates an organic waste stream free of black plastic. This in turn creates higher quality compost, which increases demand and results in higher finished compost prices. What is a compostable bag? Compostable bags include paper Kraft bags or compostable plastic bags. Compostable plastic bags are usually clear or a tinted shade of green, white, or pink; however the color is not the sure way of determining the compostability of a plastic bag. Compostable plastic bags must state that they meet ASTM D6400 standards for composting and that they are “compostable”. Bags marked “biodegradable” or “degradable” do not meet the State law. What if I do not use a compostable bag? Your yard waste will not be collected. YES NO Compostable Plastic Bag Plastic Bags Kraft paper Bag Plastic Container Where can I buy compostable bags? Most home improvement, grocery and hardware stores carry bags. If you don’t see them at your local store, ask an employee. Many stores are just learning of this requirement and may appreciate the request. Visit www.stlouispark.org/yard_waste.htm or call Public Works at (952) 924-2555. Beginning January 1, 2010, a new State law requires residents who bag their yard waste in the Twin Cities area — except those living in Minneapolis — to use compostable bags for yard waste. This law will not impact your service if you put your yard waste in a container without a bag. Why do we need a new law? The law helps keep plastic out of composting facilities, which creates an organic waste stream free of black plastic. This in turn creates higher quality compost, which increases demand and results in higher finished compost prices. What is a compostable bag? Compostable bags include paper Kraft bags or compostable plastic bags. Compostable plastic bags are usually clear or a tinted shade of green, white, or pink; however the color is not the sure way of determining the compostability of a plastic bag. Compostable plastic bags must state that they meet ASTM D6400 standards for composting and that they are “compostable”. Bags marked “biodegradable” or “degradable” do not meet the State law. What if I do not use a compostable bag? Your yard waste will not be collected. YES NO Compostable Plastic Bag Plastic Bags Kraft paper Bag Plastic Container Where can I buy compostable bags? Most home improvement, grocery and hardware stores carry bags. If you don’t see them at your local store, ask an employee. Many stores are just learning of this requirement and may appreciate the request. Visit www.stlouispark.org/yard_waste.htm or call Public Works at (952) 924-2555. Beginning January 1, 2010, a new State law requires residents who bag their yard waste in the Twin Cities area — except those living in Minneapolis — to use compostable bags for yard waste. This law will not impact your service if you put your yard waste in a container without a bag. Why do we need a new law? The law helps keep plastic out of composting facilities, which creates an organic waste stream free of black plastic. This in turn creates higher quality compost, which increases demand and results in higher finished compost prices. What is a compostable bag? Compostable bags include paper Kraft bags or compostable plastic bags. Compostable plastic bags are usually clear or a tinted shade of green, white, or pink; however the color is not the sure way of determining the compostability of a plastic bag. Compostable plastic bags must state that they meet ASTM D6400 standards for composting and that they are “compostable”. Bags marked “biodegradable” or “degradable” do not meet the State law. What if I do not use a compostable bag? Your yard waste will not be collected. YES NO Compostable Plastic Bag Plastic Bags Kraft paper Bag Plastic Container Where can I buy compostable bags? Most home improvement, grocery and hardware stores carry bags. If you don’t see them at your local store, ask an employee. Many stores are just learning of this requirement and may appreciate the request. Visit www.stlouispark.org/yard_waste.htm or call Public Works at (952) 924-2555. Compostable Yard Waste Bags Required Starting January 1, 2010 Compostable Yard Waste Bags Required Starting January 1, 2010 Compostable Yard Waste Bags Required Starting January 1, 2010 Meeting of February 8, 2010 (Item No. 9)Page 8 If you are confused about plastic recycling, you are not alone and we want to help! Almost all plastic products are imprinted with a resin code — a small number enclosed by the “chasing arrows” symbol. Most disposable plastics are imprinted with #1 or #2 on the bottom. This code is misleading because it does not indicate whether or not something is recyclable - it indicates the type of chemical compound, or plastic resin, used to manufacture that product. For example, plastic bottles, butter tubs, and food/deli trays, are all made with plastic #1 or #2; however, the process used to create the plastics are different: • Plastic bottles are “blow-molded” • Plastic butter tubs are “injection-molded” • Food/Deli trays are “stamp-molded” The different additives used in each process mean that these types of material cannot be mixed during recycling, even though they started with the same #1 or #2 resin code. Currently, there is not a widespread and stable market for all plastics, except for plastic bottles with a #1 or #2. So until a widespread and stable market exists for all plastics, only plastics that can currently be recycled will be collected (plastic bottles with a #1 or #2 on the bottom). Visit www.stlouispark.org/recycling.htm or call Eureka Recycling’s hotline at (651) 222-7678. If you are confused about plastic recycling, you are not alone and we want to help! Almost all plastic products are imprinted with a resin code — a small number enclosed by the “chasing arrows” symbol. Most disposable plastics are imprinted with #1 or #2 on the bottom. This code is misleading because it does not indicate whether or not something is recyclable - it indicates the type of chemical compound, or plastic resin, used to manufacture that product. For example, plastic bottles, butter tubs, and food/deli trays, are all made with plastic #1 or #2; however, the process used to create the plastics are different: • Plastic bottles are “blow-molded” • Plastic butter tubs are “injection-molded” • Food/Deli trays are “stamp-molded” The different additives used in each process mean that these types of material cannot be mixed during recycling, even though they started with the same #1 or #2 resin code. Currently, there is not a widespread and stable market for all plastics, except for plastic bottles with a #1 or #2. So until a widespread and stable market exists for all plastics, only plastics that can currently be recycled will be collected (plastic bottles with a #1 or #2 on the bottom). Visit www.stlouispark.org/recycling.htm or call Eureka Recycling’s hotline at (651) 222-7678. If you are confused about plastic recycling, you are not alone and we want to help! Almost all plastic products are imprinted with a resin code — a small number enclosed by the “chasing arrows” symbol. Most disposable plastics are imprinted with #1 or #2 on the bottom. This code is misleading because it does not indicate whether or not something is recyclable - it indicates the type of chemical compound, or plastic resin, used to manufacture that product. For example, plastic bottles, butter tubs, and food/deli trays, are all made with plastic #1 or #2; however, the process used to create the plastics are different: • Plastic bottles are “blow-molded” • Plastic butter tubs are “injection-molded” • Food/Deli trays are “stamp-molded” The different additives used in each process mean that these types of material cannot be mixed during recycling, even though they started with the same #1 or #2 resin code. Currently, there is not a widespread and stable market for all plastics, except for plastic bottles with a #1 or #2. So until a widespread and stable market exists for all plastics, only plastics that can currently be recycled will be collected (plastic bottles with a #1 or #2 on the bottom). Visit www.stlouispark.org/recycling.htm or call Eureka Recycling’s hotline at (651) 222-7678. Why Can’t I Recycle All My Plastics? Why Can’t I Recycle All My Plastics? Why Can’t I Recycle All My Plastics? Resin Codes do not equal Recyclability Resin Codes do not equal Recyclability Resin Codes do not equal Recyclability Meeting of February 8, 2010 (Item No. 9)Page 9 Meeting Date: February 8, 2010 Agenda Item #: 10 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Municipal Service Center (MSC) Renovation Project Update. RECOMMENDED ACTION: None required. This report is to update the Council on progress on the MSC project and provide new Council members additional background information on how the project was conceived and developed. BACKGROUND AND HISTORY: 2006 thru 2008 - Apparatus floors in both fire stations were discovered to be in danger of failing due to their age and the weight of the current fire trucks exceeding the original design capacity. The City hired an engineering firm to design structural reinforcements and a contractor to install them. This was considered a temporary measure until the stations could be fully evaluated. The floors were subsequently re-evaluated in late 2009 by the original engineering firm which determined the temporary reinforcement continued to be effective. In addition to affecting Fire Operations, the Public Works Utility Division operates out of the lower level of Fire Station #1 and needed to be included in the long term building solution. Following a Fire Operations Needs Assessment and Feasibility Study on building options, Council concluded the need to construct two new fire stations. Repair, remodeling, and expansion of the existing stations did not make economic sense. After a search for fire station sites, Council determined the stations should be rebuilt on the existing sites and to relocate the Public Works Utilities Division staff and equipment to the MSC. Designing and constructing the MSC improvements would be the first project undertaken to accommodate Utilities staff and services in addition to serving as a temporary fire station if needed during re-construction of the fire stations. Mid 2008 - Oertel Architects performed an assessment of the MSC to determine if it would be feasible to renovate the existing building and site for accommodating Utility Operations. Additionally, the MSC, constructed in 1971, had become overcrowded and was in need of a plan to update the building and site to comply with current codes and standards. Deficiencies included a lack of appropriate facilities for the mixed gender workforce, limited ADA accessibility, minimal storm water control, and other items. Several months later a determination was made that improving the MSC site was feasible and would become the first step before beginning with the fire stations. Oertel Architects were hired to design the addition/remodel project. The project was planned to include all of the MSC and adjacent Creekside Park properties, as the uses extended over Meeting of February 8, 2010 (Item No. 10) Page 2 the joint property line, along with the installation of a comprehensive storm water system. An environmental services consultant began taking soil borings and a land survey of the site was completed in preparation for the design work. Early 2009 – Council approved the completed plans and specifications and authorized the MSC project for bidding. The construction bids significantly exceeded the architect’s estimates. After consideration, Council concluded that the bids represented actual costs within the market place and that the project should proceed. Mid 2009 – Construction contract was awarded to Jorgenson Construction for a base cost of $8,164,000 and work began. Excavation for relocation of the salt storage building indicated serious soil issues (un-compacted fill, contaminates and debris). These initial soils were transported for landfill disposal as part of a change order with the contractor. A new environmental consultant was hired to oversee and assist with soil correction. After the contract was awarded and work began, City staff, architect and contractor explored options to further “Value Engineer” the project. The result was $335,427 in construction cost reductions with limited effect on usability of the building. Design fees were also re-negotiated for a $100,000 savings. Late 2009 – Site work continued, including underground storm sewer piping, relocating the salt storage building, footing excavations for the additions, installation of the new fuel tanks, and storm pond excavation. Continued poor and contaminated soils were discovered during the excavations. The City received a Hennepin County Emergency Environmental Response Fund Grant in the amount of $18,292 to help dispose of some contaminated soils. Remaining soils were stockpiled on the site to pursue alternatives and a more economical method for removal. At the onset of the project three renovation priorities were indentified to insure City operations could continue during the winter months and were completed just in time: • Salt storage building relocation completed • New fuel tanks and dispensing island completed • First lift of asphalt installed on as much of the driveways/parking lot as possible. CURRENT PROJECT STATUS: Site Work – Storm water piping is completed up to the new retention/treatment pond. The rubber membrane pond liner is being installed and, once complete, will allow the storm piping system to be finished into the pond, a critical step before heavy rains occur. Excavation of the pond generated most of the soil stockpiled on Creekside Park and resulted in not having the pond completed earlier. Completing final grading, irrigation, and landscaping for the project are dependant on first removing the stockpiled soils. The problem soils have had an impact on the project schedule and cost. Numerous borings during project scoping and design did not indicate the extent of the problem soils. The approximately 17,000 cubic yards of soil remaining stockpiled on the site will need to be transported for landfill disposal or utilized in a controlled manner at another site. To assist with the unexpected cost of disposing these soils, the City received a Hennepin County Environmental Response Fund Grant of up to $534,000. Stockpiled soils will need to be removed by June to allow completion of the MSC site work this summer. Meeting of February 8, 2010 (Item No. 10) Page 3 Bay Additions – The new precast concrete walls with brick veneer and roof systems are completed for each of the three bay additions - north side mechanic bay, west side equipment storage, and south side vehicle wash bay. Underground plumbing is nearing completion and the concrete floors are being poured. Interior mechanical, plumbing, and electrical components will be installed quickly once the floors are finished. The new building appearance can be observed on the north side from Oxford, where the clearstory windows with black aluminum trim are in place above the brick panels. Office Addition – A new two story office addition on the east side has all structural framework and roofing completed. The walls are being framed for installation of windows and exterior brick veneer. Work is occurring for the in-floor heating system is preparation for pouring the concrete floor during the next week. Interior walls and finishing will then begin. Existing Space Remodeling – Installation of the new exterior insulated architectural metal siding system has started on the east side of the building. While interior remodeling work in the existing space has been occurring over the past months, the most significant work will be starting in the next few weeks and continuing until staff can relocate into some of the new spaces. Temporary accommodations for lunch and locker rooms will be occurring soon. The MSC staff have been very patient and accommodated the frequent interruptions that occur during remodeling. Occupancy – Completion of the 32,000 sq. ft. equipment storage addition is anticipated in about four to six weeks. This will allow MSC staff to expand from the very crowded conditions they are now experiencing. The Mechanics and vehicle wash bays will be completed next. A big step is scheduled to occur in May when the office area is finished, allowing MSC and Utility Division staff to settle into their final locations. FINANCIAL OR BUDGET CONSIDERATION: The project budget established at the time of contract award was $9.5 million. This dollar amount included construction costs plus design, furnishings and other construction related expenses. The attached project budget summary includes the expended and expected costs for correcting the unexpected site soil issues and funding from the Hennepin County Environmental Response Grant. A project contingency of $400,000 was included in the project budget to account for the unexpected changes that are inevitable on a project of this type and scope. While the design architects and engineers addressed many of the details as part of preparing the plans and specifications, issues discovered during construction necessitate minor re-design as the project proceeds, each creating a change order to the contractor. While some of the designs changes made to resolve issues require additional funds, many have no cost implication, and some have resulted in cost savings. Meeting of February 8, 2010 (Item No. 10) Page 4 The most significant change order expense for the project has been related to the soils. As the excavation work is now complete, only relatively minor changes are expected as the building remodel continues to completion. When accounting for the soil removal expenses and the offsetting revenue from the County, the overall actual project cost to the City is expected to remain within the established budget. Attachments: Project Budget Summary Prepared by: John Altepeter, Facilities Superintendent Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Municipal Service Center Project No. 2008-1900 Project Budget Summary Project Funding Sources 2008 A Utility Revenue Bonds $4,000,000 Solid Waste Fund Cash $1,000,000 Permanent Revolving Fund Cash $4,500,000 Subtotal $9,500,000 Hennepin County Grant Nov 2009 $18,292 Hennepin County Grant Jan 2010 $534,000 Subtotal $552,292 Total Funding Sources $10,052,292 Construction Bid Summary Original Changes Revised Amount Jorgenson Construction Contract Amount $8,164,000 Value Engineering -$335,427 Change Order #1 *$228,554 Change Order #2 *$98,591 Change Order #3 $28,319 Revised Contract Amount $8,184,037 * Included soil corrections Project Expenditure Summary:Original Changes Revised Amount Oertel Architects Contract Amount $494,000 Fee Reduction -$100,000 Incidentals $14,000 Revised Contract Amount $408,000 Other Estimated Project Costs Miscellaneous $75,000 Telecommunications $25,000 Security System $10,000 Office Furniture $100,000 Conference Room Furniture $20,000 Offsite Space Rental $50,000 Lighting Retrofit $50,000 Soils Removal/Disposal $550,000 Environmental Consultant $110,000 Contingency $400,000 Total Other Project Costs $1,390,000 Total Budget $10,048,000 Note: Remaining soil mitigation costs should be covered by Hennepin County Emergency Response Fund Grant of up to $534,000 Meeting of February 8, 2010 (Item No. 10)Page 5 Meeting Date: February 8, 2009 Agenda Item #: 11 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: Proposed Acquisition of Tax Forfeited Parking Stall within Phase NE of Excelsior & Grand. RECOMMENDED ACTION: Staff requests feedback from the Economic Development Authority (“EDA”) as to whether it wishes to be of assistance in acquiring a tax forfeited parking stall on behalf of the Excelsior & Grand Phase NE Homeowners Association. Please contact staff with any thoughts you may have (Phase NE of Excelsior and Grand is located at the northeast corner of Grand Way and Park Commons Drive - north of McCoy’s). POLICY CONSIDERATION: Does the EDA wish to consider acquiring a tax forfeited parking stall within Phase NE of the Excelsior & Grand project and pass it through to the Phase NE Homeowners Association? BACKGROUND: TOLD Development Company has requested the EDA’s assistance in remedying a situation that has arisen related to a tax forfeited parking stall within Phase NE (3707 Grand Way) of its Excelsior & Grand project. The situation arose when a condominium buyer purchased a parking stall within Phase NE which later was discovered to be unusable. TOLD deeded the buyer another parking stall. Unfortunately the unusable stall (G177) remained in the buyer’s name and no one made tax payments on it. As a result, stall G177 became tax delinquent. Stall G177 is unusable for parking because it provides access to the trash collection area within Phase NE. The stall is part of the building’s common area and should be owned by the building’s Homeowners Association. TOLD wishes to rectify the situation, however it no longer has any legal interest in the Phase NE building. Thus, TOLD cannot pay Hennepin County the outstanding property taxes and related fees and take title to the delinquent parcel. The EDA does have an ongoing interest in the property and may pay the back taxes and fees and then pursue a pass through sale in order to deed the stall to the Homeowners Association. The desired outcome is that the EDA would deed the stall to the Association and the Association would seek to have the space designated tax exempt. This arrangement has the approval of the City Assessor and Hennepin County and would solve what has become a nuisance issue for both. Meeting of February 8, 2010 (Item No. 11) Page 2 Hennepin County has determined that the total cost of the parcel plus fees is approximately $182.00. TOLD has agreed in writing that it would reimburse the EDA for these expenses and any other out of pocket expenses the EDA incurs related to this matter. Acquiring the subject parking stall and deeding it the Homeowners Association would require both a public hearing and formal approval by the EDA. Unless staff hears otherwise, staff will schedule this action for the March 1st EDA meeting. FINANCIAL OR BUDGET CONSIDERATION: The cost of acquiring the subject tax delinquent parcel and related fees will be approximately $182.00. TOLD Development Company has agreed that it would reimburse the EDA for these expenses and any other out of pocket expenses the EDA incurs related to this matter. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Meeting Date: February 8, 2009 Agenda Item #: 12 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: Update on Redevelopment Contract with Oak Hill 7100 LLC (Anderson Builders). RECOMMENDED ACTION: No formal action at this time. This report is intended to apprise the EDA on the status of Anderson Builders’ proposed Oak Hill II Office Building project. POLICY CONSIDERATION: In the near future the EDA will likely be faced with the question as to whether it wishes to terminate the Redevelopment Contract with Oak Hill 7100 LLC (Anderson Builders) BACKGROUND: Anderson Builders (“Redeveloper”) planned to redevelop a small (3/4-acre) property at 3340 Republic Avenue and construct a new 2-story, 15,000 sq/ft office building on the site. The subject property is located at the northwest corner of Walker Street and Republic Avenue; immediately east of Anderson Builders’ recently completed Oak Hill Office Building and near the intersection of Louisiana Ave and Walker St. On October 15, 2007, the EDA approved a Contract for Private Redevelopment with Oak Hill 7100 (Anderson Builders) for the redevelopment of 3340 Republic Ave. Since that date, the Redeveloper purchased the subject property and removed the former two-story 6,400 SF office building that occupied the property. Anderson Builders planned to complete construction on the Oak Hill II Office Building by the end of 2008. To facilitate the project, the EDA agreed to reimburse Anderson Builders for certain Public Redevelopment Costs incurred in connection with the subject site in the maximum principal amount of $400,000. According the Redevelopment Contract, Anderson Builders was to have completed construction on the Oak Hill II project by December 31, 2008. Due to the Redeveloper’s inability to obtain project financing, the Redeveloper requested that the project’s completion date be extended. Thus, on April 6, 2009, the EDA approved an Amendment to the Redevelopment Contract which extended the required completion date until December 31, 2009. Meeting of February 8, 2010 (Item No. 12) Page 2 On January 15th staff met with Mr. Greg Anderson, president of Anderson Builders, regarding the current status of the project and was informed that he has been unable to break ground on the new building due to lack of tenant and financing commitments. He indicated this situation was not likely to change in the foreseeable future. Under Section 9.1 of the Contract, failure to commence or substantially complete construction of the project constitutes an Event of Default. As required under the Contract, a Notice letter was recently sent to Mr. Anderson informing him of the default and next steps. As a remedy for an Event of Default, the EDA is entitled to terminate its obligations under the Contract. Given that the EDA extended the Contract once already and there is little likelihood of Anderson fulfilling the terms of the Contract in the near term, it may be appropriate for the EDA to terminate the Contract. Staff has concerns that if the Contract is not terminated the grant funds committed to the project would otherwise be encumbered for an indefinite period of time when they could be utilized elsewhere. While technically the Redeveloper has the ability to attempt to cure the default under Section 9.2 within 30 days after the Notice, Mr. Anderson has acknowledged he has no practicable ability to remedy the default within the next 30 days. A Termination of Contract Agreement and Release would require formal approval of the EDA. Such an agreement is expected to be brought to the EDA for its consideration in the near future. FINANCIAL OR BUDGET CONSIDERATION: Terminating the Redevelopment Contract with Oak Hill II would unencumber $400,000 within the Development Fund. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Meeting Date: February 8, 2010 Agenda Item #: 13 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: U.S. Census Update. RECOMMENDED ACTION: No action requested at this time. This report is being provided as an update to the City Council on the upcoming census. POLICY CONSIDERATION: No policy consideration at this time. BACKGROUND: April 1, 2010 is U.S. Census day! As required by the Constitution, the U.S. Census Bureau works to count every resident in the United States every 10 years. The data collected plays a part in many areas including the distribution of federal funds, and it determines the number of seats each state has in the U.S. House of Representatives. Participation in the census is required by law, and the Census Bureau works hard to gain full participation. The forms have been simplified, and many assurances are given that the data is private and protected under federal law. Much information can be found on the U.S. Census website at: http://2010.census.gov/2010census. City Staff has been working with the U.S. Census Bureau on implementing the 2010 Census in St. Louis Park, and over the past year has: • Worked hard to reconcile many hundreds of addresses in order to have them correct for the Census Day. • Worked with the Census Bureau to identify places to locate Questionnaire Assistance Centers (QACs). These are centers that are “located in public places such as grocery/retail stores, recreation halls, libraries, and places in the community that are convenient and ideal for residents to visit. The main purpose of the QAC is to assist people in the completion of the census questionnaires and to offer the language assistance needed.” • The following locations will likely be QACs based on the areas of the city that have had lower response rates to the mailed census: • Meadowbrook Collaborative • Almsted’s Super Valu • Rec Center • AAA • Library Meeting of February 8, 2010 (Item No. 13) Page 2 • STEP The QAC’s will be staffed March 19th – April 19th. • We have made plans to post U.S. Census information on the City’s web site in mid- February/March. Information will also appear in the March Park Perspective, in our electronic publications, on cable TV, and on our social media sites. There will also be a “Be Counted” site at City Hall which will have information available and replenished on a weekly basis; it will not be staffed. How It Happens The 2010 Census aims to count all U.S. residents—citizens and non-citizens alike. To do so, the Census Bureau: • Delivers a short 10-question form to every household in America • Requires that the form be filled out to account for everyone living at the address as of April 1, 2010 • Includes a prepaid envelope with the form so residents can mail it back as soon as possible. A census taker follows up in person with every address that doesn't mail back the form in order to obtain the responses. Following is the general schedule for the Census: 2010 US Census Schedule March 2010 Census forms are mailed or delivered to households April 1, 2010 National Census Day—use this day as a point of reference for sending your completed forms back in the mail April - July 2010 Census takers visit households that did not return a form by mail December 2010 By law, the Census Bureau delivers population information to the President for apportionment March 2011 By law, the Census Bureau completes delivery of redistricting data to states What are the Census Questions ? There are 10 questions on the form, summarized as follows: 1. How many people live at your household? 2. Are there additional people staying there on April 1, 2010? 3. Is this home owned with a mortgage, owned free and clear, rented, or occupied without rent payment? 4. Telephone number. 5. Name of each person living there. 6. Each person’s gender. 7. Each person’s age and date of birth. 8. Hispanic, Latino or Spanish origin. 9. Race. 10. Does any person in household sometimes live somewhere else? Meeting of February 8, 2010 (Item No. 13) Page 3 FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. Attachments: U.S. Census Bureau information (summarized) BC-QAC Fact Sheet Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager Meeting of February 8, 2010 (Item No. 13) Page 4 Summary of Information from the U.S. Census Bureau web site: http://2010.census.gov/2010census What is the Census? • The U.S. Census counts every resident in the United States, and is required by the Constitution to take place every 10 years. • The 2010 Census will help communities receive more than $400 billion in federal funds each year for things like: ƒ Hospitals ƒ Job training centers ƒ Schools ƒ Senior centers ƒ Bridges, tunnels and other-public works projects ƒ Emergency services • The data collected by the census also help determine the number of seats your state has in the U.S. House of Representatives. • In March of 2010, census forms will be delivered to every residence in the United States and Puerto Rico. • Any personal data provided is protected under federal law. Meeting of February 8, 2010 (Item No. 13) Page 5 What is a Census Taker? Open the door to a census taker and open doors for your community. By being counted you are standing up for what your community's needs are. That's why census takers are so important. A census taker is a person from your community who is hired by the Census Bureau to make sure that your neighborhood gets represented as accurately as possible. The census taker's primary responsibility is to collect census information from residences that have not sent back their 2010 Census form. • The Census Bureau provides the census taker with a binder containing all of the addresses that didn't send back a filled out census form • The census taker then visits all of those addresses and records the answers to the questions on the form • If no one answers at a particular residence, a census taker will visit that home up to three times, each time leaving a door hanger featuring a phone number; residents can call the number on the hanger to schedule the visit The census taker will ONLY ask the questions that appear on the census form. Do I have to talk to the census taker? Yes. Your participation in the 2010 Census is vital and required by law, (Section 221, of Title 13 of the U.S. Code). However, rather than rely on criminal charges, the Census Bureau is very successful in getting participation by explaining the importance of the questions we ask and how the information benefits our communities. Your privacy and confidentiality is our priority: The census taker who collects your information is sworn for life to protect your data under Federal Law Title 13. Those who violate the oath face criminal penalties: Under federal law, the penalty for unlawful disclosure is a fine of up to $250,000 or imprisonment for up to 5 years, or both. Meeting of February 8, 2010 (Item No. 13) Page 6 How We Count America The census numbers tell us who we are and what we need. "For many sociologists and other scholars like me, the census data that is compiled every 10 years is flat-out the most reliable, comprehensive, and best source of data on the American population." -- C.N. Le, Professor at University of Massachusetts, Amherst Before we begin a new chapter in American history, we need to understand who we are right now. The 2010 Census aims to count all U.S. residents—citizens and non-citizens alike. To do so, the Census Bureau: • Delivers a short 10-question form to every household in America • Requires that you fill in the form to account for everyone living at your address as of April 1, 2010 • Includes a prepaid envelope with the form so you can mail it back as soon as possible A census taker must follow-up in person with every address that doesn't mail back the form in order to obtain the responses. About the Census Form 10 questions. 10 minutes. Discover how we collect the data that matters. Every question we ask is for a specific reason, to ensure response accuracy or to determine seats in Congress. NOTE: YOU CANNOT FILL OUT THE FORM ONLINE. The 2010 form: Shorter, easier to fill out Now less is more. Because of changes to the process and the introduction of the American Community Survey, the 2010 Census form is shorter, making it even easier to fill in and send back. Meeting of February 8, 2010 (Item No. 13) Page 7 The 2010 Census form is just 10 questions, such as: • Name • Sex • Age • Date of birth • Hispanic origin • Race • Household relationship • If you own or rent The census DOES NOT ask about the legal status of respondents or their Social Security numbers. The mailing package from the Census Bureau consists of: • The 10-question form • A postage-paid envelope, In areas served by the United States Postal Service, postal workers will deliver the initial mailing in mid-March 2010. In all other areas, census takers will deliver the form packages between March 1 and April 30, 2010. Once you get your form in the mail, fill it in and mail it back in the postage-paid envelope provided. The Census Bureau does not send out any confirmations that your form was received. Any request for census information from the Census Bureau will be clearly identified as coming from the U.S. Census Bureau and as OFFICIAL BUSINESS of the United States. It is a federal offense for anyone to pretend they represent the Census Bureau. Before your household receives a mailed form, a phone call or a visit from the Census Bureau, you will be given a few days notice with a letter from the Census Bureau Director.    1 Be Counted/Questionnaire Assistance Centers Program    The Be Counted program makes census forms available in many different public locations in areas that have been historically undercounted by the census. These locations include community centers, health clinics, convenience stores, churches, businesses and other. It targets persons who did not get a census questionnaire at home or who do not appear on the census questionnaire for their household as well as persons with no addresses on Census day. BC sites are primarily co-located with a Questionnaire Assistance Center and a small number of BC sites are stand-alone sites. The BC questionnaires are available in six languages: • English • Chinese • Korean • Spanish • Russian • Vietnamese Questionnaire Assistance Centers (QAC) are located in public places such as grocery/retail stores, recreation halls, libraries, and places in the community that are convenient and ideal for residents to visit. The main purpose of the QAC is to assist people in the completion of the census questionnaires and to offer the language assistance needed. The QACs will be equipped with the BC (in-language) questionnaires, 1 Language flashcard, 59 Language Assistance Guides (LAG), and also the Braille and Large Print LAGs. All QACs are also BC sites.   ƒ There will be 10,000 stand-alone BC sites and 30,000 joint BC/QAC sites in all 494 LCOs or an average of 80 sites (60 joint BC/QAC and 20 stand-alone BC) per LCO. ƒ The joint BC/QAC sites are staffed with Questionnaire Assistance Center representatives trained to provide support to those needing assistance with the 2010 Census questionnaires. ƒ There will be 1 OOS, 2 clerks, and 1 FOS to manage the BC/QAC program for each LCO. Each joint BC/QAC site will have one or more QAC representative (each BC/QAC site is budgeted for 15 total hours per week, per site, regardless of number of QAC Representatives hired to staff each site). ƒ BC Clerk training is designed for 4 hours. ƒ QAC Representatives’ training is designed for 8 hours. The AMQA, OOS, or FOS will provide training to QAC Reps and swear them in as temporary Census employees. Be Counted (BC) Questionnaire Assistance Center (QAC) BC and QAC Sites and Staff Allocations Training   Meeting of October 6, 2008 (Item No. 13)Page 8    2 Be Counted/Questionnaire Assistance Centers Program  • Regions (Partnership staff and LCO staff) are responsible for identifying, confirming, preparing and setting up the QAC/BC sites. • Recruitment and training of the BC clerks and QAC representatives. • Running the operation of the BC/QAC sites and communicating with RCC regarding progress, updates, and feedback.   February 2, 2009 to December 31, 2009 Partnership identifies potential BC/QAC sites and enters into the Integrated Partner Contact Database (IPCD) December 31, 2009 to January 31, 2010 Confirmation of BC/QAC sites First confirmation: Partnership Second Confirmation: LCO January 31, 2010 to February 12, 2010 Partnership obtains D-1281: Space Acquisition Agreement from confirmed BC/QAC sites and enters final BC/QAC sites information into the IPCD February 2, 2010 to March 5, 2010 LCO selects clerks for BC sites and QAC Representatives for QAC sites February 23, 2010 to February 25, 2010 (Update Leave areas - U/L) LCO trains QAC Representatives on providing questionnaire assistance and other duties, such as language guides and filling out Form D-339, Record of Contact – Questionnaire Assistance Center March 1, 2010 LCO trains clerks on distribution of BC boxes and questionnaires March 16, 2010 to March 18, 2010 (Mail Out Mail Back areas - MO/MB) LCO trains QAC Representatives on providing questionnaire assistance and other duties, such as language guides and filling out Form D-339, Record of Contact – Questionnaire Assistance Center March 19, 2010 to April 19, 2010 BC/QAC sites open Exception: QACs in Update/Leave areas open on February 26, 2010 April 1, 2010 Census Day 2010 Key Operational Activities for BC/QAC Program Responsibilities of the Local Census Office and Partnership Staff Meeting of October 6, 2008 (Item No. 13)Page 9 Meeting Date: February 8, 2010 Agenda Item #: 14 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: Fire Stations Project Update. RECOMMENDED ACTION: No action is needed at this time. This report is intended to serve as an update on the status of planning for the replacement of the City’s two fire stations. A recommendation for the approval of a contract for construction management services will be on a future City Council agenda. POLICY CONSIDERATION: Does the City Council have any questions or concerns regarding the steps staff is taking as noted in this staff report? BACKGROUND: Staff provided a written update to City Council on January 11, 2010 regarding progress on selecting a firm for construction management (CM) services for the fire stations. With this approach, the CM acts as the city’s representative throughout the planning, design and construction of the stations. Since the last update to City Council, staff formed a Selection Subcommittee to review the 10 proposals received on January 5, 2010. The Selection Subcommittee included: Fire Chief Luke Stemmer, Assistant Fire Chief Mark Windschitl, Parks and Recreation Director Cindy Walsh, Inspections Director Brian Hoffman, Building Codes Inspector Jim Dube, Community Development Director Kevin Locke, and Senior Planner and Fire Station Project Coordinator Sean Walther. The Selection Subcommittee interviewed five of the ten firms on January 22. The firms interviewed included Kraus Anderson, RA Morton, RJM Construction, Adolfson and Peterson, and Amcon. Following the interviews, the Selection Subcommittee unanimously agreed upon a leading candidate. The Selection Subcommittee held a second interview with the leading candidate on February 1, 2010. Staff is recommending that Kraus Anderson be hired as the CM for the fire stations project. The recommendation is based on the firm’s general expertise, qualifications, experience and strength; the experience of individuals on the firm’s project team; the firm’s understanding of the project and sites; the firm’s approach to project management; the firm’s experience with sustainable design practices; and the firms’ proposed fee structure and total amount. The Selection Subcommittee shared its recommendations with the Director’s Oversight Group and Working Group on Tuesday, Meeting of February 8, 2010 (Item No. 14) Page 2 February 2, 2010. Staff has begun contract negotiations for CM services on the Fire Stations project with Kraus Anderson. Kraus Anderson’s proposed fee for services is $658,335. The fee is approximately 5.5% of the estimated construction cost. The fee proposals ranged from $548,500 – $895,230. Kraus Anderson’s proposed fee was below the average and median of the ten firms. Information about Kraus Anderson, its team, and scope of services is attached for your information. The proposed fees were based on the $14 million preliminary project budget and a 40-month project schedule provided by City staff. Nearly all the firms, including Kraus Anderson, stated the proposed fee could be reduced if the project schedule was shorter and they seemed confident the schedule could be shortened. Staff will explore this further with the design team. The full contract with Kraus Anderson will require City Council approval. Staff is working on the details of the proposed contract for City Council action at an upcoming regular meeting. Kraus Anderson will be at that meeting as well, so City Council will have an opportunity to meet the Kraus Anderson team members and ask questions. Next Steps: • Staff will negotiate a contract with Kraus Anderson • Staff (with participation from Kraus Anderson) will prepare and mail a RFP for Architectural and Engineering Services • Staff will prepare and present a report regarding the CM contract for City Council consideration (tentatively on the February 16 agenda) The design process will begin once the architect, engineer and construction manager are under contract. The design process will include community participation. Based on the design work and site preparation that needs to be completed, fire station construction will likely start in spring of 2011. However, this will become clearer as the design progresses. FINANCIAL OR BUDGET CONSIDERATION: The financial and budget impacts will be explained and considered at an upcoming regular meeting. VISION CONSIDERATION: • The City is committed to being a connected and engaged community. • The City is committed to being a leader in environmental stewardship. Attachments: Kraus Anderson’s Firm Information Kraus Anderson’s Scope of Services Prepared by: Sean Walther, Senior Planner Reviewed by: Kevin Locke, Community Development Director Luke Stemmer, Fire Chief Cindy Walsh, Parks and Recreation Director Approved by: Tom Harmening, City Manager Page 1 ® RELEVANT FIRM INFORMATION Years of Providing Construction Management Services Kraus-Anderson has provided general construction services for 112 years and agency construction management services for public sector clients for the last 42 years. Kraus-Anderson Construction Company is a leading provider of general contracting and agency construction management services, serving clients nationwide. We are ranked as one of the top 50 agency construction management/general construction firms in the United States by Engineering News Record. Other Services Kraus-Anderson Provides Kraus-Anderson is a diverse, full service group of companies that also provides real estate, insurance, capital, and mortgage to help meet our clients full service needs. Kraus-Anderson also has a Facilities Group that focuses on providing services to owners that will lead to optimized building performance and maximize the life of the assets. Our team of experienced facilities management professionals work early on with the entire team assisting with value engineering, energy cost analysis, and general facility operation review. Kraus-Anderson Construction Company has been using Building Information Modeling (BIM) since 2004 to assist clients in constructing and managing their facilities. Kraus-Anderson is a leader in the construction market in the execution of projects that are seeking LEED®and other sustainability design criteria. Kraus-Anderson currently has 30 LEED®accredited professionals and can help assist our clients in their LEED® and sustainable construction needs. Percentage of Construction Management Services 92% of Kraus-Anderson’s work is done under the construction management and construction manager-at-risk delivery format. Size of Firm Kraus-Anderson has 451 full time employees. Office From Which Project Will Be Managed Circle Pines 8625 Rendova Street NE Circle Pines, MN 55014 (763) 786-7711 Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 3 As the “built environment” fundamentally impacts peoples’ lives, our goal is to help transform the building process. Regardless of whether the project attempts to achieve a certain level of certification, we use environmentally responsive and economically viable approaches. We seek to mirror owners’ goals and serve as an extension of the architectural concept. Kraus-Anderson stands ready to support and where appropriate, lead the sustainability efforts that are currently engaged by the City of St. Louis Park. TRAINING Kraus-Anderson is putting sustainable planning into practice at its own properties and offices. The company’s internal sustainable/green program committee has implemented initiatives for improved recycling, purchasing, energy management and vehicle/ fuel use at its operational sites. Kraus- Anderson has conducted Xcel Energy assessments at several of its facilities and recently relamped its 35-year old Minneapolis headquartered building with 25-watt fluorescent. The simple change represents a savings of $1,400 annually and will pay for itself in 2.7 years. More proof that you’re never too old to be green. On the following pages you will find a representative list of Kraus-Anderson’s LEED®/sustainable project experience. Page 1 ® SUSTAINABLE EXPERIENCE BACKGROUND EXPERIENCE AND TRAINING Kraus-Anderson is a leader in the construction market in the execution of projects that are seeking LEED®and other sustainability design criteria. We were engaged in construction phase best practices that are driven by our core value of environmental stewardship long before the concept of sustainability took hold in the rest of the industry. Kraus- Anderson has committed to increasing the number of LEED® accredited professionals among its project managers. In just six months, Kraus-Anderson has added over 10 new LEED® accredited professionals, with currently 30 on staff. Kraus-Anderson has a proven track record of achieving the highest standards of performance in terms of environmental responsibility and innovation. Kraus-Anderson has been at the forefront in sustainable construction and green building practices, policies, and standards. Engineering News Record ranked Kraus-Anderson 59th nationally in their top 100 Green Contractors. Kraus-Anderson constructed Phillips EcoEnterprise Center, the winner of the Earth Day 2000 Award for Design & Construction solutions to protect and enhance the environment. Westwood Elementary, the first LEED® certified project in Minnesota, was constructed by Kraus-Anderson. We also constructed the first LEED® certified project in Scottsdale Arizona - the Vanguard Group office building. We have been focused on sustainable construction solutions and practices for over 25 years and continue to work in a collaborative team effort to incorporate sound energy and environmental elements into all of our projects. In addition to LEED®, Kraus-Anderson is also a leader in the construction of projects following Minnesota Sustainable Building Guidelines (MSBG); also known as Building, Benchmarks & Beyond, or B3 Standards. These state guidelines focus on taking a long-term approach to facility sustainability incorporating many of the same elements as LEED®. Kraus-Anderson has worked on several projects that have incorporated these standards. Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 4 Page 2 ® * Projects registered are awaiting certification when completed. - LEED®- U.S. Green Building Council (Leadership in Energy and Environmental Design) - B3 - State of Minnesota Sustainable Building Guidelines (B3 - Building, Benchmark & Beyond) Project Status Gustavus Adolphus College - Academic Building LEED® Reg. - Platinum* Quality Bicycle Products LEED® Certified - Gold Vanguard Office Building - First in Scottsdale, Arizona LEED® Certified - Gold Cub Foods - St. Paul’s Phalen Neighborhood LEED® Certified.- Gold Taconite Windfarm Operations Building LEED® Reg.- Gold * Molin Concrete Corporate Office LEED® Certified - Gold Trillium Woods Senior Housing Campus LEED® Reg. - Silver * U.S. Land Border Port of Entry LEED® Reg. - Silver * Coloplast LEED® Reg. - Silver * Twin Lakes Elementary School - Second in the School District LEED® Reg. - Silver * Loram Maintenance of Way, Inc.LEED® Reg. - Silver * Lincoln-Piedmont Elementary School LEED® Reg. - Silver * Lester Park Elementary School LEED® Reg. - Silver * KKE Architects - Arizona Office LEED® TI Reg. - Silver * Boston Scientific - Phase IIIA LEED® Certified Westwood Elementary School - First certified school project in the MN LEED® Certified Boston Scientific - Phase IIIB LEED® Certified University of Minnesota - Children’s Hospital, Fairview LEED® Registered * North Country Hospital - Senior Housing Expansion LEED® Registered * Fond du Lac Resource Management Building LEED® Registered * Baldinger Baking Company LEED® Registered * New Duluth Airport LEED® Registered * Federal FBI Building LEED® Registered * US Bank - Kansas City LEED® Registered * Fairview - Jonathan Clinic Office LEED® TI Registered* Bonestroo Office LEED® EB Registered * Phillips Eco-Enterprise Center - Earth Day 2000 Award for design & construction solutions to protect and enhance the environment. LEED® Pilot Project in 2000 Excelsior & Grand (Neighborhood Development - ND)LEED® Pilot Project in 2008 University of Minnesota - Medical Biosciences Building B3 Standards University of Minnesota - Duluth - Malosky Stadium B3 Standards Washington County Service Center of Cottage Grove B3 Standards Thief River Falls Joint Operations Facility - First state building to incorporate B3 Standards B3 Standards Nett Lake School B3 Standards Washington County Service Center & Library of Forest Lake B3 Standards Bemidji State University - Sattgast Hall of Science B3 Standards Milaca Community Library B3 Standards Bemidji Event Center B3 Standards Kraus-Anderson®-- Pioneer in Sustainability Meeting of February 8, 2010 (Item No. 14)Page 5 • Conduct Pre-Award Conferences • Recommend Contract Awards to Owner • Collect Trade Contractors Bond/Insurance • Schedule of Values Review for Cash Flow Projections • Conduct Pre-Construction Meetings • Monitoring and Coordinating Submittal Schedule • Processing Samples and Shop Drawings Construction Phase • Jobsite Mobilization • On-Site Management Personnel • Jobsite Office • Security • Progress Meetings and Reports • Record Project Progress with Reports • Weekly Progress Meetings and Reports • Maintain On-Site: - shop drawings - contract documents • Fixtures, Furniture and Equipment Installation • Project Controls • Cost Monitoring • Construction Schedule • Quality Control • Jobsite Safety Coordination • Substantial Completion • Start-Up • Final Completion Post Construction Phase • Commissioning Assistance • Owner Move-In and Occupancy Coordination • Project Close-Out • Warranty Enforcement • 11-Month Walk-Through • On-Going Client Satisfaction The process by which we will deliver these services is outlined in the following pages. Page 1 ® SCOPE OF SERVICES SCOPE OF SERVICES The following is an outline of the services and benefits afforded to you through the construction management process: Pre-Construction Services • Design Development Phase Plan Review • Construction Document Phase Plan Review •Interiors, Fixtures, Furniture and Equipment Coordination • Budgeting Process • Assist Owner in Establishing Total Project Budget • Early Cost Confirmation • Prepare Preliminary Cost Estimates Derived from: - quantity surveys and current unit prices - historical cost data from similar projects - trade contractor input • Value Engineering Constructability Review • Site Usage and Improvements • Materials Selection • Building Systems and Equipment • Construction Feasibility • Labor Availability • Installation and Construction Time Frames • Scheduling • Master Schedule • Project Delivery Schedule from Planning and Design Phase through Post-Construction • Periodic Scheduling Updates Bid/Award Phase • Recommend Bid Packages • Investigate and Identify Long-Lead Bid Items for Material and Equipment • Conduct Pre-Bid Meetings with all Bidders • Familiarize Bidders with any Special Requirements • Solicit Local Contractor Involvement • Competitive Trade Contractor Bidding • Receive, Review and Thoroughly Analyze all Bids with Owner Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 6 Page 2 ® SCOPE OF SERVICES PROJECT METHODOLOGY Kraus-Anderson’s construction management services begin as our team acquires a thorough understanding of your project goals. As your construction partner, your project goals become our goals.From the outset, our approach employs a team-oriented format that establishes open communication between all parties. The substance of our approach to pre-construction services is to provide construction strategies, value management, market knowledge and cost estimating expertise toward the creation of two facilities that provide significant value to the City of St. Louis Park. In 112-years of experience, Kraus-Anderson has developed a system of checks and balances which is regarded as the best in the industry. Pre-Construction Phase Kraus-Anderson’s pre-construction phase services include general project coordination, cost management, schedule strategies and methods, design document review and bidding and procurement. General Project Coordination Kraus-Anderson facilitates the early establishment of mutually agreed upon project goals by bringing together all team members to gather and discuss information. Project strategy, schedule and budget requirements are established with issues identified, discussed and resolved. Through these meetings and the meeting minutes Kraus-Anderson provides, you possess the information you need to make informed decisions. Cost Management Kraus-Anderson is able to provide cost management in a number of areas and with a built-in peer review. We bring a long history of pricing projects for government entities throughout Minnesota and good relationships with area trade contractors and suppliers. Our team will provide cost management through a proactive, open-book relationship with the entire project team. We anticipate interfacing with the team to assess the overall project scope through a differentiation document based on past facilities to identify all work items, equipment and options for the project utilizing our past experience to assure completeness of scope and to aid in cost certainty of your project. We will also share costs of current and recent similar facilities to aid in your comparison to the current market and “state of the art” status. Our experience allows us to anticipate systems, scopes and costs at anytime during the design phase. We will provide budget verification to enable the project team to make informed decisions necessary to the successful progression and completion of the work within the City’s budget. The cost management services include preparing and updating cash flows, assessing constructability of the building, site logistics to coordinate with the continuing operation of adjacent facilities, reviewing availability of labor and materials necessary to the progression of the work, sequencing of the work to maximize possible economies along with presenting available value engineering possibilities and actively participating in the assessment and implementation of the State of Minnesota B3 (Buildings, Benchmarks & Beyond) process. Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 7 Page 3 ® SCOPE OF SERVICES Schedule Strategies and Methods We take pride in our reputation for delivering projects on time. We are schedule driven; therefore, we emphasize that comprehensive planning, systematic scheduling and careful monitoring of all elements of the work that is essential to satisfy your time and budget requirements. To achieve this, we have developed state-of-the-art techniques to plan, control and pre-purchase for all the complex activities of a major construction program. Both our design phase and construction phase schedules utilize our Critical Path Method (CPM) Scheduling System. The Master Project Schedule integrates your activities, Kraus- Anderson's pre-construction and construction services and the architect's design efforts in a bar chart reflecting major elements or milestones of the project and team interface points. The milestone dates reflect specific information target dates or decision points in the design process which provide a basis for assessing the team’s ability to maintain the schedule commitments. Certain critical items may be purchased and warehoused to ensure timely availability. The Detailed Construction Schedule provides for all major elements of work and activities of trade contractors required to complete the construction process. Design Document Review Our cooperative team format facilitates an interchange between Kraus-Anderson and the design team to produce construction feasibility analysis, life cycle costing, and value engineering efforts that assure the most cost effective design. We monitor the final design to ensure that constructability issues are addressed for each project component, and we solicit input from mechanical and electrical trade contractors regarding further constructability analysis, pricing and value engineering. Mechanical/Electrical Coordination Through our experience we have found that one of the key elements of a successful construction project is close coordination with mechanical and electrical trade contractors. We work closely with your architect during the design phase to ensure that M/E responsibilities are clearly defined. We prepare and monitor a M/E construction budget for the project; and, in conjunction with the architect/engineer, we prepare bid documents that include mini-schedules clearly defining the responsibilities of the mechanical/electrical bidders. We work with your architect to ensure that working drawings can be easily read and understood by the mechanical/electrical contractor’s on-site personnel and we carefully interview prospective mechanical/electrical bidders to ensure that they fully understand the documents. During the construction phase we continue to monitor M/E schedules and installations, ensuring that the overall goals of time and quality are met. Finally, we coordinate the training of your operating personnel in the use of the M/E systems. Construction Phase The collaborative format established during the pre- construction phase continues in the construction phase of the project. Strong communication with the entire project team continues in an effort to ensure that the project remains on schedule, costs are controlled, and that the highest quality standards are maintained. The services Kraus-Anderson provides during the construction phase of the project include managing job site activities to assure safety, schedule and quality control, managing the change order process, controlling and reporting costs and holding regular progress meetings. Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 8 Page 4 ® SCOPE OF SERVICES A detailed description of what these services entail and how they are carried out is outlined below. Full-Time Supervision Steve Seidl will be assigned as our full time project superintendent to organize and supervise all construction activity on the site. In conjunction with the project manager, he will coordinate the scheduling of the trade contractor's work, ensuring that requirements of the overall schedule are met. The project manager and project superintendent hold regularly scheduled coordination meetings with trade contractors and issue written minutes after each meeting. Safety Planning Under the direction of Kraus-Anderson's full time Safety Director, Tom Nelson, we implement plans to ensure a safe job site at all times for visitors, staff and construction workers. As these individuals arrive at the project site, clear awareness of direction and sense of security will be evident. Directional signage, site fencing and barriers, solid temporary walkways and most importantly, a clean, unobstructed and organized jobsite environment will guide every person to their destination. Cooperative planning with the City of St. Louis Park personnel will ensure a thorough and comprehensive site safety program. Once implemented, a final walk through review with planning team personnel is scheduled to gain concurrence of meeting everyone’s expectations. Our safety management program continues with trade contractors and suppliers involved in constructing this project. Tom Nelson again takes a leadership role in putting into practice Kraus-Anderson’s safety management protocols regarding all contractor activity. Standard operating procedures include weekly "tool box talks", biweekly job site wide safety meetings and periodic jobsite inspection by Kraus- Anderson's safety director. Safety reports and planning for current, ongoing or upcoming project safety and infection control issues are discussed during a standing agenda item in our weekly project progress meeting. Kraus-Anderson’s commitment to provide a safe and healthy work environment has earned a EMR rating of .57. Our performance is well beyond the national average of one. In 2008 Kraus-Anderson completed over 1.2 million hours of work without a lost time accident. Schedule Management Kraus-Anderson uses a number of proven tools to ensure objectives are achieved. These include: •A Master Schedule which outlines activities from the earliest feasibility studies to final completion. This is the basis on which subordinate and more detailed schedules are derived. • The Resource Allocation Control System (RACS)which allocates manpower and work in place rate over a period of time - a primary tool used to monitor job progress against the plan. Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 9 Page 5 ® SCOPE OF SERVICES • The Detailed Area of Trade Schedule, depicting near-term (e.g. 30-day, 60-day, and 90-day) events. These are used by site staff to resolve complex scheduling problems. • The System Test and Startup Schedules that are used in conjunction with introduction of major electrical or mechanical systems into a facility. The use of these tools will focus on achieving the goals of budget and schedule outlined at the inception of the project. Quality Management We understand quality is a team effort and is based on prevention rather than correction. Several keys to this continuous effort include: •Trade Contractor/Vendor Qualification - Selection of qualified, team oriented trade contractors is critical to the success of the project. •Project Meetings - Quality Control is a standard agenda item discussed at weekly trade contractor meetings. Special meetings are held to ensure pre-submittal coordination of overlapping/adjacent trades. •Shop Drawing Reviews - Ensure shop drawings depict the requirements of the Contract Documents. •Pre-Construction Meetings - Prior to a trade’s work beginning on the job, meetings are held to review jobsite procedures, shop drawings/submittals, and expected quality and safety issues. •Inspection of work-in-place - Monitoring quality of product as it is installed. •Testing Programs - Independent testing to ensure material and workmanship meet the project specifications. •Additional Mock-ups - Continue mock-up program as established in pre-construction. •Toolbox Meetings - Meetings with trade contractors to discuss quality and safety issues on the project. In order to implement an effective Quality Management program for the team to follow during the Construction Phase, it is necessary to establish the foundation for proper Quality Management during pre-construction. A project specific Quality Assurance and Quality Control Manual will be created, addressing requirements for all team members to follow. The manual is built on the principles of formality and accountability and is validated through extensive field experience. The team will integrate the manual with project documents and will include it as part of trade contractor award packages. With this approach, the expectations for producing the highest quality of work is established as a pre-qualification of award, ensuring that trade contractors will build quality into the job versus relying on outside inspections. Commissioning Kraus-Anderson takes a very proactive role in the commissioning process of a project, because we feel it is a very important component of a project's success. In order to facilitate this success, we feel it is important to secure the services of a well-qualified commissioning consultant as early as possible in the design phase of the project. Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 10 Page 6 ® SCOPE OF SERVICES As your construction manager, Kraus-Anderson will assist you in developing a detailed scope for the commissioning process, to ensure that you get the most possible value out of the process. After a scope has been developed, if requested, we will develop a detailed RFP and assist you with the selection process of a qualified commissioning consultant. Once the commissioning consultant is on-board, Kraus-Anderson will work to administer the progress of the process by incorporating commissioning tasks into the overall project schedules, and ensuring that all requirements of the commissioning process are clearly defined and described in the project specifications. Finally, during the post-construction phase of the project, Kraus-Anderson will work with the commissioning consultant to review all of the work that was completed during the commissioning process, to ensure that all of the original goals have been accomplished through the commissioning process. Our project manager determines final completion and provides you and your architect with written notice that the work is ready for final inspection. He secures and transmits required guarantees, affidavits, releases, bonds and waivers to the architect. He also turns over to you all keys, manuals, records, and drawings. Green Building Practices Kraus-Anderson has a proven track record of achieving the highest standards of performance in terms of environmental responsibility and innovation. We have been at the forefront in sustainable construction and green building practices, policies and standards. Kraus-Anderson is a leader in the construction of projects following the Minnesota Sustainable Building Guidelines. Minnesota Sustainable Building Guidelines Life Cycle Fire Station Projects St. Louis Park, MN Meeting of February 8, 2010 (Item No. 14)Page 11