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HomeMy WebLinkAbout2009/05/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA MAY 18, 2009 COUNCIL CHAMBERS Councilmember Sanger Absent 7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes April 20, 2009 4. Approval of Agenda 5. Reports 5a. Economic Development Authority Vendor Claims 6. Old Business 7. New Business 7a. Approve Interfund Loan for Victoria Ponds TIF District Recommended Action: Motion to Adopt Resolution authorizing an interfund loan agreement for the Victoria Ponds TIF District from the Development Fund. 7b. Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A. Recommended Action: Motion to Approve Resolution authorizing execution of a Tax Increment Pledge Agreement with the City of St. Louis Park related to the $2,020,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A. 8. Communications 9. Adjournment 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Proclamation Public Works Week Meeting of May 18, 2009 City Council Agenda 3. Approval of Minutes 3a. Study Session / Workshop Minutes May 4, 2009 3b. City Council Minutes May 4, 2009 3c. Study Session Minutes May 11, 2009 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the agenda as presented and to approve items on the consent calendar. (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar.) 5. Boards and Commissions -- None 6. Public Hearings 6a. First Reading of Ordinance Amendment to Sec. 3-101 Alcoholic Beverages and Film Showing Recommended Action: Mayor to close the public hearing. Motion to adopt first reading of ordinance amendment to Chapter 3 Section 3-101 of the St. Louis Park Code of Ordinances concerning Alcoholic Beverages and the showing of certain films and to set second reading for June 1, 2009. 6b. Public Hearing - Liquor Licenses for Rainbow Foods at 5370 16th Avenue Recommended Action: Mayor to close public hearing. Motion to approve application from Roundy’s Supermarkets, Inc. for RBF, LLC of Wisconsin dba Rainbow Foods #8903 for an off-sale intoxicating liquor license and Rainbow Foods #8803 for an off-sale 3.2 % malt liquor license to be located at 5370 16th Avenue with the license term through March 1, 2010. 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Accept Bids for the Tax Increment Refunding Bonds Recommended Action: Motion to Approve Resolution Awarding the Sale of the $2,020,000 Taxable General Obligation Tax Increment Bonds, Series 2009A. Meeting of May 18, 2009 City Council Agenda 8b. Groves Academy – Major Amendment to Special Permit Recommended Action: Motion to Adopt Resolution approving a major amendment to the existing special permit for Groves Academy to allow a 14,000 square foot, two story addition and parking lot reconstruction at 3200 State Highway 100 South. 8c. Comprehensive Plan – Approve for Review Submission Recommended Action: Motion to approve sending draft Comprehensive Plan to adjacent jurisdictions for 6- month review. 9. Communication Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of May 18, 2009 City Council Agenda 4. CONSENT CALENDAR 4a. Approve Resolution authorizing Park Tavern Lounge & Lanes to provide alcohol during the hours of 5:30 p.m. to 10:00 p.m. at the Parktacular Street Dance to be held on June 19, 2009 4b. Adopt Resolution authorizing Hennepin County to submit a grant application to the United States Department of Justice for the FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant and to administer the grant funding and act as the fiscal agent for the City 4c. Adopt Resolution accepting a donation from Becky Mallory Finnigan in the amount of $500.00 for park maintenance improvements and native plantings 4d. Adopt Resolution accepting this report, establishing and ordering Improvement Project No. 2009-2300, approving plans and specifications, and authorizing advertisement for bids 4e. Approve Resolution rescinding Resolution 88-45 relating to a Special Permit issued in 1988 for the Al’s Bar/Anderson Cleaners property 4f. Approve for Filing Vendor Claims St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting Date: May 18, 2009 Agenda Item #: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA APRIL 20, 2009 1. Call to Order President Finkelstein called the meeting to order at 7:20 p.m. Commissioners present: President Finkelstein, John Basill, C. Paul Carver, Jeff Jacobs, Paul Omodt, Loran Paprocki and Susan Sanger. Commissioners absent: None Staff present: City Manager (Mr. Harmening), Economic Development Coordinator (Mr. Hunt), Community Development Director (Mr. Locke), Communications Coordinator (Mr. Zwilling) and Recording Secretary (Ms. Schmidt). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes April 6, 2009 It was moved by Commissioner Paprocki, seconded by Commissioner Omodt, to approve the EDA minutes as presented. The motion passed 7-0. 4. Approval of Agenda It was moved by Commissioner Paprocki, seconded by Commissioner Omodt, to approve the Agenda. The motion passed 7-0. 5. Reports - None 6. Old Business - None Meeting of May 18, 2009 (Item No. 3a) Page 2 Subject: Economic Development Authority Minutes April 20, 2009 7. New Business 7a. Contract for Private Redevelopment between the EDA and Wooddale Catered Living LLC (Greco Development) EDA Resolution No. 09-06 Mr. Hunt presented the staff report, explaining the proposed Contract for Private Redevelopment. He stated the acceptance of the contract would facilitate the Wooddale Pointe mixed use project. Commissioner Sanger stated concern with the contract language on page 21 (Section 6.3 Assessment Agreement), asking what the minimum accessed valuation would be for the completed project. Mr. Hunt stated approximately $8.5 million in 2010 and $14,265,000 by January 1, 2011. Councilmember Sanger clarified that those amounts would be included in the contract. Mr. Hunt stated they would. President Finkelstein noted that Mr. Hunt and the Economic Development staff worked very hard on a difficult project and thanked them for lessening the cost to taxpayers by applying for a TOD grant. It was moved by Commissioner Basill, seconded by Commissioner Omodt, to adopt EDA Resolution No. 09-06, approving the Contract for Private Redevelopment between the EDA and Wooddale Catered Living LLC (Greco Development). The motion passed 7-0. 8. Communications - None 9. Adjournment The meeting adjourned at 7:28 p.m. ______________________________________ ______________________________________ Secretary President Meeting Date: May 18, 2009 Agenda Item #: 5a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Vendor Claims Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to Accept for Filing Vendor Claims for the period April 7 through May 15, 2009. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report for council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 5/13/2009CITY OF ST LOUIS PARK 14:33:45R55CKSUM LOG23000VO 1Page -Council Check Summary 5/15/2009 -4/7/2009 Vendor AmountBusiness Unit Object 2,740.30BASS LAKE/EDI ENVIRONMENT ANALYSISAECOM INC 2,740.30 5,033.50DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESBARR ENGINEERING CO 5,033.50 210.00DEVELOPMENT - EDA G&A TRAININGCITIZENS INDEPENDENT BANK 210.00 4,950.00DEVELOPMENT - EDA G&A PLANNINGFORECAST PUBLIC ARTWORKS 4,950.00 5,000.00HRA LEVY G&A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 5,000.00 3,141.90DEVELOPMENT - EDA G&A PAYMENT IN LIEU OF TAXESHENNEPIN COUNTY TREASURER 3,141.90 17,353.16DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESHOISINGTON KOEGLER GROUP INC 17,353.16 669.70DEVELOPMENT - EDA G&A LEGAL SERVICESKENNEDY & GRAVEN 669.70 3,693.75HRA LEVY G&A LEGAL SERVICESLOCKRIDGE GRINDAL NAUEN PLLP 3,693.75 93.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS ST PAUL BUSINESS J 93.00 9.34DEVELOPMENT - EDA G&A OFFICE SUPPLIESOFFICE DEPOT 9.34 200.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESPARTY UNIT 200.00 103.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSST LOUIS PARK SUNRISE ROTARY 103.00 Report Totals 43,197.65 Meeting of May 18, 2009 (Item No. 5a) Subject: EDA Vendor Claims Page 2 Meeting Date: May 18, 2009 Agenda Item #: 7a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Approve Interfund Loan for Victoria Ponds TIF District. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing an interfund loan agreement for the Victoria Ponds TIF District from the Development Fund. POLICY CONSIDERATION: The Office of the State Auditor (OSA) has taken the position that TIF districts must have interfund loan resolutions formally approved to cover districts that have a deficit fund balance. BACKGROUND: Staff is recommending that we adopt a new interfund loan resolution to cover a deficit in the Victoria Ponds TIF District. This is a short-term deficit due to the payment of a $400,000 TIF Note to Lake Street Office Center LLC for redevelopment of the Erv’s Garage site. The Development Fund will serve as the source for this loan. The EDA previously adopted an interfund loan agreement of $570,000 but without the specificity that the OSA now desires. As with our other districts, Victoria Ponds will repay the loan with 5% interest to the Development Fund when sufficient increments are available. Increment received in 2008 totaled about $391,000. With the payment of the developer note to SVK in the amount of about $152,000 as the only substantial expense, there should be sufficient funds available in 2009 to pay off the interfund loan (NOTE- SVK was the developer of the Victoria Ponds project). District Deficit Maximum Loan Victoria Ponds $163,132 $570,000 FINANCIAL OR BUDGET CONSIDERATION: In order to avoid potential issues with the OSA, staff recommends that the attached interfund loan resolution be adopted to cover the short term cash deficit. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 7a) Page 2 Subject: Approve Interfund Loans ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 09-____ RESOLUTION AUTHORIZING INTERFUND LOAN TO VICTORIA PONDS TIF DISTRICT WHEREAS, the St. Louis Park Economic Development Authority (the "Authority") has created several Tax Increment Financing districts; and WHEREAS, approved loans are considered tax increment; and WHEREAS, the Authority desires to pay all development costs of each district with tax increment and avoid paying for redevelopment costs with unrestricted funds; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the St. Louis Park Economic Development Authority: 1. The following loans are approved from the Development Fund to the indicated district. District Maximum Loan Victoria Ponds $570,000 2. Such loans are to be repaid with 5% interest when sufficient increment is available in each district. Reviewed for Administration: Adopted by the Economic Development Authority May 18, 2009 Executive Director President Attest Secretary Meeting Date: May 18, 2009 Agenda Item #: 7b 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: Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A. RECOMMENDED ACTION: Motion to Approve Resolution authorizing execution of a Tax Increment Pledge Agreement with the City of St. Louis Park related to the $2,020,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A. POLICY CONSIDERATION: Should the Economic Development Authority approve a pledge agreement with the City of St. Louis Park for the 2009A Taxable GO Tax Increment Bonds in order to refinance our Series 2001A Tax Increment Bonds? BACKGROUND: The City Council will consider refunding the 2001A TIF Bonds for interest rate savings at its meeting on May 18. In order to complete this transaction, the EDA must reauthorize the pledge of tax increment toward these new bonds. The bonds will be structured to keep the same length of duration, but it is estimated there will be approximately $20,000 saved in interest costs over the next two years. FINANCIAL OR BUDGET CONSIDERATION: Issuance of the bonds will reduce the amount of debt service that will potentially have to come from non-increment revenues. VISION CONSIDERATION: Not applicable. Attachments: Resolution Tax Increment Pledge Agreement Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 7b) Page 2 Subject Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 09-___ RESOLUTION AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE AGREEMENT WITH THE CITY OF ST. LOUIS PARK RELATING TO APPROXIMATELY $2,020,000 TAXABLE GENERALOBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2009A WHEREAS, the City previously issued its $7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A of the City, dated May 1, 2001 (the “Refunded Bonds”); and WHEREAS, pursuant to authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City has agreed to refund the Refunded Bonds through the issuance of general obligation bonds of the City in approximately the principal amount of $2,020,000 designated the Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A, and hereinafter referred to as the "Bonds"; and WHEREAS, the EDA has agreed to pledge certain tax increment revenues to the City for the principal and interest on the Bonds, and to appropriate certain other funds in order to prepay the Refunded Bonds; and WHEREAS, the there has been presented to the EDA a Tax Increment Pledge Agreement between the EDA and the City (the “Pledge Agreement”) providing for the pledge of certain tax increments from certain tax increment financing districts in the City to payment of principal and interest on the Refunded Bonds and the Bonds; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners (the "Board") of the EDA, as follows: 1. The President and Executive Director of the EDA are hereby authorized to execute and deliver the Pledge Agreement in substantially the form on file in City Hall. 2. This resolution shall be effective as of the date hereof. Reviewed for Administration: Adopted by the Economic Development Authority May 18, 2009 Executive Director President Attest Secretary Meeting of May 18, 2009 (Item No. 7b) Page 3 Subject Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A TAX INCREMENT PLEDGE AGREEMENT by and between CITY OF ST. LOUIS PARK, MINNESOTA and ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY THIS AGREEMENT is made and entered into on or as of the ____ day of _________, 2009, by and between the City of St. Louis Park, Minnesota (the "City"), and St. Louis Park Economic Development Authority (the "EDA"). RECITALS A. The City has duly established the following project areas and tax increment districts: (i) Excelsior Boulevard Redevelopment Project; (ii) Oak Park Village Redevelopment Project; and (iii) the Highway 7 Development District pursuant to Minnesota Statutes, Sections 469.001 through 469.047, 472A, and Sections 469.174 to 469.179 and predecessor statutes (together, the “Act”). The Excelsior Boulevard Redevelopment Project and Oak Park Village Redevelopment Project are referred to together as the “Pre-79 Districts”; the Highway 7 Development District is referred to as the “Highway 7 District”; and all three districts are referred to together as the “Districts.” B. The control, authority and operation of the Districts were transferred to the EDA by Resolution No. 88-134 of the City, pursuant to Minnesota Statutes, Section 469.094. C. By Resolution No. 90-4 of the EDA and Resolution No. 90-29 of the City, the geographical areas of the project areas associated with the Districts were expanded and joined (such expanded coterminous area is referred to herein as the “Project Area”). D. In order to finance certain costs of the Project Area, the City issued its $7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A, of the City, dated May 1, 2001 (the “Refunded Bonds”). E. In addition to the Refunded Bonds, there remain outstanding the following bonds issued by the City that are secured in whole or in part with tax increments from one or more of the Districts: $7,000,000 General Obligation Tax Increment Bonds, Series 1997A (the “Series 1997A Bonds”) $7,490,000 General Obligation Tax Increment Bonds, Series 2004A (the “Series 2004A Bonds”) Meeting of May 18, 2009 (Item No. 7b) Page 4 Subject Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A F. The tax increment attributable to the Pre-79 Districts (in accordance with the Act) received each year by the EDA from Hennepin County is referred to as the “Pre-79 Available Tax Increment;” and the tax increment attributable to the Highway 7 district (in accordance with the Act) received each year by the EDA from Hennepin County is referred to as the “Highway 7 Available Tax Increment.” G. In connection with issuance of the Series 1997A Bonds, the City and EDA pledged Available Tax Increment (or portions thereof) to the Series 1997A Bonds on a parity basis with the Refunded Bonds. In connection with issuance of the Series 2004A Bonds, the City and EDA pledged Available Tax Increment (or portions thereof) to the Series 2004A Bonds on a parity, superior, or subordinate basis with any other obligations permitted by law. The pledge of Pre-79 Available Tax Increment and Highway 7 Available Tax Increment to these prop bonds is referred to as the “Parity Pledge.” H. Pursuant to authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City has agreed to refund the outstanding Refunded Bonds through the issuance of general obligation bonds of the City in the principal amount of $____________, designated the Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A, and hereinafter referred to as the "Bonds.” I. The EDA has agreed to pledge Pre-79 Available Tax Increment and Highway 7 Available Tax Increment to the City for the principal and interest on the Bonds, subject to the terms of this Agreement. J. Pursuant to Minnesota Statutes, Section 469.178, Subdivision 2, any agreement to pledge tax increment revenues must be made by written agreement by and between the EDA and the City and must be filed with the Taxpayer Services Division Manager of Hennepin County. NOW, THEREFORE, the City and the EDA mutually agree to the following: (1) The City will sell the Bonds in accordance with the City Council resolution approved on May 18, 2009 (the “Bond Resolution”). (2) The proceeds from the sale of the bonds will be applied in accordance with the Bond Resolution. Meeting of May 18, 2009 (Item No. 7b) Page 5 Subject Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A (3) Subject to the Parity Pledge, at least three (3) business days prior to the August 1, 2009 there shall be transferred from the account for either of the Pre-79 Districts (at the discretion of the Finance Director) to the Debt Service Fund maintained by the City for the payment of the Bonds, an amount of Pre-79 Available Tax Increment which, when taken together with amounts already on deposit in such Debt Service Fund, is equal to the principal of and interest on the Bonds to become due on August 1, 2009. The Finance Director may select the Pre-79 District from which Pre-79 Available Tax Increment will be drawn. (4) Subject to the Parity Pledge, at three (3) business days prior to the each debt service payment date on the Bonds after August 1, 2009, there shall be transferred from the account for the Highway 7 district to the Debt Service Fund maintained by the City for the payment of the Bonds, an amount of Highway 7 Available Tax Increment which, when taken together with amounts already on deposit in such Debt Service Fund, is equal to the principal of and interest on the Bonds to become due on such payment date. Any Highway 7 Available Tax Increment in excess of 105% of the principal and interest when due with respect to the Bonds on any payment date may be retained by the EDA in the account for the Highway 7 District an applied to any costs of the Project Area in accordance with law. (5) Without regard to anything in this Agreement to the contrary, Highway 7 Available Tax Increment may be pledged (at the EDA’s option on a parity, superior or subordinate basis) to pay principal of and interest on both the Bonds and any other obligations issued by the City, EDA or any other public body to finance public redevelopment costs paid or incurred by the EDA in the Project Area. In accordance with the Act, Pre-79 Available Tax Increment may not expended for any purpose. after August 1, 2009. (6) This Agreement supplements any prior agreements between the City and EDA with respect to pledges of Available Tax Increment. (7) An executed copy of this Agreement shall be filed with the Taxpayer Service Division Manager of County pursuant to the requirement contained in Minnesota Statutes, Section 469.178, Subdivision 2. (The remainder of this page is intentionally left blank) Meeting of May 18, 2009 (Item No. 7b) Page 6 Subject Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A IN WITNESS WHEREOF, the City and the EDA have caused this Agreement to be duly executed on their behalf and their seals to be hereunto affixed and such signatures and seals to be attested, as of the day and year first above written. ATTEST: CITY OF ST. LOUIS PARK, MINNESOTA _______________________________ By_____________________________ City Manager Mayor (SEAL) Meeting of May 18, 2009 (Item No. 7b) Page 7 Subject Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A ATTEST: ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY _______________________________ By______________________________ Executive Director President (SEAL) Meeting of May 18, 2009 (Item No. 7b) Page 8 Subject Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S COUNTY OF HENNEPIN CERTIFICATE I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a Tax Increment Pledge Agreement by and between the City of St. Louis Park, Minnesota and the St. Louis Park Economic Development Authority dated as of May 18, 2009, relating to the City's $_________ Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A, has been filed in my office. WITNESS my hand and official seal this ___ day of __________________, 2009. ____________________________________ Taxpayer Services Division Manager (SEAL) Hennepin County, Minnesota By_________________________________ Deputy Meeting Date: May 18, 2009 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Proclamation EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2009 National Public Works Week Proclamation. RECOMMENDED ACTION: The Mayor is asked to read and present a Proclamation to proclaim May 17-23, 2009 as “National Public Works Week”. POLICY CONSIDERATION: None. BACKGROUND: The American Public Works Association (APWA) has selected “Revitalize Reinvest Renew” as its theme for 2009’s National Public Works Week, which will be celebrated May 17-23. The theme’s dual purpose is both a celebration and a caution as it reminds us of how far public works has progressed and, yet, how far it has to go in assuring the highest quality infrastructure possible. National Public Works Week (NPWW) is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. The Week seeks to enhance the prestige of the often–unsung heroes of our society–the professionals who serve the public good every day with quiet dedication. APWA encourages public works agencies and professionals to take the opportunity to make their stories known in their communities. Over the years the observances have taken many forms, including parades, displays of public works equipment, high school essay contests, open houses, programs for civic organizations and media events. The occasion is marked each year with scores of resolutions and proclamations from mayors and governors, as well. Some special highlights of NPWW include a United States Senate resolution affirming the first National Public Works Week in 1960, letters of acknowledgment from Presidents Dwight Eisenhower and Lyndon Johnson, and a Presidential Proclamation signed by John F. Kennedy in 1962. Meeting of May 18, 2009 (Item No. 2a) Page 2 Subject: 2009 National Public Works Week Proclamation From the beginning, the selection of a Top Ten list of exceptional public works professionals has been a cornerstone of NPWW. The program has identified more than 400 men and women who reflect the highest standards of professional conduct for public works officials. These honorees have been recognized for discharging critical responsibilities in connection to the design, construction, maintenance and/or operation of major public works projects or activities in large and small municipalities throughout North America. Often their accomplishments are particularly noteworthy in relation to the limited manpower and financial resources available to them. National Public Works Week is observed each year during the third full week of May. Through NPWW and other efforts, APWA seeks to raise the public’s awareness of public works issues and to increase confidence in public works employees who are dedicated to improving the quality of life for present and future generations. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Proclamation – National Public Works Week Prepared by: Mike Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 2a) Page 3 Subject: 2009 National Public Works Week Proclamation PROCLAMATION National Public Works Week WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform, NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park wish to proclaim the week of May 17 - 23, 2009 as “NATIONAL PUBLIC WORKS WEEK” and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 18th day of May, 2009. ______________________________________ Jeffrey W. Jacobs, Mayor Meeting Date: May 18, 2009 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION MAY 4, 2009 The meeting convened at 6:30 p.m., adjourned at 7:30 p.m. for the City Council and reconvened at 8:25 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt (arrived 6:45 p.m., departed 8:25 p.m.), Loran Paprocki and Sue Sanger. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke), Human Resource Director (Ms. Gohman), Parks & Recreation Director (Ms. Walsh), Organizational Development Coordinator (Ms. Gothberg), Meg McMonigal, Planning/Zoning Supervisor, Inspections Director (Mr. Hoffman), Finance Director (Mr. DeJong) 1. City Council Workshop City Council and department directors Mr. Hoffman, Ms. Walsh and Mr. DeJong participated in a continued discussion facilitated by Ms. Gohman and Ms. Gothberg to continue the discussion on the indicators for success for three remaining functions identified as core to our community as follows: • Clean and aesthetically pleasing community • Preserved and enhanced natural environment • Good and healthy Schools 2. Update on Light and Freight Rail Studies Ms. McMonigal provided background on the freight rail study and upcoming community meeting on light rail and freight rail at which Hennepin County is planning to present information on the two studies, explaining the history and background. Ms. McMonigal noted that notification of the meeting was put in the Sun Sailor, Park Perspective, and direct mailed to over 500 property owners. Councilmember Sanger noted that it is important to schedule time on the agenda for citizen comments. Council agreed this meeting should be filmed to be replayed on cable. The meeting adjourned at 9:30 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: May 18, 2009 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 4, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Staff present: City Manager (Mr. Harmening), Finance Director (Mr. DeJong), Engineering Project Manager (Mr. Olson), Senior Planner (Mr. Walther), Public Works Director (Mr. Rardin) and Recording Secretary (Ms. Hughes). 2. Presentations - None 3. Approval of Minutes 3a. City Council Study Session and Workshop Minutes April 13, 2009 The minutes were approved as presented. 3b. City Council Minutes April 20, 2009 The minutes were approved as presented. 3c. City Council Study Session Minutes April 27, 2009 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve Change Order No. 2 to Contract No. 72-08 for Street Project – Park Place Boulevard – Project 2007-1101. 4b. Approve for Filing Police Advisory Commission Minutes March 4, 2009. 4c. Approve for Filing Vendor Claims. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. Meeting of May 18, 2009 (Item No. 3b) Page 2 Subject: City Council Minutes May 4, 2009 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Project Report: Alabama Avenue – MSA Street Improvement Project – Project No. 2009-1100 (Continued from April 6, 2009 City Council Meeting) Resolution No. 09-062 Mr. Olson presented the staff report, noting this item was continued from the April 6, 2009 City Council Meeting pursuant to Council’s request to investigate the use of traffic calming elements and to determine the feasibility and additional costs involved in adding bump-outs. He stated staff has determined that bump-outs are feasible at the intersections of Oxford Street, Goodrich Avenue, Cambridge Street and W. 39th Street, with new curbing, sidewalks, and storm sewer modifications at each of these locations. He stated the estimated cost for the bump-outs at Oxford Street is $29,620, at Goodrich Avenue $4,075, at Cambridge Street $48,325, and at W. 39th Street $9,725, for a total additional cost of $91,745. He explained that Cambridge Street will require extensive storm sewer modifications. He added that each of these items can stand alone and Council can choose any or all of the bump-outs. Mr. Olson stated staff anticipated an additional two to three weeks will be added to the project timeline and the intersections will need to be closed while the storm sewer construction work is occurring. Mr. Olson stated that staff has received several bids for the City’s annual Pavement Management Project and the new engineering estimate for this project is $837,900 with no bump-outs; adding bump-outs at the four locations would add $91,745 to the project. He stated the project will be funded by State Aid funds and the City’s utility fund; as a result of the additional costs to the project, staff will need to re-evaluate the MSA Street Rehabilitation program for the next five years and future projects will need to be delayed. Mr. Olson stated that staff has notified the adjacent residents along Alabama Avenue about adding bump-outs to the project and were invited to attend tonight’s meeting. He indicated one resident sent an email asking about project impacts and another resident sent an email expressing support for the bump-outs. He added one resident also expressed concern about on-street parking north of Bunny’s and people parking too close to driveways, creating a safety hazard. He stated staff brought this issue to the Traffic Control Committee and the Committee recommended increased police enforcement to ensure cars do not park too close to driveways; residents are also encouraged to contact the Police Department to report parking violations in front of their homes. He added if parking violations persist, additional signage or painting of the curbs within the five foot no parking area may be considered. Meeting of May 18, 2009 (Item No. 3b) Page 3 Subject: City Council Minutes May 4, 2009 Councilmember Sanger asked which street improvement project will be delayed due to the additional cost of this project. She stated she understands this project needs to be done and there is value associated with adding the bump-outs, but expressed concern that this could be a harsh trade-off for another project that will need to be delayed. Mr. Rardin replied staff will evaluate the CIP budget before making a determination, and added there are several MSA projects in the budget over the next five years, including Texas Avenue. He stated staff anticipates that all of the projects will be completed, but some projects would likely be deferred. Councilmember Basill stated it is important to keep in mind that the bids came in higher than expected because costs did not drop as much as anticipated, particularly with respect to asphalt paving. He indicated Alabama Avenue is a major north-south route with a significant amount of pedestrian traffic which necessitates adding traffic calming elements. He added pedestrian safety drives his support for the additional dollars. Councilmember Finkelstein asked if the same traffic calming effect would be realized if the City only added bump-outs on Goodrich Avenue and W. 39th Street. Councilmember Basill agreed that Cambridge Street is the most expensive option, but it is also the busiest intersection and has the most pedestrian traffic. He stated he did not agree that only adding bump-outs at W. 39th Street and Goodrich Avenue were viable options because it does not address concern about pedestrian safety. Councilmember Omodt opined that if the original estimate presented to the Council had included the bump-outs, it is likely the Council would have approved the project with bump-outs included. He stated the only concern he has is with the bump-outs at W. 39th Street. Councilmember Basill stated that as this area continues to get denser, traffic on Alabama Avenue will increase. He added he prefers to see this project completed in the safest way possible and in a way that will meet the long term needs of the community. He agreed with Councilmember Omodt that there does not seem to be value in adding a bump-out at W. 39th Street. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 09-062, accepting the Project Report, establishing Improvement Projects No. 2009-1100 approving plans and specifications, and authorizing advertisement for bids for Improvement Projects No. 2009-1100, including bump-outs at Cambridge Street, Oxford Street and Goodrich Avenue. The motion passed 7-0. Meeting of May 18, 2009 (Item No. 3b) Page 4 Subject: City Council Minutes May 4, 2009 8b. Minor Amendment to the West End PUD and Sign Variance, 1600 West End Boulevard and 5370 16th Street West, Case No. 09-07-VAR, 09-08-PUD Resolutions No. 09-063 and 09-064 Mr. Walther presented the staff report, noting that the applicant requests a variance to the total sign area allowed at the Shops at West End to allow individual tenant wall signs that are up to the currently allowed maximum size (300 square feet), but without counting toward the total sign area for the site; additionally, the request is to allow private directional signs that are over 42 inches tall. He stated the applicant is proposing a two-sided monument sign on Park Place Boulevard that identifies the project and up to six tenants in the shopping center; there is also an identification sign proposed on the canopy over the pedestrian arcade which does not count toward the total sign area. He explained the monument sign (500 square feet), directional signs (84 square feet) and Showplace Theater signs (1,174 square feet) all count toward the total sign area and exceeds the 1,000 square feet total sign area allowed. He noted that no tenant signs will exceed 7% of the building wall area and no sign face will be over 300 square feet. He stated the Planning Commission recommends approval of the variance and PUD amendment. Councilmember Sanger asked if any of the signs will be on the outside face of the project, along Park Place Boulevard. Mr. Walther stated there are other exterior signs but no other shopping center identification signs. He added the applicant has identified Buildings 23 and 24 as potential sites where it may exceed maximum signage. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt Resolution No. 09-063, granting a variance from Section 36-362, Table 36-362A of the Ordinance Code relating to zoning to permit a Planned Unit Development sign plan exceeding maximum total sign area for property located in the Office Zoning District at 1600 West End Boulevard and 5370 16th Street West. The motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt Resolution No. 09-064, amending and restating Resolutions No. 08-057 and 08-128 relating to a final Planned Unit Development for the West End Redevelopment Project located at the southwest quadrant of Interstate 394 and Highway 100. The motion passed 7-0. Meeting of May 18, 2009 (Item No. 3b) Page 5 Subject: City Council Minutes May 4, 2009 9. Communications Mayor Jacobs expressed the City Council’s thanks to everyone involved with the annual remodeling tour held yesterday. He stated there were almost 500 people who attended the tour and it was inspiring to see people investing in their homes and community. He also extended the City Council’s appreciation to the six homeowners who allowed people to come into their homes for the event. Councilmember Sanger reminded everyone about the citywide meeting scheduled for Wednesday, May 13th at 7:00 p.m. at the Rec Center to discuss the proposed route for the southwest regional light rail and to solicit feedback from residents. She stated there will also be information presented regarding the Hennepin County study being conducted on the status of the freight rail railroad tracks within the City to assess their safety for possibly increasing the number of railroad trains going through the community. 10. Adjournment The meeting adjourned at 8:20 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: May 18, 2009 Agenda Item #: 3c UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA MAY 11, 2009 The meeting convened at 6:32 p.m. Councilmembers present: Mayor Jeff Jacobs, C. Paul Carver, Loran Paprocki and Sue Sanger. Councilmembers absent: John Basill, Phil Finkelstein and Paul Omodt. Staff present: City Manager (Mr. Harmening), Senior Planner (Mr. Walther), Assistant Planner (Mr. Fulton), Planning/Zoning Supervisor (Ms. McMonigal), Community Development Director (Mr. Locke), Parks & Recreation Director (Ms. Walsh) and Recording Secretary (Ms. Hughes). Guest: George Hagemann, Vice Chair, Parks and Recreation Advisory Commission. 1. Future Study Session Agenda Planning – May 26, 2009 Mr. Harmening presented the proposed study session agenda for May 26, 2009, and stated the City’s consultant will discuss the detailed engineering study results and cost estimates with the City Council. He added the consultant has been going through all the City’s facilities, looking at operations, and has made recommendations to improve energy efficiencies for the overall operations of the City. He added the legislative update will include budget and levy limit information. 2. Parks and Recreation Advisory Commission 2008 Year End Report and 2009 Work Plan Mr. Hagemann presented the Parks and Recreation Advisory Commission’s 2008 Year End Report and 2009 Work Plan. He stated one additional item not shown in the report was the involvement by some members with the Active Community Planning Group and the Minnehaha Creek clean-up project. He added grant monies were obtained and used to acquire more supplies for the project. He stated in 2009 the Commission will be working to foster relationships with groups such as the athletic associations. He reported the Dakota Park dog user’s group recently elected a spokesperson and the Commission has been working with him to actively engage the Commission. He stated these efforts have proven helpful in fostering the relationship with this and other groups. He stated the Commission has also been involved in meetings with the Police Advisory Commission, Lieutenant Harcey and Chief Luse to discuss bike safety activities, modification of the trails map, and safety issues. Mr. Hagemann stated the Commission recently learned of a National Highway Traffic Safety training program that the Police Department will begin using for internal training; this program provides training to officers on ways to interact with non-motorized pedestrians and educating pedestrians on safety violations in a proactive manner, short of issuing citations. Meeting of May 18, 2009 (Item No. 3c) Page 2 Subject: City Council Minutes May 11, 2009 The City Council discussed the possibility of a canoe ride this summer. Mr. Harmening stated the City Council may wish to consider a bike ride this year instead of a canoe ride. It was the consensus of the City Council that a bike ride should be scheduled for the Council. 3. Minnetonka Boulevard and Park Place Boulevard Study Updates and Bicycles and Pedestrians Discussion Mr. Fulton presented a detailed overview of the Minnetonka Boulevard Study and indicated aspects of this and the Park Place Boulevard Study will be included in the 2030 Comprehensive Plan update for sidewalks and trails. He stated the Minnetonka Boulevard study looked in detail at the overall roadway function for vehicles, transit, bicycles and pedestrians in the area between 494 in Minnetonka and Highway 100 in St. Louis Park, as well as how people get into Minneapolis and making sure there is good bike and pedestrian access. He indicated the study looked at how traffic is expected to change along Minnetonka Boulevard, the various speed limits, as well as how this corridor relates to the other streets that intersect with it. He stated that community meetings were attended by interested parties from neighborhoods abutting Minnetonka Boulevard. Mr. Fulton stated the top four priorities for this area include pedestrian safety improvements, a continuous east/west bike lane, a multi-modal scenic corridor, and additional tree planting and landscaping. He noted one of the concepts that came out of the study was a “complete streets” concept that accommodates all users of the roadway and promotes safe and convenient transportation options with access for all people. He stated there was also significant discussion regarding the concept of a “Link to the Lakes,” a multi-modal corridor serving recreational, local and commute travelers from Lake Minnetonka to the Minneapolis Chain of Lakes. Mr. Fulton stated another area of the study included Texas Avenue because this area represents a good example of a commercial node and could feed into a further study as part of the Comprehensive Plan Update. He added the consultants also looked at the Highway 100 bridge that will be built. Mn/DOT guidance regarding necessary width will be required with a goal of making this area more integrated into the City’s bicycle and pedestrian atmosphere. Mr. Fulton stated next steps include the City Council accepting the study as complete, preparing design standards the City can use when private redevelopment occurs, and future road reconstruction projects along Minnetonka Boulevard. Mr. Harmening stated staff has been in contact with the County regarding road repairs on Minnetonka Boulevard between Xenwood and Raleigh. He indicated the County initially indicated they would not be doing mill and overlay until 2010, but has now stated they will be doing that work this summer. Meeting of May 18, 2009 (Item No. 3c) Page 3 Subject: City Council Minutes May 11, 2009 Mr. Fulton then presented an overview of the Park Place Boulevard Corridor Study, designed to enhance the bicycle and walking environments within the Xenia Avenue/Park Place Boulevard corridor between the City and Golden Valley. He indicated the major priorities of the study included improvements to the walking environment around the I-394 and Park Place Boulevard intersection, improved access to regional trails and parks, and increasing accessibility to key destinations. Mr. Fulton stated the study focused on the connectivity between St. Louis Park and Minneapolis and looked at land use, different barriers (roadway and train), and connections. He stated the consultant performed a walkability analysis around the Duke project, as well as looking at the bridge over 394 for retrofits to improve accessibility and safety. He stated one of their suggestions involves placing a trellis structure over the bridge and creating a small concrete wall to give some isolation to pedestrians trying to traverse the bridge. Again, Mn/DOT guidance will be required. He presented a graphic depiction of the trellis structure, noting that the lanes for vehicles would be narrowed to provide the space needed for the wall and separate area for pedestrians and bicycles. Mayor Jacobs stated the speed limit in this area is 35 mph; as a result, the narrower, 11’ lanes for vehicles are sufficient. He stated it may be worthwhile to show the Planning Commission the tape prepared from the workshop by Mark Fenton. Ms. McMonigal stated the City would seek grant monies for this project. Mr. Fulton stated one of the more challenging aspects of this study involved ways to get across the railroad tracks in an effort to eliminate illegal crossings. Mr. Fulton indicated one of the most helpful aspects of the study was the creation of a “toolbox” to use for funding, designing, implementing and maintaining the bikeways and walkways, as well as implementation priorities. He stated the consultant outlined several things the City could do in the near term to improve safety. Councilmember Sanger stated one of the priorities includes a recommendation for a pedestrian bridge over Hwy 100 and asked if the consultant is dovetailing on the City Council’s earlier recommendation. Mr. Fulton replied in the affirmative, and added this access is critical. Mr. Walther presented the Bicycles and Pedestrians section of the 2030 Comprehensive Plan update and stated this section summarizes the findings, goals, and policies from the Active Living-Sidewalks and Trails Plan, the Minnetonka Boulevard Study, and Park Place Boulevard Study. He stated the goals include improving the safety of the bicycle and pedestrian networks, establishing a city-wide grid system of sidewalks every ¼ mile, establishing a city-wide grid system of bikeways every ½ mile, closing gaps in the neighborhood sidewalks network, improving transportation and recreation choices, and providing accessible, convenient, attractive and easily understood bicycle and pedestrian systems. Meeting of May 18, 2009 (Item No. 3c) Page 4 Subject: City Council Minutes May 11, 2009 Ms. McMonigal stated staff has also been working on an implementation plan for the study that will be presented at a future City Council study session. The City Council discussed the City’s policy with respect to plowing sidewalks and the associated costs, particularly in light of the budget. Councilmember Carver stated Goal #4 includes a progress measure of “number of gaps closed” and asked whether this would be an appropriate progress measure to add to Goal #1 and Goal #3. Mr. Walther replied in the affirmative. Councilmember Sanger stated Policy 1-B under Goal #1 with respect to safety only addresses users who feel safe enough to go on a particular route. She suggested obtaining further resident input on this policy. She stated Goal #4 with respect to closing gaps in neighborhood sidewalks should include a policy that stops granting variances to developers because it appears the City is undermining its own policies. She also suggested the goal establishing sidewalks every ¼ mile be amended to add “or as traffic conditions warrant,” because where there are bigger safety issues, it may not be prudent to have sidewalks every ¼ mile. Mr. Locke stated the ¼ mile spacing is what the City would like to achieve, but there may be areas where you do not need it; these are guidelines only and are not intended as a replacement for thinking through what is appropriate in any given area. Councilmember Paprocki stated he would like to see priorities set for the power users, i.e., the commuters who would use the bicycle and pedestrian networks year round, towards an overall goal of having people drive less. 4. Comprehensive Plan – Land Use Ms. McMonigal presented the proposed changes to the land use section of the Comprehensive Plan Update. This included a new category of “Business Park” that designates areas for light industrial and/or office uses, changes to some land use map designations, combining “Civic Mixed Use” with “Commercial Mixed Use” for a category that is simply called “Mixed Use,” and a discussion of additional areas for study, e.g., looking at commercial corridors and nodes. She discussed the future of land use studies in the City, including commercial corridors and nodes for commercial land uses and light rail station areas and specific street corridors. She explained that staff worked closely with the Parks and Recreation Commission and Planning Commission to complete the parks and recreation plan; the plan focuses on upgrading and improving the existing park system. She stated the section on natural resources has been moved into this section of the plan and addresses tree resources and wildlife, etc. She stated this section of the plan also includes a section on environmental stewardship and public health. She added that the environmental stewardship section will include items such as storm water, clean water, eliminating pollution, wind and solar power. Meeting of May 18, 2009 (Item No. 3c) Page 5 Subject: City Council Minutes May 11, 2009 Ms. McMonigal stated the overall land use section will focus on strong healthy neighborhoods, vibrant commercial areas, highly accessible light rail station areas, mixed use areas, revitalized industrial/business areas, and well maintained and diverse housing stock. Ms. McMonigal reported on the neighborhood meetings with citizens and the St. Louis Park Business Council. She stated these meetings were very well attended and people were engaged in the process. Staff is creating a “Plan by Neighborhood” section, and prioritizing areas for future planning work and studies. Councilmember Sanger asked if the new “Business Park” category could be applied to all areas and not just along the light rail line. She stated this category will have higher design standards and those same standards should be applied to all redevelopment in the City. Ms. McMonigal noted it was addressing light industrial areas versus existing manufacturing areas, and will be applied as areas redevelop. The City Council discussed future land use planning in the City. Ms. McMonigal discussed next steps with the Council and stated the plan will be sent to surrounding cities and agencies for review. She stated these cities and agencies will each have six months to review the plan and during that time, staff will be meeting with various land owners in the City to discuss the proposed land use changes, the consultant will be preparing a report based on the neighborhood input process, and further review and revisions will be made to the plan. She stated a public hearing will then be held in late 2009. Mr. Locke stated the Comprehensive Plan Update is on the Council’s agenda for May 18 approval to send the plan to adjacent communities and the Met Council; the six-month period for review begins at that time. Councilmember Paprocki stated there are currently some properties in the City needing re-guiding sooner rather than later. He asked when those properties can be done. Mr. Locke stated that staff will discuss this with the Met Council; ideally, the Met Council would like to see land use changes made as a result of the update process and these changes would not be in effect until after the Met Council officially acts on the City’s Comprehensive Plan Update. He added the Met Council would likely allow the City to accelerate this process. 5. Communications (verbal) Mr. Harmening stated the League of Minnesota Cities is looking for board members and asked if any councilmember is interested, they should let him know. He stated there is also a vacancy on the Transportation Advisory Board due to Wendy Wulff’s resignation. He indicated the Board is looking for nominations or expressions of interest. He suggested Mayor Jacobs be nominated for the position, but noted Jim Hovland from Edina currently serves on this Board and having two members from adjoining cities may not be approved by the Met Council. Meeting of May 18, 2009 (Item No. 3c) Page 6 Subject: City Council Minutes May 11, 2009 The meeting adjourned at 8:14 p.m. Written Reports provided and documented for recording purposes only: 6. Project Update – W. 36th Street Streetscape – Project 2008-2600 7. Quarterly Investment Report (January-March, 2009) ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: May 18, 2009 Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Parktacular Street Dance – Dispensing of Intoxicating Liquor by Park Tavern. RECOMMENDED ACTION: Motion to Approve Resolution authorizing Park Tavern Lounge & Lanes to provide alcohol during the hours of 5:30 p.m. to 10:00 p.m. at the Parktacular Street Dance to be held on June 19, 2009. POLICY CONSIDERATION: Does the Council wish to allow Park Tavern Lounge & Lanes to serve alcohol at Parktacular Street Dance on June 19, 2009? BACKGROUND: The Parktacular 2009 Community Celebration will be held June 18th – June 21st. The Parktacular Street Dance will be held on the Excelsior & Grand Town Green on Friday, June 19th with gates opening 5:30 p.m. and closing 10:00 p.m. The outdoor concert entertainment will include an opening act to be named later performing from 5:30 pm to 6:45 p.m. and The New Congress Band will be performing from 7:00 p.m. to 10:00 p.m. Free parking will be available in the Excelsior & Grand ramps and at the Rec Center. Park Tavern has once again donated $5,000 to Parktacular and will be sponsoring the Street Dance for the third year which includes entertainment, food, and beverages. Along with food and soda, they will be selling adult beverages to anyone 21 years of age and older in an area to be fenced off as shown in the attached map. The hours in which alcohol will be available is from 5:30 p.m. to10:00 p.m. Park Tavern will be providing staff to check ID’s and wrist bands to assure no alcohol will be sold to minors. Police officers will also be on duty at the event. Gate fee tickets and Parktacular buttons will be sold at the two entrances and many volunteers will be monitoring crowd control along with a “dump bucket” at each entrance/exit. After the 10:00 p.m. closing time of the Street Dance, the area will be cleaned. As stated by MN Statute 340A.404 Subd. 4. (b) regarding community festivals, the governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. The authorization shall specify the area in which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 to cover the event. Meeting of May 18, 2009 (Item No. 4a) Page 2 Subject: Parktacular Street Dance – Dispensing of Intoxicating Liquor by Park Tavern Park Tavern currently holds an on-sale intoxicating liquor license and upon approval by City Council to serve alcohol at the Parktacular Street Dance, the required insurance certificate will be submitted to the Clerk’s office. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable VISION CONSIDERATION: The annual Parktacular Street Community Event supports the strategic direction of being a connected and engaged community by increasing use of existing gathering places and ensuring accessibility throughout the community and promoting Arts & Culture. Attachments: Resolution Map Prepared by: Nancy Stroth, City Clerk Kris Luedke, Office Assistant Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 4a) Page 3 Subject: Parktacular Street Dance – Dispensing of Intoxicating Liquor by Park Tavern RESOLUTION NO. 09-_____ RESOLUTION APPROVING AUTHORIZATION OF PARK TAVERN LOUNGE & LANES, 3401 LOUISIANA AVE S TO DISPENSE INTOXICATING LIQUOR OFF PREMISES AT THE PARKTACULAR STREET DANCE HELD ON JUNE 19, 2009 AT THE EXCELSIOR & GRAND TOWNE GREEN IN THE CITY OF ST. LOUIS PARK WHEREAS, Minnesota Statutes Chapter 340A and St. Louis Park Ordinance Code Chapter 3, provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety: and WHEREAS, Minnesota Statute 340A.404 Subd. 4. (b) regarding community festivals, states the governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality; and WHEREAS, the 2009 Parktacular event is an annual celebration with many sponsors and volunteers promoting a spirit of pride, a sense of community and an atmosphere of celebration for all residents of the City of St. Louis Park; and WHEREAS, Park Tavern Lounge & Lanes, 3401 Louisiana Avenue currently holds an on- sale intoxicating liquor license and will be sponsoring the Parktacular Street Dance featuring entertainment, food, beverages, and staff to assure no alcohol will be sold to minors by checking identification and the use of wrist bands. NOW THEREFORE BE IT RESOLVED, that the City of St. Louis Park City Council authorizes Park Tavern Lounge & Lanes, 3401 Louisiana Avenue to dispense intoxicating liquor off premises at the Parktacular Street Dance to be held June 19, 2009 from the hours of 5:30 p.m. to 10:00 p.m. at the Excelsior & Grand Towne Green. Reviewed for Administration: Adopted by the City Council May 18, 2009 City Manager Mayor Attest: City Clerk Meeting of May 18, 2009 (Item No. 4a) Page 4 Subject: Parktacular Street Dance – Dispensing of Intoxicating Liquor by Park Tavern Meeting Date: May18, 2009 Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing Hennepin County to submit a grant application to the United States Department of Justice for the FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant and to administer the grant funding and act as the fiscal agent for the City. POLICY CONSIDERATION: Does the Council wish to accept the grant via Hennepin County in the amount of $107,777 which will be used to replace lost revenue and fund training in the 2009 Police Department budget? BACKGROUND: For many years, the St. Louis Park Police Department has received grant funding from the federal Local Law Enforcement Block Grant/Edward Byrne Memorial Grant Funding and, in recent years, Hennepin County has become the fiscal agent and administrator of this funding. The funding formula uses population and Part 1 crime statistics to determine funding for eligible cities in Hennepin County. During recent years, the amount St. Louis Park has received has been steadily declining and, most recently, has been in the $10,000 to $15,000 range. As a result of recent Stimulus Act legislation at the federal level, the amount of funding available has increased significantly for 2009. These grant funds will be used in 2009 to primarily replace lost revenue from the St. Louis Park School District for school liaison officer services (approximately $86,000), with the balance being used to fund training needs in the police department. FINANCIAL OR BUDGET CONSIDERATION: The proposed funding will help stabilize the City’s 2009 budget. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: John D. Luse, Chief of Police Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 4b) Page 2 Subject: 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant RESOLUTION NO. 09-____ RESOLUTION AUTHORIZING THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE FY09 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANT GRANT WHEREAS, the County of Hennepin, State of Minnesota is submitting a grant application to the United States Department of Justice on behalf of the City of St. Louis Park and several other cities for the FY09 Recovery Act Edward Byrne Memorial Justice Assistant Grant; and; WHEREAS, the City of St. Louis Park will receive grant funds in the amount of $107,777, provided all requested funds are received; and WHEREAS, Hennepin County will serve as the fiscal agent on behalf of the City and will provide financial administrative services necessary for the administration of the grant; NOW THEREFORE BE IT RESOLVED that the City Council of St. Louis Park hereby authorizes the City Manager and Chief of Police to enter into an agreement with Hennepin County for the purpose of submitting an application to the U.S. Department of Justice for the FY09 Recovery Act Edward Byrne Memorial Justice Assistant Grant; and BE IT FURTHER RESOLVED by the City Council of St. Louis Park that Hennepin County is hereby authorized to administer the grant funding and act as the Fiscal Agent for the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council May 18, 2009 City Manager Mayor Attest: City Clerk Meeting Date: May 18, 2009 Agenda Item #: 4c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Acceptance of Donation to the Westwood Hills Nature Center. RECOMMENDED ACTION: Motion to Adopt Resolution accepting a donation from Becky Mallory Finnigan in the amount of $500.00 for park maintenance improvements and native plantings. POLICY CONSIDERATION: Does the City Council wish to accept the gifts with restrictions on its use? BACKGROUND: State statute requires City Council acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Becky Mallory Finnigan is graciously donating to Westwood Hills Nature Center an amount of $500. The donation is given with the restriction that it be used for park maintenance improvements and native plantings at Westwood Hills Nature Center. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: The donation will assist us in preserving, enhancing and providing good stewardship of our parks. Attachments: Resolution Prepared by: Mark Oestreich, Westwood Hills Nature Center Manager Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 4c) Page 2 Subject: Acceptance of Donation to the Westwood Hills Nature Center RESOLUTION NO. 09-___ RESOLUTION APPROVING ACCEPTANCE OF DONATION FROM BECKY MALLORY FINNIGAN IN THE AMOUNT OF $500 FOR USE AT WESTWOOD HILLS NATURE CENTER WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Becky Mallory Finnigan desires to assist Westwood Hills Nature Center with park maintenance improvements and native plantings with a donation of $500; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Becky Mallory Finnigan. Reviewed for Administration Adopted by the City Council May 18, 2009 City Manager Mayor Attest: City Clerk Meeting Date: May 18, 2009 Agenda Item #: 4d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Project Report: Sanitary Sewer – LS #17 & FM Rehab – Project No. 2009-2300. RECOMMENDED ACTION: Motion to Adopt Resolution accepting this report, establishing and ordering Improvement Project No. 2009-2300, approving plans and specifications, and authorizing advertisement for bids. POLICY CONSIDERATION: Does the City Council desire staff to undertake this planned improvement? BACKGROUND: The existing Ainsworth Park Lift Station was installed in 1965 and consists of a prefabricated steel dry well which houses two pumps, piping, valves and electrical control equipment. A 6-foot diameter concrete wet well, which collects and stores wastewater, is located adjacent to the dry well. The existing 4”cast iron forcemain is approximately 630 feet long beneath Rhode Island Avenue, discharging into the City’s gravity system on West 28th Street (see attached site plan). Staff scheduled this rehabilitation due to deteriorated condition and unreliability of the station and forcemain. The equipment and structure are 44 years old and repair parts for the pumps and the electrical controls are increasingly difficult to obtain. Staff is also concerned about the structural integrity of the steel dry well and the cast iron force main. One additional problem with the current station is that the dry well is a confined space requiring special safety procedures for entry, i.e. greater employee risk. ANALYSIS AND DESIGN: The proposed design for the lift station replacement includes installation of a new 6-foot diameter concrete wet well to house two submersible pumps. Adjacent to the wet well will be a valve vault for housing the check and shut-off valves for each pump. The new controls will be integrated with the Utility’s SCADA system which monitors the operation and alarm conditions of the City’s lift stations. A new forcemain will run east across the park and discharge into the City’s collection system at Louisiana Court. The new force main will be bored or tunneled beneath the park to avoid excavation and disruption to the park. STAKEHOLDER INVOLVEMENT AND PUBLIC PROCESS: The project is contained mostly in Ainsworth Park. The Engineering Division has worked with the Park and Recreation Department to coordinate the project with activities in the park. The neighborhood will receive notice of the project. Meeting of May 18, 2009 (Item No. 4d) Page 2 Subject: Project Report: Sanitary Sewer – LS #17 & FM Rehab – Project No. 2009-2300 PROJECT TIMELINE: The following schedule is proposed: • Approval of Plans/Authorization to Bid by City Council May 18, 2009 • Advertise for bids Early June • Bid Opening June 18,2009 • Bid Tab Report to City Council; Award contract July 6, 2009 • Construction July through October 2009 COSTS/FUNDING: The total estimated cost of the Ainsworth Park Lift Station structure and forcemain is: Estimated Costs Construction Cost $159,500 Contingencies (10%) $ 15,950 Engineering & Administrative (12%) $ 19,140 Total $194,590 Funding Sources Amount Sewer Utility Fund $194,590 This project is included in the Capital Improvement Program (CIP) scheduled for construction this year with a budget of $282,500. In addition to the construction of the lift station structure and forcemain, new pumps and controls will be purchased and installed by the City’s Utility staff and their electrical contractor. The total cost of the project is expected to be within the CIP budget. VISION CONSIDERATION: None. Attachments: Resolution Site Map Prepared by: Jim Olson – Engineering Project Manager Reviewed By: Michael P. Rardin, Director of Public Works Scott Brink, City Engineer Scott Anderson – Utilities Superintendent Approved By: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 4d) Page 3 Subject: Project Report: Sanitary Sewer – LS #17 & FM Rehab – Project No. 2009-2300 RESOLUTION NO: 09-_______ RESOLUTION.ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2009-2300, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2009-2300 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer, or designee, related to the Ainsworth Park Sanitary lift station and forcemain. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding the Ainsworth Park Lift Station and Forcemain is hereby accepted. 2. Such improvement as proposed is necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2009-2300, is hereby established and ordered. 4. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council for award of contract. Reviewed for Administration Adopted by the City Council May 18, 2009 City Manager Mayor Attest: City Clerk Meeting of May 18, 2009 (Item No. 4d) Subject: Project Report: Sanitary Sewer – LS #17 & FM Rehab – Project No. 2009-2300Page 4 Meeting Date: May 18, 2009 Agenda Item #: 4e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Termination of Special (Conditional Use) Permit granted by Resolution 88-45. RECOMMENDED ACTION: Motion to Approve Resolution rescinding Resolution 88-45 relating to a Special Permit issued in 1988 for the Al’s Bar/Anderson Cleaners property. POLICY CONSIDERATION: Should the City Council rescind the special (conditional use) permit granted in 1988? BACKGROUND: In 1988, City Council adopted a resolution approving a special (conditional use) permit for construction of retail stores and office space for the property on the northwest corner of France Avenue and Excelsior Boulevard (Al’s Bar, Anderson Cleaners). One of the conditions of approval required that “All improvements including buildings, landscaping, trail, sidewalk, curbing, parking lot, striping, and all other elements shown on the approved exhibits shall be completed by May 15, 1989.” The development never proceeded, so the approval essentially expired; however, the resolution was recorded with Hennepin County. In addition, a subsequent City Code amendment voided any special permits granted before December 31, 1992 that approved uses that were no longer permitted by the zoning district. Properties in this situation were made legal, nonconforming uses. Since the proposed uses of the development never started, the proposed uses do not have any legal, nonconforming rights. In order to provide clean title to the property and clarify that the Ellipse on Excelsior Planned Unit Development approvals granted in 2009 now govern the property, the City Council is asked to rescind Resolution 88-45. FINANCIAL OR BUDGET CONSIDERATION: None. Meeting of May 18, 2009 (Item No. 4e) Page 2 Subject: Termination of Special (Conditional Use) Permit granted by Resolution 88-45 VISION CONSIDERATION: None. Attachments: Resolution Rescinding Resolution 88-45 Resolution 88-45 Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 4e) Page 3 Subject: Termination of Special (Conditional Use) Permit granted by Resolution 88-45 RESOLUTION NO. 09-____ RESOLUTION RESCINDING RESOLUTION 88-45 ADOPTED ON MAY 2, 1988 GRANTING SPECIAL (CONDITIONAL USE) PERMIT FOR THE PURPOSE OF CONSTRUCTING RETAIL STORES AND OFFICE SPACE WITHIN A PLANNED UNIT DEVELOPMENT DISTRICT BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The development approved by Resolution 88-45 did not proceed and failed to meet a condition of approval to complete work by May 15, 1989. 2. The Special (Conditional Use) Permit granted by Resolution 88-45 was made null and void by a City Code amendment in December 31, 1992. 3. The City Council approved a Planned Unit Development for the Ellipse on Excelsior redevelopment that overlaps this property and now governs the property. 4. The subject property is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Lots Three (3), Four (4), Five (5), Seven (7), Eight (8), Nine (9), Ten (10), and Eleven (11), Block Five (5), Minikahda Oaks. That part of the Northeast Quarter of the Southeast Quarter (NE ¼ SE ¼) Section Six (6), Township Twenty-eight (28), Range Twenty-four (24), according to United States Government Survey thereof, described as follows: Commencing at a point on the Southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota,” according to the recorded plat thereof, which is distant Fifty (50) feet, at right angles from the centerline of Excelsior Avenue; thence Southwesterly parallel with said centerline of Excelsior Avenue Thirty (30) feet; thence Northwesterly at right angles to Excelsior Avenue One Hundred Ninety (190) feet to a point on the centerline of Greeley Avenue extended southerly; thence at an angle of forty-eight degrees seventeen minutes to the right Ninety-seven (97) feet along said extended centerline to the Southwesterly line of said “Minikahda Oaks, Hennepin County, Minnesota”; thence Southeasterly Two Hundred Fifty-eight and 4/10 (258.4) feet, along last mentioned line, to beginning; and That part of the Northeast One-Quarter of the Southeast One-Quarter (NE ¼ SE ¼) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West of the Fourth Principal Meridian, described as follows: Commencing at a point Meeting of May 18, 2009 (Item No. 4e) Page 4 Subject: Termination of Special (Conditional Use) Permit granted by Resolution 88-45 on the Southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota,” which point is fifty (50) feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of Thirty (30) feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue a distance of One Hundred Ninety (190) feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance One Hundred Forty (140) feet; thence southeasterly along a line drawn at right angles to Excelsior Avenue a distance of One Hundred and Ninety (190) feet to a point Fifty (50) feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline One Hundred Forty (140) feet to the actual point of beginning, according to the U.S. Government Survey thereof. (Also to be known as Lot 1, Block 1, Park Edge Addition, upon City approval of the final plat – Case No. 88-10-S) Conclusion Resolution 88-45 granting Special (Conditional Use) Permit is hereby rescinded based on the findings set forth above. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council May 18, 2009 City Manager Mayor Attest: City Clerk Meeting of May 18, 2009 (Item No. 4e) Subject: Termination of Special (Conditional Use) Permit granted by Resolution 88-45 Page 5 Meeting of May 18, 2009 (Item No. 4e) Subject: Termination of Special (Conditional Use) Permit granted by Resolution 88-45 Page 6 Meeting of May 18, 2009 (Item No. 4e) Subject: Termination of Special (Conditional Use) Permit granted by Resolution 88-45 Page 7 Meeting of May 18, 2009 (Item No. 4e) Subject: Termination of Special (Conditional Use) Permit granted by Resolution 88-45 Page 8 Meeting Date: May 18, 2009 Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to Accept for filing Vendor Claims for the period May 2 through May 15, 2009. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report on a monthly basis for Council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 1Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 104.35TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC 104.35 37.28SWEEPINGOTHER IMPROVEMENT SUPPLIESAAA LAMBERTS LANDSCAPE PRODUCT 37.28 273.60EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESADMINISTRATION RESOURCES CORP 273.60 116.89ESCROWSBass Lake/EDI/UPAECOM INC 116.89 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESALBERTSSON HANSEN ARCHITECTURE 225.00 44.67BASKETBALLGENERAL SUPPLIESALL STAR SPORTS 44.67 364.10PARK AND RECREATION BALANCE SH INVENTORYAMERICAN PRESSURE INC 364.10 137.70PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 88.36PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 96.62ENTERPRISE G & A GENERAL SUPPLIES 147.87VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 112.05WATER UTILITY G&A OPERATIONAL SUPPLIES 112.04SEWER UTILITY G&A OPERATIONAL SUPPLIES 694.64 1,067.88PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 1,067.88 175.75POLICE G & A POLICE EQUIPMENTANCOM COMMUNICATIONS INC 175.75 460.60HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEAQUILA NEIGHBORHOOD ASSN 460.60 1,000.002008A UTIL REV BOND PROJECT RENTAL BUILDINGSARCA MINNESOTA INC 1,000.00 78.26CRACK SEALING PROJECTS EQUIPMENT PARTSASPEN EQUIPMENT CO Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 2 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 2Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 78.25PARK AND RECREATION BALANCE SH INVENTORY 156.51 5,000.00ESCROWSPMC ESCROWAUGUSTINE, RYAN 5,000.00 3,125.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESBADGER METER INC 3,125.00 2,931.95TREE REPLACEMENT TREE REPLACEMENTBAILEY NURSERIES INC 2,931.95 574.45HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESBARNA, GUZY & STEFFEN LTD 574.45 762.50ENGINEERING G & A ENGINEERING SERVICESBARR ENGINEERING CO 197.97PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 2,245.03CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 3,205.50 12,364.89TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEBARTLETT TREE EXPERTS 12,364.89 5,450.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBASICH INC, MICHAEL 5,450.00 50.00NEIGHBORHOOD OUTREACH TRAININGBCA - BTS 150.00SUPPORT SERVICES TRAINING 200.00PATROLTRAINING 50.00SCHOOL LIASON TRAINING 450.00 10.00POLICE G & A TRAININGBCA/TRAINING AND DEVELOPMENT 10.00 62.85ADMINISTRATION G & A MEETING EXPENSEBEEKS PIZZA 62.85 206.57PUBLIC WORKS OPS G & A OFFICE SUPPLIESBERTELSON OFFICE PRODUCTS 206.56PARK MAINTENANCE G & A OFFICE SUPPLIES 206.56VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 619.69 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 3 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 3Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 70.00PRE-SCHOOL PROGRAMS PROGRAM REVENUEBESSE, VALERIE 70.00 256.75PARK AND RECREATION BALANCE SH INVENTORYBOYER TRUCK PARTS 256.75 1,451.50SEWER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIBRAUN INTERTEC CORPORATION 1,451.50 178.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTATBRINK, SCOTT 302.50ENGINEERING G & A MILEAGE-PERSONAL CAR 480.50 353.83HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEBROOKSIDE NEIGHBORHOOD ASSN 353.83 14.39POLICE G & A GENERAL SUPPLIESBURR, SUSAN 14.39 969.16DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 969.16 163.37EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ FINANCIAL SOLUTIONS INC 163.37 2,100.07DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC 2,100.07 7,381.94MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 9,614.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES 16,995.94 2,191.56FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 1,084.08PARK MAINTENANCE G & A HEATING GAS 102.77WESTWOOD G & A HEATING GAS 166.06NATURALIST PROGRAMMER HEATING GAS 4,568.81WATER UTILITY G&A HEATING GAS 278.75REILLY G & A HEATING GAS 613.75SEWER UTILITY G&A HEATING GAS 9,005.78 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 4 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 4Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 10,550.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,550.00 70.55WATER UTILITY G&A OPERATIONAL SUPPLIESCINTAS FIRST AID & SAFETY 70.55 54.10INSPECTIONS G & A GENERAL SUPPLIESCITIZENS INDEPENDENT BANK 200.00COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICES 6.95-CABLE TV BALANCE SHEET DUE TO OTHER GOVTS 220.80TV PRODUCTION NON-CAPITAL EQUIPMENT 467.95 17,194.59ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 17,194.59 3,619.98TECHNOLOGY REPLACE G&A OFFICE FURNITURE & EQUIPMENTCOLLISYS ELECTRIC CO 3,619.98 150.00BASKETBALLOTHER CONTRACTUAL SERVICESCOLWELL, JOE 150.00 53.30PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY 53.30 489.90POLICE G & A OPERATIONAL SUPPLIESCOMPAR INC 489.90 337.92OPERATIONSEQUIPMENT PARTSCONTINENTAL SAFETY EQUIPMENT 337.92 3,000.00UNINSURED LOSS G&A UNINSURED LOSSCONTRACTING SOLUTIONS INC 3,000.00 8,158.89POLICE G & A OTHER CONTRACTUAL SERVICESCORNERSTONE ADVOCACY SERVICE 8,158.89 41.47POLICE G & A OPERATIONAL SUPPLIESCUB FOODS 278.13POLICE G & A SUBSISTENCE SUPPLIES 21.71NEIGHBORHOOD OUTREACH MEETING EXPENSE 341.31 28.60INSPECTIONS G & A GENERAL SUPPLIESCULLIGAN BOTTLED WATER Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 5 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 5Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 28.60 1,000.00ESCROWSPMC ESCROWCUSHMAN, SHANNON 1,000.00 25.99-TECHNOLOGY REPLACEMENT B/S DUE TO OTHER GOVTSD&B POWER ASSOCIATES INC 425.77NETWORK SUPPORT/SERVICES OFFICE EQUIPMENT 399.78 7,452.83WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 7,452.83 750.00ESCROWSPMC ESCROWDEBRUIN, JOHN 750.00 381.41TRAININGTRAININGDEMING, DENNIS 381.41 4,741.14INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY 20.00PARK MAINTENANCE G & A LICENSES 4,761.14 231.52ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 231.52 70.00PRE-SCHOOL PROGRAMS PROGRAM REVENUEDIETRICH, JANET 70.00 362.10ROUTINE MAINTENANCE GENERAL SUPPLIESDISCOUNT STEEL INC 585.59PARK AND RECREATION BALANCE SH INVENTORY 947.69 310.01PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 3,478.57PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 3,788.58 2,839.71POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 2,839.71 70.00PRE-SCHOOL PROGRAMS PROGRAM REVENUEDWYER, LAURIE 70.00 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 6 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 6Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 170.00WIRING REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 170.00 263.47WATER UTILITY G&A BUILDING MTCE SERVICEELECTRIC MOTOR REPAIR 263.47 2,602.50TECHNOLOGY REPLACE G&A OFFICE FURNITURE & EQUIPMENTELERT & ASSOCIATES 2,602.50 965.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSEMPLOYERS ASSOCIATION INC 965.00 183.18PARK AND RECREATION BALANCE SH INVENTORYENVIRONMENTAL EQUIPMENT & SERV 183.18 28.84PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 336.30PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 365.14 132.16SEWER UTILITY G&A GENERAL SUPPLIESFASTENAL COMPANY 132.16 42.15ADMINISTRATION G & A POSTAGEFEDEX 70.37POLICE G & A POSTAGE 27.23SEWER UTILITY G&A POSTAGE 139.75 421.76ICE RESURFACER MOTOR FUELSFERRELLGAS 421.76 285.59VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICEFIRST STATE TIRE RECYCLING 285.59 260.98WATER UTILITY G&A OFFICE SUPPLIESG S DIRECT 260.98 750.00APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENTGOVERNMENTJOBS.COM INC 750.00 755.54FABRICATIONOTHER IMPROVEMENT SUPPLIESGRAINGER INC, WW 529.16WATER UTILITY G&A OTHER 511.54WATER UTILITY G&A EQUIPMENT MTCE SERVICE Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 7 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 7Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 1,796.24 984.13WIRING REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 984.13 32.50WATER UTILITY G&A GENERAL CUSTOMERSHALL, KYLE 32.50 300.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 300.00 28,900.14PARK AND RECREATION BALANCE SH INVENTORYHARTLAND FUEL PRODUCTS LLC 28,900.14 6,979.41WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 6,979.41 525.61NETWORK SUPPORT SERVICES COMPUTER SERVICESHENNEPIN COUNTY INFO TECH 525.61 3,235.42POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER 92.10POLICE G & A WATER SERVICE 249.85PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE 9,333.16GO BONDS-FIRE STATIONS G&A PROPERTY TAXES 215.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 13,125.53 1,800.00HUMAN RESOURCES RECRUITMENTHENNEPIN TECHNICAL COLLEGE 1,800.00 885.44INSTALLATIONOTHER IMPROVEMENT SUPPLIESHIGHWAY TECHNOLOGIES INC 885.44 19.14ROUTINE MAINTENANCE SMALL TOOLSHOME DEPOT CREDIT SERVICES 6.68PARK MAINTENANCE G & A GENERAL SUPPLIES 305.19Canoe Program OTHER IMPROVEMENT SUPPLIES 82.71BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES 190.43PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 604.15 13.82ENGINEERING G & A GENERAL SUPPLIESHOME HARDWARE 63.00PARK MAINTENANCE G & A GENERAL SUPPLIES Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 8 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 8Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 24.46BUILDING MAINTENANCE GENERAL SUPPLIES 32.95WATER UTILITY G&A GENERAL SUPPLIES 31.92WATER UTILITY G&A SMALL TOOLS 28.36SEWER UTILITY G&A GENERAL SUPPLIES 194.51 182.05ADMINISTRATION G & A MILEAGE-PERSONAL CARHONOLD, MARCIA 182.05 107.80ASSESSING G & A MILEAGE-PERSONAL CARHOPPE, MARK 107.80 9.77WESTWOOD G & A GENERAL SUPPLIESHSBC BUSINESS SOLUTIONS 9.77 45.95IRRIGATION MAINTENANCE GENERAL SUPPLIESHYDROLOGIC WATER MGMT 45.95 279.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSIAFC 279.00 418.71INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIESICE SKATING INST AMERICA 418.71 260.93TREE MAINTENANCE GENERAL SUPPLIESINDEPENDENT BLACK DIRT CO 260.93 1,000.00ESCROWSPMC ESCROWINGALLS, JACOB 1,000.00 97.93PARK AND RECREATION BALANCE SH INVENTORYINTERSTATE BATTERY SYSTEM OF M 97.93 87.99ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN 61.88POLICE G & A OTHER CONTRACTUAL SERVICES 149.87 91.72WATER UTILITY G&A GENERAL CUSTOMERSJAX, ERIC 91.72 14.03VEHICLE MAINTENANCE G&A GENERAL SUPPLIESJERRY'S MIRACLE MILE 14.03 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 9 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 9Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 9.98NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESJEWELL, JILL 9.98 246.00WATER UTILITY G&A BUILDING MTCE SERVICEJOHN HENRY FOSTER MN 246.00 427.57PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY 427.57 19,700.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEKEYS WELL DRILLING CO 19,700.00 369.10WESTWOOD G & A OTHER IMPROVEMENT SUPPLIESKIRCHNER, TODD 369.10 3,798.00CE INSPECTION OTHER CONTRACTUAL SERVICESKLM ENGINEERING INC. 3,798.00 147.53PARK AND RECREATION BALANCE SH INVENTORYKREMER SPRING & ALIGNMENT INC 147.53 282.00CRACK SEALING PROJECTS OTHER IMPROVEMENT SUPPLIESLAKES GAS CO 13.71PARK MAINTENANCE G & A GENERAL SUPPLIES 295.71 225.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESLANDRUM DOBBINS LLC 225.00 183.84MOVE-UP PROGRAM SERVICES/MRKTG GENERAL SUPPLIESLARSEN, KATHY 183.84 275.10PARK AND RECREATION BALANCE SH INVENTORYLARSON COMPANIES LTD INC, WD 275.10 126.37PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESLARSON, JH CO 126.37 7.90-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSLASER TECHNOLOGY INC 129.40POLICE G & A REPAIRS 121.50 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 10 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 10Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 400.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESLAUKKONEN DESIGN 400.00 97.27GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC 97.27 170.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTLEAGUE OF MN CITIES 231.44ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 401.44 35.55POLICE G & A OTHER CONTRACTUAL SERVICESLEXISNEXIS 35.55 461.25AQUATIC PARK G & A GENERAL SUPPLIESLIFEGUARD STORE, THE 2,271.50AQUATIC PARK G & A OPERATIONAL SUPPLIES 2,732.75 85.35PARK AND RECREATION BALANCE SH INVENTORYLIND ELECTRONICS INC 85.35 378.25PARK AND RECREATION BALANCE SH INVENTORYLITTLE FALLS MACHINE INC 378.25 317.05PARK PAVILIONS GENERAL SUPPLIESLSV METALS INC 3,454.12PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 3,771.17 600.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTATMAAO 600.00 608.10WATER UTILITY G&A BUILDING MTCE SERVICEMANAGED SERVICES INC 608.10 55.37WESTWOOD G & A GENERAL SUPPLIESMCCONNELL, BECKY 55.37 19.17POLICE G & A GENERAL SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS 57.51PARK AND RECREATION BALANCE SH INVENTORY 76.68 55.00INSPECTIONS G & A TRAININGMEHA 55.00 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 11 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 11Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 11.69WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIESMENARDS 27.66WESTWOOD G & A GENERAL SUPPLIES 39.35 106.15PUBLIC WORKS G & A MILEAGE-PERSONAL CARMERKLEY, SCOTT 106.15 464.62OPERATIONSEQUIPMENT PARTSMETRO FIRE INC 464.62 17,820.00INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL 285,423.79OPERATIONSCLEANING/WASTE REMOVAL SERVICE 303,243.79 3,131.62CRACK SEALING PROJECTS OTHER IMPROVEMENT SUPPLIESMIDSTATES EQUIPMENT & SUPPLY 3,131.62 933.33PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 933.33 44.09BUILDING MAINTENANCE GENERAL SUPPLIESMINNCOR INDUSTRIES 44.09 96.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS AREA ASSOC REALTOR 96.00 449.84EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC 449.84 701.14EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 701.14 150.00PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDIMINNESOTA DEPT HEALTH 150.00 1,464.00POLICE G & A TRAININGMINNESOTA HIGHWAY SAFETY & RES 1,464.00 330.00HOUSING REHAB G & A TRAININGMINNESOTA NAHRO 330.00 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 12 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 12Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS 16.00 30.00SCHOOL LIASON TRAININGMINNESOTA PREV RESOURCE CTR 30.00 345.00WATER UTILITY G&A LICENSESMINNESOTA REVENUE 1,230.00REILLY BUDGET CLEANING/WASTE REMOVAL SERVICE 1,575.00 405.00ASSESSING G & A LICENSESMINNESOTA STATE BOARD OF ASSES 405.00 3,498.53PARK AND RECREATION BALANCE SH INVENTORYMINNESOTA WANNER COMPANY 3,498.53 36.46SAFETY SERVICES SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA'S BOOKSTORE 36.46 110.84PRINTING/REPRO SERVICES OFFICE SUPPLIESMINUTEMAN PRESS 110.84 58.70PARK AND RECREATION BALANCE SH INVENTORYMORRIE'S PARTS & SERVICE GROUP 58.70 27.89-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSMOST DEPENDABLE FOUNTAINS 456.89PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 429.00 171.55IRRIGATION MAINTENANCE GENERAL SUPPLIESMTI DISTRIBUTING CO 3,619.88GENERAL REPAIR EQUIPMENT MTCE SERVICE 3,791.43 250.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 250.00 75.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESNANCY'S CRAFT CAPERS 75.00 257.74PARK AND RECREATION BALANCE SH INVENTORYNAPA (GENUINE PARTS CO) 2.86VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 28.28GENERAL REPAIR GENERAL SUPPLIES Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 13 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 13Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 288.88 25.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPSNATURAL HISTORY 25.00 4,436.21ADMINISTRATION G & A TRAININGNEU & COMPANY 4,436.21 330.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSNIGP 330.00 100.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSNORTH STAR WOMEN'S FIREFIGHTER 100.00 486.40BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSNORTHERN PERENNIALS INC 486.40 3,433.01WATER UTILITY G&A OTHER IMPROVEMENT SERVICENORTHERN WATER WORKS SUPPLY 3,433.01 78.80BUILDING MAINTENANCE GENERAL SUPPLIESNORTHLAND CHEMICAL CORP 78.80 45,376.83TASK FORCE GRANTS - STATENORTHWEST DRUG TASKFORCE 45,376.83 500.00ANIMAL CONTROL OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 500.00 84.68HUMAN RESOURCES OFFICE SUPPLIESOFFICE DEPOT 22.03GENERAL INFORMATION OFFICE SUPPLIES 132.21POLICE G & A OFFICE SUPPLIES 15.76POLICE G & A OPERATIONAL SUPPLIES 30.07NEIGHBORHOOD OUTREACH OFFICE SUPPLIES 58.09OPERATIONSOFFICE SUPPLIES 40.98PUBLIC WORKS G & A OFFICE SUPPLIES 19.93PUBLIC WORKS OPS G & A OFFICE SUPPLIES 19.92PARK MAINTENANCE G & A OFFICE SUPPLIES 19.93VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 380.18SEWER UTILITY G&A OFFICE SUPPLIES 823.78 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 14 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 14Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 2,500.00ESCROWSBROOKSIDE TRAFFIC STUDYOLSEN CONSTRUCTION, GENE 2,500.00 63.00POLICE G & A RENTAL EQUIPMENTON SITE SANITATION 1,462.46PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICES 72.27WESTWOOD G & A OTHER CONTRACTUAL SERVICES 1,597.73 1,070.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESPARK NICOLLET FOUNDATION 1,070.00 5,265.00TECHNOLOGY REPLACE G&A OFFICE FURNITURE & EQUIPMENTPARSONS ELECTRIC 5,265.00 1,267.00WATER UTILITY G&A TRAININGPASSIONWERX 1,267.00SEWER UTILITY G&A TRAINING 1,267.00STORM WATER UTILITY G&A TRAINING 3,801.00 11.00ADMINISTRATION BUDGET TRAVEL/MEETINGSPETTY CASH 9.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 59.05ADMINISTRATION G & A MILEAGE-PERSONAL CAR 7.10POLICE G & A POSTAGE 14.00POLICE G & A MEETING EXPENSE 4.90OPERATIONSGENERAL SUPPLIES 39.90INSPECTIONS G & A GENERAL SUPPLIES 103.26INSPECTIONS G & A TRAINING 9.00INSPECTIONS G & A MEETING EXPENSE 6.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT 10.00SWEEPINGEQUIPMENT PARTS 7.00TRAININGSEMINARS/CONFERENCES/PRESENTAT 2.13DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 19.67PARK MAINTENANCE G & A MEETING EXPENSE 4.80VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 89.00VEHICLE MAINTENANCE G&A LICENSES 6.94WATER UTILITY G&A POSTAGE 9.00SOLID WASTE COLLECTIONS EXTRA REFUSE STICKER REVENUE 411.75 8.45-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSPLANTRA INC 138.45REFORESTATIONLANDSCAPING MATERIALS 130.00 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 15 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 15Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 3,258.56PARK AND RECREATION BALANCE SH INVENTORYPOMP'S TIRE SERVICE INC 3,258.56 350.27PARK MAINTENANCE G & A TELEPHONEPOPP TELECOM 350.27 93.40PARK AND RECREATION BALANCE SH INVENTORYPRAIRIE LAWN & GARDEN 93.40 144.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 144.00 6,887.50PE DESIGN IMPROVEMENTS OTHER THAN BUILDIPROGRESSIVE CONSULTING ENGINEE 6,887.50 26.34VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER 26.34 645.87FACILITY OPERATIONS TELEPHONEQWEST 55.39NEIGHBORHOOD OUTREACH TELEPHONE 626.70COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 1,327.96 48.98HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLERAATZ, DAVID 48.98 33.33WATER UTILITY G&A GENERAL CUSTOMERSRELS TITLE 33.33 523.81STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICESA-AG INC 523.81 398.62BEAUTIFICATION / FLOWERS GENERAL SUPPLIESSAM'S CLUB 91.68WESTWOOD G & A GENERAL SUPPLIES 18.32CONCESSIONSGENERAL SUPPLIES 508.62 305.66PARK BUILDING MAINTENANCE GENERAL SUPPLIESSAVITT BROS INC 305.66 11.90PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESSCHERER BROS. LUMBER CO. Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 16 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 16Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 85.48Canoe Program GENERAL SUPPLIES 604.87PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 702.25 421.06WATER UTILITY G&A SMALL TOOLSSEARS COMMERCIAL ONE 421.06 277.20STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESSEH 277.20 576.08NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESSEKTOR, VICKY 576.08 76.00HOUSING REHAB G & A TRAININGSENSIBLE LAND USE COALITION 76.00 16.83NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESSHARE, JOHN 16.83 679.70FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH 679.70 423.60PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSHERWIN WILLIAMS 423.60 770.21PAINTINGOTHER IMPROVEMENT SUPPLIESSHERWIN-WILLIAMS CO 770.21 2,000.00ESCROWSPMC ESCROWSIMONDET, MATTHEW 2,000.00 577.79BUILDING MAINTENANCE BUILDING MTCE SERVICESIMPLEX TIME RECORDER CO 577.79 2,172.26DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSSPRINT 2,172.26 293.15PARK AND RECREATION BALANCE SH INVENTORYSPS COMPANIES INC 273.95PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 66.28-WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 500.82 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 17 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 17Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 1,525.19PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISRF CONSULTING GROUP INC 2,502.86PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 4,028.05 38.40HOCKEYPROGRAM REVENUEST CLAIR, ANN 38.40 29,966.97PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESST CROIX REC CO 29,966.97 103.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPSST LOUIS PARK SUNRISE ROTARY 103.00 111.80ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSSTAR TRIBUNE 111.80 625.00WATER UTILITY G&A LICENSESSTATE OF MINNESOTA DEPT OF PUB 625.00 13.23OPERATIONSGENERAL SUPPLIESSTEMMER, LUKE 14.78OPERATIONSTRAINING 28.01 3,000.00ESCROWSPMC ESCROWSTURGIS, SAM & RACHEL 3,000.00 107.25ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 107.25 6,598.81WATER UTILITY G&A EQUIPMENT MTCE SERVICESWANSON FLO-SYSTEMS CO 6,598.81 1,098.30DARE PROGRAM OPERATIONAL SUPPLIESTEE'S PLUS 1,098.30 374.19PARK AND RECREATION BALANCE SH INVENTORYTERMINAL SUPPLY CO 374.19 148.59WESTWOOD G & A BUILDING MTCE SERVICETERMINIX INT 148.59 1,150.00REILLY BUDGET OTHER CONTRACTUAL SERVICESTESTAMERICA LABORATORIES INC Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 18 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 18Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 1,150.00 471.25ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 471.25 540.00COUNTS AND STUDIES OTHER CONTRACTUAL SERVICESTRAFFIC DATA INC 540.00 611.70GENERAL REPAIR EQUIPMENT MTCE SERVICETRANSMISSION SHOP INC 611.70 2,093.31BUILDING MAINTENANCE BUILDING MTCE SERVICETWIN CITY HARDWARE 1,297.55PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 3,390.86 25.00ORGANIZED REC G & A TRAININGTWIN WEST CHAMBER OF COMMERCE 25.00WESTWOOD G & A TRAINING 50.00 340.93SUPPORT SERVICES OPERATIONAL SUPPLIESUNIFORMS UNLIMITED (PD) 1,464.39SUPERVISORYOPERATIONAL SUPPLIES 2,588.56PATROLOPERATIONAL SUPPLIES 204.89RESERVESOPERATIONAL SUPPLIES 736.01COMMUNITY SERVICE OFFICER OPERATIONAL SUPPLIES 5,334.78 10,355.51PARK AND RECREATION BALANCE SH INVENTORYUNITED RENTALS NORTHWEST INC 10,355.51 370.65EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 370.65 25.37VEHICLE MAINTENANCE G&A POSTAGEUPS STORE 25.37 86.23POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC 30.98WATER UTILITY G&A TELEPHONE 117.21 114.36OPERATIONSOPERATIONAL SUPPLIESVALLEY NATIONAL GASES WV LLC 113.55VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 227.91 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 19 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 19Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 7,455.03WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 7,455.03 107.25ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 107.25 72.32COMMUNICATIONS/GV REIMBURSEABL TELEPHONEVERIZON WIRELESS 72.32 158.33PARK MAINTENANCE G & A GENERAL SUPPLIESVIKING INDUSTRIAL CTR 472.00WATER UTILITY G&A OPERATIONAL SUPPLIES 472.00SEWER UTILITY G&A OPERATIONAL SUPPLIES 236.02STORM WATER UTILITY G&A OPERATIONAL SUPPLIES 1,338.35 55,430.90SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICEWASTE MANAGEMENT 23,151.50SOLID WASTE COLLECTIONS YARD WASTE SERVICE 28,002.00SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 17,042.52SOLID WASTE DISPOSAL YARD WASTE SERVICE 123,626.92 446.40WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 446.40 20.40WATER UTILITY G&A GENERAL CUSTOMERSWEISMAN, MICHAEL 20.40 1,990.80NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESWEIVODA, JANET 1,990.80 332,804.00WESTMORELAND HIA OTHER CONTRACTUAL SERVICESWESTMORELAND HILLS OWNER ASSN 332,804.00 318.76HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEWESTWOOD HILLS NEIGHBORHOOD AS 318.76 4,092.03SOFTBALLGENERAL SUPPLIESWESTWOOD SPORTS 4,092.03 129.50OPERATIONSGENERAL SUPPLIESWINDSCHITL, MARK 129.50 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 20 5/13/2009CITY OF ST LOUIS PARK 14:17:16R55CKSUM LOG23000VO 20Page -Council Check Summary 5/15/2009 -5/2/2009 Vendor AmountBusiness Unit Object 379.41Canoe Program OTHER IMPROVEMENT SUPPLIESWRAP CITY GRAPHICS 379.41 16,312.52FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 173.30PARK BUILDING MAINTENANCE ELECTRIC SERVICE 379.24WESTWOOD G & A ELECTRIC SERVICE 12,223.73ENTERPRISE G & A ELECTRIC SERVICE 280.57WATER UTILITY G&A ELECTRIC SERVICE 29,369.36 437.36BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICEZAHL-PETROLEUM MAINTENANCE CO 437.36 288.50HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEZANDER, LOIS 288.50 4,000.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESZENON DANCE CO & SCHOOL INC 4,000.00 50.00VEHICLE MAINTENANCE G&A EQUIPMENT MTCE SERVICEZIEBART OF MINNESOTA INC 50.00 129.88PARK AND RECREATION BALANCE SH INVENTORYZIEGLER INC 129.88 Report Totals 1,228,796.51 Meeting of May 18, 2009 (Item No. 4f) Subject: Vendor Claims Page 21 Council Meeting Date: May 18, 2009 Agenda Item #: 6a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: First Reading of Ordinance Amendment to Sec. 3-101 Alcoholic Beverages and Film Showing. RECOMMENDED ACTION: Mayor to close the public hearing. Motion to adopt first reading of ordinance amendment to Chapter 3 Section 3-101 of the St. Louis Park Code of Ordinances concerning Alcoholic Beverages and the showing of certain films and to set second reading for June 1, 2009. POLICY CONSIDERATION: Does the Council wish to proceed with the amendments to Chapter 3 Section 3-101 of the City Code concerning alcoholic beverages as proposed by staff and city attorney? BACKGROUND: At the April 27, 2009 Study Session, a written report was submitted for council review regarding an ordinance amendment to Chapter 3 Section 3-101 of the City Code regarding alcoholic beverages and the showing of certain films. The required public hearing notice was published on May 7, 2009 in the Sun Sailor newspaper. Kerasotes ShowPlace Theatres, LLC has made application for an On-Sale Intoxicating Liquor License for the ShowPlace 14 restaurant located at 1625 West End Boulevard (West End project). Kerasotes is specifically applying for the liquor license to cover the upper level restaurant area and the connecting VIP Theatre seating. Under the current Ordinance Code Section 3-101 any films that depict any nudity would be prohibited on any premises licensed for liquor. Like many other local governments, the city passed its existing nudity prohibition in order to limit the “secondary effects” of adult entertainment in licensed establishments and not necessarily to prevent the viewing of mainstream movies. Kerasotes intends to show those movies that are viewed in theaters nationally and will use the Motion Picture Association of America’s (MPAA) well established ratings system as a guide to ensure appropriate material. Official MPAA current movie rating classifications include only G, PG, PG-13, R, and NC-17. The ratings are given by a board of parents who comprise the Classification and Rating Administration (CARA). The ratings are intended to provide parents with advance information so they can decide for themselves which films are appropriate for viewing by their own children. Meeting of May 18, 2009 (Item No. 6a) Page 2 Subject: First Reading of Ordinance Amendment to Sec. 3-101 Alcoholic Beverages and Film Showing The City of Bloomington amended a similar ordinance in December 2008 regarding the displaying of films in establishments licensed to sell alcohol. The Mall of America is now currently serving food and alcohol while presenting films at a few of its movie theaters. The City Attorney and staff have drafted the proposed ordinance amendment which would address both the intent of the City’s regulations regarding nudity on a licensed premise as well as allowing Kerasotes to show mainstream movies rated by the Motion Picture Association of America. Since 2008, more than 400 first-run movie theaters in the U.S. were serving alcohol to patrons. The challenge presented by most municipalities when addressing a liquor licensing request by a mainstream theater is how to ensure that minors are not given access to alcohol. Kerasotes is preparing a security plan with two identification check points to ensure only patrons that are 21 years and older have access to the restaurant and VIP Theater seating area. Kerasotes is a family business with a focus on motion picture entertainment and will also adopt policies and procedures to maintain a positive, safe environment at its theaters. Staff is proposing the Second Reading of the proposed ordinance to be scheduled for June 1, 2009. Kerasotes liquor license application was reviewed by City Attorney’s office and the required background check has been completed by the Police Department. The liquor license is scheduled for approval on June 1, 2009. FINANCIAL OR BUDGET CONSIDERATION: The fees for liquor licenses are found in Appendix A - Fee Schedule of the City Code. VISION CONSIDERATION: Not applicable Attachments: MPAA Movie Ratings Proposed Ordinance Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 6a) Page 3 Subject: First Reading of Ordinance Amendment to Sec. 3-101 Alcoholic Beverages and Film Showing CURRENT MOTION PICTURE ASSOCIATION OF AMERICA (MPAA) MOVIE RATINGS G - General Audiences A G-rated motion picture contains nothing in theme, language, nudity, sex, violence or other matters that, in the view of the Rating Board, would offend parents whose younger children view the motion picture. The G rating is not a “certificate of approval,” nor does it signify a “children’s” motion picture. Some snippets of language may go beyond polite conversation but they are common everyday expressions. No stronger words are present in G-rated motion pictures. Depictions of violence are minimal. No nudity, sex scenes or drug use are present in the motion picture. PG - Parental Guidance Suggested A PG-rated motion picture should be investigated by parents before they let their younger children attend. The PG rating indicates, in the view of the Rating Board, that parents may consider some material unsuitable for their children, and parents should make that decision. The more mature themes in some PG-rated motion pictures may call for parental guidance. There may be some profanity and some depictions of violence or brief nudity. But these elements are not deemed so intense as to require that parents be strongly cautioned beyond the suggestion of parental guidance. There is no drug use content in a PG-rated motion picture. PG-13 - Parents Strongly Cautioned -Some material may be inappropriate for children under 13. A PG-13 rating is a sterner warning by the Rating Board to parents to determine whether their children under age 13 should view the motion picture, as some material might not be suited for them. A PG-13 motion picture may go beyond the PG rating in theme, violence, nudity, sensuality, language, adult activities or other elements, but does not reach the restricted R category. The theme of the motion picture by itself will not result in a rating greater than PG-13, although depictions of activities related to a mature theme may result in a restricted rating for the motion picture. Any drug use will initially require at least a PG-13 rating. More than brief nudity will require at least a PG-13 rating, but such nudity in a PG-13 rated motion picture generally will not be sexually oriented. There may be depictions of violence in a PG-13 movie, but generally not both realistic and extreme or persistent violence. A motion picture’s single use of one of the harsher sexually-derived words, though only as an expletive, initially requires at least a PG-13 rating. More than one such expletive requires an R rating, as must even one of those words used in a sexual context. The Rating Board nevertheless may rate such a motion picture PG-13 if, based on a special vote by a two-thirds majority, the Raters feel that most American parents would believe that a PG- 13 rating is appropriate because of the context or manner in which the words are used or because the use of those words in the motion picture is inconspicuous. R - Restricted -Under 17 requires accompanying parent or adult guardian. An R-rated motion picture, in the view of the Rating Board, contains some adult material. An R- rated motion picture may include adult themes, adult activity, hard language, intense or persistent violence, sexually-oriented nudity, drug abuse or other elements, so that parents are counseled to take this rating very seriously. Children under 17 are not allowed to attend R-rated motion pictures unaccompanied by a parent or adult guardian. Parents are strongly urged to find out more about R- rated motion pictures in determining their suitability for their children. Generally, it is not appropriate for parents to bring their young children with them to R-rated motion pictures. NC-17 - No One 17 and Under Admitted An NC-17 rated motion picture is one that, in the view of the Rating Board, most parents would consider patently too adult for their children 17 and under. No children will be admitted. NC-17 does not mean “obscene” or “pornographic” in the common or legal meaning of those words, and should not be construed as a negative judgment in any sense. The rating simply signals that the content is appropriate only for an adult audience. An NC-17 rating can be based on violence, sex, aberrational behavior, drug abuse or any other element that most parents would consider too strong and therefore off-limits for viewing by their children. If a film is not submitted for rating, the label NR (Not Rated) is used; however, "NR" is not an official MPAA classification. Meeting of May 18, 2009 (Item No. 6a) Page 4 Subject: First Reading of Ordinance Amendment to Sec. 3-101 Alcoholic Beverages and Film Showing ORDINANCE NO. ____ -09 ORDINANCE PROHIBITING THE DISPLAY OF CERTAIN FILMS IN ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES AMENDING CHAPTER 3: ALCOHOLIC BEVERAGES OF THE ST. LOUIS PARK CITY CODE THE CITY ST. LOUIS PARK DOES ORDAIN: Section 1. Chapter 3, Article II, Division 3, Section 3-101, of the St. Louis Park City Code is hereby amended by deleting stricken language and adding underscored language to read as follows: Sec. 3-101. Nudity on licensed premises. No liquor licensee shall: (8) Permit the showing of any film, still pictures, electronic reproduction or other visual reproductions that are deemed obscene or pornographic pursuant to state or federal law depicting any acts prohibited on the premises under subsections (1)--(7) of this section. Nothing in this section prohibits a licensed premise from the screening of any film or digital projection of motion pictures rated by the Motion Picture Association of America. SECTION 2. Effective Date. This ordinance shall take effect fifteen days after the date of its publication. First Reading May 18, 2009 Second Reading June 1, 2009 Date of Publication June 11, 2009 Date Ordinance takes effect June 26, 2009 Reviewed for Administration: Adopted by the City Council June 1, 2009 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of May 18, 2009 (Item No. 6a) Page 5 Subject: First Reading of Ordinance Amendment to Sec. 3-101 Alcoholic Beverages and Film Showing SUMMARY ORDINANCE NO. ___-09 ORDINANCE PROHIBITING THE DISPLAY OF CERTAIN FILMS IN ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES AMENDING CHAPTER 3: ALCOHOLIC BEVERAGES OF THE ST. LOUIS PARK CITY CODE This ordinance amends the liquor licensing provisions for the City of St. Louis Park concerning Alcoholic Beverages and the showing of certain films. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 1, 2009 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 11, 2009 Meeting Date: May 18, 2009 Agenda Item #: 6b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Public Hearing - Liquor Licenses for Rainbow Foods at 5370 16th Avenue. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from Roundy’s Supermarkets, Inc. for RBF, LLC of Wisconsin dba Rainbow Foods #8903 for an off-sale intoxicating liquor license and Rainbow Foods #8803 for an off-sale 3.2 % malt liquor license to be located at 5370 16th Avenue with the license term through March 1, 2010. POLICY CONSIDERATION: Does the Council wish to approve both liquor licenses for Rainbow Foods? BACKGROUND: The City received an application from Roundy’s Supermarkets, Inc. for RBF, LLC of Wisconsin doing business as Rainbow Foods #8903 (grocery store) and Rainbow Foods #8803 (liquor store) for off-sale intoxicating liquor and off-sale 3.2% malt liquor licenses. The establishment plans to begin operation in August 2009 at 5370 16th Street located in the new West End Development on the south side of Hwy 394 between Hwy 100 and Park Place Boulevard. The premise to be licensed consists of approximately 55,288 square feet to include a grocery store and liquor store with separate entrances to each. Roundy’s Supermarkets, Inc. is a company headquartered in Milwaukee operating 151 retail grocery stores in Wisconsin and Minnesota. The company has an annual revenue approaching $4 billion and employs nearly 19,000 employees throughout its entire network. The main principals involved are as follows: Darren Karst President & Chief Financial Officer Edward Kitz Vice President/Secretary/Treasurer Donald Rosanova Vice President William Dowling Vice President James Walker Store Manager/Director of Operations The applicant is currently working with the Inspections Department regarding food and beverage licensing, and the building permits were approved on February 3, 2009. Meeting of May 18, 2009 (Item No. 6b) Page 2 Subject: Public Hearing - Liquor Licenses for Rainbow Foods at 5370 16th Avenue The Police Department has conducted a full investigation and has found nothing in the course of their investigation that would warrant denial of the licenses. The application and Police report are on file in the Office of the City Clerk should Council members wish to review the information prior to the public hearing. The required public hearing legal notice was published in the Sun Sailor Newspaper on May 7, 2009. Should the Council approve the liquor licenses, no actual licenses will be issued to the applicant until all the required compliance is met with the City Inspections Department and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: The fees for new liquor licenses are found in Appendix A - Fee Schedule of the City Code. Fees for this applicant include $1,000 for a new license investigation fee, $380 for off-sale intoxicating liquor license, and $100 for off-sale 3.2 % malt liquor license (pro-rated). VISION CONSIDERATION: Not applicable Attachments: Map of Premises Map of Liquor Store Section Prepared by: Nancy Stroth, City Clerk Kris Luedke, Office Assistant Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 6b) Page 3 Subject: Public Hearing - Liquor Licenses for Rainbow Foods at 5370 16th Avenue Meeting of May 18, 2009 (Item No. 6b) Page 4 Subject: Public Hearing - Liquor Licenses for Rainbow Foods at 5370 16th Avenue Meeting Date: May 18, 2009 Agenda Item #: 8a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Accept Bids for the Tax Increment Refunding Bonds. RECOMMENDED ACTION: Motion to Approve Resolution Awarding the Sale of the $2,020,000 Taxable General Obligation Tax Increment Bonds, Series 2009A. POLICY CONSIDERATION: Does the City Council wish to issue bonds to provide interest rate savings in our TIF districts? BACKGROUND: On April 20, 2009 the City Council approved a resolution providing for the sale of $2,020,000 Taxable GO Tax Increment Bonds. . The bond proceeds will be used to refinance the existing pooled debt for our pre-79 TIF districts. We have an opportunity to call the existing bonds which are at 6% interest and can refund them at a lower rate to save interest costs. This bond issue is scheduled to be sold at 11:00 am on May 18, 2009. Results of the sale will be presented at the Council meeting that evening. In addition, the outcome of the city’s bond rating discussion with Standard & Poor’s will be presented. The resolution awarding the sale of bonds will be completed with the sale results and presented at the Council meeting. FINANCIAL OR BUDGET CONSIDERATION: These bonds are being sold only for interest rate savings. Issuance of the bonds will reduce the amount of pooled TIF debt that may need to be borne by non-increment funding sources. VISION CONSIDERATION: Not applicable. Attachment: Resolution Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 8a) Page 2 Subject: Accept Bids for the Tax Increment Refunding Bonds RESOLUTION NO. 09-____ RESOLUTION AWARDING THE SALE OF $_______________ TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2009A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Sale of Bonds. 1.01. It is hereby determined that: (a) the City has duly established the following project areas and tax increment districts: (i) Excelsior Boulevard Redevelopment Project; (ii) Oak Park Village Redevelopment Project; and (iii) the Highway 7 Development District (collectively referred to herein as the "Districts") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, Chapter 472A, and Sections 469.174 to 469.179 and predecessor statutes (Act); (b) the control, authority and operation of the Districts were transferred to the St. Louis Park Economic Development Authority (Authority) by Resolution No. 88-134 of the City, pursuant to Minnesota Statutes, Section 469.094; and (c) by Resolution No. 90-4 of the Authority and Resolution No. 90-29 of the City, the geographical areas of the project areas associated with the Districts were expanded and joined (such expanded coterminous area is referred to herein as the “Project Area”); and (d) the City is authorized by Section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public development and redevelopment costs (the “Costs”) related to the Project Area as identified in the redevelopment plan and program and tax increment financing plan (the “Plans”) for the Districts; (e) the City is authorized by Minnesota Statutes, Chapter 475 (Act) and Section 475.67, subdivision 3, of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; Meeting of May 18, 2009 (Item No. 8a) Page 3 Subject: Accept Bids for the Tax Increment Refunding Bonds (f) Section 475.67, subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; (g) it is necessary and desirable to reduce debt service costs that the City issue $____________ Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A (the “Bonds”) to refund certain outstanding general obligations of the City, the proceeds of which have been or may be used to pay certain costs in the Project Area; (h) the outstanding bonds to be refunded (the “Refunded Bonds”) consist of the $7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A, dated May 1, 2001, of which $1,935,000 in principal amount is currently outstanding and is callable on July 1, 2009. (i) the Mayor and City Manager are authorized and directed to execute a Tax Increment Pledge Agreement between the City and the Authority (the “Pledge Agreement”) in substantially the form on file in City Hall, pursuant to which the Authority pledges certain pre-79 Available Tax Increment and Highway 7 Available Tax Increment (as defined in the Pledge Agreement) to pay principal of and interest on the Bonds. 1.02. The proposal of ________________________________________ (Purchaser) to purchase $_________ Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A (the “Bonds”) of the City described in the Official Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Date of Maturity Interest Rate Date of Maturity Interest Rate 8/1/2009 8/1/2010 2/1/2010 2/1/2011 True interest cost: _________ 1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of $_________ will be credited to the Debt Service Fund hereinafter created or applied to refunding of the Refunded Bonds as determined by the City’s Financial Advisor. The City Manager is directed to retain the good faith check of the Purchaser pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. Meeting of May 18, 2009 (Item No. 8a) Page 4 Subject: Accept Bids for the Tax Increment Refunding Bonds 1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 469 (Act) in the total principal amount of $_________, originally dated June 11, 2009, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 and August 1, without option of prior payment, in the years and amounts as follows: Date of Date of Maturity Amount Maturity Amount 8/1/2009 8/1/2010 2/1/2010 2/1/2011 1.05. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2009, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in Meeting of May 18, 2009 (Item No. 8a) Page 5 Subject: Accept Bids for the Tax Increment Refunding Bonds the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. Meeting of May 18, 2009 (Item No. 8a) Page 6 Subject: Accept Bids for the Tax Increment Refunding Bonds 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The City reserves the right to designate a successor Registrar, in which case the following terms apply. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: Meeting of May 18, 2009 (Item No. 8a) Page 7 Subject: Accept Bids for the Tax Increment Refunding Bonds No. R-_____ UNITED STATES OF AMERICA $__________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2009A Date of Rate Maturity Original Issue CUSIP June 11, 2009 Registered Owner: Cede & Co. The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2009, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Meeting of May 18, 2009 (Item No. 8a) Page 8 Subject: Accept Bids for the Tax Increment Refunding Bonds This Bond is one of an issue in the aggregate principal amount of $____________ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on May 18, 2009 (the “Resolution”), for the purpose of providing money to aid in refinancing public redevelopment costs in a redevelopment project (the “Project Area”) in the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.179, the Minnesota Tax Increment Financing Act, and Minnesota Statutes, Sections 469.001 through 469.047, and the principal hereof and interest hereon are payable primarily from tax increments resulting from increases in taxable valuation of real property in certain tax increment financing districts within the Project Area as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency of tax increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. Meeting of May 18, 2009 (Item No. 8a) Page 9 Subject: Accept Bids for the Tax Increment Refunding Bonds IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF ST. LOUIS PARK, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative _________________________________ The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________ in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. Meeting of May 18, 2009 (Item No. 8a) Page 10 Subject: Accept Bids for the Tax Increment Refunding Bonds ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: __________________________________________ __________________________________________ __________________________________________ (Include information for all joint owners if this Bond is held by joint account.) Meeting of May 18, 2009 (Item No. 8a) Page 11 Subject: Accept Bids for the Tax Increment Refunding Bonds Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Finance Director Cede & Co. _____________________ Federal ID #13-2555119 _______________________ 3.02. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A Debt Service Fund (the “Debt Service Fund”) hereby created, and pre-79 Available Tax Increment and Highway 7 Available Tax Increment (as defined in the Pledge Agreement) received by the City from the Authority pursuant to the Pledge Agreement is hereby pledged to the Debt Service Fund. (b) The debt service fund, if any, heretofore established for the Refunded Bonds as defined in the resolution providing for the issuance and sale of the Bonds, is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Director of Finance will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the pledged tax increments when collected. (c) There is hereby appropriated to the Debt Service Fund any amount over the minimum purchase price of the Bonds paid by the Purchaser to the extent so directed for deposit in accordance with Section 1.03 hereof. Meeting of May 18, 2009 (Item No. 8a) Page 12 Subject: Accept Bids for the Tax Increment Refunding Bonds 4.02. It is determined that estimated collection of tax increments pledged by the Authority under the Pledge Agreement for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.03. The City Clerk is directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. 4.04. It is hereby determined that upon the receipt of proceeds of the Bonds (the “Proceeds”) that an irrevocable appropriation to the debt service fund for the Refunded Bonds will have been made within the meaning of Section 475.61, Subdivision 3 of the Act and the City Manager is hereby authorized and directed to certify such fact to and request the Taxpayer Services Division Manager to cancel any and all tax levies made by the resolution authorizing and approving the Refunded Bonds. Section 5. Refunding; Findings; Redemption of Refunded Bonds. 5.01. The Refunded Bonds are the Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A, of the City, dated May 1, 2001, of which $1,935,000 in principal amount is callable on July 1, 2009. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality. 5.02. There is hereby appropriated for payment of principal and interest on the Refunded Bonds all Proceeds, less amounts deposited in the Debt Service Fund under Section 4.01 and less all amounts needed to pay costs of issuance of the Bonds as determined by the Finance Director. 5.03. The Refunded Bonds maturing on August 1, 2009 and thereafter will be redeemed and prepaid on such date or dates as the Finance Director determines. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Exhibit B which terms and conditions are hereby approved and incorporated herein by reference. The Finance Director shall give a notice of call to the trustee for the Refunded Bonds (the “Trustee”) who is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. Meeting of May 18, 2009 (Item No. 8a) Page 13 Subject: Accept Bids for the Tax Increment Refunding Bonds Section 6 Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, City Manager, City Clerk and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Meeting of May 18, 2009 (Item No. 8a) Page 14 Subject: Accept Bids for the Tax Increment Refunding Bonds Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Meeting of May 18, 2009 (Item No. 8a) Page 15 Subject: Accept Bids for the Tax Increment Refunding Bonds Section 8. Defeasance. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Section 9. Continuing Disclosure. 9.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member _________________________, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Meeting of May 18, 2009 (Item No. 8a) Page 16 Subject: Accept Bids for the Tax Increment Refunding Bonds STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ST. LOUIS PARK ) I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on May 18, 2009 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $______________ Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this ______ day of _______________, 2009. City Clerk St. Louis Park, Minnesota (SEAL) Meeting of May 18, 2009 (Item No. 8a) Page 17 Subject: Accept Bids for the Tax Increment Refunding Bonds STATE OF MINNESOTA DIRECTOR OF PROPERTY TAXATION'S CERTIFICATE AS TO COUNTY OF HENNEPIN REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Director of Property Taxation of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of St. Louis Park, Minnesota, on May 18, 2009, relating to Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A, in the amount of $_________, dated June 11, 2009, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this ____ day of ____________, 2009. _____________________________ Director of Property Taxation Hennepin County, Minnesota (SEAL) By___________________________ Deputy Meeting of May 18, 2009 (Item No. 8a) Page 18 Subject: Accept Bids for the Tax Increment Refunding Bonds EXHIBIT A PROPOSALS Meeting of May 18, 2009 (Item No. 8a) Page 19 Subject: Accept Bids for the Tax Increment Refunding Bonds EXHIBIT B NOTICE OF CALL FOR REDEMPTION $7,650,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2001A CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of St. Louis Park, Hennepin County, Minnesota, there have been called for redemption and prepayment on JULY 1, 2009 all outstanding bonds of the City designated as Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A, dated May 1, 2001, having a stated maturity date of February 1 and August 1, totaling $1,935,000 in principal amount as follows: Year of Maturity Amount CUSIP Number 8/1/2009 $460,000 791740 RL9 2/1/2010 480,000 791740 RM7 8/1/2010 490,000 791740 RN5 2/1/2011 505,000 791740 RP0 The bonds are being called at a price of par plus accrued interest to July 1, 2009, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the office of the City of St. Louis Park Finance Director, St. Louis Park, on or before July 1, 2009. Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Meeting of May 18, 2009 (Item No. 8a) Page 20 Subject: Accept Bids for the Tax Increment Refunding Bonds Dated: May 18, 2009. BY ORDER OF THE CITY COUNCIL By Nancy Stroth City Clerk City of St. Louis Park, Minnesota Meeting Date: May 18, 2009 Agenda Item #: 8b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Groves Academy – Major Amendment to Special Permit. RECOMMENDED ACTION: Motion to Adopt Resolution approving a major amendment to the existing special permit for Groves Academy to allow a 14,000 square foot, two story addition and parking lot reconstruction at 3200 State Highway 100 South. POLICY CONSIDERATION: Is the proposed use consistent with the intent of the Zoning Ordinance and the Comprehensive Plan? BACKGROUND: Description of Request: The applicant is proposing to construct a 14,000 square foot, two story addition to the school and reconstruct the parking lot. There is an existing special permit on the property and the proposed changes require a major amendment to the special permit. Location: 3200 State Highway 100 Zoning: Single Family Residential (R-2) Adjacent Land Uses: West –Single family homes North – Apartments (R-4) East – State Highway 100 South - State Highway 7 Meeting of May 18, 2009 (Item No. 8b) Page 2 Subject: Groves Academy – Major Amendment to Special Permit Groves Academy: The following description of the academy is taken from the Groves Academy Website, www.grovesacademy.org. Groves Academy is a private, independent, day school for students who have learning disabilities or attention disorders. Located in St. Louis Park, MN, a first-ring suburb of Minneapolis, Groves is the only school of its kind in the state. Groves has provided exemplary full-day and outreach programs to the Twin Cities community for over 30 years. The Groves full-day program, accredited through ISACS (Independent Schools Association of the Central States) enrolls 180 students in grades 1 through 12. Average class sizes of eight, research-based instruction, and a supportive, personalized environment enable each student to have a positive school experience and achieve academic success. Some students graduate from Groves; others stay at Groves for three or four years before transitioning to a school where they can successfully apply the skills and strategies they learned at Groves. The Groves outreach program supports students, families and educators throughout the Twin Cities community. Outreach opportunities include diagnostic assessments, individual tutoring, summer school programs, community outreach workshops, teacher training, and an annual college fair. Outreach services benefit students and also allow interested adults to learn from the expertise and experience of Groves teachers. At the same time, outreach efforts help Groves stay current in the field of learning disabilities and up-to-date with advances in research-based instruction. The original Groves Learning Center was started in 1972 by a group of parents who did not want to have to send their learning disabled children to east coast schools in order to receive the kind of education that would help them become academically successful. Groves Academy moved to its current location in 1982. A major renovation was completed in 2002 to update facilities and add additional classrooms. Development Proposal: The applicant is proposing the following: • Construct a 14,000 square foot, two story building addition to the existing school. • Remove the existing parking lot and driveways. • Build a new parking lot and driveways. • Provide proof of parking for future parking, if needed. • Enlarge the existing storm water pond. The proposed expansion and remodel would enable the school to increase it’s enrollment by another 50 students for a potential total enrollment of approximately 230 students, and improve the quality of education by updating technology and outreach capabilities. Meeting of May 18, 2009 (Item No. 8b) Page 3 Subject: Groves Academy – Major Amendment to Special Permit Building Addition: The addition is proposed to be located at the south east corner of the existing building. The addition will face the parking lot on the south side of the building, and Highway 100 on the east side. The existing building is located 52 feet from the west property line, which is shared in common with single family homes. The proposed addition will also be located 52 feet from the west property line. The addition will be constructed of brick and glass, matching the existing building. More than half of the addition provides space for administration. The remaining space is a multi- purpose room adjacent to the gym, restrooms, and additional small classrooms for tutoring. The addition will be completed in conjunction with an interior remodel to create a new media center. Outdoor Play Area/Open Space: City code does not require an outdoor play area; however, the school does have a ball field and play structures located on the south ¼ of the lot. In addition to these play areas, the school building also wraps around an exterior courtyard that is used for educational and recreational purposes. Parking: There are 119 parking spaces existing on the site, as required by the special permit. This number was determined by the parking formulas in place in 2000, and by evaluating how the building was proposed to be used at that time. Proposed Existing Proposed Addition View from Highway 100 Meeting of May 18, 2009 (Item No. 8b) Page 4 Subject: Groves Academy – Major Amendment to Special Permit To determine the required parking for the proposed remodel and expansion, staff looked at how the building is proposed to be used after it reopens in fall of 2009. The required parking is determined by the following formulas: • Elementary and Junior High – two spaces per classroom. • High school – one space per four students based on building capacity, plus one space for each two classrooms. Groves Academy teaches first through twelfth grade students, and a large portion of the building is shared between all grade levels. Since first through twelfth grades are taught, both parking formulas are applied to the building. Staff applied the high school formula to the shared spaces, which results in the most required parking, and is a worse case scenario. Alternatively, the elementary/junior high school formulas could have been applied to the shared spaces, however, this option could result with insufficient parking if the school were to increase its high school enrollment in the future. • Applying the high school parking ratio to the shared areas results in 207 required parking spaces. • If the elementary/junior high school parking ratios are applied to the shared areas, then 142 parking spaces would be required for the entire school. The applicant believes they have a current and future need for fewer than 92 spaces, and to that end, they are proposing to construct 92 spaces, and provide a proof of parking for an additional 117 spaces. The proof of parking would give them the ability to provide a total of 209 parking spaces if the need for them should arise. This exceeds the number of spaces required by the city when applying the strictest interpretation to determine the number of required parking spaces. Staff inspected the parking lot on a few occasions after receiving this application, and noted approximately 50 vehicles parked on the lot each time. The applicant also submitted a letter (attached) explaining their need for parking. The applicant states that the 92 spaces they propose to construct are more than sufficient to meet their current and future need. Landscaping: Thirty-two trees will be removed from the parking lot and driveway areas. Trees will be planted in the new parking lot and along the frontage road. Additional trees will be planted on the site to meet the tree replacement requirement resulting from the trees removed from the parking lot. Storm Water: There is an existing storm water pond located on the southeast corner of the property. This pond will be cleaned and enlarged to meet storm water quality and rate control requirements. Meeting of May 18, 2009 (Item No. 8b) Page 5 Subject: Groves Academy – Major Amendment to Special Permit Student Pick-Up/Drop-off: The existing student drop off area is sufficient for morning traffic; however, the afternoon student pick-up traffic typically extends slightly onto the frontage road. While the stacking currently extends onto the frontage road, it does not extend far enough to interfere with the highway 100 entrance ramp located 100 feet to the north of the entrance to the pick-up lane. Also, the frontage road services only Groves Academy, and therefore, when stacking has extended into the frontage road in the past, it has not created a nuisance for other properties. The proposed modifications to the parking lot and student pick-up/drop-off lanes are designed to slightly increase the stacking lane capacity, increase the student loading area by expanding the sidewalk area in front of the school, and create a more efficient flow of traffic with the intent of reducing the potential for stacking to extend onto the frontage road. Proposed stacking lane Existing stacking lane Expanded sidewalk Meeting of May 18, 2009 (Item No. 8b) Page 6 Subject: Groves Academy – Major Amendment to Special Permit Public Process: Neighborhood Meeting: A neighborhood meeting was held on May 4, 2009. Two people were in attendance. The proposal was well received, and no concerns were expressed. Planning Commission: A public hearing was conducted on May 6, 2009. No comments were received from the public. The Commission recommended approval (7-0). FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Recommendation: Staff recommends approval of the proposed major amendment to the existing special permit for a 14,000 square foot building addition and parking lot reconstruction, subject to the following conditions: 1. The special permit shall be amended to add the following conditions: a. A financial guarantee shall be submitted to guarantee the installation of landscaping, parking lot, storm water and sidewalk improvements. b. Proof of parking spaces shall be constructed as required by the city at any such time as the city determines the spaces are needed as evidenced by vehicles parking on the street and/or parking outside of the existing paved parking lot. c. The site shall be constructed in accordance to the attached exhibits. Attachments: Resolution Site Plan Building Elevations Aerial Photograph Letter from Applicant Regarding Parking Application 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 May 18, 2009 (Item No. 8b) Page 7 Subject: Groves Academy – Major Amendment to Special Permit RESOLUTION NO. 09-___ Amends and Restates Resolution No. 01-062 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 01-062 ADOPTED ON JULY 16, 2001, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-33(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A 14,000 SQUARE FOOT ADDITION AND PARKING LOT RECONSTRUCTION AT 3200 STATE HIGHWAY 100 SOUTH FINDINGS WHEREAS, Groves Academy has made application to the City Council for an amendment to an existing special permit under Section 36-33(2) of the St. Louis Park Ordinance Code to allow a 14,000 square foot addition and parking lot reconstruction at 3200 State Highway 100 South within a R-2 Single Family Residential Zoning District having the following legal description: Lots one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9) and ten (10), inclusive, “Oak Park 2nd”, according to the recorded plat thereof, being also described as the South eight hundred fifty (850) feet of that part of the Northwest one-quarter (NW ¼) of the Northwest one-quarter (NW ¼) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West of the Fourth Principal Meridian lying East of the West 172.7 feet thereof and West of State Highway No. 100, according to the United States Government survey thereof The South 850 feet of the West 172.7 feet of the West one-half (W ½) of the West one-half (W ½) of the Northwest quarter (NW ¼) of the Northwest quarter (NW ¼) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West of the Fourth Principal Meridian according to the United States Government Survey thereof Lot 29 in “Norwaldo” according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, Minnesota. Together with that part of vacated alley lying between the extensions Easterly of the Northerly and Southerly lines of said Lot 29, as vacated in Document No. 1621176. (Abstract and Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 01-30-SP and 09-11-SP and the effect of the proposed addition and parking lot reconstruction on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 01- 062 of the St. Louis Park City Council dated July 16, 2001 which contained conditions applicable to said property; and Meeting of May 18, 2009 (Item No. 8b) Page 8 Subject: Groves Academy – Major Amendment to Special Permit WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 01-062, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case No. 01-30-SP and 09-11-SP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 01-062 filed as Document No. 3437610 is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a 14,000 square foot addition and a parking lot reconstruction within the R-2 Single Family Residential District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A, Site Plan, as modified by the addition of eleven parking spaces. 2. Any new planting improvements on the site plan shall be completed by October 15, 1982. 3. The continued special permit shall be amended on October 4, 1999 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibits B through H, Exhibit E to be revised per condition b.3) below, and condition 5 (amended July 2, 2001), such documents incorporated by reference herein. b. Prior to any site work, the applicant shall comply with the following: 1) Obtain an erosion control permit from the Minnehaha Creek Watershed District and forward a copy of permit to the City. 2) Obtain written permission from MNDOT for storm sewer pipe on public right of way and driveway access changes along Highway 100 frontage road. 3) Exhibit E, Elevations, shall be revised to show no more than 10% Class III materials on any façade. In addition, building materials samples shall be submitted to and approved by the Zoning Administrator and Planning Supervisor to ensure architectural integration and compatibility of all materials used. c. Approval of a building permit, which may impose additional requirements. d. A sign permit shall be obtained prior to installation of any new signage. e. If it becomes necessary to increase the number of parking stalls to meet City requirements for the approved building expansion, an increase of up to 10 stalls may be approved administratively, provided that setback and bufferyard requirements are met. f. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Meeting of May 18, 2009 (Item No. 8b) Page 9 Subject: Groves Academy – Major Amendment to Special Permit 4. The continued special permit shall be amended on December 18, 2000 to incorporate all of the preceding conditions and extend the time to obtain a building permit to August 31, 2001. 5. The continued special permit shall be amended on July 16, 2001 to incorporate all of the preceding conditions and to approve the proposed amendment to Exhibit E Elevations dated as received by the City on July 9, 2001 subject to the following conditions: a. The south elevation of the gymnasium shall be all brick. b. A 10-foot high wainscoting of brick shall be added on the west and east elevations. 6. The special permit shall be amended on May 18, 2009 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with exhibits incorporated by reference herein. b. A financial guarantee shall be submitted to guarantee the installation of landscaping, parking lot, storm water and sidewalk improvements. c. Proof of parking spaces shall be constructed as required by the city at any such time as the city determines the spaces are needed as evidenced by vehicles parking on the street and/or parking outside of the existing paved parking lot. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Reviewed for Administration: Adopted by the City Council May 18, 2009 City Manager Mayor Attest: City Clerk Apr 06, 2009 - 12:29pm - User:528 L:\PROJECTS\DJR18135\dwg\Engineering\18135-02-EXCOND.dwgC2.01EXISTINGCONDITIONS/DEMOLITION PLANClientProjectLocationCertificationSheet TitleSummaryRevision HistorySheet NumberRevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved: Book / Page:Phase: Initial Issue:DJRARCHITECTURE,INC.MINNEAPOLIS, MN.GROVES ACADEMYBUILDINGADDITIONST. LOUIS PARK,MN.CJBERWMCA--/--PRELIMINARY04/03/2009DJR18135LEGENDFOUND MONUMENTSET MONUMENTELECTRIC METERLIGHTSANITARY SEWERSTORM SEWERWATERMAINFLARED END SECTIONELECTRIC TRANSFORMERAIR CONDITIONERGUY ANCHORHANDICAP STALLUTILITY POLEGUARD POSTBOLLARDSIGNTELEPHONE PEDESTALUEUTUGGAS METEROVERHEAD WIREOWCHAIN LINK FENCEIRON FENCEWIRE FENCEWOOD FENCEEASEMENT LINESETBACK LINERIGHT OF ACCESSBUILDING LINEBUILDING CANOPYCONCRETE CURBBITUMINOUS SURFACECONCRETE SURFACELANDSCAPE SURFACEDECIDUOUS TREECONIFEROUS TREESAWCUT PAVEMENTPAVEMENT/CURB/SIDWALKTO BE REMOVEDLEGAL DESCRIPTIONPARCEL AThe South 850 feet of the West 172.7 feet of the West One-Half (W1/2) of the Northwest Quarter (NW1/4) of the NorthwestQuarter (NW1/4) of Section Six (6), Township Twenty-Eight (28) North, Range Twenty-Four (24) West of the Fourth PrincipalMeridian according to the United States Government Survey thereof,AndLots One (1), Two (2), Three (3) Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), and Ten (10), inclusive, "OAK PARK2ND", according to the recorded plat thereof, being also described as the South Eight Hundred Fifty (850) feet of that part of theNorthwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Six (6), Township Twenty-Eight (28) North, RangeTwenty-Four (24) West of the Fourth Principal Meridian lying East of the West 172.7 feet thereof and West of State Highway No.100, according to the United States Government Survey thereof, Hennepin County, Minnesota.PARCEL BLot 29, in "NORWALDO", according to the plat thereof on file and of record in the office of the Register of Deeds of HennepinCounty, Minnesota. Together with that part of vacated alley lying between the extensions Easterly of the Northerly and Southerlylines of said Lot 29, as vacated in Document No. 1621176.Hennepin County, MinnesotaAbstract Property (Parcel A)Torrens Property (Parcel B)Torrens Certificate No. 697816TREE TO BE REMOVEDMeeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special Permit Page 10 Apr 06, 2009 - 12:29pm - User:528 L:\PROJECTS\DJR18135\dwg\Engineering\18135-03-SITE.dwgC3.01SITE PLANRegistration No.I hereby certify that this plan, specification or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Professional ENGINEERunder the laws of the State of Minnesota.If applicable, contact us for a wet signed copy of this plan which isavailable upon request at McCombs Frank Roos Associates, Inc.,Plymouth, MN office.Date:23450Mark C. Anderson04/03/2009ClientProjectLocationCertificationSheet TitleSummaryRevision HistorySheet NumberRevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved: Book / Page:Phase: Initial Issue:DJRARCHITECTURE,INC.MINNEAPOLIS, MN.GROVES ACADEMYBUILDINGADDITIONST. LOUIS PARK,MN.CJBERWMCA--/--PRELIMINARY04/03/2009DJR18135DEVELOPMENT NOTESA. ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.B. ALL DIMENSIONS SHOWN ARE TO THE FACE OF CURB TO FACE OF CURB UNLESS OTHERWISE NOTED. BACK OF CURBIS SHOWN GRAPHICALLY ONLY.C. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.D. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF EXITPORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS.E. REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS.F. CONSTRUCTION OF SIDEWALKS (RAMPS) WITH A SLOPE GREATER THAN 1:20 OR 5% SHALL COMPLY WITH ADASTANDARDS. A SLIP RESISTANT SURFACE SHALL BE PROVIDED ON THESE SIDEWALK SURFACES. HANDRAILS SHALLBE CONSTRUCTED IN ACCORDANCE WITH ADA STANDARDS ON BOTH SIDES OF THE SIDEWALK (RAMP).G. "NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY.H. RETAINING WALL(S) SHALL BE CONSTRUCTED OF MODULAR BLOCK MATERIAL. THE BLOCK SHALL BE ROCK FACEDWITH A BEVELED FRONT FACE, AND SHALL HAVE A MOSTLY, TAN HUE IN COLOR. THE CONTRACTOR SHALL SUBMITTO THE ENGINEER AND LOCAL AUTHORITY CERTIFIED ENGINEERING DRAWINGS, DESIGN CALCULATIONS AND SOILBORINGS. THE CERTIFIED ENGINEER FOR THE RETAINING WALL SHALL PROVIDE CONSTRUCTION OBSERVATIONS OFTHE RETAINING WALL IMPROVEMENT, AND A LETTER CERTIFYING THE INSTALLATION OF THE WALL WERECONSTRUCTED IN CONFORMANCE WITH THE PLANS AND SPECIFICATIONS.TELEPHONEELECTRICGAS LINEFORCEMAIN (SAN.)EASEMENTWATERMAINSANITARY SEWEREXISTINGPROPOSEDSTORM SEWERCURB & GUTTERDRAINTILELEGENDOUTFALL CURBRETAINING WALLCHAIN LINK FENCEDRAINTILEELEMENTARY & JUNIOR HIGH CLASSROOMSHIGH SCHOOL CLASSROOMSTOTAL REQUIRED PARKINGREDUCTION FOR 1/4 MILE PROXIMITY TO TRANSITTOTAL REVISED PARKING REQUIREMENT21 x 2 STALLS PER CLASSROOM18 x 1 STALL PER 2 CLASSROOMS714 x 1 STALL PER 4 STUDENTS42 STALLS9 STALLS179 STALLS230 STALLS-90 STALLS207 STALLSPARKING REQUIREMENTSELEMENTARY & JUNIOR HIGH CLASSROOMSHIGH SCHOOL CLASSROOMSHIGH SCHOOL STUDENTS BASED ON ENROLLMENTTOTAL REQUIRED PARKINGTOTAL PROVIDEDPROOF OF PARKING STALLS(NOT CONSTRUCTED TO BE LOCATED AT WEST SIDE OF BUILDING AND AT PLAYFIELD)21 x 2 STALLS PER CLASSROOM18 x 1 STALL PER 2 CLASSROOMS144 x 1 STALL PER 4 STUDENTS42 STALLS9 STALLS36 STALLS87 STALLS92 STALLS117 STALLS209 TOTAL POSSIBLE STALLS 92 CONSTRUCTEDPARKING PROVIDEDSITE AREAGROUND FLOOR AREATOTAL FLOOR AREAGROUND FLOOR AREA RATIOTOTAL FLOOR AREA RATIO224,522 SF61,977 SF106,934 SF.276.476SITE AREAIMPERVIOUS AREAIMPERVIOUS RATIO224,522 SF115,069 SF.513 (.541 Existing)BUILDING HEIGHTSETBACKSUSABLE OPEN SPACE(PLAYFIELD & COURTYARD)30' ALLOWED30' ACTUAL50' FROM RES. DISTRICT, 25' FROM FRONT ALLOWED53' FROM RES. DISTRICT, 35' FROM FRONT PROPOSED52,065 SF PROPOSEDSITE AREABUILDING AREAUSE224,522 SF, 5.15 ACRES 106,934 SFSCHOOL: ELEMENTARY, JUNIOR HIGH, HIGH SCHOOL, & LIMITED POST-SECONDARYPROGRAMPARKING CALCULATIONSSITE DATAMeeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special PermitPage 11 These renderings are for illustrative purposes only. Please see physical material samples for actual colors and textures.GROVES ACADEMYSt. Louis Park, MinnesotaEast Exterior Renderings April 30, 200900-0112.0Meeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special Permit Page 12 Meeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special Permit Page 13 Meeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special Permit Page 14 Meeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special Permit Page 15 Meeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special Permit Page 16 Meeting of May 18, 2009 (Item No. 8b) Subject: Groves Academy – Major Amendment to Special Permit Page 17 Meeting Date: May 18, 2009 Agenda Item #: 8c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Comprehensive Plan – Approve for Review Submission. RECOMMENDED ACTION: Motion to approve sending draft Comprehensive Plan to adjacent jurisdictions for 6-month review. POLICY CONSIDERATION: Is the Draft Comprehensive Plan acceptable to send out for comment? BACKGROUND: The Draft Comprehensive Plan is now available and we would like to begin the required 6-month review process. The intent is to transmit the Plan to surrounding cities and jurisdictions for review, and also submit it to the Met Council for informal review. Over the ensuing 6 months, we will be able to continue to fine-tune the plan, as well as gain additional public input on it. An outline of the plan is attached, showing which Vision area each chapter addresses. We are setting up an electronic location for the City Council to view the Comprehensive Plan chapters, and will email you the notification of its availability and a link. SUMMARY OF PLAN CHAPTERS: I. Vision St. Louis Park – Summarizes the Vision process and how it informs the Comprehensive Plan. II. Comprehensive Planning – Expresses St. Louis Park as a community that is continually renewing itself. III. Who We Are - Demographics – Addresses the human side of our community. Shows our current demographics, projections to 2030 and summarizes future trends. IV. Why We are a Livable Community – Describes the values of and future for a Livable Community. This includes Local History, Land Use, Economic Development and Redevelopment, Housing, and Historic Preservation sections (and Plan by Neighborhood in the future). Land use addresses future land uses and proposed changes and studies needed. Economic development and redevelopment incorporates the “Top 10” and other areas to focus on for future redevelopment. Housing – keeps the goals and policies from the Housing Summit and updates and reorganizes relevant information. V. Connecting Our Community – Transportation – Stresses the importance of community connections. Includes Highways and Streets, Transit, Bicycles and Pedestrians, Freight Rail, and Aviation sections. Meeting of May 18, 2009 (Item No. 8c) Page 2 Subject: Comprehensive Plan – Approve for Review Submission VI. Where We Gather – Cultural Associations – Shows the many cultural associations and gathering spaces the community values. Includes Parks, Open Space and Natural Resources, Schools and Other Gathering Places, Arts and Culture Initiatives. VII. Environmental Stewardship – Provides the backbone for many existing and new green initiatives. Includes Environmental Resources, Public Health, Solid Waste, Water System, Sanitary Sewer, Surface Water, and other utilities. Changes have been made to meet utility requirements of Met Council, watersheds and other agencies. Separate plans will include a Storm Water Management Plan, an Inflow and Infiltration Plan and a Water Supply Plan, all of which are required by law. VIII. How We Govern – Presents the City’s approach to governing. Includes City Organization, Public Safety, Public Facilities, Communications, Budgeting and Capital Improvements. Attached are the Existing Comprehensive Plan Land Use Map and the proposed Future Land Use Map showing areas of proposed changes – in particular changes for a new category of “Business Park” as discussed at the May 11 Study Session. Planning staff is planning to meet with property owners of these properties to discuss the proposed changes and obtain more information on the properties. FINANCIAL OR BUDGET CONSIDERATION: This process has been planned and budgeted for through the Development Fund. VISION CONSIDERATION: The Vision process undertaken in 2006 provides the basis for the direction of our Comprehensive Plan. All of the Vision elements will be incorporated throughout the plan. In this way, we build each Vision element into our goals, policies and action plans to be implemented on a daily and weekly basis. Attachments: Comprehensive Plan Issues Map Comprehensive Plan Outline with Vision areas Existing Comprehensive Plan Land Use Map Proposed Future Comprehensive Plan Land Use Map Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of May 18, 2009 (Item No. 8c) Page 3 Subject: Comprehensive Plan – Approve for Review Submission Meeting of May 18, 2009 (Item No. 8c) Page 4 Subject: Comprehensive Plan – Approve for Review Submission St. Louis Park’s Comprehensive Plan I. Comprehensive Planning Vision Area II. Vision St. Louis Park III. Who We Are - DDDeeemmmooogggrrraaappphhhiiicccsss A. Our Population, Households and Employment 1. Historical Data 2. 2030 Projections B. Trends for the Future Being a connected and engaged community IV. Why We are a Livable Community – LLLaaannnddd UUUssseee A. Local History B. Land Use Plan C. Redevelopment Plan Being a connected and engaged community D. Housing Plan E. Historic Preservation Providing a well-maintained and diverse housing stock F. Plan By Neighborhood Being a connected and engaged community V. Connecting Our Community - TTTrrraaannnssspppooorrrttt aaattt iiiooonnn A. Highways and Streets B. Transit C. Bicycles and Pedestrians D. Freight Rail E. Aviation Being a connected and engaged community VI. Where We Gather – CCCuuullltttuuurrraaalll AAAssssssooo ccciiiaaatttiiiooonnnsss A. Parks and Open Space B. Schools and Other Gathering Places C. Arts and Culture Being a connected and engaged community Promoting and integrating arts, culture and community aesthetics in all city initiatives VII. Environmental Stewardship - RRReeesssooouuurrrccceeesss A. Environmental Resources B. Public Health C. Solid Waste D. Water System E. Sanitary Sewer F. Surface Water G. Other utilities Being a leader in environmental stewardship VIII. How We Govern - IIImmmpppllleeemmmeeennntttaaatttiiiooonnn A. City Organization B. Public Safety Being a connected and engaged community C. Public Facilities Being a leader in environmental stewardship D. Communications E. Budgeting and Capital Improvements Being a connected and engaged community Meeting of May 18, 2009 (Item No. 8c) Page 5 Subject: Comprehensive Plan – Approve for Review Submission Meeting of May 18, 2009 (Item No. 8c) Page 6 Subject: Comprehensive Plan – Approve for Review Submission