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HomeMy WebLinkAbout2009/06/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA JUNE 1, 2009 5:30 p.m. SPECIAL STUDY SESSION – Council Chambers (Box Lunch Dinner Served) Discussion Items 1. 5:30 p.m. Legislative Update 2. 6:30 p.m. Highway 7 / Wooddale Avenue 7:25 p.m. Adjourn 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Congressman Keith Ellison 3. Approval of Minutes 3a. City Council Minutes May 18, 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 -- None 6a. Public Hearing - Liquor License for Kerasotes Theatres. Recommended Action: Mayor to close public hearing. Motion to approve application from Kerasotes Showplace Theatres, LLC, dba Showplace 14 #8863 for an on-sale intoxicating and Sunday liquor license to be located at 1625 West End Boulevard with the license term through March 1, 2010. Meeting of June 1, 2009 City Council Agenda 6b. Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 Recommended Action: 1. Close public hearing. 2. Motion to approve the first reading of the attached ordinance authorizing creation of Special Service District #6 and to schedule the 2nd reading of the ordinance for June 15, 2009. 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items -- None 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 June 1, 2009 City Council Agenda 4. CONSENT CALENDAR 4a. Waive second reading and adopt Ordinance amending Chapter 3 Section 3-101 of the St. Louis Park Code of Ordinances concerning alcoholic beverages and the showing of certain films; and approve the summary ordinance for publication 4b. amend Exhibit C of Resolution 09-045 Imposing a Service Charge for Special Service District No. 5 located along Park Place Boulevard between I-394 and Cedar Lake Road 4c. Approve payment to School District #283 of $53,000 from Cable TV franchise fees in 2009, which includes an operations grant of $35,000, an equipment grant of $14,000 and $4,000 to support the Junior High video club 4d. Adopt Resolution accepting this report, establishing and ordering Improvement Project No. 2009-2101, approving plans and specifications, and authorizing advertisement for bids 4e. Adopt Resolution authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, Monterey Drive, & Wolfe Parkway adjacent to the Excelsior & Grand development 4f. Adopt Resolution authorizing traffic controls at Lake Street West and Zarthan Avenue South 4g. Adopt Resolution establishing a special assessment for the repair of the water service line at 3129 Webster Avenue South 4h. Approve for Filing Vendor Claims 4i. Approve for Filing Planning Commission Minutes April 15, 2009 4j. Approve for Filing Fire Civil Service Commission Minutes March 11, 2009 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: June 1, 2009 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Legislative Update. RECOMMENDED ACTION: Staff, along with Gary Carlson, Intergovernmental Relations Director, League of MN Cities, and Vic Moore, Franzen & Associations, will update the Council on the 2009 Legislative Session, American Recovery and Reinvestment Act (ARRA), and federal funding for transportation projects. POLICY CONSIDERATION: Council last met with staff and the city’s lobbyist, Vic Moore, on January 20, 2009 to discuss 2009 legislative priorities. Much has happened since that time. Based on the information the Council will receive as a part of this discussion, are there any further questions that the Council might have or other issues that staff should be working on? BACKGROUND: The 2009 Legislative Session ended on May 18, 2009 with mixed results. Levy limits remain in place for local units of government and the Governor plans to exercise his unallotment and line item veto authority to balance the state’s budget. The following is a short summary of state and federal legislative outcomes for 2009 specific to St. Louis Park’s legislative activities. Gary Carlson and Vic Moore will provide further elaboration on these and other topics - Minnesota State Legislature – St. Louis Park sponsored bills ƒ Sunset provisions for Housing Improvement Areas and Special Services Districts were extended until June 30, 2013. Because the legislature made some minor changes to the Special Service District law while extending the sunset, the City Attorney will prepare a minor ordinance amendment for Council’s approval in June or July. ƒ The City was given authorization to extend the term of the Elmwood Village TIF District as a means to provide another tool to assist with the financing of the Hwy 7/Wooddale interchange project. The acceptance of the extension will require Council action in the form of a resolution. The proposed extension of the Excelsior Boulevard TIF District did receive a hearing in both the House and Senate Tax Committees, but was not extended in part because it is a pre-1979 district. This district will expire in August of 2009. Meeting of June 1, 2009 (Item No. 1) Page 2 Subject: Legislative Update Transportation Funding ƒ TH7 & Wooddale Avenue received $3.465 million in American Recovery & Reinvestment Act (ARRA funding - Federal Stimulus dollars) from the Metropolitan Council and the Minnesota Department of Transportation. Conversations with Hennepin County for the remaining $2.95 million are ongoing. ƒ Congressman Ellison submitted a request for $14.112 million in High Priority Project (HPP) funding (reauthorization of the six-year transportation bill or SAFETEA-LU) to help construct the grade separated interchange at TH7 & Louisiana. Senator Klobuchar and Congressman Ellison have also submitted a FY10 Trans-HUD request for $1.14 million for Phase 3 & 4 work on TH7 & Louisiana to their respective appropriation committees. A final decision on FY10 funding will hopefully be made by September; the timing for HPP funding is unknown because the Senate has not yet solicited for projects. ƒ Senator Klobuchar has requested $1 million in FY10 funding for both the Glencoe Railroad Mitigation Project and the TH394/TH100 Collector Distributor Roads and Park Place/Xenia Boulevard. The Senate Appropriations Committee will make a decision about inclusion of these projects in the Senate’s version of the FY10 Trans-HUD bill by July. Other Funding ƒ The city has been awarded ARRA funding for housing and energy programs, public safety and transportation. The Housing Authority will receive $274,471 from the Public Housing Capital fund and the city will receive $198,300 from the Energy & Efficiency Community Block Grant formula funds. Staff anticipates receiving additional Community Development Block Grant dollars and the Police Department has applied for and will receive $107,777 in Edward Byrne Memorial Justice Assistance Grant funding. Staff continues to keep a close eye on ARRA funding notices and other grant opportunities as a way to enhance services and offset costs for the city. Additional 2009 Priorities The TH100 Full Build Project is still scheduled for 2015 with bridges to be replaced in 2016. Staff is monitoring work on the heavy freight rail study being conducted by Hennepin County and is in process of identifying a potential a rail consultant to assist the Council and staff with the process. With respect to the Glencoe Railroad Mitigation Project, the City Manager is seeking Council’s input on staff’s continued work on this project. The city has spent a considerable amount of time and dollars on securing additional funding for this project, which is now estimated to exceed $4 million. State funding of $700,000 will no longer be available after 2011. A primary concern relates to the true viability of the project, particularly with regard to our partners. Minnetonka and Hopkin’s interest in this project appears to be waning and staff has real questions about Glencoe’s commitment to seeing this project happen. The viability of funding is also becoming a real question given the rising cost of the project. The only way staff envisions this project having an even remote chance of happening is if St. Louis Park continues to be the driving force behind it. This will require continued expenditure of staff time and dollars and, given the circumstances just noted, staff needs direction as to whether this is the best use of the city’s resources. Meeting of June 1, 2009 (Item No. 1) Page 3 Subject: Legislative Update FINANCIAL OR BUDGET CONSIDERATION: Funding for our lobbyists is included in the EDA budget. VISION CONSIDERATION: Promoting regional transportation issues and securing transportation funding is aligned with the Council’s Strategic Direction of being a connected and engaged community. Staff has aligned 2009 activities to promote specific intersections, transportation corridors and projects. Attachments: None Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager Meeting Date: June 1, 2009 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Highway 7 / Wooddale Project Update. RECOMMENDED ACTION: No formal action at this time. The purpose of this report is to share with the City Council the current status of this project and funding related matters. POLICY CONSIDERATION: How does the City Council wish staff to proceed on this project particularly from a funding perspective? BACKGROUND: The City has been working on an intersection reconstruction project at Highway 7 & Wooddale since 2003. The purpose of this report is to provide an overall project update and to show potential costs, anticipated funding sources, and discuss the remaining funding gap. On March 2nd Council established and ordered this improvement project, approved the plans and specifications, and authorized advertising for bids. Since then, staff has been working on obtaining additional project financing, right of way acquisition, and seeking approval of the plans / specifications by Mn/DOT and the Federal Highway Administration (FHWA). 1. Right of Way – six additional parcels of right of way were identified as needed for this project. Based on the City Councils authorization in February, five of them were put into condemnation proceedings which are still underway. The city has the right to “take” these properties with a minimum estimated cost of $1,346,000, as of May 22nd. The 6th parcel is owned by the Hennepin County Regional Rail Authority HCRRA). In discussions with HCRRA staff, they explained the HCRRA would not be able to provide any right of way for our project due to unknown future LRT needs. As a result, the plans have been revised to realign (shift) the south frontage road about 45 feet to the north so as to completely avoid HCRRA property. This realignment is not preferred but necessary. As a result of this shift the remaining parcel where the former STEP building was located will be reduced in size and the intersections and ramps at the bridge ends will be subject to congestion sooner than previously anticipated due to reduced lane lengths (vehicle storage). When LRT is constructed in the future, it is recommended that the frontage road be shifted to the south to the extent possible. Meeting of June 1, 2009 (Item No. 2) Page 2 Subject: Highway 7 / Wooddale Project Update 2. Project Schedule – the following project schedule is anticipated at this point: Deposit Right of Way Payments with Court May 28, 2009 Study Session Update to Council June 1, 2009 Final Project Submittals to Mn/DOT June 1, 2009 State/Federal approvals June 30, 2009 Advertise for Bids July 2009 Open Bids July 2009 Award Construction Contract August 13, 2009 Commence Construction September 2009 FINANCIAL OR BUDGET CONSIDERATION: In light of final sorting out of the federal stimulus package and the fact that bids have not yet been taken, final costs and funding sources are still being determined. However, the latest estimate of cost and funding is as follows: Expenditures Construction $12,300,000 Right of Way $4,350,000 - $4,500,000 Preliminary Engineering/Admin $1,250,000 Construction Engineering/Admin $900,000 Total $18,800,000 - $19,000,000 Funding Sources Development Agreement $69,000 Federal (STIP) Funds $5,885,000 Federal (Stimulus) $3,465,000 City (committed to date) $5,600,000 State of Minnesota (Construction Engineering/Administration) $900,000 Funding Gap $2,881,000 - $3,081,000 Total $18,800,000 - $19,000,000 Figures and funding sources as listed above are estimates and subject to change or adjustment at any time over the next couple of months. With the city contribution, STIP funds and stimulus funding, an approximate $2.9 to $3.1 million gap still exists. The City has been in communication with Hennepin County for more than a year to discuss their contribution towards this project given its proximity to the future LRT station. Although indications have been given that Hennepin County could contribute $2 million or more to this project, no firm commitment has yet been made. Furthermore, based on a recent communication from the County, a commitment to provide this funding may not be possible until the end of the year, and even then it is not certain. Best case, if the County did provide $2million in funding, the remaining gap amount of $881,000 will have to be funded by some other means, most likely the City. Worst case, if the County does not provide funding, the approximate $2.9 - $3 million gap would likely have to be funded by the City in addition to the $5.6 million already Meeting of June 1, 2009 (Item No. 2) Page 3 Subject: Highway 7 / Wooddale Project Update committed. This is obviously an important issue and something that should be discussed at length at the Study Session. Please note that if we do not move forward with this project on the schedule noted above, we will lose the federal funding committed to this project. There are a variety of potential funding sources for this project. The HRA Levy has about $4 million collected to date. These funds are available for infrastructure projects in redevelopment areas as well as the approximately $1 million per year that the levy generates. General Obligation Bonds could be used for the project. This would entail adding a new debt levy onto our general property tax levy, but could support all or a part the City’s remaining share of the full project cost. The Development Fund is available in a sufficient amount to cover all or a part of the City’s remaining costs of the project. These funds are basically unrestricted and available for any redevelopment purpose that the EDA desires to accomplish. Available Tax Increment from the Elmwood TIF District is also a tool available to the City. When this district was set up about four years ago, the intersection of Hwy 7 and Wooddale was intentionally included in the TIF district as a means to provide, if so desired, a funding source for improvements to the intersection. Recently, the City requested and received legislative authorization to extend the life of the district by seven years – from 15 to 22 years. This extension, along with an extension of the five year rule for all TIF districts created since 2003, allows us additional flexibility to consider financing the City’s remaining share of the Hwy 7/Wooddale project and some or all of the other projects listed in the CIP as being financed from the Elmwood district, as well as meet our “pay as you go” obligations that currently exist for private redevelopment projects. These obligations are as follows: • Rottlund – Village in the Park ($790,000) repaid by 2/1/2010 • Union Land II – Hoigaard’s ($1,663,000 & $2,540,000) repaid by 2/1/2021 • Greco – Senior Housing ($650,000 less any Henn. Co. participation) repaid by 2/1/2018 The projects noted above have first claim on the available increment generated from their specific parcels. As staff looked at the best approach for funding the City’s remaining portion of the Hwy 7/Wooddale project, we considered it in the context of the approach for funding the Hwy 7 and Louisiana project. This project, expected to cost in excess of $20 million, only has $7 million in federal money secured. A very large gap still remains and we are attempting to fill all or a part of it with additional federal dollars, but nothing is certain at this point. Given the fact that a large gap remains in the funding of the Hwy 7/ Louisiana project, as well as the fact that tax increment is not available as a tool to help fund this project as it is with Hwy 7 and Wooddale, staff is recommending that the remaining City funding needs for Hwy 7 and Wooddale be financed with TIF from the Elmwood TIF District. In this way, proceeds will available to the City from the other funding sources noted above e.g. HRA Levy funds, Development Fund and/or GO Bonds to help pay for the Hwy 7 and Louisiana project. Meeting of June 1, 2009 (Item No. 2) Page 4 Subject: Highway 7 / Wooddale Project Update There are a number of other public infrastructure projects in the Elmwood area anticipated or desired to be funded by the Elmwood TIF district. Projects in Elmwood TIF District Project Amount Hwy 7/Wooddale (remaining) $3,521,000 36th St. Streetscape $623,000 36th St./Xenwood Signal $250,000 Total Anticipated in District $4,394,000 36th St. Reconstruction $2,000,000 Wooddale Reconstruction $1,990,000 36th St./Wooddale Signal $500,000 Possible Other Projects $4,490,000 Total Elmwood TIF Projects $8,884,000 The Hwy 7/Wooddale amount shown above of $3,521,000 yet to be paid requires some explanation. The latest total cost showed that the project was estimated at $18,800,000 with a city share of $5,600,000. The city share is comprised of $2,960,000 which was spent on the Dworsky property (already paid from the Development Fund) and the Soomekh property (already paid from the Excelsior Blvd TIF District) and other engineering and right of way costs. We have paid about $1,300,000 toward engineering and consultant work so far and expect to pay at least another $1.346 million for additional right of way. Since these two areas have not yet not been offset by any other permanent funding source, staff considers them to be a liability against the final funding source determined to be used for the City’s remaining project costs. It should also be noted that the $3.521 million figure assumes Hennepin County will contribute $2 million towards the approximate $3 million funding gap noted earlier. The projected TIF from the Elmwood district, as noted in the following table, is sufficient to pay for the pay as you go obligations in place and the anticipated Elmwood infrastructure projects noted above. It may not be sufficient to pay for all the costs associated with the “Possible Other Projects” listed in the table above based on timing and inflation of costs. However not everything in the table may be needed in the immediate future, nor is the Elmwood TIF district the only potential source of funding for these projects. As noted in the table below, based on the assumptions used, about $8.2 million in present value TIF would be available to pay for infrastructure in the Elmwood area. The projections do not assume any growth in value or change in the tax rate applied to St. Louis Park properties, so they are relatively conservative. Meeting of June 1, 2009 (Item No. 2) Page 5 Subject: Highway 7 / Wooddale Project Update VISION CONSIDERATION: This project assists us in becoming a more connected and engaged community. Attachments: None Prepared by: Bruce DeJong, Finance Director Reviewed by: Kevin Locke, Community Development Director Reviewed by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Elmwood TIF District Special Legislation Extension 7 Years Starting 2023 Existing Greco Hoigaard's Rottlund TIF Potential TIF Potential TIF Net Available 2011 473,000 473,000 2012 473,000 473,000 2013 473,000 473,000 2014 473,000 473,000 2015 473,000 473,000 2016 473,000 473,000 2017 473,000 473,000 2018 473,000 473,000 2019 473,000 166,000 639,000 2020 473,000 166,000 639,000 2021 473,000 166,000 639,000 2022 473,000 166,000 639,000 2023 473,000 166,000 760,000 1,399,000 2024 473,000 166,000 760,000 1,399,000 2025 473,000 166,000 760,000 1,399,000 2026 473,000 166,000 760,000 1,399,000 2027 473,000 166,000 760,000 1,399,000 2028 473,000 166,000 760,000 1,399,000 2029 473,000 166,000 760,000 1,399,000 Total 8,987,000 1,826,000 5,320,000 16,133,000 Present Value (5%) 8,252,516 Meeting Date: June 1, 2009 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Congressman Keith Ellison Presentation. RECOMMENDED ACTION: Mayor Jacobs is asked to introduce Congressman Keith Ellison, who will provide a presentation to Council. POLICY CONSIDERATION: None. BACKGROUND: Congressman Keith Ellison will be in attendance to make a brief presentation and to talk with Council about his work in Congress on behalf of the 5th Congressional District. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: None Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager Meeting Date: June 1, 2009 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 18, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt and Loran Paprocki. Councilmembers absent: Susan Sanger. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Communications Coordinator (Mr. Zwilling), Community Development Director (Mr. Locke), Assistant Zoning Administrator (Mr. Morrison), City Clerk (Ms. Stroth), Finance Director (Mr. DeJong) and Recording Secretary (Ms. Schmidt). 2. Presentations 2a. Proclamation Public Works Week Mayor Jacobs read a proclamation declaring May 17 – 23, 2009 as “National Public Works Week.” Mayor Jacobs gave a special thank you to the Public Works Department and called upon all citizens to acquaint themselves with what public works provides and to recognize the contributions they make everyday to our health, safety, comfort and quality of life. Mr. Rardin thanked Council and the citizens for their continued support. 3. Approval of Minutes 3a. Study Session / Workshop Minutes May 4, 2009 The minutes were approved as presented. 3b. City Council Minutes May 4, 2009 The minutes were approved as presented. 3c. Study Session Minutes May 11, 2009 The minutes were approved as presented. Meeting of June 1, 2009 (Item No. 3a) Page 2 Subject: City Council Minutes May 18, 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. 4a. Approve Resolution No. 09-065 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 No. 09-066 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 No. 09-067 accepting a donation from Becky Mallory Finnigan in the amount of $500.00 for park maintenance improvements and native plantings. 4d. Adopt Resolution No. 09-068 accepting this report, establishing and ordering Improvement Project No. 2009-2300, approving plans and specifications, and authorizing advertisement for bids. 4e. Approve Resolution No. 09-069 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. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings 6a. First Reading of Ordinance Amendment to Sec. 3-101 Alcoholic Beverages and Film Showing Ms. Stroth presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. Councilmember Paprocki asked if they were subject to compliance checks. Ms. Stroth answered in the affirmative. Councilmember Finkelstein asked when it is scheduled to open. Mr. Gallivan stated it is scheduled to open around October 18, 2009. Meeting of June 1, 2009 (Item No. 3a) Page 3 Subject: City Council Minutes May 18, 2009 It was moved by Councilmember Carver, seconded by Councilmember Omodt, 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. The motion passed 6-0. 6b. Public Hearing - Liquor Licenses for Rainbow Foods at 5370 16th Avenue Ms. Stroth presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve the 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. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Accept Bids for the Tax Increment Refunding Bonds Resolution No. 09-070 Mr. DeJong presented the staff report. Stacie Kvilvang, Ehlers & Associates, explained the bid tabulation results and stated the City has a AAA credit rating. Councilmember Finkelstein asked how much was saved by being AAA rated. Ms. Kvilvang stated the City has doubled the savings from what was originally projected. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve Resolution No. 09-070, Awarding the Sale of the $2,020,000 Taxable General Obligation Tax Increment Bonds, Series 2009A. The motion passed 6-0. Meeting of June 1, 2009 (Item No. 3a) Page 4 Subject: City Council Minutes May 18, 2009 8b. Groves Academy – Major Amendment to Special Permit Resolution No. 09-071 Mr. Morrison presented the staff report. Councilmember Basill stated he liked the addition and asked if there was a way to redirect traffic during pickup and drop off times without causing additional neighborhood traffic. Mr. Morrison stated with Utica Boulevard being a one way, there really isn’t. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 09-071, 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. The motion passed 6-0. 8c. Comprehensive Plan – Approve for Review Submission Mr. Locke presented the staff report. Councilmember Omodt asked if there was input from residents or landowners. Mr. Locke stated they have held several meetings with the neighborhoods and businesses and nothing unusual arose. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to approve sending the draft Comprehensive Plan to adjacent jurisdictions for 6-month review. The motion passed 6-0. 9. Communications Mayor Jacobs urged everyone to thank Veterans for their service and stated the yearly Memorial Day Ceremony would be on Monday at 11 a.m. at the Veterans' Memorial Amphitheater in Wolfe Park. Mayor Jacobs thanked the Bookmark Committee for the wonderful job they did on the Bookmark in the Park bookmarks and stated this year’s theme was the environment. He also suggested people go to the website and review their recommendations for reading. Mayor Jacob announced the City open house will be on Tuesday, June 9, 2009, at the Rec Center from 5:30 p.m. to 8:30 p.m. Mayor Jacobs stated the 13th annual Parktacular Celebration will be June 18 – 21, 2009, and event buttons were now for sale. Meeting of June 1, 2009 (Item No. 3a) Page 5 Subject: City Council Minutes May 18, 2009 Mayor Jacobs thanked all the volunteers and City Staff for the successful Ice Cream Social held on May 17, 2009. Councilmember Paprocki reminded the community that this year there would be four Council ward seats open and urged citizens to apply. He further stated he would not be running again due to a busy family life, but would be happy to discuss the position if anyone should want to discuss it with him. Councilmember Finkelstein reminded everyone of the May 28, 2009, Sunrise Notary fundraiser wine experience event, further stating all proceeds stay within the City of St. Louis Park. Councilmember Finkelstein also stated that with the purchase of Parktacular buttons, you receive admittance into the street dance, as well as many buy one get one free offers for City businesses. Councilmember Omodt thanked everyone for making Slugfest a great turnout and congratulated the U10 team on its team's championship. Councilmember Basill stated he had the opportunity to go field to field during the games and it really did provide a showcase for the community. 10. Adjournment The meeting adjourned at 8:10 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Council Meeting Date: June 1, 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: Second Reading - Ordinance Amendment - Chapter 3 Alcoholic Beverages and Films. RECOMMENDED ACTION: Motion to waive second reading and adopt Ordinance amending Chapter 3 Section 3-101 of the St. Louis Park Code of Ordinances concerning alcoholic beverages and the showing of certain films; and approve the summary ordinance for publication. POLICY CONSIDERATION: Does the Council wish to proceed with amendments to Section 3-101 of the City Code concerning alcoholic beverages and the showing of certain films 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 concerning alcoholic beverages and the showing of certain films. The required public hearing was held May 18, 2009, of which no speakers were present, and the first reading of the proposed ordinance amendment was approved. Under the current Ordinance Code Section 3-101 any films that depict 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. The proposed ordinance amendment addresses both the intent of the City’s regulations regarding nudity on a licensed premise which prohibits 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, as well as allowing the screening of mainstream movies rated by the Motion Picture Association of America (MPAA). Kerasotes ShowPlace Theatres, LLC has applied for an on-sale Intoxicating Liquor License for the ShowPlace 14 restaurant located at 1625 West End Boulevard (West End project). The liquor license will cover the upper level restaurant area and the connecting VIP Theatre balcony seating. Kerasotes intends to show movies that are viewed in theaters nationally and will use the MPAA well established ratings system as a guide to ensure appropriate material. Official MPAA movie rating classifications include G, PG, PG-13, R, and NC-17. Meeting of June 1, 2009 (Item No. 4a) Page 2 Subject: Second Reading Ordinance amendment Chapter 3 Alcoholic Beverages and Film Showing 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. 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 Ordinance Summary Ordinance Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting of June 1, 2009 (Item No. 4a) Page 3 Subject: Second Reading Ordinance amendment Chapter 3 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 June 1, 2009 (Item No. 4a) Page 4 Subject: Second Reading Ordinance amendment Chapter 3 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 ORDAINS: 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 June 1, 2009 (Item No. 4a) Page 5 Subject: Second Reading Ordinance amendment Chapter 3 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: June 1, 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: Special Service District No. 5 Service Charge Resolution Correction RECOMMENDED ACTION: Motion to amend Exhibit C of Resolution 09-045 Imposing a Service Charge for Special Service District No. 5 located along Park Place Boulevard between I-394 and Cedar Lake Road. POLICY CONSIDERATION: Does the City Council wish to amend Resolution 09-045 to assess the correct service charge to adjacent property owners? BACKGROUND: In preparing the resolution, staff mistakenly transposed the frontage allocations of three properties in the service charge resolution. Staff contacted the affected property owners and they do not dispute the issue and still support creating the service district. Attached is the proposed resolution with redline changes to Exhibit C. FINANCIAL OR BUDGET CONSIDERATION: The amended resolution does not affect City budget or finances. VISION CONSIDERATION: The proposed special service district advances the Vision St. Louis Park goals of promoting and integrating arts, culture, and community aesthetics in all City initiatives, including implementation where appropriate; as well as, being a connected and engaged community by increasing use of new and existing gathering places and ensuring accessibility throughout the community. NEXT STEPS: The Finance Department will begin collecting 2009 service charges. Staff will recruit representatives for the Advisory Board and City Council will review and approve the representatives. Attachments: Resolution Amending Exhibit C of Resolution No. 09-049 Imposing a Service Charge for Special Service District No. 5 Proposed Annual Budget and Service Charges (Exhibit C) 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 June 1, 2009 (Item No. 4b) Page 2 Subject: Special Service District No. 5 Service Charge Resolution Correction RESOLUTION NO. 09-____ RESOLUTION AMENDING EXHIBIT C OF RESOLUTION 09-045 IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 5 BE IT RESOLVED by the City Council of St. Louis Park, Minnesota, as follows: WHEREAS, the St. Louis Park City Council adopted Ordinance 2371-09 Authorizing Creation of Special Service District No. 5; and WHEREAS, St. Louis Park City Council approved Resolution 09-045 Imposing a Service Charge for Special Service District No. 5; and WHEREAS, the City Council wishes to correct errors in Exhibit C of Resolution 09-045 regarding the front feet and service charge allocations to three properties in the district; and WHEREAS, City staff informed the owners of the three affected properties of the errors and proposed corrections. NOW THEREFORE BE IT RESOLVED that the City of St. Louis Park hereby amends Exhibit C of Resolution 09-045 as shown in the attachment hereto. Reviewed for Administration: Adopted by the City Council June 1, 2009 City Manager Mayor Attest: City Clerk Meeting of June 1, 2009 (Item No. 4b) Page 3 Subject: Special Service District No. 5 Service Charge Resolution Correction EXHIBIT C Annual Budget and Service Charges Special Service District No. 5 City of St. Louis Park BUDGET ITEM ESTIMATED ANNUAL BUDGET Landscape maintenance services (including planting replacement) $11,000 Irrigation system maintenance and repair $5,000 Management $3,250 Decorative lighting (Install) $3,000 Site Maintenance (including infrastructure repair) $1,300 Other Maintenance Services (or non-fixed items) $1,300 Banner installation and removal $1,000 Public Liability Insurance $300 Legal Notices $200 Professional Services $50 General Supplies $0 Electrical service for decorative lighting $0 Total $26,400 PID # ADDRESS FRONT FEET 2009 SERVICE CHARGE 2010 SERVICE CHARGE 0411721310018 5657 Wayzata Blvd 227 $509 $1,018 0411721310019 1500 Park Place Blvd 1,333 $2,990 $5,979 0411721340043 5600 Cedar Lake Rd 477 $1,071 $2,141 0411721340044 1690 Park Place Blvd 210 $471 $941 0411721340045 1650 Park Place Blvd 258 $579 $1,157 0411721340046 1620 Park Place Blvd 234 $526 $1,051 0411721340047 5699 16th St W 235 $527 $1,053 0411721340049 1700 Park Place Blvd 184 $412 $823 0411721340050 5601 16th St W 180 $403 $805 3002924320026 5353 Wayzata Blvd 465 $1,043 $2,086 3002924320022 5370 16th St W 743411 $1,667$922 $3,333$1,844 3002924330011 5401 Gamble Dr 210743 $471$1,667 $942$3,333 3002924330015 5402 Parkdale Dr 411210 $922$471 $1,844$942 3002924330031 1600 West End Blvd 720 $1614 $3,227 Total 5,886 $13,205 $26,400 Notes: 1. The cost allocation formula is based upon linear street front footage. 2. The” 2009 Service Charge” is a partial service charge (half of the estimated annual Service District Budget), because services will be provided for approximately six months in 2009. The City will mail invoices to property owners to collect the 2009 Service Charge. Half the 2009 Service Charge will be invoiced in May and the other half in November 2009. 3. The “2010 Service Charge” shown above is the estimated charge based on the 2009 Service District Budget. The actual 2010 Service Charge and charges for future years are subject to change based on the annual Service District Budget and Service Charge Resolution approval. The cost allocation formula is based upon street front footage. Meeting Date: June 1, 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: School District #283 Annual Grant from Cable TV Franchise Fees for 2009. RECOMMENDED ACTION: Motion to approve payment to School District #283 of $53,000 from Cable TV franchise fees in 2009, which includes an operations grant of $35,000, an equipment grant of $14,000 and $4,000 to support the Junior High video club. POLICY CONSIDERATION: Should the City continue to provide an annual grant to the School District from Cable TV franchise fees? BACKGROUND: The School District has received funding from Cable TV franchise fees since 1982, and since 1996 the Telecommunications Advisory Commission has reviewed the District’s request and recommended action to the City Council. The Commission has traditionally felt that franchise fees should be used to produce programming and District video text for Educational Access Channel 14, which benefits all Cable TV viewers. The Commission formally adopted the following policy on October 11, 2007: Telecommunications Advisory Commission School District Grant Funding Policy: 1. The School District annual request for franchise fees should include: • A summary of how past grant dollars have been spent • A description of new funding requested, for what purpose, and a timeline for the expected purchase • Quarterly programming reports including information on titles, length, and frequency of replays • An updated production equipment inventory • An updated 3-year equipment purchase plan and background information about District video production and communications technology needs and plans 2. Preference will be given for funding requests that support additional programming for the educational access channel. 3. Telecommunications Advisory Commission recommendations to approve School District funding should specify the expected use of the funds. For example: “X” dollars for an operations grant and “Y” dollars for equipment grant to buy “A, B, C.” Meeting of June 1, 2009 (Item No. 4c) Page 2 Subject: School District #283 Annual Grant from Cable TV Franchise Fees for 2009 The Commission reviewed the requested reports on May 7, 2009 and Tom Marble, School District #283 Director of Information Services, made a presentation and answered questions. The School District has reinstated video production classes this spring as part of the International Baccalaureate Film Class. The proposed new equipment includes two video editing computers totaling $6,000; a digital video storage system or server, to play back programs on channel 14 and estimated to cost $5,000; and a control system for the server estimated to cost $3,000.The operations funding helps cover School District employee salary and benefits. After follow up questions and discussion, it was moved by Commissioner Rick Dworsky, seconded by Commissioner Bruce Browning, to approve $35,000 for operating expenses, $14,000 for equipment and $4,000 to support the Junior High Video Club. School District Grant History from cable franchise fees Year Operations Grant Equipment Grant Total School District Grant Franchise Fees received by City 2000 25,000 12,900 37,900 310,713 2001 35,000 15,000 50,000 379,000 2002 35,000 38,000 73,000 385,545 2003 35,000 0 35,000 368,917 2004 35,000 31,500 (from $100K grant) 66,500 425,208 2005 35,000 0 35,000 421,959 2006 35,000 0 35,000 477,344 2007 35,000 $9,000 44,000 522,881 2008 35,000 $13,000 $52,000* 585,799 2009 35,000 proposed $14,000 proposed $53,000* 580,000 estimate *2008 and 2009 also includes additional $4,000 for Jr. High Video Club support FINANCIAL OR BUDGET CONSIDERATION: Starting in 1998, the Commission recommended separate grants for operations and equipment, basing the equipment grants on District proposals. The School District also financially supports cable TV efforts and these grants are just a part of the budget for educational access television. Meeting of June 1, 2009 (Item No. 4c) Page 3 Subject: School District #283 Annual Grant from Cable TV Franchise Fees for 2009 The equipment grant was discontinued in 2003 for budget reasons, but was reinstated in 2007. Last year the Commission recommended staff increase the amount of funding available for the School District for 2009 to recognize the success of the of the District-wide cable TV operations and because franchise fees received from Comcast continue to increase. The $14,000 equipment grant can be deducted from the $800,000 equipment fund that Time Warner paid the City in June of 2006 as part of the last franchise renewal. Federal legal precedent requires that this $800,000 can be used for equipment support for local programming and not for salaries and other operating costs. As part of ongoing budget discussions for 2010 and beyond related to the sustainability of the Cable TV Fund, the city and School District are evaluating options and considering if there exist other potential ways to deliver current Cable TV services. VISION CONSIDERATION: Upgrading the High School equipment promotes and integrates arts, culture, and community aesthetics as outlined in Vision St. Louis Park, and supporting the operations of the School District channel helps St. Louis Park remain a connected and engaged community. Attachments: None Prepared by: Reg Dunlap, Civic TV Coordinator Reviewed by: Jamie Zwilling, Communications Coordinator Through: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Meeting Date: June 1, 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: Traffic Signal and Intersection Improvement Project – W. 36th Street at Park Center Blvd. - Project No. 2009-2101. RECOMMENDED ACTION: Motion to Adopt Resolution accepting this report, establishing and ordering Improvement Project No. 2009-2101, approving plans and specifications, and authorizing advertisement for bids. POLICY CONSIDERATION: Does the City Council wish to continue with this project? BACKGROUND: History PBK Investments (7 & 41 LLC) completed the purchase of the former Planet Ford site (3555 State Highway 100) in early 2008. The building on the site is being substantially remodeled for conversion to an LA Fitness facility. PBK has requested that the City make improvements to the traffic control signal and the intersection at W. 36th Street and Park Center Boulevard and assess the cost of the improvements against the property in accordance with the City’s special assessment policy. A Public Improvement/Special Assessment Agreement was drafted by the City Attorney. The agreement requires PBK to pay for all construction, engineering and legal costs associated with this project. The City Council approved the agreement at their December 1, 2008 meeting. The agreement has since been executed by all parties involved. Analysis The proposed improvements to the intersection will enable full access to and from the LA Fitness site at W. 36th Street. At the present time, vehicles can only enter into the site from W. 36th Street. Exiting to W.36th Street is not possible; the access drive is too narrow. To improve the access, PBK Investments has widened the driveway on their site; the City project will be responsible for widening the driveway apron on W. 36th Street. The only current method for exiting the site is off W. 35th Street to the north of the site. Following the improvements, exiting the site to W. 36th Street will be possible. The City hired SRF Consulting Group, Inc. to prepare the plans and specifications for the traffic signal revision and intersection improvements. The proposed project includes the following improvements: 1. Signal system revisions to include relocation of the mast and installation of a longer signal arm at the northwest corner of the intersection to accommodate the widened driveway at the LA Fitness site; a new mast and signal arm with overhead signals will be installed in the southwest corner to Meeting of June 1, 2009 (Item No. 4d) Page 2 Subject: Project Report: Traffic Signal Revision and Intersection Improvement – Project 2009-2101 provide signal coordination for the traffic leaving the LA Fitness site; an upgrade to the traffic vehicle detection system and emergency vehicle detection system; and new pedestrian crossing indictors with countdown timers. 2. Intersection improvements will include a widened driveway to the LA Fitness site; the first 25 feet of the raised center median on Park Center Blvd. will be slightly curved and shifted to the west to better align traffic on Park Center Blvd with the opposing driveway entrance; new ADA compliant pedestrian ramps at the northeast, northwest and southwest intersection corners; new crosswalk markings will be installed across Park Center Boulevard and the LA Fitness entrance; signage and lane designation striping will also be added were needed. The attached layout depicts the traffic signal configuration and lane assignments for the intersection. The intersection will be open to traffic during construction; however, temporary lane closures will be required. The driveway entrance to the LA Fitness site will be closed during most of the construction. Final plans and specifications have been completed for the proposed improvement. An Engineer’s Estimate has been prepared with construction costs of $131,186.00. The developer has reviewed the plans, specifications and engineer’s estimate and has provided the City with written approval in accordance with the Public Improvement/Special Assessment Agreement. Project Timeline: Should the City Council approve the Project Report, it is anticipated that the following schedule can be met: • Approval of Plans/Authorization to Bid by City Council June 1, 2009 • Advertise for bids Early June • Bid Opening June 23, 2009 • Bid Tab Report to City Council; Award contract July 6, 2009 • Begin Construction Mid-July 2009 • Project Completion October, 2009 FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of the special assessment. VISION CONSIDERATION: None. Attachments: Resolution Intersection and Traffic Signal Layout Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Scott Brink, City Engineer Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of June 1, 2009 (Item No. 4d) Page 3 Subject: Project Report: Traffic Signal Revision and Intersection Improvement – Project 2009-2101 RESOLUTION NO. 09-_______ RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2009-2101, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2009-2101 WHEREAS, the City Council of the City of St. Louis Park has received a report related to the Traffic Signal Revision and Intersection Improvement, City Project No. 2009-2101. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 2009-2101 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. 2009-2101, 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 at least one week 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 of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council June 1, 2009 City Manager Mayor Attest: City Clerk XXXXXX CONCEPTUAL LAYOUT 1 1 0 40 scale feet S. POSKA SHEET OF DRAWN BY 18COMM. NO. 0096748 DESIGNED BY CHECKED BY 1:43:46 PM5/21/2009h:\projects\6748\HI-MU\Graphics\6748_gr1.dgn...\HI-MU\Graphics\6748_gr1.dgn CITY OF SAINT LOUIS PARK W. 36TH ST. AND PARK CENTER BLVD. CITY PROJECT NUMBER 2009-2101 Meeting of June 1, 2009 (Item No. 4d) Subject: Project Report: Traffic Signal Revision and Intersection Improvement – Project 2009-2101 Page 4 Meeting Date: June 1, 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: Traffic Study No. 601 (Revised): Authorize Parking Restrictions at the Excelsior & Grand Development. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, Monterey Drive, & Wolfe Parkway adjacent to the Excelsior & Grand development. POLICY CONSIDERATION: Does the City Council wish to approve the parking restrictions as proposed? BACKGROUND: In April of 2007, staff brought a resolution before the Council to revise parking restrictions throughout Excelsior & Grand. Staff worked with the management and residents of Excelsior & Grand, staff from Hennepin County, the Police Department, Community Development, and the Public Works Operations Division to revise the parking restrictions. The parking restrictions were implemented and have been well-received. In October of 2007, staff brought a resolution before the Council to allow additional parking restrictions throughout Excelsior & Grand to allow posting of “No Parking” signs in areas of the development where parking was not intended, i.e. bump outs and the traffic circle. These restrictions have also been well-received. Recently, staff received a request from the management of Excelsior & Grand to change the time- restricted parking space on Grand Way and Park Commons Drive from 30-minute and 60-mintue restrictions to 2 hour restrictions. This would allow visitors to Excelsior & Grand more time to shop and enjoy a meal without violating posted parking restrictions. There was also a request to remove a loading zone/valet parking space from the southeast corner of Grand Way and Park Commons Drive as it is no longer used for valet service and there is no need for a loading zone at that location. Staff finds these requests to be reasonable. In addition to allowing visitors to Excelsior & Grand more time to park on street, it also simplifies some of the restrictions. There will be no changes to the snow removal restrictions, which are covered by Resolution No. 03-008. There will also be no changes to any parking restrictions along Excelsior Boulevard, Wolfe Parkway, Princeton Lane, or Meridian Lane. Meeting of June 1, 2009 (Item No. 4e) Page 2 Subject: Traffic Study No. 601 (Revised): Authorize Parking Restrictions at the Excelsior & Grand Development FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting this restriction is minimal and will come out of the general operating budget. VISION CONSIDERATION: Not applicable. Attachments: Resolution Map Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Scott A. Brink, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of June 1, 2009 (Item No. 4e) Page 3 Subject: Traffic Study No. 601 (Revised): Authorize Parking Restrictions at the Excelsior & Grand Development RESOLUTION NO. 09-___ RESOLUTION RESCINDING RESOLUTION NO. 07-110 AND AUTHORIZING PARKING RESTRICTIONS ON EXCELSIOR BOULEVARD, PARK COMMONS DRIVE, GRAND WAY WOLFE PARKWAY, MONTEREY DRIVE, MERIDIAN LANE AND PRINCETON LANE TRAFFIC STUDY NO. 601 (REVISED) WHEREAS, the City of St. Louis Park, Minnesota has studied and has determined that traffic controls are necessary at these locations, and WHEREAS, existing parking Resolution No. 07-110 currently prescribes traffic controls in this area that need adjustment as requested by adjoining property. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that Resolution No. 07-110 be rescinded. LET IT BE FURTHER RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls, as described below and illustrated in the attached Exhibit A: Excelsior Boulevard: 1. The first four (4) parking spaces west of Grand Way, on the north side, will be designated as a “No Parking/Loading Zone”. 2. The bump-outs on the north side of Excelsior Boulevard from Princeton Lane to Monterey Drive will be designated as “No Parking”. 3. All other parking spaces on the north side of Excelsior Boulevard from Princeton Lane to Monterey Drive will be designated as “One-Hour parking”. Park Commons Drive: 4. North side: a. “No Parking” from Princeton Lane on the west to Wolfe Parkway on the east. b. “Two-Hour Parking” from Wolfe Parkway on the west to Grand Way on the east. c. The first five (5) parking stalls east of Grand Way will be designated “No Parking/Loading Zone”. d. “Two-Hour Parking” from the loading zone on the west to Wolfe Parkway on the east. e. “No Parking” from Wolfe Parkway on the west to Monterey Drive on the east. Meeting of June 1, 2009 (Item No. 4e) Page 4 Subject: Traffic Study No. 601 (Revised): Authorize Parking Restrictions at the Excelsior & Grand Development 5. South side: a. “Two-Hour Parking” in the parking bay west of Grand Way, except the three (3) parking stalls nearest the entrance to the parking ramp will be designated as a “No Parking/Loading Zone”; and, one (1) “Police Parking Only” space in the parking bay immediately east of the loading zone. b. “Two-Hour Parking” in the parking bay east of Grand Way. c. “No Parking” on the bump out areas at the entrances to the loading dock and parking ramp on the block immediately east of Grand Way. d. “No Parking” on the bump out areas at the entrance to the parking ramp on the block immediately west of Grand Way. e. “One-Hour Parking” in the parking bay immediately east of Meridian Lane. f. “No Parking” on the bump out area between the parking bay east of Meridian Lane and Monterey Avenue. 6. Roundabout: The roundabout shall be designated as “No Parking”. Meridian Lane: 7. West side: The first four (4) parking spaces north of Excelsior Boulevard will be designated as a “No Parking/Loading Zone”. 8. East side: The bump out area north of Excelsior Boulevard will be designated “No Parking/Loading Zone”. Princeton Lane: 9. The first four (4) parking spaces north of Excelsior Boulevard on the east side, will be designated as a “No Parking/Loading Zone”. Grand Way: 10. All parking spaces between Excelsior Boulevard and Park Commons Drive will be designated “Two-Hour Parking”. 11. All parking spaces between Park Commons Drive and Wolfe Parkway will be designated “Two-Hour Parking”. 12. The west side of the northbound lane of Grand Way will be designated “No Parking”. 13. The east side of the southbound portion of Grand Way will be designated “No Parking”. Meeting of June 1, 2009 (Item No. 4e) Page 5 Subject: Traffic Study No. 601 (Revised): Authorize Parking Restrictions at the Excelsior & Grand Development 14. The bump-out areas just north of Excelsior Boulevard will be designated “No Parking”. Wolfe Parkway: 15. All areas that are not parking bays will be designated as “No Parking”. Monterey Drive: 16. The west side of Monterey Drive between Excelsior Boulevard and Park Commons Drive will be designated as “No Parking”. Reviewed for Administration: Adopted by the City Council June 1, 2009 City Manager Mayor Attest: City Clerk Meeting of June 1, 2009 (Item No. 4e) Subject: Traffic Study No. 601 (Revised): Authorize Parking Restrictions at the Excelsior & Grand Development Page 2 Meeting Date: June 1, 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: Traffic Study Number 612: Authorize traffic controls at Lake Street West and Zarthan Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing traffic controls at Lake Street West and Zarthan Avenue South. POLICY CONSIDERATION: The proposed action is consistent with City policy and past actions. BACKGROUND: In 2006, Lake Street was reconstructed from Webster Avenue to Wooddale/Dakota Avenues. As a part of this project, the traffic signal at Lake Street and Zarthan Avenue was proposed to be removed and replaced with stop signs, to make the intersection a 4-way stop. This was recommended after staff studied the recent history on accidents and traffic volumes at this intersection and determined that the signal was not warranted according to today’s engineering standards. However, the signal was directed to be left in place as a 4-way flashing red by the City Council in response to concerns of residents about how the intersection would function as a result of the changes. Since 2006, the intersection’s operation and safety has continued to be monitored, and has been found to operate acceptably as a 4-way stop. On March 1, 2009, the traffic signal was turned off, the heads bagged, and 4-way stop signs were installed. However, in order for these stop signs to be enforceable, there must be a resolution authorizing their placement. FINANCIAL OR BUDGET CONSIDERATION: This change is being implemented as a part of the 2009 budget reduction plan in which the Public Works Operations budget was reduced $2,000 due to electric use savings. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Scott A. Brink, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of June 1, 2009 (Item No. 4f) Page 2 Subject: Traffic Study Number 612: Authorize traffic controls at Lake Street West and Zarthan Avenue South RESOLUTION NO. 09-_____ RESOLUTION AUTHORIZING INSTALLATION OF 4-WAY STOP SIGNS AT THE INTERSECTION OF LAKE STREET WEST AND ZARTHAN AVENUE SOUTH TRAFFIC STUDY NO. 612 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install the 4-way stop signs at the intersection of Lake Street West and Zarthan Avenue South. Reviewed for Administration: Adopted by the City Council June 1, 2009 City Manager Mayor Attest: City Clerk Meeting Date: June 1, 2009 Agenda Item #: 4g Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Special Assessment - Water Service Line Repair at 3129 Webster Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution establishing a special assessment for the repair of the water service line at 3129 Webster Avenue South. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Jonathan Sathe, owner of the single family residence at 3129 Webster Avenue South, has requested the City to authorize the repair of the water service line for his home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $1,600.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved by: Tom Harmening, City Manager Meeting of June 1, 2009 (Item No. 4g) Page 2 Subject: Special Assessment - Water Service Line Repair at 3129 Webster Avenue South RESOLUTION NO. 09-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 3129 WEBSTER AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owner at 3129 Webster Avenue has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 3129 Webster Avenue; and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $1,600.00. 4. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85%. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council June 1, 2009 City Manager Mayor Attest: City Clerk Meeting Date: June 1, 2009 Agenda Item #: 4h Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to Accept for filing Vendor Claims for the period May 16 through May 29, 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 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 1Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 319.50PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES+SECURETECHS, INC 319.50 90.00INSPECTIONS G & A TRAINING10,000 LAKES CHAPTER 90.00 234.64WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESAAA LAMBERTS LANDSCAPE PRODUCT 234.64 5.09-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSADVANCED BAR CODE SOLUTIONS 83.42POLICE G & A GENERAL SUPPLIES 78.33 4,520.61SAMPLINGGENERAL PROFESSIONAL SERVICESAECOM INC 16,504.33STUDIESGENERAL PROFESSIONAL SERVICES 21,024.94 275.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSAEMP 275.00 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESALBERTSSON HANSEN ARCHITECTURE 225.00 428.45PARK AND RECREATION BALANCE SH INVENTORYAMERICAN TIRE DISTRIBUTORS 428.45 86.79GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 137.70PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 88.36PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 96.62ENTERPRISE G & A GENERAL SUPPLIES 44.29VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 35.70WATER UTILITY G&A OPERATIONAL SUPPLIES 35.70SEWER UTILITY G&A OPERATIONAL SUPPLIES 525.16 718.00ERUTRAININGANNANDALE, CITY OF 718.00 30.00GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESAPPLIANCE RECYCLING CENTERS 30.00 1,000.002008A UTIL REV BOND PROJECT RENTAL BUILDINGSARCA MINNESOTA INC Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 2 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 2Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 1,000.00 52.18PARK AND RECREATION BALANCE SH INVENTORYASPEN EQUIPMENT CO 2,635.24GENERAL REPAIR EQUIPMENT MTCE SERVICE 2,687.42 176.00ENGINEERING G & A SUBSCRIPTIONS/MEMBERSHIPSAWWA 176.00 2,460.01BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSBACHMANS 2,460.01 3,748.00TREE MAINTENANCE LANDSCAPING MATERIALSBAILEY NURSERIES INC 5,362.54TREE REPLACEMENT TREE REPLACEMENT 9,110.54 103.92FINANCE G & A OFFICE SUPPLIESBANKER'S EQUIPMENT SERVICE INC 103.92 287.50PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICESBARNUM GATE SERVICES INC 287.50 6,398.00ENGINEERING G & A ENGINEERING SERVICESBARR ENGINEERING CO 6,398.00 10.63VEHICLE MAINTENANCE G&A GENERAL SUPPLIESBATTERIES PLUS 10.63 500.00SOFTBALLOTHER CONTRACTUAL SERVICESBERG, STEVE 500.00 500.00NEIGHBORHOOD ASSOCIATION GRANT PUBLIC LIABILITY INSURANCEBIRCHWOOD NEIGHBORHOOD ASSOC 500.00 204.05ORGANIZED REC G & A MILEAGE-PERSONAL CARBIRNO, RICK 204.05 500.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBLACKSTONE NEIGHBORHOOD ASSN 500.00 456.48EMPLOYEE FLEX SPEND G&A TUITIONBORKEN, AARON 456.48 Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 3 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 3Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 135.54PARK AND RECREATION BALANCE SH INVENTORYBOYER TRUCK PARTS 135.54 174.72INSPECTIONS G & A TRAININGCAMILON, MANNY 174.72 6,977.94ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 97.29GO BONDS-FIRE STATIONS G&A LEGAL SERVICES 315.00STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 30.00PAVEMENT MANAGEMENT G&A IMPROVEMENTS OTHER THAN BUILDI 30.00REILLY G & A LEGAL SERVICES 270.00SOLID WASTE G&A LEGAL SERVICES 7,720.23 19,921.50OFFICE EQUIPMENT BUILDINGS & STRUCTURESCARLSON & SON'S, J 19,921.50 9,255.79MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 25,000.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES 34,255.79 67.71GO BONDS-FIRE STATIONS G&A HEATING GASCENTERPOINT ENERGY 67.71 2,538.40FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN 4,734.36ENTERPRISE G & A HEATING GAS 7,272.76 6.15-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 66.03ADMINISTRATION G & A OFFICE SUPPLIES 435.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 863.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTAT 9.17ASSESSING G & A BANK CHARGES/CREDIT CD FEES 842.51POLICE G & A POLICE EQUIPMENT 100.00NEIGHBORHOOD OUTREACH TRAINING 121.24ERUOPERATIONAL SUPPLIES 1,165.60Justice Assistance Grant -2005 TRAINING 323.21OPERATIONSGENERAL SUPPLIES 149.85OPERATIONSOPERATIONAL SUPPLIES 75.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPS 21.04PARK AND RECREATION BALANCE SH INVENTORY Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 4 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 4Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 539.42ORGANIZED REC G & A GENERAL SUPPLIES 43.26FITNESS PROGRAMS GENERAL SUPPLIES 58.43SOFTBALLGENERAL SUPPLIES 80.00WESTWOOD G & A TRAINING 173.46BUILDING MAINTENANCE GENERAL SUPPLIES 1,278.27AQUATIC PARK MAINTENANCE GENERAL SUPPLIES 120.79VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 6,459.13 9,800.00UNINSURED LOSS G&A UNINSURED LOSSCOATES ROOFING INC 9,800.00 138.10PE DESIGN IMPROVEMENTS OTHER THAN BUILDICOMMISSIONER OF TRANSPORTATION 138.10 34,040.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCONCRETE ETC INC 34,040.00 387.80BUILDING MAINTENANCE GENERAL SUPPLIESCONTINENTAL RESEARCH CORP 387.80 535.00PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESCOURT SURFACES & REPAIR 535.00 400.00SOFTBALLOTHER CONTRACTUAL SERVICESCOX, BARB 400.00 250.00SOFTBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 250.00 3,672.12SSD 1 G&A LANDSCAPING MATERIALSCUSTOM PRODUCTS & SERVICES 7,071.60SSD 1 G&A OTHER CONTRACTUAL SERVICES 3,505.98SSD 2 G&A LANDSCAPING MATERIALS 4,272.78SSD 2 G&A OTHER CONTRACTUAL SERVICES 1,022.40SSD 3 G&A LANDSCAPING MATERIALS 2,423.94SSD 3 G&A OTHER CONTRACTUAL SERVICES 21,968.82 112.93BUILDING MAINTENANCE GENERAL SUPPLIESDALCO ENTERPRISES INC 112.93 159.11PARK AND RECREATION BALANCE SH INVENTORYDAVIS EQUIPMENT CORP Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 5 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 5Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 159.11 764.34POLICE G & A RENTAL EQUIPMENTDELAGE LANDEN FINANCIAL SERVIC 764.34 20.00BOILER MTCE LICENSESDEPT LABOR & INDUSTRY 20.00 120.00TV PRODUCTION REPAIRSDIGITAL PICTURES INC 120.00 525.71ORGANIZED REC G & A GENERAL SUPPLIESDJ ELECTRIC SERVICES INC 525.71PARK PAVILIONS GENERAL SUPPLIES 1,795.50PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 5,097.65PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 7,944.57 533.04TREE INJECTION TREE MAINTENANCEDOOLEY, DAVID 533.04 500.00SUMMER GRADE 6-8 OTHER CONTRACTUAL SERVICESEAGLE BLUFF ENVIRONMENTAL LEAR 500.00 625.00BASKETBALLOTHER CONTRACTUAL SERVICESEDMOND, ERIC 625.00 367.50ESCROWSEHLERS & ASSOCIATES INC 367.50 1,559.09CONSTRUCTION MATERIAL IMPROVEMENTS OTHER THAN BUILDIELECTRICAL INSTALLATION & MAIN 1,559.09 1,366.20OPERATIONSEMERGENCY PREPAREDNESSEMBEDDED SYSTEMS INC 1,366.20 178,945.18CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIENCOMM MIDWEST 178,945.18 349.33PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 349.33 88.42ASSESSING G & A SEMINARS/CONFERENCES/PRESENTATFECHNER, MARTY Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 6 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 6Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 88.42 13,695.80OPERATIONSOPERATIONAL SUPPLIESFIRE EQUIPMENT SPECIALTIES INC 13,695.80 13.90OFFICE EQUIP MTCE GENERAL SUPPLIESFLOYD TOTAL SECURITY 13.90 47.93SWEEPINGGENERAL SUPPLIESFORCE AMERICA INC 47.93 10,230.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESFRIEDGES LANDSCAPING INC 10,230.00 28,043.95PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESG L CONTRACTING INC 28,043.95 146.06PREVENTATIVE MAINTENANCE GENERAL SUPPLIESGENE'S SERVICE 146.06 509.53FABRICATIONOTHER IMPROVEMENT SUPPLIESGOPHER SIGN 509.53 1,099.35WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 1,099.35 249.89WATER UTILITY G&A OTHER CONTRACTUAL SERVICESHACH CO 249.89 400.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 400.00 300.00SOFTBALLOTHER CONTRACTUAL SERVICESHENDERSON, TRACY 300.00 1,904.00POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH 1,030.00OPERATIONSRADIO COMMUNICATIONS 362.00OPERATIONSEMERGENCY PREPAREDNESS 3,296.00 1,388.47POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFF 1,388.47 Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 7 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 7Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 100.27SYSTEM REPAIR OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY TREASURER 100.27 74.17GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 17.84PATCHING-PERMANENT OPERATIONAL SUPPLIES 8.49CLEANING/DEBRIS REMOVAL GENERAL SUPPLIES 108.83PARK MAINTENANCE G & A GENERAL SUPPLIES 30.71PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 19.11BEAUTIFICATION / FLOWERS SMALL TOOLS 16.48BUILDING MAINTENANCE GENERAL SUPPLIES 15.04PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 169.97WATER UTILITY G&A OTHER 88.40WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 23.22SEWER UTILITY G&A SMALL TOOLS 88.92STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 661.18 106.79WESTWOOD G & A OTHER IMPROVEMENT SUPPLIESHOME DEPOT CREDIT SRVCS 106.79 13.02GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME HARDWARE 13.02 82.34PARK AND RECREATION BALANCE SH INVENTORYHONDA TOWN 82.34 88.42ASSESSING G & A SEMINARS/CONFERENCES/PRESENTATHOPPE, MARK 88.42 425.00SOFTBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 425.00 56.25SOFTBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 56.25 10.14HUMAN RESOURCES CITEHSBC BUSINESS SOLUTIONS 26.61PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 15.96TREE MAINTENANCE GENERAL SUPPLIES 52.71 128.72IRRIGATION MAINTENANCE GENERAL SUPPLIESHYDROLOGIC WATER MGMT Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 8 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 8Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 128.72 312.82PARK AND RECREATION BALANCE SH INVENTORYI-STATE TRUCK CENTER 312.82 1,489.90EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,489.90 1,154.95CABLE TV G & A OTHER CONTRACTUAL SERVICESIMPLEX.NET INC 1,154.95 92.23WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESINDELCO 92.23 212.89PARK AND RECREATION BALANCE SH INVENTORYINTERSTATE BATTERY SYSTEM OF M 212.89 385.74PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD 385.74 932.96EMPLOYEE FLEX SPEND G&A TUITIONJASMER, JERRY 932.96 112.14WESTWOOD G & A GENERAL SUPPLIESJOHNSON, DICK 112.14 119.00ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY 2,740.27PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 315.75TREE MAINTENANCE GENERAL SUPPLIES 38.34BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 195.68WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 3,409.04 2,175.00BUILDING MAINTENANCE BUILDING MTCE SERVICEJT MURAL PAINTING & THEME ARTS 2,175.00 80.46ERUTRAININGKAMPA, MARK 80.46 2,965.00ESCROWSKENNEDY & GRAVEN 2,965.00 Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 9 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 9Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 173.60PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICEKREMER SPRING & ALIGNMENT INC 173.60 205.08WATER UTILITY G&A BUILDING MTCE SERVICELAUMANN, JOHN 205.08 2,352.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,352.00 96,491.25EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l expLEAGUE OF MN CITIES INSURANCE 96,491.25 88.42ASSESSING G & A SEMINARS/CONFERENCES/PRESENTATLYNCH, DEBRA 88.42 1,571.99PARK AND RECREATION BALANCE SH INVENTORYMACQUEEN EQUIP CO 1,571.99 182.36PARK AND RECREATION BALANCE SH INVENTORYMAGNETO POWER LLC 11.13-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 171.23 449.31SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE 435.45SSD 2 G&A OTHER CONTRACTUAL SERVICES 1,690.31SSD 3 G&A OTHER CONTRACTUAL SERVICES 2,575.07 36.42PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS 36.42 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESMCMONIGAL ARCHITECTS LLC 225.00 20.00OPERATIONSTRAININGMEMA 20.00 25.17PARK MAINTENANCE G & A GENERAL SUPPLIESMENARDS 19.86PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 53.88WESTWOOD G & A GENERAL SUPPLIES 22.62WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 121.53 Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 10 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 10Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 185.90PUBLIC WORKS G & A MILEAGE-PERSONAL CARMERKLEY, SCOTT 185.90 900.00REILLY BUDGET CLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL 900.00 195.18PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 195.18 81.24SEWER UTILITY G&A EQUIPMENT PARTSMILWAUKEE ELECTRIC TOOL CORP 81.24 701.14EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 701.14 46.00WATER UTILITY G&A LICENSESMINNESOTA DEPT HEALTH 46.00 4,277.04PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESMINNESOTA/WISCONSIN PLAYGROUND 4,277.04 397.88PLAYGROUND EQUIPMENT MAINTENAN GENERAL SUPPLIESMIRACLE RECREATION EQUIPMENT I 397.88 50.00INSPECTIONS G & A TRAININGMN DEPT LABOR & INDUSTRY 50.00 49.94PARK AND RECREATION BALANCE SH INVENTORYMORRIE'S PARTS & SERVICE GROUP 49.94 1,075.31PARK AND RECREATION BALANCE SH INVENTORYMTI DISTRIBUTING CO 1,061.93PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 2,137.24 438.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 438.00 25.89GROUNDS MTCE EQUIPMENT PARTSNAPA (GENUINE PARTS CO) 744.14PARK AND RECREATION BALANCE SH INVENTORY 197.90GENERAL REPAIR GENERAL SUPPLIES 28.11GENERAL REPAIR SMALL TOOLS 51.58SEWER UTILITY G&A GENERAL SUPPLIES Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 11 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 11Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 1,047.62 88.42ASSESSING G & A SEMINARS/CONFERENCES/PRESENTATNATHANSON, BRIDGET 88.42 464.62GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICENATL AUTOMATIC SPRINKLER CO 464.62 229.75VEHICLE MAINTENANCE G&A GENERAL SUPPLIESNEP CORP 229.75 4,973.75STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICENEUMANNS ENTERPRISE 4,973.75 21.89ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS 169.64HUMAN RESOURCES TELEPHONE 337.16RESEARCH & DEVELOPMENT TELEPHONE 72.76ASSESSING G & A TELEPHONE 123.93FINANCE G & A TELEPHONE 271.37EDA / HA REIMBURSEMENT TELEPHONE 1,125.10POLICE G & A TELEPHONE 605.89OPERATIONSTELEPHONE 72.75INSPECTIONS G & A TELEPHONE 244.83ENGINEERING G & A TELEPHONE 480.64PUBLIC WORKS OPS G & A TELEPHONE 152.50PARK AND REC G&A TELEPHONE 252.04ORGANIZED REC G & A TELEPHONE 378.75PARK MAINTENANCE G & A TELEPHONE 72.75ENVIRONMENTAL G & A TELEPHONE 282.13WESTWOOD G & A TELEPHONE 92.93REC CENTER/AQUATIC PARK SAL TELEPHONE 90.37VEHICLE MAINTENANCE G&A TELEPHONE 410.53WATER UTILITY G&A TELEPHONE 112.45SEWER UTILITY G&A TELEPHONE 5,370.41 566.66EMPLOYEE FLEX SPEND G&A TUITIONNIELSEN, TAMMY 566.66 10.24-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSNORTHERN SAFETY CO INC. 167.73PARK MAINTENANCE G & A GENERAL SUPPLIES 157.49 Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 12 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 12Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 9,500.00POLICE G & A OTHER CONTRACTUAL SERVICESNORTHERN STAR JUVENILE DIVERSI 9,500.00 25.20GENERAL FUND BALANCE SHEET CHECKINGNORTHWEST DRUG TASKFORCE 25.20 404.70ENGINEERING G & A OFFICE SUPPLIESNORTHWEST LASERS INC 404.70 5,000.00ESCROWSPMC ESCROWNUNEZ, MIGUEL 5,000.00 140,350.002008A UTIL REV BOND PROJECT BUILDINGS & STRUCTURESOERTEL ARCHITECTS 140,350.00 140.25WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK 140.25 39.48GENERAL INFORMATION OFFICE SUPPLIESOFFICE DEPOT 27.73FACILITIES MCTE G & A OFFICE SUPPLIES 193.03POLICE G & A OFFICE SUPPLIES 7.11OPERATIONSOFFICE SUPPLIES 21.40INSPECTIONS G & A GENERAL SUPPLIES 87.42ORGANIZED REC G & A OFFICE SUPPLIES 376.17 569.38PARK AND RECREATION BALANCE SH INVENTORYOLSEN CHAIN & CABLE CO INC 569.38 5.67WATER UTILITY G&A GENERAL SUPPLIESPETTY CASH 5.92WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 11.59 3,000.00POLICE G & A OPERATIONAL SUPPLIESPOLICE EXPLORER POST #505 3,000.00 587.67PARK AND RECREATION BALANCE SH INVENTORYPOMP'S TIRE SERVICE INC .91-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 14.91GENERAL REPAIR GENERAL SUPPLIES 601.67 Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 13 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 13Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 284.81WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603 284.82SEWER UTILITY G&A POSTAGE 284.82SOLID WASTE COLLECTIONS POSTAGE 284.82STORM WATER UTILITY G&A POSTAGE 1,139.27 958.50BEAUTIFICATION / FLOWERS OTHER CONTRACTUAL SERVICESPRAIRIE RESTORATIONS INC 639.00STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,597.50 544.20BUILDING MAINTENANCE EQUIPMENT MTCE SERVICEPROFESSIONAL BEVERAGE SYSTEMS 544.20 3,550.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESPROGRESSIVE BUILDING SYSTEMS L 4,900.00UNINSURED LOSS G&A UNINSURED LOSS 8,450.00 75.00WATER UTILITY G&A OPERATIONAL SUPPLIESQA SPORTS 75.00SEWER UTILITY G&A OPERATIONAL SUPPLIES 25.00STORM WATER UTILITY G&A OPERATIONAL SUPPLIES 175.00 110.78COP SHOP TELEPHONEQWEST 1,419.48E-911 PROGRAM TELEPHONE 1,530.26 256.27GENERAL REPAIR EQUIPMENT MTCE SERVICERESTORATION AUTO GLASS NEW BRI 256.27 16.76PARK BUILDING MAINTENANCE GENERAL SUPPLIESSCHERER BROS. LUMBER CO. 16.76 134.20ASSESSING G & A MILEAGE-PERSONAL CARSCHOMER, KELLEY 134.20 308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESSEH 308.00 61.60NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESSHARE, JOHN 61.60 4,793.50PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESSIGNATURE MECHANICAL INC Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 14 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 14Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 312.22PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 5,105.72 1,583.72EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,583.72 67.73INSPECTIONS G & A BUILDINGSOUTH SIDE ELECTRIC 67.73 214.50VOICE SYSTEM MTCE EQUIPMENT MTCE SERVICESPECTRUM SOLUTIONS 214.50 132.67PLUMBING MTCE BLDG/STRUCTURE SUPPLIESSPS COMPANIES INC 13.36AQUATIC PARK MAINTENANCE GENERAL SUPPLIES 158.10WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 304.13 73.56PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISRF CONSULTING GROUP INC 4,379.62PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 131,911.19PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDI 40.74CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 27,892.10CE DESIGN IMPROVEMENTS OTHER THAN BUILDI 164,297.21 953.63PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESST CROIX REC CO 8,583.14UNINSURED LOSS G&A UNINSURED LOSS 9,536.77 649.60ATHLETIC CAMPS OTHER CONTRACTUAL SERVICESST LOUIS PARK TOWN TEAM 649.60 1,838.53PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESST PAUL, CITY OF 1,838.53 151.21-PATROL OPERATIONAL SUPPLIESSTREICHER'S 583.60PARK AND RECREATION BALANCE SH INVENTORY 432.39 96.00PARK AND RECREATION BALANCE SH INVENTORYSUBURBAN CHEVROLET 96.00 7,131.25REILLY BUDGET GENERAL PROFESSIONAL SERVICESSUMMIT ENVIROSOLUTIONS INC Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 15 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 15Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 7,131.25 194.84ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 194.84 663.05FINANCE G & A SEMINARS/CONFERENCES/PRESENTATSWANSON, BRIAN 663.05 24,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTALBERG LAWN & LANDSCAPE INC 24,000.00 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESTEA2 225.00 32.25ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 32.25 97.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 48.11WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 145.11 30.67ADMINISTRATION G & A LONG TERM DISABILITYTHE HARTFORD - PRIORITY ACCOUN 26.83HUMAN RESOURCES LONG TERM DISABILITY 7.86COMM & MARKETING G & A LONG TERM DISABILITY 21.02IT G & A LONG TERM DISABILITY 9.92ASSESSING G & A LONG TERM DISABILITY 36.37FINANCE G & A LONG TERM DISABILITY 56.38COMM DEV G & A LONG TERM DISABILITY 8.80FACILITIES MCTE G & A LONG TERM DISABILITY 60.81POLICE G & A LONG TERM DISABILITY 38.63OPERATIONSLONG TERM DISABILITY 37.15INSPECTIONS G & A LONG TERM DISABILITY 21.99PUBLIC WORKS G & A LONG TERM DISABILITY 28.40ENGINEERING G & A LONG TERM DISABILITY 10.27PUBLIC WORKS OPS G & A LONG TERM DISABILITY 41.39ORGANIZED REC G & A LONG TERM DISABILITY 10.27PARK MAINTENANCE G & A LONG TERM DISABILITY 8.56ENVIRONMENTAL G & A LONG TERM DISABILITY 8.56WESTWOOD G & A LONG TERM DISABILITY 9.05REC CENTER/AQUATIC PARK SAL LONG TERM DISABILITY 8.80VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 8.32HOUSING REHAB G & A LONG TERM DISABILITY Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 16 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 16Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 10.27WATER UTILITY G&A LONG TERM DISABILITY 836.77EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY 1,337.09 315.00ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 315.00 7,228.92ESCROWSDuke Construction-Mps West TSTKDA 7,228.92 253.64PARK AND RECREATION BALANCE SH INVENTORYTOMAR ELECTRONICS 253.64 684.18EMPLOYEE FLEX SPEND G&A TUITIONTOMASKO, MARY 684.18 250.00SOFTBALLOTHER CONTRACTUAL SERVICESTRAUTMANN, JOHN 250.00 3,505.44PARK AND RECREATION BALANCE SH INVENTORYTURFWERKS LLC 3,505.44 990.00SSD 1 G&A OTHER CONTRACTUAL SERVICESTWIN CITY OUTDOOR SERVICES INC 348.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 1,338.00 574.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSTWIN WEST CHAMBER OF COMMERCE 574.00 70.00HOUSING REHAB G & A TRAININGULI MINNESOTA 70.00 42.07OPERATIONSOPERATIONAL SUPPLIESUNIFORMS UNLIMITED (FIRE) 42.07 370.65EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 370.65 695.00ENGINEERING G & A OFFICE EQUIPMENTUNIVERSITY OF WISCONSIN 695.00 14.04-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSUS IDENTIFICATION MANUAL Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 17 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 17Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 223.65POLICE G & A GENERAL SUPPLIES 6.39POLICE G & A POSTAGE 216.00 17.93SEWER UTILITY G&A GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC 17.93 161,430.46CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIVALLEY PAVING INC 161,430.46 6,749.65WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 6,749.65 5,000.00ESCROWSPMC ESCROWVIGOREN, JOHN 5,000.00 3,500.00ESCROWSPMC ESCROWVOGEL, MATT 3,500.00 42.26COMM DEV PLANNING G & A TRAININGWALTHER, SEAN 60.53GENERAL INFORMATION OFFICE SUPPLIES 8.00GENERAL INFORMATION MEETING EXPENSE 110.79 401.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESWASTE TECHNOLOGY INC 401.00 435.36REILLY BUDGET EQUIPMENT MTCE SERVICEWEBER ELECTRIC 435.36 1,070.75EMPLOYEE FLEX SPEND G&A TUITIONWEIGEL, GREG 1,070.75 81.86PARK AND RECREATION BALANCE SH INVENTORYWHEELER'S AUTOBODY SUPPLY 5.00-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 76.86 534.50INSPECTIONS G & A GENERAL SUPPLIESWILLIAMS SCOTSMAN INC 534.50 21.78OPERATIONSELECTRIC SERVICEXCEL ENERGY 25,658.33PUBLIC WORKS OPS G & A ELECTRIC SERVICE Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 18 5/27/2009CITY OF ST LOUIS PARK 9:21:25R55CKSUM LOG23000VO 18Page -Council Check Summary 5/29/2009 -5/16/2009 Vendor AmountBusiness Unit Object 2,774.72PARK MAINTENANCE G & A ELECTRIC SERVICE 22.81BRICK HOUSE (1324)ELECTRIC SERVICE 51.77WW RENTAL HOUSE (1322)ELECTRIC SERVICE 28,174.49WATER UTILITY G&A ELECTRIC SERVICE 14.45OPERATIONSELECTRIC SERVICE 4,921.94SEWER UTILITY G&A ELECTRIC SERVICE 1,150.85STORM WATER UTILITY G&A ELECTRIC SERVICE 62,791.14 61.50-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSZEBEC OF NORTH AMERICA INC 1,007.70AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIES 946.20 693.22PARK AND RECREATION BALANCE SH INVENTORYZIEGLER INC 693.22 218.84ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING 218.84 Report Totals 1,237,740.47 Meeting of June 1, 2009 (Item No. 4h) Subject: Vendor Claims Page 19 Meeting Date: June 1, 2009 Agenda Item #: 4i OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 15, 2009--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Andrew Ford, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Larry Shapiro MEMBERS ABSENT: Lynne Carper and Robert Kramer STAFF PRESENT: Adam Fulton, Meg McMonigal, Sean Walther, Nancy Sells 1. Call to Order – Roll Call Vice Chair Person opened the meeting and introduced the new youth member, Andrew Ford. 2. Minutes: March 18, 2009 Commissioner Morris made a motion to recommend approval of the minutes of March 18, 2009. Commissioner Shapiro seconded the motion, and the motion passed on a vote of 5-0. 3. Hearings A. Minor Amendment to West End PUD and Sign Variances Location: 1600 West End Blvd. and 5370 16th Street West Applicant: AD West End, LLC Case No.: 09-07-VAR, 09-08-PUD Sean Walther, Senior Planner, presented the staff report. Commissioner Robertson stated that the PUD process usually allows the tweaking of some of the areas of the code. He asked why a sign variance was needed rather than an amendment to the PUD. Mr. Walther replied that the PUD ordinance does not allow variations from the sign code. Commissioner Robertson asked how the variance hardship criteria were met. Meeting of June 1, 2009 (Item No. 4i) Page 2 Subject: Planning Commission Minutes April 15, 2009 Mr. Walther replied that a good portion of the tenant building faces are inward facing on the site and focus on West End Blvd., which was not visible from Park Place Blvd, Hwy 100 or 394. A larger sign would help the tenant’s ability to identify their site. In addition, the intent of code is meant to determine an appropriate sign scale to the building itself. The signs do not look out of place for this building size, so staff felt it was reasonable. Commissioner Robertson asked if the request would set a precedent for other projects. Mr. Walther replied yes, there were some opportunities for that, but very few sites would fall into play. Although individual signs do not exceed 150 sq. ft., they tend to have more signs. They use 7% of the wall area, but with more than one sign. The sign plan that the leasing managers and owners had put forward would limit that. Meg McMonigal, Planning and Zoning Supervisor, spoke about a land related item that was very different on this property. Very few lots are platted and most of the retail area is on one lot, which was unusual and a limiting factor. The developer preferred to have it on one lot, as one ownership, which was beneficial and limited the number of signs allowed, which was unusual with this many stores in one area. Mr. Walther displayed an image of the West End lot under discussion and noted that the sign code allows 500 sq. ft. for every lot over 100,000 sq. ft. It would be possible for the applicant to subdivide, but adds administrative costs and time unnecessarily. Commissioner Morris noted that Knollwood was an enclosed mall, but the footprint was similar to this development. He asked if the code regulates the size of all of the interior signage. Mr. Walther replied no, the zoning code only regulates exterior signs. Commissioner Morris asked why the West End interior signage would be regulated. Mr. Walther replied because it was open air, the signs along West End Blvd. were being counted. Commissioner Morris said he saw that as a conflict in the interpretation. He said he didn’t think the variance reasoning held up as the development is a new, deliberate design. The signage issue should have been anticipated. He continued by saying the land did not create a hardship because the land was created by the developer, not by the City. He said he really liked the idea of the directional signage. He was not clear as to which signs related to the variance and which signage was covered by the minor amendment to the PUD. Mr. Walther responded that the minor amendment was to approve a sign plan for the entire project. It would become part of the PUD approval on the site. He explained that would help eliminate additional signs that come up and don’t fit within the plan. Meeting of June 1, 2009 (Item No. 4i) Page 3 Subject: Planning Commission Minutes April 15, 2009 Commissioner Morris said he liked the directional signage for the pedestrian movement, minimizing what he thought would be the need for larger signage on the interior but said he was not in favor of the new formula that was given as a variance for the percentage of the building tenants. He felt if that was required, it should be in the code, not dealt with by variance. He didn’t think they wanted to be doing that for areas such as Knollwood, Costco or Home Depot. Commissioner Morris went on to say that with the Costco and Home Depot signs, the PUD outlined the size of the signage down to the monument signage. He didn’t think that the variance reasoning supported the need for the sign variance and thought they could do a lot better in terms of the tenant for the amount of signage, just not as much as was being requested. Ms. McMonigal clarified that the 7% was now in the code and the request met the 7% requirement. Commissioner Morris asked if that would allow a maximum of 150 sq. ft. of signage, not 300. Mr. Walther replied that was in the minutia of the code and the way the ordinance was constructed, there was a tight restriction on properties. In this case, for the two lots together, it was 1,000 sq. ft. of total sign area. The code goes on to make a lot of exceptions to signs that don’t count against that total sign area. One of them was the tenant signage, which was a key part of this shopping center. Tenant signs that are less than 7% of the wall area and are less than 150 sq. ft. are exempt from the total sign area. He went on to say that as you get an individual sign that goes over 150 sq. ft, which was the case for the Showplace signs, those start counting against the total sign area. In this case it added up quickly with the two wall signs and the two-sided blade sign. Because of the scale of the building and trying to get signs into the scale of the building, the applicant had gone over what was allowed. Commissioner Morris asked if the theater signage maxes out the development signage. He asked if the development doesn’t want to take the reduction in the theater signage to allow more signage for the tenants. Mr. Walther replied there are future tenants that may fill spaces that are larger that could also add to that total. Commissioner Morris asked what percentage of the current tenants, as opposed to future tenants, were asking for a variance. He asked if all future tenants would get a variance. Mr. Walther replied there are several tenants, but very few will have a large enough space that they would be going outside the boundaries of the normal ordinance. This is a plan that would allow for an unnamed number of tenants and tenant signs to go larger than the 150 sq. ft. It would be a maximum of 300 sq. ft. and no more than 7% of the wall area. Meeting of June 1, 2009 (Item No. 4i) Page 4 Subject: Planning Commission Minutes April 15, 2009 Commissioner Person asked to see the chart Mr. Walther had displayed during his presentation. Mr. Walther showed the chart and explained he had tried to show the maximum allowed by code and added up the signs that counted toward the total square footage. Commissioner Person asked if the excess over code was 298 feet. Mr. Walther replied 258 sq. ft. and maybe more in the future depending on the other large tenants that might take spaces. Commissioner Person agreed with Commissioner Morris about why the signs were being included since they were on private streets. He asked what the rationale was for the height in the code. Mr. Walther replied the way the code reads is that directional signs are limited to four sq. ft. and 42” tall. It was written in a way which probably anticipated fast food directional signage and not this type of development. Vice Chair Person opened the public hearing. As no one was present wishing to speak, the Vice Chair closed the public hearing. Commissioner Robertson said he liked the sign package, but the variance felt awkward. It seemed like there were holes in the code and some things that needed to be looked at. He didn’t like using the variance tool to deal with those. He wanted to see this move ahead and felt it was unique. Ms. McMonigal stated there are a number of areas like this where the sign package should be part of the PUD. After the Comprehensive Plan was completed, staff wants to work on PUD ordinance. Commissioner Morris stated he was in agreement with the concept of the language. He noted flaws about the interpretation of the interior space, but they were not excessive in terms of the request. He stated he didn’t like giving blanket variances when they didn’t have a tenant or sign size. He didn’t think they should be that loose with variances and did not believe that the variance criteria had been met or that a hardship existed. He said he had difficulty agreeing with a variance based on the criteria presented as this was a major development and to come in ten months before opening and say there is a hardship for signage didn’t work. Based on other criteria about the signs and the height and size, it seemed logical to go ahead and give them. Ms. McMonigal responded that she believed there were only two to three larger tenants in the other buildings. Most of the stores would be smaller tenants and wouldn’t be affected. There would probably only be three additional buildings that would have signs over 150 sq. ft. Meeting of June 1, 2009 (Item No. 4i) Page 5 Subject: Planning Commission Minutes April 15, 2009 Commissioner Morris asked if they could be held to the code standard for signs that would face the public street portion. Ms. McMonigal replied the request was to go above 150 sq. ft. for larger buildings, but stay within the 7% so the signs would still be in scale. Commissioner Robertson asked if Commissioner Morris wanted to separate the motion. Commissioner Morris replied he did not want to separate the motion. Commissioner Johnston-Madison said she didn’t want to split it into two motions and was comfortable with the request. Commissioner Johnston-Madison made a motion to recommend approval of the Planned Unit Development (PUD) Minor Amendment and Sign Variances, based on the findings in the staff report. Commissioner Robertson seconded the motion, and the motion passed on a vote of 4-1 (Commissioner Morris voted opposed). 4. Other Business A. Comprehensive Plan – Review Housing Chapter Ms. McMonigal noted the Housing Chapter was submitted for Commissioners to review. 5. Adjournment The meeting was adjourned 6:45 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: June 1, 2009 Agenda Item #: 4j MINUTES FIRE CIVIL SERVICE COMMISSION March 11, 2009 – 8:30 a.m. FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 8:37 a.m. by Commission President Douville. 2) In attendance were Commissioners William MacMillan, David Lee, and Marjorie Douville. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Eric Bakken, Union President; Paul Rosholt, Fire Captain; Eva Schlegel, Fire Lieutenant; Bill Ryan, Firefighter; Sue Rasmussen, Fire Dept Secretary; Luke Stemmer, Fire Chief; and Mike Dobesh, Mark Windschitl, and Cary Smith, Assistant Chiefs. 3) A motion was made by Commissioner MacMillan, seconded by Commissioner Lee, to accept the minutes from the February 2, 2009. Motion carried unanimously. 4) Assistant Chief Windschitl presented the recommended recruitment process for the position of Firefighter. There are currently no vacancies for this position, but the most recent list will expire in April, 2009. The Chief would like to keep the list current in case of a vacancy. The process is consistent with the recruitment process that was done in 2007 for this position. A motion was made by Commissioner MacMillan, seconded by Commissioner Lee to approve the Firefighter process as presented. Motion carried unanimously. 5) Assistant Chief Windschitl presented the recommended promotional process for the position of Fire Captain. There are currently no vacancies for this position, but the most recent list will expire in April, 2009. The Chief would like to keep the list current in case of a vacancy. The process is consistent with the recruitment process that was done in 2007 for this position. A motion was made by Commissioner MacMillan, seconded by Commissioner Lee to approve the Firefighter process as presented. Motion carried unanimously. 6) A motion was made by Commissioner MacMillan, seconded by Commissioner Lee to adjourn the meeting. The Commission adjourned at 8:59 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Council Meeting Date: June 1, 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: Public Hearing - Liquor License for Kerasotes Theatres. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from Kerasotes Showplace Theatres, LLC, dba Showplace 14 #8863 located at 1625 West End Boulevard for an on-sale intoxicating and Sunday liquor license to be with the license term through March 1, 2010. POLICY CONSIDERATION: Does the Council wish to approve the liquor license for Kerasotes Showplace Theatres, LLC? BACKGROUND: Kerasotes ShowPlace Theatres, LLC (“Kerasotes”) has made application for an On-Sale Intoxicating and Sunday Liquor License for the ShowPlace 14 restaurant located at 1625 West End Boulevard. Kerasotes is specifically applying for the liquor license to cover the upper level restaurant area and the connecting VIP Theatre balcony seating. The elevated VIP seating provides a compact and contiguous space, connecting the restaurant lounge area to the secured theatre space. Intoxicating beverages are planned to be sold in the restaurant lounge area. This area is 2,151 sq. ft. with a seating capacity of 83 fixed seats and an overall capacity of 132 occupants. Intoxicating beverages may be brought into one of two VIP Theatres, which are a part of the licensed premises. Trained wait staff will also provide beverage service throughout the VIP Theatre prior to the start of the show. VIP Theatre #1 is 2,395 sq. ft. with 122 seats and VIP Theatre #2 is 2,627 sq. ft. with 134 seats. Kerasotes Theatres has had a presence in the Twin Cities area since 1997, with theatres in Coon Rapids, Inver Grove Heights, and the Kerasotes Block E Stadium 15 in downtown Minneapolis. Tentative opening date for the St. Louis Park location is scheduled for October 2009. Security Plan Kerasotes Security Plan provides for two identification check points to ensure only patrons that are 21 years and older have access to the restaurant and VIP Theater seating area. First, when purchasing a ticket to the VIP Theatre, Showplace 14 staff will check guest identification. Only guests that are 21 and older will be allowed to purchase a VIP Theatre ticket. The second checkpoint will be at the restaurant and VIP Theatre entry. Only those that are 21 and older will be allowed into the restaurant lounge and VIP Theatre. While it is required that all restaurant guests show identification at the second check point – thereby ensuring only those that are 21 and older Meeting of June 1, 2009 (Item No. 6a) Page 2 Subject: Public Hearing - Liquor License Kerasotes Theatres have access to the restaurant lounge – it is not required to show a VIP Theatre or other ShowPlace Theatre ticket to enter the restaurant, allowing all 21 and over guests to enjoy the restaurant setting. Finally, while all guests that are 21 and older may enjoy the restaurant food and beverages, only the VIP Theatre ticket holders will be allowed to bring beverages into the VIP Theater seating area. All other guests will be prohibited from bringing alcohol beyond the restaurant. In addition to the two identification checkpoints, all servers will participate in TIPS (Training for Intervention Procedures) to ensure the responsible service, sale, and consumption of alcohol. As with all new liquor licensees, additional training is also provided by City Police Department staff. The liquor license application has been reviewed by City Attorney’s office and the Police Department has conducted a full investigation. Various meetings have taken place with the applicant and city staff from Police Department, Inspections Department, Community Development Department, and the City Clerk Department. The required public hearing legal notice was published in the Sun Sailor Newspaper on May 21, 2009. The applicant has met all requirements for issuance of the liquor license and staff is recommending approval. The application and Police report are on file in the Office of the City Clerk should Councilmembers wish to review the information prior to the public hearing. Should the Council approve the liquor license, no actual license will be issued to the applicant until all the required compliance is met with the City Inspections Department. 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, $7,500 for on-sale intoxicating liquor license, and $200 for Sunday liquor license (pro-rated). VISION CONSIDERATION: Not applicable Attachments: Premises Map Conceptual Map Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting of June 1, 2009 (Item No. 6a) Subject: Public Hearing - Liquor License Kerasotes Theatres Page 3 Meeting of June 1, 2009 (Item No. 6a) Subject: Public Hearing - Liquor License Kerasotes Theatres Page 4 Meeting Date: June 1, 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: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100. RECOMMENDED ACTION: 1. Close public hearing. 2. Motion to approve the first reading of the attached ordinance authorizing creation of Special Service District #6 and to schedule the 2nd reading of the ordinance for June 15, 2009. POLICY CONSIDERATION: Does the City Council wish to take steps to create the City’s sixth special service district? BACKGROUND: The City proposes to install infrastructure improvements along 36th Street West between Wooddale Avenue and Highway 100. The improvements will replace the existing sidewalks, benches and retaining walls that are in poor condition, and provide a unified and pedestrian friendly design on this corridor. These special “streetscape” improvements include pedestrian lighting, planters, benches, bollards, bicycle parking, decorative tree lighting, new sidewalks, landscaping and irrigation systems. To date, five special service districts have been established in St. Louis Park along the Excelsior Boulevard and Park Place Boulevard corridors. Such special service districts provide funding for the proper maintenance of streetscape improvements. In order to maintain the proposed streetscape improvements along 36th Street West a sixth special service district must be established. As with the previous improvement projects, the City has worked with adjacent commercial property owners along 36th Street West to arrive at a proposed special service district. What has been the extent of communication with the affected property owners? City staff communicated with affected commercial property owners through group informational meetings, individual meetings and phone conversations, letters and newsletters in 2007-2009. At each of the three informational meetings in 2008 (January, July, December) City staff communicated how a special service district would operate and how the fees would be calculated and collected. Property owners received specific information regarding the proposed annual budget for the district and proposed service charge allocation for each property. City staff met individually with property owners within the proposed area of Special Service District #6 to discuss the potential improvements, the special service district concept, and responded to questions relevant to their particular properties. In addition, detailed information describing the proposed district and how costs would be allocated was distributed to all property owners in July and December. Meeting of June 1, 2009 (Item No. 6b) Page 2 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 Has the city received the sufficient level of petitions required to hold a public hearing? Yes. Owners of five of the 15 commercial parcels petitioned for a public hearing to consider the establishment of a special service district. These owners represent approximately 47% of the affected land area and 39.4% of the proposed service charges in the district. In order for the City Council to convene a public hearing, owners representing 25% or more of the land area in the proposed district, and owners subject to 25% or more of the proposed service charge, must file a petition requesting a public hearing. What services will the district provide? The district will provide for the maintenance of landscape materials, decorative lighting, banners, planters, the irrigation system and electric service (see attached Proposed List of Services). The majority of property owners expressed little interest in a higher level of snow and ice removal beyond what the City currently provides, thus snow removal is not part of the proposed district budget. How were the costs allocated to the property owners? The service charge is based on the amount of front footage each commercial property has along 36th Street West. While there are other methods available, front footage was determined to be the most easily understood and obtained. How would the service charges be collected? With the exception of 2009, the service charges will be collected through annual property tax payments. Due to the lag time between levy and collection, the service charge would first appear on property tax statements in Fall 2009 for payment in 2010. The service charges would then be collected in May and October of 2010. In order for district to incur and pay expenses in the interim, the City will mail invoices to affected property owners in October 2009. The total amount collected in this manner in 2009 will be 50% of the proposed annual budget. Is there a cap on the amount of the annual service charges? Yes, the maximum service charges to be imposed in 2009 and 2010 are outlined in the attached Proposed Annual Budget and Service Charges. Pursuant to the service charge resolution, the annual service charges may increase or decrease from the maximum authorized budgeted amount in the preceding year based upon changes in the Consumer Price Index (All Items) for the Minneapolis/St. Paul area. Such increases or decreases may not fluctuate more than 5% per year (which is the same for the other five districts in St. Louis Park). Who determines and controls the annual operating budget? As with the other five districts, an advisory board consisting of district property owners appointed by the City Council will be formed to oversee the district’s operation. The advisory board will advise the City Council in connection with the maintenance and operation of the improvements and the furnishing of special services in the district. The advisory board will recommend the annual budget to the City Council. It will also make recommendations to the City Council on requests and complaints of owners, occupants, and users of property within the district and members of the public. Meeting of June 1, 2009 (Item No. 6b) Page 3 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 How will the activities approved by the advisory board be implemented? The City’s Facilities Maintenance Superintendent will coordinate the advisory board and ensure that the district’s services are properly implemented. What is the term of the district? Are there limitations? The proposed district has a term of 10 years (same as the other five districts) at which time property owners must formally reapprove the district. FINANCIAL OR BUDGET CONSIDERATION: The City does not have the resources to maintain the proposed streetscape improvements to 36th Street West over the next ten years without the contribution of neighboring property owners. The special service district is a valuable instrument to properly maintain the public’s capital investment for 36th Street West streetscape improvements. The City owns three parcels in the service district. Although the City is not required to do so, it has been the practice in other service districts to pay the service charges on the City-owned lots. In this case, the City’s share of the annual budget would total $2,240.25 VISION CONSIDERATION: The proposed special service district advances the Vision St. Louis Park goals of promoting and integrating arts, culture, and community aesthetics in all City initiatives, including implementation where appropriate; as well as, being a connected and engaged community by increasing use of new and existing gathering places and ensuring accessibility throughout the community. NEXT STEPS: Following approval of the first reading, the City Council will be asked at the June 15, 2009 meeting to approve the second reading of the ordinance creating Special Service District #6 and to adopt a resolution imposing the service charges within the district. A 45-day period follows during which property owners can veto establishing the district. The new special service district will go into effect unless owners of 35% of the affected properties or owners subject to 35% or more of the service charges submit a petition to veto the formation of the district. Without a veto, the district will be in effect on July 30, 2009. Attachments: Ordinance Authorizing Creation of SSD #6 o Proposed List Parcels In Special Service District No. 6 (Exhibit A) o Proposed Map of Special Service District No. 6 (Exhibit B) Resolution Imposing Service Charge (draft for review, not for action at this meeting) o Proposed List Parcels In Special Service District No. 6 (Exhibit A) o Proposed Map of Special Service District No. 6 (Exhibit B) o Proposed Annual Budget and Service Charges (Exhibit C) o Proposed List of Services (Exhibit D) Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Tom Scott, City Attorney Approved by: Tom Harmening, City Manager Meeting of June 1, 2009 (Item No. 6b) Page 4 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 ORDINANCE NO. _____-09 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE AUTHORIZING CREATION OF SPECIAL SERVICE DISTRICT NO. 6 WHEREAS, the City has received a petition to establish a special service district pursuant to Minnesota Statutes, Section 428A.02 (the "Petition") from the owners of certain property located adjacent to 36th Street West within an area approximately bounded by Wooddale Avenue to State Trunk Highway 100. The specific properties included within this area are identified on Exhibit "A" attached hereto and generally depicted on Exhibit "B" attached hereto and the right-of-way adjacent thereto; and WHEREAS, the St. Louis Park City Council (the "City Council") has determined each of the following: (A) The owners of at least twenty-five percent (25%) or more of the land area of property that would be subject to the service charge have signed the Petition; (B) The owners subject to twenty-five percent (25%) or more of the proposed service charge have signed the Petition; (C) It is appropriate to establish a special service district; and WHEREAS, notice of the public hearing concerning the petition to establish a special service district was published in the St. Louis Park Sailor on May 14, 2009 and May 28, 2009. Additionally, the City mailed notice of the hearing to the owner of record of each parcel within the area proposed to be included within the special service district. For the purposes of giving such mailed notice, the notice was sent to those shown on the records of the County Auditor. The City Council has determined that said notices were published and sent in accordance with the requirements of Minnesota Statutes, Section 428A.02. The public hearing was held on June 1, 2009, before the St. Louis Park City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Establishment of District. The City hereby establishes a special service district pursuant to Minnesota Statutes, Sections 428A.01 through 428A.101 (the “Act”) consisting of the properties identified on Exhibit "A" attached hereto and depicted on Exhibit "B" attached hereto and the right-of-way adjacent thereto (the "District"). Meeting of June 1, 2009 (Item No. 6b) Page 5 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 SECTION 2. Services to be Performed. 2.01 Provision of Services. The City may provide or contract for services in the District; except, however, that the special services provided shall not include a service that is ordinarily provided throughout the City from the general fund revenue of the City unless an increased level of service is provided in the District. 2.02 Description of Services. The City may provide or contract for the following services: (a) Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and streets. (b) Purchase, installation, maintenance, removal, and replacement of banners and other decorative items for promotion of the District. (c) Poster and handbill removal. (d) Repair and maintenance of sidewalks. (e) Purchase, installation, maintenance, and removal of area-wide security systems. (f) Coordination of security personnel to supplement regular City personnel. (g) Purchase, installation, maintenance, repair, cleaning, and removal of area directories, kiosks, benches, bus shelters, newspaper stands, trash receptacles, information booths, bicycle racks and bicycle storage containers, sculptures, murals, and other public area art pieces. (h) Purchase, installation, maintenance, and removal of decorative lighting on area trees. (i) Cost of electrical service for pedestrian and decorative tree lighting. (j) Repair of low-level pedestrian lights and poles. (k) Comprehensive liability insurance for public space improvements. (l) Trash removal and recycling costs. (m) Purchase, installation, maintenance, replacement, and removal of special signage relating to vehicle and bicycle parking, vehicle and pedestrian movement, and special events. (n) Watering, fertilizing, maintenance, and replacement of trees, shrubbery, and annual flowers and perennials on the public right-of-way. (o) Repair, maintenance and replacement of irrigation system. (p) Maintenance and operation of a public transit system. (q) Promotion and administration. (r) Maintenance of a reserve fund or capital reserve fund. (s) Installation, maintenance, and removal of capital improvements. (t) Snow plowing and snow removal from sidewalks, trails, on-street parking bays and roads Meeting of June 1, 2009 (Item No. 6b) Page 6 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 SECTION 3. Service Charge. 3.01 Petition Requirements. Before taking any action to impose a service charge to pay the cost of services described in Section 2, owners of 25 percent or more of the land area of property that would be subject to service charges in the proposed special service district and either: (1) owners of 25 percent or more of the net tax capacity of property that would be subject to a proposed service charge, based on net tax capacity; or (2) owners, individuals, and business organizations subject to 25 percent or more of a proposed service charge based on other than net tax capacity file a petition requesting a public hearing on the proposed action with the City Clerk. 3.02 Relationship to Service. The City may impose service charges against properties located within the District pursuant to Minnesota Statutes. The City may impose service charges that are reasonably related to the special services provided. Charges for services shall be as nearly as possible proportionate to the cost of furnishing the service, and may be fixed on the basis of the service directly rendered, or by reference to a reasonable classification of the types of premises to which service is furnished, or on any other equitable terms. Taxes and service charges may be levied pursuant to this ordinance to finance special services ordinarily provided by the City only if the services are provided in the District at an increased level and, then, only in an amount sufficient to pay for the increase. 3.03 Limitation of Service Charges. Service charges may only be imposed on property as authorized by the Act. SECTION 4. Imposition of Service Charge. 4.01 Public Hearing. Before imposing a service charge in the District, for each calendar year, the City shall hold a public hearing. At the hearing, a person affected by the District or the proposed service charge may testify on any issues relevant to the proposed service charge. The hearing may be adjourned from time to time. 4.02 Notice of Hearing. The City shall give prior notice of the public hearing to impose service charges required by Section 4.01. Notice of the public hearing must be mailed to any property owner, individual, or business organization subject to the proposed service charge. Notice of the public hearing shall be given in two (2) separate publications of the City's official newspaper two weeks apart and the public hearing shall not be held less than three (3) days after the later publication. Not less than ten (10) days prior to the hearing, notice shall be mailed to the owner of record of each parcel of real estate within the District. For the purpose of giving such mailed notice, owners shall be those shown on the records of the County Auditor. For properties which are tax exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the records of the County Auditor, the owners shall be ascertained by any practical means, and mailed notice given them. 4.03 Content of Notice. The notice shall include: (a) a statement that all interested persons will be given an opportunity to be heard at the hearing regarding the proposed service charge; (b) the estimated cost of improvements to be paid for in whole or in part by service charges imposed, the estimated cost of operating and maintaining the improvements during the first year and upon completion of the improvements, the proposed method and source of financing the improvements, and the annual cost of operating and maintaining the improvements; Meeting of June 1, 2009 (Item No. 6b) Page 7 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 (c) the proposed rate or amount of the proposed service charge to be imposed in the District during the calendar year and the nature and character of the special services rendered in the District during the calendar year in which the service charge is to be collected; (d) a statement that the petition requirements of Minnesota Statutes have either been met or do not apply to the proposed service charge; and (e) if the City is adopting a resolution imposing a service charge for more than one year, the information required by Section 4.05 below. 4.04 Adoption of Resolution. Within six (6) months of the public hearing, the City may adopt a resolution (the “Resolution”) imposing a service charge within the District not exceeding the amount or rate expressed in the notice issued under this Section. 4.05 Multi-year Service Charge. The City may adopt a resolution imposing a service charge for more than one year. The City must give notice of such a resolution by including with the notice of public hearing required by Section 4.02, and including with the notice mailed with the adopted resolution the following information: (a) In the case of improvements constructed within the District, the maximum service charge to be imposed in any year and the maximum number of years charges imposed to pay for the improvements; and (b) In the case of operating and maintaining services, the maximum service charges to be imposed in any year and the maximum number of years charges imposed to pay for the service, or a statement that the service charges will be imposed for an indefinite number of years. The resolution imposing a service charge for more than one year may provide that the maximum service charge to be imposed in a year will increase or decrease from the maximum amount authorized in the preceding year based on an indicator of increased cost or a percentage amount established by the resolution. Each calendar year, a public hearing must be held regarding the imposed service charge. Notice of the hearing must be given and must be mailed to any individual or business organization subject to the service charge. The notice must be sent in the manner specified in Section 4.02. The notice shall include the information specified in Section 4.03(a) through (d). The purpose of the hearing shall be to allow persons or companies affected by the service charge to testify on any issue related to the service charge. SECTION 5. Imposition of Service Charges. Service charges may be imposed on property within the District at a rate or amount sufficient to produce the revenues required to provide special services in the District. Except as otherwise provided herein, the service charges imposed shall be imposed against parcels of real estate within the District in the manner and subject to the procedures in the Resolution. The service charges shall be imposed annually. Service charges may be collected in advance of, contemporaneously with, or subsequent to the rendering of services to which the service charges relate. Meeting of June 1, 2009 (Item No. 6b) Page 8 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 SECTION 6. Collection of Service Charges. 6.01 Collection. All service charges may be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes. The Resolution may provide for other means of collecting service charges. 6.02 Penalty and Interest. When service charges are made payable in the same manner as provided for payment and collection of ad valorem taxes, service charges not paid on or before the applicable due date shall be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the respective date. 6.03 Due Date. The due date for a service charge payable in the same manner as ad valorem taxes is the due date given in law for the real or personal property tax for the property on which the service charge is imposed. Service charges imposed on net tax capacity which are to become payable in the following year must be certified to the County Auditor by the date provided in Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment installments. Other service charges imposed may be collected as provided by the Resolution. SECTION 7. Revenue Surplus. To the extent that the total of service charges collected exceed the cost of services rendered within the District, at the election of the City, all or a portion of such excess amount shall either be held as a reserve to pay the cost of future services provided under this ordinance or applied to reduce the next year’s service charge levy. SECTION 8. Advisory Board. 8.01 Composition and Appointment. An advisory board to be known as the Special Service District Advisory Board consisting of a number of members determined by the City Council, at its discretion, who are residents of the District or owners (or their representatives) of property within the District, may be created by the City Council by Resolution. At the time of adopting a resolution, the City Council may approve a set of By-laws which will govern the advisory board's activities. The City Council at its discretion may pass a resolution terminating or suspending the advisory board. 8.02 Role of Board. The advisory board shall advise the City Council in connection with the construction, maintenance, and operation of improvements and the furnishing of special services in the District. The advisory board shall recommend an annual budget to the City Council. It shall make recommendations to the City Council on requests and complaints of owners, occupants, and users of property within the District and members of the public. Before the adoption of any proposal by the City Council to provide services or impose taxes of service charges within the District, the advisory board of the District shall have an opportunity to review and comment upon the proposal. 8.03 Removal and Termination. The City Council reserves for itself the right, at its sole discretion, to remove members of the advisory board, with or without cause, or to disband and terminate the advisory board before the expiration of the District. Meeting of June 1, 2009 (Item No. 6b) Page 9 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 SECTION 9. Veto Powers. 9.01 Notice of Veto Right. Within five (5) days after adoption of the ordinance establishing the District or a resolution imposing a service charge, the City shall mail a summary of the ordinance or resolution to the owner of each parcel included within the District and any individual or business organization subject to the service charge. For the purpose of giving such mailed notice, owners shall be those shown on the records of the County Auditor. For properties which are tax exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the records of the County Auditor, the owners shall be ascertained by any practical means, and mailed notice given them. 9.02 Content of Notice. The notice must state that the owner, business, or person subject to the service charge has the right to veto the ordinance or resolution by filing the required number of objections with the City Clerk before the effective date of the ordinance or resolution. The notice must also state that a copy of the ordinance or resolution is on file with the City Clerk. 9.03 Requirements for Veto. (a) Veto of Ordinance. If owners of 35 percent or more of the land area in the district subject to the service charge based on net tax capacity or owners, individuals, and business organizations subject to 35 percent or more of the service charges to be imposed in the district, file an objection to the ordinance adopted by the city under section 428A.02 with the city clerk before the effective date of the ordinance, the ordinance does not become effective. (b) Veto of Resolution - Net Tax Capacity. If the owners of thirty-five percent (35%) or more of the land area in the District subject to a service charge based upon net tax capacity or owners of thirty-five percent (35%) or more of the net tax capacity in the District subject to a service charge based on net tax capacity file an objection to the resolution imposing a service charge based upon net tax capacity with the City Clerk before the effective date of the resolution, the resolution does not become effective. (c) Veto of Resolution - Other Basis. If owners, individuals, and business organizations subject to 35 percent or more of the service charges to be imposed in the district file an objection to the resolution adopted imposing a service charge on a basis other than net tax capacity under section 428A.03 with the city clerk before the effective date of the resolution, the resolution does not become effective. In the event of a veto, no district shall be established during the current calendar year and until a petition meeting the qualifications set forth in this subdivision for a veto has been filed. 9.04 Effect of Veto. In the event of a veto, no district shall be established during the current calendar year and until a petition meeting the requirements set forth in this Section for a veto has been filed. Meeting of June 1, 2009 (Item No. 6b) Page 10 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 SECTION 10. Exclusion from Petition Requirements and Veto Power. The petition requirements of the Act do not apply to second or subsequent years' action to impose service charges under Section 4. The right of owners and those subject to a service charge to veto a resolution in Section 9 does not apply to second or subsequent years' applications of a service charge that is authorized to be in effect for more than one year under a resolution that has not been vetoed for the first year's application. SECTION 11. Enlargement of District. Boundaries of the District may be enlarged only after petition, hearing and notices as provided in Minnesota Statutes. Notice must be served in the original District and in the area proposed to be added to the District. The petition to enlarge the District must include a request for the imposition of service charges sufficient to provide services to the property. Petition requirements of Minnesota Statutes, Section 428A.08 and the veto power of Minnesota Statutes, Section 428A.09 shall only apply to owners in the area proposed to be added to the District. SECTION 12. Definitions and Construction. The terms used herein shall be defined as provided in Minnesota Statutes, Chapter 428A and this ordinance shall be construed consistently therewith. SECTION 13. Effective Date. This ordinance shall be effective on the forty-fifth (45th) day following adoption, which effective date shall be July __, 2009. First Reading June 1, 2009 Second Reading June 15, 2009 Date of Publication June 25, 2009 Date Ordinance takes effect July 30, 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 June 1, 2009 (Item No. 6b) Page 11 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 EXHIBIT “A” Parcels in Special Service District No. 6 PIN Address Owner 16-117-21-34-0027 3601 Wooddale Ave The Rottlund Company Inc 16-117-21-34-0355 5600 36th St W SLP Harmony Marketplace LLC 16-117-21-34-0073 5605 36th St W 36th Street LLC 16-117-21-34-0068 5800 36th St W Standal Properties Inc 16-117-21-34-0040 5700 36th St W Standal Properties Inc 16-117-21-34-0077 5721 36th St W Arnold R Bloomquist 16-117-21-34-0072 5701 36th St W M A Lerner & S O Lerner 16-117-21-34-0024 3575 Wooddale Ave City of St Louis Park 16-117-21-34-0042 5814 36th St W City of St Louis Park 16-117-21-34-0041 5816 36th St W City of St Louis Park 16-117-21-34-0038 5724 36th St W LJR of Minnesota Ltd Partnership 16-117-21-34-0071 5718 36th St W M A Lerner & S O Lerner 16-117-21-34-0046 5727 36th St W R & SA Investment LLC 16-117-21-34-0015 3536 State Hwy No 100 S SLMB LLC 16-117-21-34-0001 5810 37th St W The Rottlund Co Inc Meeting of June 1, 2009 (Item No. 6b) Page 12 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 EXHIBIT “B” Boundaries of Special Service District No. 6 Meeting of June 1, 2009 (Item No. 6b) Page 13 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 SUMMARY ORDINANCE NO.____-09 ORDINANCE CREATING SPECIAL SERVICE DISTRICT NO. 6 36th Street West between Wooddale Avenue and State Trunk Highway 100 This ordinance states that a Special Service District will be created for 36th Street West between Wooddale Avenue and State Trunk Highway 100. The ordinance establishes the Special Service District boundary, lists the properties that will be included in the district, and describes the services that may be provided in the District. This ordinance shall take effect 45 days after publication. Adopted by the City Council June 15, 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 25, 2009 Meeting of June 1, 2009 (Item No. 6b) Page 14 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 RESOLUTION NO. 09-____ RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 6 BE IT RESOLVED by the City Council of St. Louis Park, Minnesota, as follows: Section 1. Recitals: Findings. 1.01 Pursuant to Ordinance No. ______, (the “Ordinance”) the City created Special Service District No. 6 for certain property located adjacent to 36th Street West between Wooddale Avenue and State Trunk Highway 100. The specific properties included within this area are identified on Exhibit "A" attached hereto and generally depicted on Exhibit "B" attached hereto and the right-of-way adjacent thereto (the "District"). 1.02 The City has received a petition requesting a public hearing to impose a service charge from the owners of property within the District (the "Petition"). 1.03 The City Council has determined each of the following: (a) owners of twenty-five percent (25%) or more land area of property that would be subject to service charges in the proposed special service district have signed the Petition; (b) owners, individuals, and business organizations subject to 25 percent or more of a proposed service charge have signed the Petition; (c) only owners of property located within the District have signed the Petition; (d) only owners of property classified under Minnesota Statutes, Section 273.13 as commercial, industrial, or public utility purposes, or that is vacant land zoned or designated on a land use plan for commercial, industrial, or public utility purposes, have signed the Petition; and (e) notice of a public hearing has been given and a public hearing has been held. Section 2. Imposition of Service Charge. 2.01 Amount of Service Charge. There is hereby imposed a service charge in the amounts and against the properties specified on Exhibit "C" attached hereto (the "Service Charge"). The City imposes a service charge, payable in 2010, for special services provided during the period of January 2010 - December 2010 in a maximum amount of $24,450. A partial service charge in the amount of $12,225 will be collected in 2009. The maximum service charge in all subsequent years will be calculated pursuant to the provisions of Section 2.04. 2.02 Multi-year Service Charge. The Service Charge imposed by this resolution is for more than one year. The Service Charge will remain in effect through and including the year 2019 for taxes payable in said year. 2.03 Calculation of Service Charge. The Service Charge for all costs related to the District shall be distributed based upon the front feet adjacent to 36th Street West for each parcel within the District and subject to the Service Charge. The estimated annual cost share for parcel is shown in Exhibit “D”. Meeting of June 1, 2009 (Item No. 6b) Page 15 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 2.04 Inflation Adjuster. Commencing with the service charge payable in 2011, the maximum service charge to be imposed in any year (the "Current Year") will increase from the maximum authorized budgeted amount for the year immediately preceding the Current Year (the "Prior Year") based upon the following: The Consumer Price Index (All Items) for the Minneapolis/St. Paul Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published for the date nearest the commencement of the Current Year (the "Current Year Index"), shall be compared with the Index published for the date nearest the commencement of the Prior Year (the "Prior Year Index"). If the Current Year Index has increased over the Prior Year Index, the Maximum Service Charge shall be increased by multiplying the Maximum Service Charge by a fraction, the numerator of which is the Current Year Index and the denominator of which is the Prior Year Index. If the Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. Notwithstanding increases in the Index of greater than five percent (5%), the Maximum Service Charge shall not increase from any Prior Year to any Current Year by an amount greater than five percent (5%) of the Prior Year's Service Charge. 2.05 Distribution of Total Service Charge. The distribution of the total Service Charge among properties within the District and subject to the Service Charge may vary and shall be recalculated pursuant to the formula specified in Section 2.03 if and to the extent that a parcel increases or decreases in size by acquisition or sale. 2.06 Use of Revenues. Revenues collected through the imposition of service charges may be used by the City for any purposes authorized in the Ordinance. Exhibit “D” contains the services proposed for funding in 2009 and 2010. The services and the revenues allocated to each service are subject to change at the discretion of the City. Section 3. Collection of Service Charges. 3.01 Collection. The Services Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; except that the City may directly bill owners of parcels located within the District and subject to the Service Charge for the Service Charge due and payable in calendar year 2009. For purposes of determining the appropriate tax rate, taxable property or net tax capacity shall be determined without regard to captured or original net tax capacity under Minnesota Statutes, Section 469.177 or to the distribution or contribution value under Minnesota Statutes, Section 473F.08. Any service charge due and payable in calendar year 2009 that remains unpaid as of October 31, 2009, shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes in the year 2010. 3.02 Penalty and Interest. Service Charges made payable in the same manner as provided for payment and collection of ad valorem taxes, if not paid on or before the applicable due date, shall be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the respective date. Meeting of June 1, 2009 (Item No. 6b) Page 16 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 3.03 Due Date. The due date for the Service Charge payable in the same manner as ad valorem taxes is the due date given in law for the real or personal property tax for the property on which the service charge is imposed. Service Charges imposed on net tax capacity which are to become payable in the following year must be certified to the County Auditor by the date provided in Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment installments. Section 4. Revenue Surplus. To the extent that the total of Service Charges collected exceed the cost of services rendered within the District, at the election of the City, all or a portion of such excess amount shall either be held as a reserve to pay the cost of future services provided under this resolution or applied to reduce the next year’s service charge levy. Section 5. Recording. The City may record this Resolution against parcels located within the District and subject to the Service Charge for the purpose of providing notice of the Service Charge to prospective purchasers of such parcels. Section 6. Effective Date. This Resolution shall be effective on the forty-fifth (45th) day following adoption, which effective date shall be July 30, 2009. Reviewed for Administration: Adopted by the City Council June 15, 2009 City Manager Mayor Attest: City Clerk Meeting of June 1, 2009 (Item No. 6b) Page 17 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 EXHIBIT “A” Properties Within Proposed Special Service District No. 6 PIN Address Owner 16-117-21-34-0027 3601 Wooddale Ave The Rottlund Company Inc 16-117-21-34-0355 5600 36th St W SLP Harmony Marketplace LLC 16-117-21-34-0073 5605 36th St W 36th Street LLC 16-117-21-34-0068 5800 36th St W Standal Properties Inc 16-117-21-34-0040 5700 36th St W Standal Properties Inc 16-117-21-34-0077 5721 36th St W Arnold R Bloomquist 16-117-21-34-0072 5701 36th St W M A Lerner & S O Lerner 16-117-21-34-0024 3575 Wooddale Ave City of St Louis Park 16-117-21-34-0042 5814 36th St W City of St Louis Park 16-117-21-34-0041 5816 36th St W City of St Louis Park 16-117-21-34-0038 5724 36th St W LJR of Minnesota Ltd Partnership 16-117-21-34-0071 5718 36th St W M A Lerner & S O Lerner 16-117-21-34-0046 5727 36th St W R & SA Investment LLC 16-117-21-34-0015 3536 State Hwy No 100 S SLMB LLC 16-117-21-34-0001 5810 37th St W The Rottlund Co Inc Meeting of June 1, 2009 (Item No. 6b) Page 18 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 EXHIBIT “B” Proposed Boundary Special Service District No. 6 Meeting of June 1, 2009 (Item No. 6b) Page 19 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 EXHIBIT “C” Proposed Annual Budget and Service Charges Special Service District No. 6 City of St. Louis Park ESTIMATED ANNUAL OPERATING BUDGET Service Item Annual Cost General Supplies $400 Landscape Materials $2,000 Special Service District Management Fees $2,500 Site Maintenance $1,000 Banner Install/Repair $1,000 Irrigation Service $3,500 Decorative Lighting Install $3,500 Landscape Service $9,000 Legal $150 Public Liability $400 Infrastructure Repair $1,000 TOTAL $24,450 ESTIMATED ANNUAL COST SHARE Address Owner Front Feet % Total Frontage 2009 Service Charge 2010 Service Charge 3601 Wooddale Ave The Rottlund Company Inc 374 17.31% $2,115.79 $4,231.57 5600 36th St W SLP Harmony Marketplace LLC 350 16.20% $1,982.11 $3,964.21 5605 36th St W 36th Street LLC 333 15.41% $1,883.84 $3,767.68 5800 36th St W Standal Properties Inc 198 9.16% $1,120.12 $2,240.24 5700 36th St W Standal Properties Inc 198 9.16% $1,120.12 $2,240.24 5721 36th St W Arnold R Bloomquist 139 6.43% $786.35 $1,572.70 5701 36th St W M A Lerner & S O Lerner 125 5.78% $707.15 $1,414.30 3575 Wooddale Ave City of St Louis Park 66 3.06% $373.37 $746.75 5814 36th St W City of St Louis Park 66 3.05% $373.37 $746.75 5816 36th St W City of St Louis Park 66 3.05% $373.37 $746.75 5724 36th St W LJR of Minnesota Ltd Partnership 66 3.05% $373.37 $746.75 5718 36th St W M A Lerner & S O Lerner 66 3.05% $373.37 $746.75 5727 36th St W R & SA Investment LLC 66 3.05% $373.37 $746.75 3536 State Hwy No 100 S SLMB LLC 48 2.22% $269.28 $538.56 5810 37th St W The Rottlund Company Inc 0 0.00% $0.00 $0.00 TOTAL 2,161 100.00% $12,225.00 $24,450.00 Notes: 1. The cost allocation formula is based upon linear street front footage. 2. The” 2009 Service Charge” is a partial service charge (half of the estimated annual Service District Budget) to pay any expenses incurred before special assessments are paid in 2010. The City will mail invoices to property owners to collect the 2009 Service Charge. The 2009 Service Charge will be invoiced in October 2009. 3. The “2010 Service Charge” shown above is the estimated charge based on the 2009 Service District Budget. The actual 2010 Service Charge and charges for future years are subject to change based on the annual Service District Budget and Service Charge Resolution approval. The cost allocation formula is based upon street front footage. Meeting of June 1, 2009 (Item No. 6b) Page 20 Subject: Creation of Special Service District No. 6 – 36th Street W. from Wooddale Avenue to Highway 100 EXHIBIT “D” Proposed Services List Special Service District No. 6 City of St. Louis Park Services to be Performed Description of Services. The City may provide or contract for the following services in Special Service District No. 6: • Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and streets • Installation, maintenance, removal, and replacement of banners and other decorative items for promotion of the District • Poster and handbill removal • Repair and maintenance of sidewalks • Maintenance, repair, cleaning, and removal of area directories, kiosks, benches, bus shelters, newspaper stands, trash receptacles, information booths, bicycle racks • Purchase, installation, maintenance, and removal of decorative lighting on area trees • Cost of electrical service for pedestrian and decorative tree lighting • Repair of low-level pedestrian lights and poles • Comprehensive liability insurance for public space improvements • Watering, fertilizing, maintenance, and replacement of trees, shrubbery, and annual flowers and perennials on the public right-of-way • Repair, maintenance and replacement of irrigation system • Administration • Maintenance of a reserve fund for operations • Maintenance of capital improvements