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HomeMy WebLinkAbout2009/08/17 - ADMIN - Agenda Packets - City Council - RegularAGENDA AUGUST 17, 2009 COUNCIL CHAMBERS Councilmember Finkelstein Absent 6:00 p.m. RAINBOW RIBBON CUTTING AND WEST END TOUR 7:30 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes May 18, 2009 4. Approval of Agenda 5. Reports 5a. Economic Development Authority Vendor Claims 6. Old Business 7. New Business 7a. Fourth Amendment to the Redevelopment Contract with Union Land II LLC, et al. Recommended Action: Motion to adopt Resolution approving a Fourth Amendment of a Contract for Private Redevelopment By and Between the St. Louis Park Economic Development Authority and Union Land II LLC, KAN & Associates, LLC, Webster Group, LLC and Camerata LLC. 8. Communications 9. Adjournment 7:40 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. St. Louis Park High School Day One Event 2b. Junior Naturalist Recognition 2c. Comprehensive Plan Neighborhood Planning Input Process Presentation 3. Approval of Minutes 3a. City Council Minutes August 3, 2009 Meeting of August 17, 2009 City Council Agenda 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, approve items on the consent calendar, and waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion, and to approve those items remaining on the consent calendar.) 5. Boards and Commissions 5a. Appointment of Citizen Representatives to Boards and Commissions Recommended Action: Motion to appoint Youth Commissioner Sam Flumerfelt as a city representative to the Parks & Recreation Advisory Commission and Alison Knoche Prosser to the Human Rights Commission. 6. Public Hearings 6a. Public Hearing – Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Proposed Modification of the Elmwood Village Tax Increment Financing District; and, Approval of Special Legislation to Extend Elmwood Tax Increment Financing District. Recommended Action: Motion to continue the public hearing. Motion to adopt Resolution Approving 2009 Minnesota Laws, Chapter 88, Article 5, Section 19 Relating to a Tax Increment financing District in the City of St. Louis Park. 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 August 17, 2009 City Council Agenda 4. CONSENT CALENDAR 4a. Adopt Resolution Designating Polling Places and Appointing Election Judges for the Primary and General Elections of 2009 4b. Approve an Encroachment Agreement at 1600 West End Boulevard for Temporary Private Use of Public Land for truck court gates and directional signs 4c. Adopt Resolution Authorizing the Special Assessment for the Repair of the Water Service Line at 2633 Natchez Avenue South, St. Louis Park, MN 4d. • Motion to designate Thomas and Sons Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $614,316.30 for the W. 36th Street Streetscape Project – Project No. 2008-2600. • Motion to authorize entering into a contract with SRF Consulting Group, Inc. to provide professional services during construction of the project 4e. Adopt Resolution Authorizing Installation of 2-Way Stop Signs on 351/2 Street West at Xenwood Avenue South, Traffic Study No. 613 4f. Adopt Resolution Authorizing Installation of “Bus Parking Only 7 a.m. to 5 p.m. Monday through Friday” Restrictions on the north side of Hamilton Street from Wooddale Avenue to Dakota/Georgia Avenue South in the proximity of 3424 Wooddale Avenue, Traffic Study No. 614. 4g. Approve Change Order No. 3 to Contract No. 60-07, Flood Improvement Project - Area #26 (Dakota Park) - Project 2003-1300 4h. Adopt Resolution Authorizing Final Payment in the Amount of $74,831.18 for the Dakota Park Area Flood Improvement Project, Project No. 2003-1300, City Contract No. 60-07 4i. Adopt Resolution Accepting the Project Report, Establishing Improvement Project No. 2008-1101 Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2008-1101 4j. Adopt Resolution Accepting the Project Report, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Replacement Cable TV Van 4k. Designate Midwest Asphalt Corporation as the lowest responsible bidder of the reconstruction to the trail system, parking lots and basketball courts in Aquila Park and authorize execution of a contract with the firm in the amount of $178,350.00 for Project Nos. 2009-0040 and 2009-0210 4l. Approve for Filing Vendor Claims 4m. Approve for Filing Board of Zoning Appeals Minutes June 25, 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: August 17, 2009 Agenda Item #: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA MAY 18, 2009 1. Call to Order President Finkelstein called the meeting to order at 7:20 p.m. Commissioners present: President Finkelstein, John Basill, C. Paul Carver, Jeff Jacobs, Paul Omodt and Loran Paprocki. Commissioners absent: Susan Sanger. Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke), Public Works Director (Mr. Rardin), Finance Director (Mr. DeJong) and Recording Secretary (Ms. Schmidt). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes April 20, 2009 It was moved by Commissioner Jacobs, seconded by Commissioner Omodt, to approve the EDA minutes as presented. The motion passed 6-0. 4. Approval of Agenda The motion passed 6-0. 5. Reports 5a. EDA Vendor Claims It was moved by Commissioner Paprocki, seconded by Commissioner Carver, to approve the EDA Vendor Claims. The motion passed 6-0. 6. Old Business - None Meeting of August 17, 2009 (Item No. 3a) Page 2 Subject: Economic Development Authority Minutes May 18, 2009 7. New Business 7a. Approve Interfund Loan for Victoria Ponds TIF District EDA Resolution No. 09-07 Mr. DeJong presented the staff report. It was moved by Commissioner Carver, seconded by Commissioner Paprocki, to adopt EDA Resolution No. 09-07 authorizing an interfund loan agreement for the Victoria Ponds TIF District from the Development Fund. The motion passed 6-0. 7b. Pledge of Tax Increment for Tax Increment Refunding Bonds, Series 2009A EDA Resolution No. 09-08 Mr. DeJong presented the staff report. It was moved by Commissioner Omodt, seconded by Commissioner Jacobs, to adopt EDA Resolution No. 09-08, authorizing execution of a Tax Increment Pledge Agreement with the City of St. Louis Park related to the $2,020,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2009A. The motion passed 6-0. 8. Communications - None 9. Adjournment The meeting adjourned at 7:25 p.m. ______________________________________ ______________________________________ Secretary President Meeting Date: August 17, 2009 Agenda Item #: 5a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Vendor Claims Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to Accept for Filing Vendor Claims for the period May 18 through August 14, 2009. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report for council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 8/12/2009CITY OF ST LOUIS PARK 6:44:55R55CKSUM LOG23000VO 1Page -Council Check Summary 8/14/2009 -5/18/2009 Vendor AmountBusiness Unit Object 4,700.00DEVELOPMENT - EDA G&A AUDITING AND ACCOUNTING SERVICABDO EICK & MEYERS LLP 4,700.00 808.75BASS LAKE/EDI ENVIRONMENT ANALYSISAECOM INC 808.75 95,122.34AQUILA COMMONS G & A DEVELOPER TAX INCREMNT PYMTAQUILA SENIOR LLC 95,122.34 7,000.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESARBOR COMM MORTGAGE & MINIKAHD 7,000.00 6,947.62DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESBARR ENGINEERING CO 6,947.62 58,284.00WOLFE LAKE COMMERCIAL TIF G&A DEVELOPER TAX INCREMNT PYMTBELT LINE PROPERTIES INC 58,284.00 14,285.00BASS LAKE/EDI OTHER CONTRACTUAL SERVICESBITUMINOUS ROADWAYS INC 14,285.00 585.00DEVELOPMENT - EDA G&A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 150.00DEVELOPMENT - EDA G&A PLANNING 735.00 52.35DEVELOPMENT - EDA G&A OFFICE SUPPLIESCITIZENS INDEPENDENT BANK 345.50DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 821.96DEVELOPMENT - EDA G&A TRAINING 10.00DEVELOPMENT - EDA G&A MEETING EXPENSE 1,229.81 63,750.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESCREATIVE NERVE INC 63,750.00 170,838.73CSM TIF DIST G&A DEVELOPER TAX INCREMNT PYMTCSM CORPORATION 170,838.73 31,639.42EDGEWOOD TIF DIST G & A DEVELOPER TAX INCREMNT PYMTEDGEWOOD INVESTORS LLC 31,639.42 1,365.00AQUILA COMMONS TIF ADMIN OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 285.00EXCELSIOR BLVD G&A OTHER CONTRACTUAL SERVICES Meeting of August 17, 2009 (Item No. 5a) Subject: EDA Vendor Claims Page 2 8/12/2009CITY OF ST LOUIS PARK 6:44:55R55CKSUM LOG23000VO 2Page -Council Check Summary 8/14/2009 -5/18/2009 Vendor AmountBusiness Unit Object 105.00ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES 1,755.00 129,107.69PARK COMMONS G&A DEVELOPER TAX INCREMNT PYMTEXCELSIOR & GRAND LLC 129,107.69 3,595.80DEVELOPMENT - EDA G&A PLANNINGFORECAST PUBLIC ARTWORKS 3,595.80 5,000.00HRA LEVY G&A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 1,000.00HRA LEVY LEGAL SERVICES 6,000.00 593,500.48PARK COMMONS G&A DEVELOPER TAX INCREMNT PYMTGOTTMAR LLC 593,500.48 72,746.95HWY 7 BUSINESS CENTER G & A DEVELOPER TAX INCREMNT PYMTHIGHWAY 7 BUSINESS CENTER LLC 72,746.95 224.17DEVELOPMENT - EDA G&A GENERAL PROFESSIONAL SERVICESHIX & KURZEKA CONSULTING INC 224.17 20,568.97DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESHOISINGTON KOEGLER GROUP INC 20,568.97 12.75DEVELOPMENT - EDA G&A MEETING EXPENSEHUNT, GREG 140.80DEVELOPMENT - EDA G&A MILEAGE-PERSONAL CAR 153.55 532.50HRA LEVY LEGAL SERVICESKENNEDY & GRAVEN 1,697.00DEVELOPMENT - EDA G&A LEGAL SERVICES 360.00AQUILA COMMONS G & A LEGAL SERVICES 45.00HSTI TIF ADMIN LEGAL SERVICES 2,634.50 33.33DEVELOPMENT - EDA G&A GENERAL SUPPLIESLAKES GAS CO 33.33 2,499.00BASS LAKE/EDI IMMOVABLE FIXTURESLAWRENCE SIGN 2,499.00 822.00DEVELOPMENT - EDA G&A ENVIRONMENT ANALYSISLHB ENGINEERS & ARCHITECTS Meeting of August 17, 2009 (Item No. 5a) Subject: EDA Vendor Claims Page 3 8/12/2009CITY OF ST LOUIS PARK 6:44:55R55CKSUM LOG23000VO 3Page -Council Check Summary 8/14/2009 -5/18/2009 Vendor AmountBusiness Unit Object 822.00 9,000.00HRA LEVY LEGAL SERVICESLOCKRIDGE GRINDAL NAUEN PLLP 9,000.00 532.50DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESMIDWEST PLAYSCAPES INC 532.50 2,000.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA SOLUTIONS INC 2,000.00 105,392.09MILL CITY G&A DEVELOPER TAX INCREMNT PYMTMSP REAL ESTATE INC. 105,392.09 605.21DEVELOPMENT - EDA G&A TELEPHONENEXTEL COMMUNICATIONS 605.21 20.49DEVELOPMENT - EDA G&A OFFICE SUPPLIESOFFICE DEPOT 20.49 41,044.81HSTI G&A DEVELOPER TAX INCREMNT PYMTPARK NICOLLET HEALTH SERVICES 41,044.81 200.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESPARTY UNIT 200.00 1,500.00DEVELOPMENT - EDA G&A APPRAISALSPATCHIN MESSNER & DODD 1,500.00 1,017.60DEVELOPMENT - EDA G&A GENERAL SUPPLIESSAM'S CLUB 1,017.60 3,051.80DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 3,051.80 4,159.83BROOKSIDE REDEVELOPMENT OTHER CONTRACTUAL SERVICESSTEP 4,159.83 1,479.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESSUN NEWSPAPERS 1,479.00 75,799.00VICTORIA PONDS G&A DEVELOPER TAX INCREMNT PYMTSVK DEVELOPMENT INC. Meeting of August 17, 2009 (Item No. 5a) Subject: EDA Vendor Claims Page 4 8/12/2009CITY OF ST LOUIS PARK 6:44:55R55CKSUM LOG23000VO 4Page -Council Check Summary 8/14/2009 -5/18/2009 Vendor AmountBusiness Unit Object 75,799.00 827.46DEVELOPMENT - EDA G&A GENERAL SUPPLIESWATSON CO INC 827.46 29,250.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESWILLEY JR, FOSTER 29,250.00 Report Totals 1,564,861.90 Meeting of August 17, 2009 (Item No. 5a) Subject: EDA Vendor Claims Page 5 Meeting Date: August 17, 2009 Agenda Item #: 7a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Fourth Amendment to the Redevelopment Contract with Union Land II LLC, et al. RECOMMENDED ACTION: Motion to adopt Resolution approving a Fourth Amendment of a Contract for Private Redevelopment By and Between the St. Louis Park Economic Development Authority and Union Land II LLC, KAN & Associates, LLC, Webster Group, LLC and Camerata LLC. POLICY CONSIDERATION: Does the EDA support the proposed extensions to the Redevelopment Contract with Union Land II, et al as specified in the proposed Fourth Amendment? BACKGROUND: As stated in the August 10, 2009 study session report, Union Land II LLC has requested an extension of the commencement and completion dates for portions of the Hoigaard Village project due to adverse economic conditions within the housing market. Specifically those parts of the project to be extended include Phase 1 Stage 2 (the 58 unit condominium building called “The Adagio”) and Phase II Stage 3 (the 22 rowhomes called “Medley Row”). According to the Third Amendment to the Redevelopment Contract, Medley Row was to have commenced February 1, 2009 and be completed by Dec 31, 2010. The Adagio was to have commenced April 1, 2009 and be completed by April 1, 2010. The Redeveloper maintains it will be unable to construct the rowhome and condo buildings until market conditions become more favorable. Therefore, Union Land II has requested its required commencement dates for both stages be extended to October 1, 2010 and that their required completion dates be likewise extended to Dec 31, 2011. The Redeveloper therefore requested a Fourth Amendment to the Redevelopment Contract reflecting the proposed commencement and completion dates. FINANCIAL OR BUDGET CONSIDERATION: The proposed contract extensions reflect the current market reality relating to condominium and townhome sales in the Twin Cities. The construction delay means that the Redeveloper’s reimbursement of TIF-eligible expenses related to Stages 2 and 3 will likewise be delayed. Meeting of August 17, 2009 (Item No. 7a) Page 2 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC VISION CONSIDERATION: Not applicable Attachments: Resolution of Approval Fourth Amendment to Redevelopment Contract with Union Land II LLC, et al. Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman , Deputy EDA Executive Director and Deputy City Manager Meeting of August 17, 2009 (Item No. 7a) Page 3 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC EDA RESOLUTION NO. 09-_____ RESOLUTION APPROVING A FOURTH AMENDMENT OF A CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND UNION LAND II LLC, KAN & ASSOCIATES, LCC, WEBSTER GROUP, LLC AND CAMERATA LLC BE IT RESOLVED BY the Board of Commissioners ("Board") of the St. Louis Park Economic Development Authority, St. Louis Park, Minnesota (the "Authority") as follows: Section 1. Recitals. 1.01. The Authority currently administers Redevelopment Project No. 1 (the “Project”), pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”) within an area located in the City, and has approved a modified Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District pursuant to Minnesota Statutes, Sections 469.174 to 469.1791 (the “TIF Act”), made up of the area to be developed by Union Land II LLC, KAN & Associates, LLC, Webster Group, LLC, and Camerata, LLC (collectively, the “Redeveloper”) and certain other property within the Project (the “Redevelopment Property”). 1.02. The Authority and the Redeveloper executed a certain Contract for Private Redevelopment, dated as of March 6, 2006, as amended by a First Amendment thereto dated as of July 10, 2006, a Second Amendment thereto dated as of March 5, 2007, and a Third Amendment thereto dated as of April 28, 2008 (the “Agreement”), whereunder the Authority pledged Available Tax Increment (as defined in the Contract) to pay or reimburse certain costs incurred by Union Land in connection with the development of four stages of minimum improvements to the Redevelopment Property (the “Minimum Improvements”). 1.03. Due to delays in construction of the Minimum Improvements, changes in the market for condominium units, and certain changes in the TIF Act relevant to redevelopment of the Redevelopment Property, the parties propose to execute a Fourth Amendment to the Agreement (the “Fourth Amendment”) to modify certain provisions of the Agreement. Meeting of August 17, 2009 (Item No. 7a) Page 4 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC Section 2. Fourth Amendment Approved. 2.01. The Fourth Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. The President and Executive Director are hereby authorized to execute, on behalf of the Authority, the Fourth Amendment. Reviewed for Administration: Adopted by the Economic Development Authority August 17, 2009 Executive Director President Attest Secretary Meeting of August 17, 2009 (Item No. 7a) Page 5 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC FOURTH AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT This Fourth Amendment to Contract for Private Redevelopment (the “Amendment”) is dated as of August___, 2009, by and between the ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the “Authority”), and UNION LAND II LLC, a Minnesota limited liability company (“Union Land”), KAN & ASSOCIATES, LLC (“KAN”), WEBSTER GROUP, LLC (Webster”), and CAMERATA, LLC (“Camerata” and, together with Union Land, KAN, and Webster, as their interests appear, the “Redeveloper”). WITNESSETH: A. The Authority currently administers Redevelopment Project No. 1 (the “Redevelopment Project”) and the Elmwood Village Tax Increment Financing District within the Redevelopment Project (the “TIF District”), pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”) and Sections 469.174 to 469.1799, as amended (the “TIF Act”). B. The Authority and Union Land executed a certain Contract for Private Redevelopment, dated as of March 6, 2006, as amended by a First Amendment thereto dated as of July 10, 2006, a Second Amendment thereto dated as of March 5, 2007, and a Third Amendment thereto dated as of April 28, 2008 (the “Contract”), whereunder the Authority pledged Available Tax Increment (as defined in the Contract) to pay or reimburse certain costs incurred by the Redeveloper in connection with the development of four stages of minimum improvements (the “Minimum Improvements”) on certain property within the Redevelopment Project and TIF District (the “Redevelopment Property”). C. In accordance with the Contract, and pursuant to separate Assignment and Assumptions of Contract for Private Redevelopment, each dated as of January 12, 2007, Union Land has assigned (i) to KAN, Union Land’s rights in and obligations under the Contract with respect to the Phase II Land and Phase II Minimum Improvements, and (ii) to Webster, Union Land’s rights in and obligations under the Contract with respect to the Stage 2 Land and Stage 2 Minimum Improvements; and pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated as of June 1, 2007, KAN has assigned to Camerata, KAN’s rights in and obligations under the Contract with respect to the Stage 4 Land and Stage 4 Minimum Improvements. D. Due to unfavorable economic conditions, the Redeveloper has requested and the Authority has agreed to modify certain terms and conditions of the Contract as set forth below. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Amendment to Section 4.3(a) of the Contract. Section 4.3(a) of the Contract is amended to read as follows: (a) Minimum Improvements. Subject to Unavoidable Delays, the Redeveloper shall commence and complete construction of the Minimum Improvements, with the specified minimum market values as set forth in the related Assessment Agreement, in accordance with the following schedule: Meeting of August 17, 2009 (Item No. 7a) Page 6 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC Phase/Stage Commencement Completion Phase I /Stage 1 June 1, 2006 February 28, 2008 Phase I /Stage 2 October 1, 2010 December 31, 2011 Phase II /Stage 3 October 1, 2010 December 31, 2011 Phase II/Stage 4 July 1, 2007 September 1, 2008 The Redeveloper shall cause the parcels on which the Stage 2 and Stage 3 Minimum Improvements are to be constructed to be seeded and mowed until commencement of construction of said stages. 2. Amendment to Section 7.3(b)(iv) and Section 7.3(c)(v) of the Contract. Sections 7.3(b)(iv) and 7.3(c)(v) of the Contract are amended to read as follows: (iv) Notwithstanding anything to the contrary in this Agreement, consistent with Section 469.1763, Subdivision 3 of the TIF Act, as amended by Laws 2009, Chapter 88, Article 5, Section 8, if Principal Advances for the maximum principal amount of the Initial Notes have not been entered on the Principal Advance Ledger (i.e. “registered”) by December 31, 2011, no additional Principal Advances will be made and the Authority has no further obligation with respect to such un-registered amounts. (v) Notwithstanding anything to the contrary in this Agreement, consistent with Section 469.1763, Subdivision 3 of the TIF Act, as amended by Laws 2009, Chapter 88, Article 5, Section 8, Initial Notes must be sold to third parties by December 31, 2011. Further, if the proceeds of the Initial Notes are not spent by December 31, 2011, or within a reasonable temporary period (as that term is used in Section 148(c)(1) of the Internal Revenue Code of 1986, as amended), the amount of the proceeds not expended prior to the expiration of these time frames will be used to prepay the Initial Notes. 3. Miscellaneous. Except as amended by this Amendment, the Contract shall remain in full force and effect. Upon execution, Redeveloper shall reimburse the Authority for all out-of pocket-costs incurred by the Authority in connection with negotiating, drafting and approval of this Amendment. Meeting of August 17, 2009 (Item No. 7a) Page 7 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC IN WITNESS WHEREOF, the Authority and the Redeveloper have caused this Amendment to be duly executed by their duly authorized representatives. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 2009, by Phillip Finkelstein and Tom Harmening, the President and Executive Director of the St. Louis Park Economic Development Authority, a public body corporate and politic, on behalf of the Authority. Notary Public Meeting of August 17, 2009 (Item No. 7a) Page 8 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC Union Land II, LLC Camerata, LLC By _________________________ By Its ____________________ Its _______________________ STATE OF MINNESOTA ) ) SS. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2009, by _________________, the _________________ of Union Land II LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2009, by _________________, the _________________ of Camerata LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Meeting of August 17, 2009 (Item No. 7a) Page 9 Subject: Fourth Amendment to the Redevelopment Contract with Union Land II LLC KAN & Associates, LLC Webster Group, LLC By _________________________ By Its ____________________ Its _______________________ STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2009, by ________________, the __________________ of KAN & Associates, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2009, by _________________, the _________________ of Webster Group, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Meeting Date: August 17, 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: St. Louis Park High School Day One Event. RECOMMENDED ACTION: Mayor Jacobs is asked to introduce Gina Poretti and Nina Johnson, current Co-Advisors, and approximately fifteen youth representatives from the Day One student committee who will provide background and current information about the Day One event. POLICY CONSIDERATION: None. BACKGROUND: In the 13 years since the Day One initiative was created, many aspects of the project have evolved, but what has remained constant is the belief that the entire community can be responsive, collectively engaged and effective in communicating the message to our students that they are valued. Additionally, students, staff, parents and the greater community are the essential ingredients in creating a safe, supportive, energetic and effective place to learn and live. The major goals of Day One are to: • reinforce fundamental social, emotional and academic hopes for the new school year • uniquely launch students and staff toward a successful, meaningful and productive school year • highlight eight basic attributes that are linked to students’ overall involvement and achievements at St. Louis Park High School • accomplish the above in the most captivating and involving way possible Excitement and surprise are primary elements that set Day One apart from other programs. While the educational content is based on theories of social and moral development for high school students, it will be presented in ways that are surprising, entertaining and tuned in to the lives of high school kids at Park. The fact that the students create the critical components of the day helps ensure an atmosphere where learning comes alive. Meeting of August 17, 2009 (Item No. 2a) Page 2 Subject: St. Louis Park High School Day One Event The Children First initiative has identified certain assets in which Day One is grounded. Beginning with a show of support for the high school staff, adding a unique first day for students, and following up throughout the year with high-energy “reminder” activities, we will re-embark on our yearly effort toward attaining the following eight basic ideals: 1. Respect 2. Caring 3. Honesty 4. Loyalty 5. Creativity 6. Comfort 7. Non-violence 8. Acceptance Returning advisors Nina Jonson and Gina Poretti are thrilled to be guiding this year’s committee. The Day One students have chosen to focus on a theme of Comm(Unity), and their goal is to create a bridge between the school and the community, and to connect the high school students with the world in which they live and work. Day One kicks off its new year by welcoming 9th graders and transfer students to St. Louis Park High School on their first day of the new school year, which for 2009 is Tuesday, September 1. City Council and the City Manager have been invited to participate at this event again in 2009 at St. Louis Park High School from approximately 7:15 to 8 a.m. City Council and the City Manager have participated in the past and the Day One advisors and student committee appreciate their presence. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. City Council’s and City staff’s presence at and acknowledgement of this program solidify its strategic direction with respect to their continued connection with the program and its ongoing engagement with the community, especially its youth. Attachments: None Prepared by: Lisa Songle, Office Assistant Reviewed by: Gina Poretti, Day One Co-Advisor Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: August 17, 2009 Agenda Item #: 2b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Junior Naturalist Recognition. RECOMMENDED ACTION: Mayor Jeff Jacobs is asked to thank the Junior Naturalists for their service this summer; and introduce Westwood Hills Nature Center Activity Specialist Andrew Pope, who will provide background and current information on the summer program. (Carrie Haslerud, Secretary/Program Aide will be the full-time staff person attending.) Mayor Jeff Jacobs will recognize each of the Junior Naturalists. POLICY CONSIDERATION: Not applicable. BACKGROUND: There are 56 youth volunteers involved in the program this summer; they have volunteered over 1,400 hours this summer. Several of these volunteers having been involved for many years. The Junior Naturalist Program has been part of Westwood Hills Nature Center for 19 years. Junior Naturalists are students entering 7th grade through 12th grade who are interested in serving their community while gaining knowledge and experience in the outdoors. There are six areas that they can be involved in: • Animal Care: daily care of four snakes, salamanders, tree frogs, tarantula, toads, a box turtle, a painted turtle, cardinal, etc. Responsible for feeding, changing water dishes, cleaning cages and monitoring the overall health of the animals, as well as collecting insects and worms for feeding the animals. • Animal Skull Cleaning: a graphic job which entails the preparation of animal skulls and skeletons to be used as teaching tools. Junior Naturalists are responsible for removing tissues and muscle from the bones and sanitizing the items. • Program Aide: Junior Naturalists are assigned to a naturalist and help monitor the summer camps. Responsibilities include set up, preparation of crafts, directing games, supervising camp activities and clean up. Meeting of August 17, 2009 (Item No. 2b) Page 2 Subject: Junior Naturalist Recognition • Ponds and Dragonflies: Junior Naturalists go to the lake and collect samples of pond invertebrates, as well as using sweep nets to capture dragonflies. • Wildflowers: Junior Naturalists are responsible for walking the grounds of the nature center and identifying the flowers in bloom. They also maintain an exhibit on these flowers for visitors. • Water Quality Testing: Junior Naturalists, along with a staff member, document the condition of the lake and collect water samples. Junior Naturalists then filter and prepare the samples to be sent out for further research. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Prepared by: Stacy M. Voelker, Administrative Secretary Mark Oestreich, Westwood Hills Nature Center Manager Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Nancy Gohman, Deputy City Manager, HR Director Meeting Date: August 17, 2009 Agenda Item #: 2c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Comprehensive Plan Neighborhood Planning Input Process Presentation. RECOMMENDED ACTION: No action requested at this time. POLICY CONSIDERATION: Is the Council satisfied with the “Plan by Neighborhood” process to date? Does the Council wish to move forward with the planned completion of the chapter for the Comprehensive Plan? BACKGROUND: As a first phase of updating the “Plan by Neighborhood” section of the City’s Comprehensive Plan, a series of neighborhood input meetings were held in March, April and May of this year. The city planning staff worked closely with a consultant, Hoisington Koegler Group Inc. (HKGi) to conduct seven meetings with groups of neighborhoods and one meeting of the St. Louis Park Business Council. Approximately 130 people attended and participated in the process. A description of the process and a summary of the results are attached; the full draft report is available at http://www.stlouispark.org/comprehensive_plan.htm. The consultants from HKGi will be at the regular City Council meeting to briefly present the report and input received from neighbors. Summary of process Neighbors attending the meetings were highly engaged and enjoyed the process and opportunity to talk about their neighborhoods. Similar to the community survey, participants gave very positive comments about their neighborhoods and the city; a common comment was that St. Louis Park is very progressive and doing great things in redeveloping the community. Much of the specific input surrounded local transportation subjects such as trails and access to them, including increasing walkability and addressing more livable neighborhood streets with traffic calming measures. Other items included reducing noise, light and rail nuisances, enhancing public natural areas, improving neighborhood commercial nodes, and improving the compatibility between industrial and residential uses. The consultants will provide more detail during the presentation. Next steps This report will conclude Phase I of the project. Phase II of the project will be to develop the Plan by Neighborhood chapter of the Comprehensive Plan; HKGi is expected to complete the Plan this fall with additional public input on it next winter/spring. Meeting of August 17, 2009 (Item No. 2c) Page 2 Subject: Comprehensive Plan Neighborhood Planning Input Process Presentation FINANCIAL OR BUDGET CONSIDERATION: Phase I of this project was completed for a cost of $25,000; this was budgeted as a part of the Comprehensive Plan for 2009. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. Attachments: Comprehensive Plan Neighborhood Input Summary Excerpt Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Approved by: Nancy Gohman, Deputy City Manager/HR Director Neighborhood Input Report St. Louis Park Plan by Neighborhood July 2009 Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 3 2 - Neighborhood Input Report Introduction Eliot Aquila Lenox Fern Hill Wolfe Park Oak Hill BlackstoneWestwood Hills Birchwood Elmwood Sorensen Triangle Creekside Bronx Park Cedar Manor Cobblecrest Lake Forest Texa Tonka Willow Park Minikahda Vista Browndale South Oak HillKilmer PondBrooklawnsMeadowbrook Eliot View Cedarhurst Shelard Park Brookside Minne- haha Pennsylvania Park Crest- view AmhurstWest- dale Minikahda Oaks City of St. Louis Park Neighborhoods Neighborhood Map Created: November 3, 2008 Prepared By: St. Louis Park Information Resources Neighborhoods Shelard Parkway I-394 I-394 Flag AveHighway 169Edgemore DrTexas AveLouisiana AveHwy 7 Texas AveExcelsior WayHwy 100Hwy 100Soo Line RRHwy 7 Minnetonka Blvd 28th St W Burlington N o r t h e r n R R France AveExcelsi or Bl v d Natchez Ave44th St Northw e st er n R R Douglas Ave 22nd St W Hwy 7 0 0.5 1 Miles Ü Figure 1 - St. Louis Park Neighborhoods Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 4 July 2009 Plan by Neighborhood - 3 The City of St. Louis Park has defined 35 neighborhoods that encompass the entire land area of the City. These neighborhoods are diverse in land area and population, ranging from 30 to 2,000 acres in area and from 100 to 3,000 residents. Figure 1 shows a map of the 35 neighborhoods. The City’s current 2020 Comprehensive Plan contains a separate Plan by Neighborhood chapter that provides basic data, guidelines, and physical improvement recommendations for each of the 35 neighborhoods. In 2008, the City of St. Louis Park began the process of updating its 2030 Comprehensive Plan, as required by MN state statute. A draft updated version of the entire 2030 Comprehensive Plan, with the exception of the Plan by Neighborhood chapter, was completed in May 2009 and made available for distribution to adjacent and affected communities and jurisdictions for their review and comment. As a means to update the Plan by Neighborhood chapter and gain neighborhood input on the draft version of the updated Comprehensive Plan, the City undertook a neighborhood input process in Spring 2009. This neighborhood input process was organized around seven (7) neighborhood planning areas (NPAs) that grouped the 35 neighborhoods into geographic areas separated by significant neighborhood “edges”, including major roadways and railways. Figure 2 shows a map of the seven (7) NPAs. The Neighborhood Input Project consists of three phases: Phase I - Conduct Neighborhood Engagement Phase II – Update Plan by Neighborhood Chapter Phase III – Neighborhood Review and Finalize Plan by Neighborhood Chapter The City contracted with Hoisington Koegler Group Inc. (HKGi) to assist City Planning Staff with designing and facilitating the neighborhood input meetings as well as update the Plan by Neighborhood chapter. This report describes and summarizes Phase I of the Neighborhood Input Project, including the neighborhood meetings’ process, summaries of input at three levels – individual neighborhoods, each NPA, and city-wide, and key findings. Blackstone Cedarhurst, Eliot and Eliot View Neighborhoods Thursday, March 12th, 2009 7:00 – 9:00 p.m. St. Louis Park City Hall – Council Chambers (3rd Floor) Introduction Figure 2 - Neighborhood Planning Areas Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 5 4 - Neighborhood Input Report Input Process The Neighborhood Input Meeting process consisted of seven (7) neighborhood meetings – one for each of the NPAs - as well as a meeting with the St. Louis Park Business Council. The meetings occurred during March - May 2009. The schedule of meetings is shown in Figure 3. Meeting participants were asked to sign in and indicate on an aerial map the general location of where they live. The sign-in sheets show 130 people signed in for the neighborhood meetings with total attendance for all eight (8) meetings estimated at approximately 150 people, including people who did not sign in. Attendance for each meeting is summarized in Figure 4. Based on the responses to the questionnaire, the length of neighborhood residency for meeting participants ranged dramatically from six months to 53 years with the qverage being 17 years. The purpose of each NPA meeting was two-fold: to share information regarding the updated Comprehensive Plan’s directions with neighborhood residents and to gain their input regarding neighborhood as well as city- wide issues. The agenda for each meeting started off with a presentation (Power Point slides) outlining the major directions and updates to the City’s Comprehensive Plan, describing changes and developments that have occurred in the community since 2000 (when the Comprehensive Plan was last updated), and summarizing the content of the Plan by Neighborhood. Participants were invited to ask any questions during and after the presentation. The second portion of each meeting was devoted to an interactive small group exercise designed to gain participants’ input about their neighborhood’s assets, issues, and desired improvements. Participants were seated in small groups, typically with no more than 6-8 people at a small table, with residents from their particular neighborhood. The actual number of people per table varied based on how many people were attending from each neighborhood. The interactive small group exercise used a Neighborhood Input Process Figure 3 - Meetings Schedule N e i g h bo r ho od M e e ti n gs f o r th e Co m p r e h e n s i v e P l a n - 2 0 0 9 7-9 p.m. C ity Counci l C hambers Meeti ng Dates (200 9) Neighborhoods Staff P lanning Com m. T hursday, Mar c h 12th Blackstone, Cedarhurst, Eliot, Eliot View Sean Meg T hursday, Mar c h 19th Pennsylvania Park, Willow Park, Westwood Hills, Cedar Manor, Westdale, Crestview, Shelard Park, Kilmer Gary Meg Carl T uesda y, M arch 24th Cobblecrest, Texa Tonka, Minnehaha, Amhurst, Aquila, Oak Hill Adam Meg Robert Carl T hursday, April 16th Bronx Park, Birchwood, Lenox, Sorensen Gary T hursday, April 23rd Lake Forest, Fern Hill, Triangle Adam Lynn T hursday, April 30th Wolfe Park, Minikahda Oaks, Minikahda Vista, Browndale Kevin Claudia T uesda y , M ay 5 th South Oak Hill, Meadowbrook, Brooklawns, Elmwood, Creekside, Brookside Sean Claudia T hursday, May 7th St. Louis Park Business Council Neighborhood Planning Area Number of Attendees #1 – Northeast 11 #2 – Northwest 9 #3 – West Central 11 #4 – Central 25 #5 – East Central 21 #6 – Southeast 22 #7 - Southwest 15 #8 – St. Louis Park Business Council 16 Total 130 Figure 4 - Meetings Attendance Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 6 July 2009 Plan by Neighborhood - 5Are there types of stores, services or amenities missing from your neighborhood commercial centers?Are there improvements that would make your neighborhood commercial centers more convenient?What improvements are desired to make your neighborhood more attractive for biking? (Describe and draw the desired connections on the map.)Where are the centers for retail, services, and social activities for your neighborhood? (Mark the locations with a blue dot.)What improvements to transit services are desired in your neighborhood?What park & recreation or open space improvements are desired for your neighborhood?How could the sustainability and environmental quality of your neighborhood be enhanced?Homes CommercialCentersConnectionsWalkingBusiness MixConvenienceBikingTransitParks & RecEnvironmentWhere do you live? (Mark the location with a yellow dot.)Are there any traffi c safety or congestion problems in your neighborhood? (Mark the issue with a red dot on the map.)Gathering PlacesWhere are your favorite neighborhood gathering places? (Mark the locations with a green dot.) Include parks, open space, and places to meet & socialize. What improvements are desired to make your neighborhood more attractive for walking? (Describe and draw the desired connections on the map.)Describe any traffi c safety and congestion issues identifi ed with red dots.DrivingConditionsHousing NeedsLand UseCharacter Neighborhood Features Game Planning Area 1Neighborhood(s) ___________________Neighborhood Features Game Planning Area 1Neighborhood(s) ___________________What are the important features of your neighborhood’s character that should be preserved? Are there any changes desired to the planned land uses for your neighborhood? If so, what are they? Are there additional types or sizes of homes that you would like to see in your neighborhood? If so, what are they? Are there any safety, housing conditions, or maintenance concerns in your neighborhood? If so, what are they? Figure 4 - Neighborhood Features Game Features Game to ask participants questions about their neighborhood, both positive and negative aspects. The gameboard for this exercise, which is shown in Figure 4, consisted of a large aerial map of the group of neighborhoods in the NPA and a series of questions surrounding the map, similar to a Monopoly or Sorry gameboard. The questions were organized around four (4) general topics: living areas, shopping nodes, connections, and recreation/natural areas. Participants were instructed on how to play the game, which involved discussion of each of the questions, writing down people’s responses to the questions, placing colored dots on the aerial map to identify participants’ homes, neighborhood commercial centers, traffic issue areas, and neighborhood gathering places, and drawing on the map to clarify the specific location of issues/opportunities. The small groups were able to spend approximately one hour playing the Neighborhood Features Game. The final step of the game asked each participant to rank their top five (5) priorities from the entire gameboard of comments to identify areas of consensus on the priorities among the small group. In addition to the small group exercise, each participant was provided with a short two-page questionnaire to give them an alternative opportunity for providing more individualized input. Approximately 90 questionnaires were completed which represents approximately 80% of the meeting participants. Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 7 6 - Neighborhood Input Report Introduction The input received during the Neighborhood Input Meetings is summarized at three different levels: city-wide level• seven (7) neighborhood planning areas• 35 individual neighborhoods. • The two methods for gaining the neighborhood input – the Neighborhood Features Game and the Neighborhood Questionnaire – provided input based on small group discussions as well as individuals’ concerns and ideas. The city-wide level input is based solely on the questionnaire responses, whereas, the NPA level and individual neighborhood level input incorporates both the small group comments (as documented on the gameboards) and the individual questionnaire responses. Input Results Summary Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 8 July 2009 Plan by Neighborhood - 7 The following input is a city-wide level summary of all responses to questions #4, #5, #6 and #7 of the Neighborhood Questionnaire. Refer to the Appendix for a fully ranked listing of the responses. Types of Desired Neighborhood Improvements (Question #4) Based on all of the submitted questionnaires, the most desired neighborhood improvements were expanding the network of sidewalks, improving street traffic calming measures, and increasing street lighting, which all relate to the design of neighborhood streets. The other most mentioned neighborhood improvements were reducing public nuisances (typically noise, light and property maintenance concerns), enhancing the natural environment, improving access to the Cedar Lake Trail, improving existing commercial areas, increasing the number of walkable neighborhood businesses, and improving housing is adequately maintained. Types of Positive Neighborhood Attributes/ Strengths (Question #5) Neighborhood parks/playgrounds/open spaces was the most common response. By far, the most common category of positive neighborhood attributes/strengths identified related to the neighborhoods’ close proximity to community amenities, including shopping/entertainment, trails/recreation, regional destinations (“central” location, downtown, uptown, etc.), natural areas (lakes, especially the Chain of Lakes in Minneapolis), and regional highways. Good neighbors (stable, friendly, diverse) ranked high also. Other high-ranking responses were low traffic streets, variety of housing styles (older, high quality architecture), well-maintained houses/yards, plentiful mature trees, safe low-crime neighborhoods, and quiet neighborhoods. Types of Desired PUBLIC Facility Improvements (Question #6) By far, the most common response was expanding the network of sidewalks, followed by increasing street lighting, increasing trees/landscaping, and improving access to bike trails (particularly the Cedar Lake Trail). Types of Desired PRIVATE Facility Improvements (Question #7) By far, the most common response was increasing the number of walkable neighborhood businesses, followed by improving existing retail development areas, and adding grocery stores. Figure 5 - Reasons for Living in Your Neighborhood Source: Neighborhood Questionnaire, Question #3 City-wide Level Summary What are some of your primary reasons for deciding to live in that neighborhood? (check all that apply) 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%ConvenientlocationNeighborhoodqualitySafe areaQualitySchoolsClose to parksHousedesignAffordable housingClose toworkCloseto family/friendsSmall townfeelOtherNeighborhood Planning Areas Summary The summaries of each of the seven Neighborhood Planning Areas are provided on the pages 8-21. Individual Neighborhoods Level Summary The summaries of each of the 35 individual neighborhoods are located in the Appendix. Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 9 22 - Neighborhood Input Report Conclusion By offering the multiple neighborhood-focused meetings, the City was successful in attracting more public input (approximately 150 people) regarding the updates to the City’s Comprehensive Plan and the Plan by Neighborhood chapter than if it had simply held a single community-wide event. During these neighborhood meetings, it was evident that participants generally identified with and greatly valued their neighborhood. Participants were interested to hear about the updates to the City’s Comprehensive Plan and anxious to share their input regarding their particular neighborhood’s assets, issues, and opportunities. Analysis and evaluation of the neighborhood input at the three levels – 35 individual neighborhoods, seven (7) NPAs, and city-wide – resulted in some key findings. Based on the neighborhood input that was received, this report recommends the following neighborhood elements as the most critical to be addressed in the updated Comprehensive Plan: Increasing neighborhood walkability by expanding • both the network of sidewalks and trails Improving the safety and convenience of • pedestrian crossings of busy streets Improving street traffic calming measures to • create safer and more livable neighborhood streets Reducing nuisances, particularly noise and • light impacts from streets, rail lines, industrial areas, and large commercial areas Enhancing public natural areas, open • spaces, and the urban forest Enhancing and maintaining the City’s • public facilities, such as streets, sidewalks, community centers, parks, fire stations, etc. Expanding the network of bike routes• Promoting opportunities to expand and improve • walkable neighborhood commercial nodes Supporting residents’ desires for • neighborhood commercial nodes to include local small businesses Improving the compatibility between • industrial areas adjacent to residential areas Mitigating the nuisances created by freight • rail lines adjacent to residential areas Improving access from the neighborhoods • to the Cedar Lake Trail, particularly neighborhoods north of the trail The findings of the neighborhood input process provide very beneficial information for updating the Plan by Neighborhood chapter of the Comprehensive Plan, which was one of the primary purposes of conducting these meetings. In general, the neighborhood input findings align with the updated city-wide directions, goals and policies for the City’s Comprehensive Plan. However, interpretation of the neighborhood input should account for the lack of participation of some neighborhoods. As the City moves forward with updating the Plan by Neighborhood chapter, the neighborhood input findings will be supplemented by an urban design analysis of each neighborhood’s unique location, design, issues and opportunities. Conclusion Meeting of August 17, 2009 (Item No. 2c) Subject: Comprehensive Plan Neigborhood Planning Input Process Page 10 Meeting Date: August 17, 2009 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA AUGUST 3, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, C. Paul Carver, Phil Finkelstein, Loran Paprocki and Susan Sanger. Councilmembers absent: John Basill and Paul Omodt. Staff present: City Manager (Mr. Harmening), City Clerk (Ms. Stroth), Public Works Director (Mr. Rardin), City Engineer (Mr. Brink), Recreation Superintendent (Mr. Birno), Playground Activities Coordinator (Mr. Terry), Summer Playground Director (Ms. Lee), and Recording Secretary (Ms. Hughes). 2. Presentations 2a. Junior Leader Recognition Mr. Terry stated there were 20 youth volunteers who participated in the program this year; the volunteers collectively worked over 800 hours this summer. He briefly outlined the job responsibilities of the volunteers, including assisting leaders with program activities and supervision of program participants to ensure their safety in the park. He added the program provides volunteers an opportunity to be a positive role model to the younger youth in the community. He expressed his thanks to the Junior Leaders for making the program such a success. Mayor Jacobs expressed the City Council’s sincere thanks and appreciation to the Junior Leaders for their volunteer service this summer. Mayor Jacobs and Mr. Terry presented each of the youth volunteers with a certificate of appreciation. 3. Approval of Minutes 3a. City Council Minutes July 6, 2009 Councilmember Paprocki requested the second sentence of the second full paragraph on page 5 be clarified to state that the current facility is deficient in a lot of ways. He also requested the final sentence of the second full paragraph on page 5 be revised to read “He Meeting of August 17, 2009 (Item No. 3a) Page 2 Subject: City Council Minutes August 3, 2009 stated re-bidding and re-designing the project will require expenditure of additional time and money, without a marked improvement in the outcome, and he is in favor of the project as it stands.” The minutes were approved as amended. 3b. Study Session Minutes July 13, 2009 Councilmember Sanger requested that the first paragraph on page 4 be revised to read “Councilmember Sanger stated the 11th/12th Street alternative makes the most sense and ridership would be much higher. Mr. Brimeyer agreed.” The minutes were approved as amended. 3c. Special City Council Minutes July 27, 2009 The minutes were approved as presented. 3d. Study Session Minutes July 27, 2009 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve Temporary On-Sale Intoxicating Liquor License – Church of the Holy Family at 5900 & 5925 West Lake Street for Saturday, August 22, 2009. 4b. Adopt the following Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager: • Resolution No. 09-103 imposing civil penalty for liquor license violation on June 23, 2009 at Grand City Buffet, Inc., 8912 State Hwy No. 7. • Resolution No. 09-104 imposing civil penalty for liquor license violation on June 23, 2009 at Knollwood Liquor, 7924 State Highway No. 7. • Resolution No. 09-105 imposing civil penalty for liquor license violation on June 16, 2009 Doubletree Park Place Hotel, 1500 Park Place Boulevard. 4c. Adopt Resolution No. 09-106 authorizing participation in a Minnehaha Creek Regional Partnership. 4d. Approve for Filing Vendor Claims. 4e. Approve for Filing Human Rights Commission Minutes March 17, 2009. 4f. Approve for Filing Human Rights Commission Minutes April 21, 2009. 4g. Approve for Filing Planning Commission Minutes June 17, 2009. Meeting of August 17, 2009 (Item No. 3a) Page 3 Subject: City Council Minutes August 3, 2009 It was moved by Councilmember Carver, seconded by Councilmember Paprocki, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 5-0. 5. Boards and Commissions 5a. Reappointment of Citizen Representative to Boards and Commissions It was moved by Councilmember Sanger, seconded by Councilmember Carver, to reappoint Youth Commissioner Andrew Ford as a city representative to the Planning Commission. The motion passed 5-0. 6. Public Hearings 6a. Public Hearing – Liquor License for Cooper Ms. Stroth presented the staff report and stated The Cooper, LLC, dba Copper, has made an application for an on-sale intoxicating liquor and Sunday liquor license. The establishment plans to begin operation in October 2009 located at 1607 Park Place Boulevard in the new West End development. She indicated the premises will be approximately 7,300 square feet with 261 seats inside and outdoor patio seating for 162. She added The Cooper, LLC, is a subsidiary of Cara Irish Pubs LLC, whose other holdings include Kieran’s Irish Pub, The Local and the Liffey Irish Pub. Mayor Jacobs opened the public hearing. Mr. Killen appeared before the City Council and expressed his thanks to the City Council for considering their license application. He stated they are pleased to be a part of the West End development and look forward to beginning operations in the fall. Councilmember Sanger asked how late the establishment intends to remain open. Mr. Killen replied they have applied for a 2:00 a.m. license. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve the application from The Cooper, LLC, dba Cooper for an on-sale intoxicating and Sunday liquor license to be located at 1607 Park Place Boulevard with the license term through March 1, 2010. Meeting of August 17, 2009 (Item No. 3a) Page 4 Subject: City Council Minutes August 3, 2009 The motion passed 5-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. TH7 & Wooddale Avenue Interchange Project Approvals – Project No. 2004- 1700 Resolution No. 09-102 Mr. Brink presented the staff report and stated since March staff has been working with the Federal Highway Administration and Mn/DOT to procure all required approvals and sign- offs. He indicated that a bid opening is scheduled for August 13, 2009, and prior to opening of the bids and awarding of a contract several administrative items need to be addressed, including a Cooperative Agreement with Mn/DOT for bridge and roadway construction, a Cooperative Agreement with the Metropolitan Council for forcemain relocation, as well as the need for additional consulting engineering services. He explained that the Cooperative Agreement with Mn/DOT assigns project funding obligations and outlines the various responsibilities and obligations during and after construction. He stated the Cooperative Agreement with the Metropolitan Council Environmental Services (MCES) is necessary due to the large sanitary sewer forcemain that runs through the project; MCES has determined that the timing of the TH7/Wooddale project provides an opportune time for MCES to replace the forcemain by including the work as part of the larger roadway improvement project. He added the Cooperative Agreement with MCES is similar to the agreement with Mn/DOT and MCES will fully reimburse the City for the forcemain relocation portion of the project. Mr. Brink stated this project will be administered by the City; however, a significant amount of added administrative effort will be required as a result of the use of federal funds and the MCES forcemain relocation work. He indicated that the use of consulting services to supplement staff efforts is necessary due to the magnitude of the project, particularly as it relates to the Delegated Contract Process for federal aid projects. He stated SRF Consulting has provided a proposal to provide these services in an amount not to exceed $273,460. He added the City Attorney has reviewed all the agreements. Mr. Brink stated that staff anticipates construction will begin in October and full interchange access is expected to be completed in the fall of 2010. He explained that the first phase of the project will involve shifting Highway 7 traffic to the north side of the corridor to allow for work on the south side of the highway; access to and from Highway 7 from Wooddale on the south side will be closed. He stated that during this time, extensive utility relocation, including the MCES forcemain, will be occurring. He added access to and from Highway 7 from Wooddale on the north side will be limited to a right-in/right-out, and that this phase of the project is expected to last through the spring of 2010. Meeting of August 17, 2009 (Item No. 3a) Page 5 Subject: City Council Minutes August 3, 2009 Councilmember Sanger asked if the proposed contract with SRF Consulting was included in the original budget numbers for the project. She also asked if the contract for consulting services was competitively bid. Mr. Brink replied that the SRF Consulting costs were included in the budget. He stated the contract was not competitively bid and noted that SRF Consulting previously developed and prepared plans and specifications for the City; SRF also participated in the entire approval process with Mn/DOT and the consultants are familiar the various technical issues. He stated it made sense to use them because of their familiarity with the project. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to Adopt Resolution No. 09-102 authorizing entering into a Cooperative Agreement with the Minnesota Department of Transportation (Mn/DOT) for Project No. 2004-1700, to approve Cooperative Agreement with the Metropolitan Council (Met Council Environmental Services) for Project No. 2004-1700, and to approve Consultant Services Agreement for Project No. 2004-1700. The motion passed 5-0. 9. Communications Mayor Jacobs reminded residents of National Night Out tomorrow evening and encouraged residents to attend their block party. He expressed the City Council’s thanks to all the community volunteers and block captains, as well as all the members of the City staff for their efforts in putting this annual event together. Mayor Jacobs stated the City Council will be handing out cards at the National Night Out parties tomorrow; the cards encourage residents to visit the City’s website (www.stlouispark.org/budget) and provide feedback on the budgetary process currently underway. He stated the website will be up for a couple of months and contains useful information regarding the City’s overall budget. Mayor Jacobs stated he recently received a letter from the family of Isabelle McMillen inviting him to attend her 108th birthday party on August 9th. He stated he was honored to be invited to her birthday celebration, but was saddened to learn that Ms. McMillen passed away a few days ago. Councilmember Paprocki stated that school will begin again in September and encouraged parents to seek out programs that can provide assistance with purchasing backpacks and other school supplies for their children. Councilmember Finkelstein pointed out that STEP is accepting donations of backpacks and other school supplies. Meeting of August 17, 2009 (Item No. 3a) Page 6 Subject: City Council Minutes August 3, 2009 10. Adjournment The meeting adjourned at 7:58 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: August 17, 2009 City Council Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Designating Polling Places and Appointing Election Judges for 2009 Elections. RECOMMENDED ACTION: Motion to adopt Resolution Designating Polling Places and Appointing Election Judges for the Primary and General Elections of 2009. POLICY CONSIDERATION: Does the Council wish to designate polling places and appoint election judges? BACKGROUND: MN Statute 204B.21, Subd. 2 and City Charter Section 4.05 provides that election judges for precincts shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. Election judges are assigned to precincts based on availability, party balance, and the number required for each location. Although a party balance is required at each precinct to perform certain tasks, legislation was passed this year allowing qualified election judges to serve without affiliation to a major political party. The resolution contains the names of those who have indicated a willingness and ability to serve as an election judge for the 2009 Elections. Appointment by the City Council will allow judges to serve for both the primary and general election. FINANCIAL OR BUDGET CONSIDERATION: Election expenses for judges are included in the adopted 2009 budget. Election judge pay has remained the same since 2006. Election judge hourly pay is as follows: $8.25 regular judges, $9.25 Co-Chair judges and $9.75 Chair judges. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community through recruitment and training of community members to serve as Election Judges. Attachments: Resolution Prepared by: Kris Luedke, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of August 17, 2009 (Item No. 4a) Page 2 Subject: Designating Polling Places and Appointing Election Judges for 2009 Elections RESOLUTION NO. 09-_______ RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS OF 2009 WHEREAS, A Primary Election will be held on September 15, 2009 at the following precinct polling places: Ward 4 Precinct 14 – Westwood Lutheran Church, 9001 Cedar Lake Road Ward 4 Precinct 15 – Peace Presbyterian Church, 7624 Cedar Lake Road Ward 4 Precinct 16 – St. Louis Park Junior High School, 2025 Texas Ave S Ward 4 Precinct 17 – Eliot Community Center, 6800 Cedar Lake Road WHEREAS, the General Election will be held on November 3, 2009 at the following precinct polling places: Ward 1 Precinct 1 – Benilde/St. Margaret’s High School, 2501 State Hwy 100 S Ward 1 Precinct 2 – Peter Hobart Elementary Center, 6500 W. 26th Street Ward 1 Precinct 3 – Peter Hobart Elementary Center, 6500 W. 26th Street Ward 1 Precinct 4 – Central Community Center, 6300 Walker Street Ward 1 Precinct 5 – St. Louis Park City Hall, 5005 Minnetonka Blvd. Ward 2 Precinct 6 – St. Louis Park City Hall, 5005 Minnetonka Blvd. Ward 2 Precinct 7 – St. Louis Park Recreation Center, 3700 Monterey Drive Ward 2 Precinct 8 – Susan Lindgren Intermediate Center, 4801 W 41st Street Ward 2 Precinct 9 – Aldersgate United Methodist Church, 3801 Wooddale Ave S Ward 3 Precinct 10 – Prince of Peace Lutheran Church, 8115 State Hwy No 7 Ward 3 Precinct 11 – St. Louis Park Senior High School, 6425 W. 33rd Street Ward 3 Precinct 12 – Lenox Community Center, 6715 Minnetonka Blvd. Ward 3 Precinct 13 – Aquila Elementary Center, 8500 W. 31st Street Ward 4 Precinct 14 – Westwood Lutheran Church, 9001 Cedar Lake Road Ward 4 Precinct 15 – Peace Presbyterian Church, 7624 Cedar Lake Road Ward 4 Precinct 16 – St. Louis Park Junior High School, 2025 Texas Ave S Ward 4 Precinct 17 – Eliot Community Center, 6800 Cedar Lake Road WHEREAS, as authorized by MN Statute 204B.21, Subd. 2, election judges for precincts shall be appointed by the governing body of the municipality no later than 25 days before each election; and NOW, THEREFORE, BE IT RESOLVED that the following persons have agreed to serve as election judges or alternate judges and are hereby appointed to serve: Meeting of August 17, 2009 (Item No. 4a) Page 3 Subject: Designating Polling Places and Appointing Election Judges for 2009 Elections Ward 1 1-1, Benilde - St. Margaret’s Lou Schoen-Chair Mary Enz-Co-Chair Farrel Braunstein Frank Dosal Angela Fischels Michele Struss 1-2, Peter Hobart Primary Center Todd Hintz-Chair Eunice Slager-Co-Chair Bill Allen Margaret Marek Constance Nerheim Laura Oberg 1-3, Peter Hobart Primary Center Kay Drache-Chair Janice Bloom-Co-Chair Rose Bratland J. Hamilton Kurtz Jeffrey Murman Marcia Tuberman 1-4, Central Community Center Jami LaPray-Chair Nanette Malcomson-Co-Chair Ira Bagloo Nan Blomquist Helen Stimson 1-5, City Hall - Community Room Barbara Ruhl-Chair Mary Maynard-Co-Chair Kirsten Kurtz Esther Smith Kris Stapleton Lucille Thornsjo Ward 2 2-6, City Hall - Council Chambers David Brehmer-Chair Maureen Gormley-Co-Chair Barbara Barbo Carol Kohler Ross Oden 2-7, St. Louis Park Rec Center Margaret Plumeri-Chair Debra Wuebker-Co-Chair Amy Bagne Susan Kay Cockran David Richards 2-8, Susan Lindgren Intermediate Center Jon Bloom-Chair Loren Botner-Co-Chair Sheila Hanley Mary Johnson Leah Stevenson Richard Thorne 2-9, Aldersgate United Methodist Church David Larson-Chair Deb Bjorgaard-Co-Chair Margaret Adams Marguerite Krause Ava Marske Ward 3 3-10, Prince of Peace Lutheran Church William Tape-Chair William Magdziarz-Rainey-Co-Chair Jan Kleinman Kelley Nelson Shirley Quilling 3-11, St. Louis Park Senior High School Judith Serrell-Chair Janet Benson-Co-Chair Sylvia Posz Hamilton Lois Nalezny Francis Schmit 3-12, Lenox Community Center Patricia Otterblad-Chair MaryJo Scully-Co-Chair Tim Gormley Sally Meyers Roger Ruth 3-13, Aquila Primary Center Michael Williams-Chair Ken Huiras-Co-Chair Anne Kertes Kathy Metzker William Watson Meeting of August 17, 2009 (Item No. 4a) Page 4 Subject: Designating Polling Places and Appointing Election Judges for 2009 Elections Ward 4 4-14, Westwood Lutheran Church Jean Stulberg-Chair Albert Posz-Co-Chair Kate Burggraff Sharon Larson Joan Lee Clara Quinn Paul Tanick 4-15, Peace Presbyterian Church Mary Hendrix-Chair Peter Gardner-Co-Chair Rogene Bergquist Todd Kalk Carla Kulas Sherm Stanchfield 4-16, St. Louis Park Junior High School 4-17, Eliot Community Center Stephen Koepcke-Chair Richard Steege-Co-Chair Kristin Bahner Michael George Patricia Kremer Absentee Ballot Board Judges Micki Danovsky Carol Evers Shirley Huiras Josephine Jacobs Patricia Ploof Alice Tangney Alternate Judges Joanne Keedy Judy Shapiro Kathy McKay Patricia Palm Paula Maisel Mary Kaye Conery Ross Plovnick-Co-Chair Mary Lou Christensen-Chair Reviewed for Administration Adopted by the City Council August 17, 2009 City Manager Mayor Attest: City Clerk Meeting Date: August 17, 2009 City Council 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: Encroachment Agreement at 1600 West End Boulevard. RECOMMENDED COUNCIL ACTION: Motion to approve an Encroachment Agreement at 1600 West End Boulevard for Temporary Private Use of Public Land for truck court gates and directional signs. POLICY CONSIDERATION: Do the proposed truck court gates and sign comply with the Temporary Private Use of Public Land Policy? BACKGROUND: As part of the approval for the Shops at West End, access to the truck courts from Park Place Boulevard was anticipated to have access controls within the right-of-way of Park Place Boulevard to limit the delivery hours and number of vehicles in the truck courts. The PUD initially proposed mechanized retractable bollards. However, the cost and reliability of the bollards led AD West End LLC to the gate system shown in this request. Otherwise, the proposed system is essentially unchanged: • Service and delivery vehicle access will still be restricted from 10 a.m. to 8 p.m. • When the truck courts are open, only one truck will be allowed in the truck court at a time. • When a truck court is occupied or closed, arriving trucks will be directed with signs to a staging area on Duke Drive (the private road between the Moneygram Tower parking ramp and theater parking ramp). The proposed gates (see attached exhibits) are located near the curb, rather than near the building, to prevent arriving trucks from backing up into traffic on Park Place Boulevard when the truck courts are closed/occupied. In addition to the gates and signs shown, the City could require an additional monument sign in the future at each truck court entrance if the signs proposed are not sufficient to direct truck drivers. The infrastructure for monuments signs is already in place. Staff finds the request is consistent with the City policy for Temporary Private Use of Public Land (attached). The proposed access controls and associated equipment and signs are consistent with the West End PUD. The proposed gates and signs do not unduly impede public use of the property. Meeting of August 17, 2009 (Item No. 4b) Page 2 Subject: Encroachment Agreement at 1600 West End Boulevard The proposed encroachment agreement allows the City to terminate this agreement upon thirty (30) days notice to the property owner. The City Attorney and City Engineer reviewed and approved the attached encroachment agreement. The agreement will be recorded against the property and run with the land. The agreement exempts the City from any loss or damage to any structures placed in the right-of-way. All costs of construction, future maintenance, relocation or removal would be borne by the property owner. FINANCIAL OR BUDGET CONSIDERATION: The costs of executing this agreement will be covered by the application fee paid by the applicant. VISION CONSIDERATION: Not applicable. Attachments: Temporary Private Use of Public Land Policy Draft Encroachment Agreement Gate and Sign Details (including a sketch of a potential monument sign) Prepared by: Sean Walther, Senior Planner Reviewed by: Scott Brink City Engineer Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director POLICY FOR TEMPORARY PRIVATE USE OF PUBLIC LAND Policy Statement Property owners adjacent to City owned land or public easements will from time to time request consideration from the City to allow the owner to acquire a portion of the City land, vacate a City right of way or easement, or authorize temporary use of City land. The City acknowledges that it only desires to own land or easements that serve a present or future public purpose, meet the goals of the Comprehensive Plan, or provide open space for flora and fauna, and provide environmental protection. In response, the City will allow the release or use of public land and easements in accordance with this policy and its established criteria. Temporary Private Use An abutting property owner may desire the temporary use of public land. Temporary private use of public land are those uses which provide a convenience to a property owner, but are not essential for the operation of business or residential use of the property. These uses include commercial uses such as outdoor seating for restaurants, fences, canopies, irrigation systems, sidewalk sales, etc; or residential uses such as driveways, sidewalks, retaining walls, shrubs, or gardens. Eligibility A. Eligibility of an applicant to request private temporary use of public land. 1. Applicant shall be the owner of land adjacent to and abutting the land requested to be temporarily used. 2. The applicant’s property shall not be delinquent on any property taxes. B. Eligibility of the land to be temporarily used. 1. The land must not have been acquired by the City through tax delinquency (forfeiture) or dedication. 2. The land must not be designated on the Comprehensive Plan as park land. 3. Land must be under the jurisdiction of the City. 4. The private use of the property shall not impede any public use of the property. Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 3 1 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this _______ day of _____________, 2009, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("City"); and AD WEST END LLC, an Indiana limited liability company ("Owner"). 1. BACKGROUND. Owner is the fee owner of that parcel of property with a street address of 1600 West End Boulevard in the City of St. Louis Park, County of Hennepin, and State of Minnesota, which parcel is legally described in Exhibit “A” attached hereto ("Subject Property"). Owner desires to maintain temporary improvements including gates, ancillary equipment, and directional signs for two truck court entrances (the “Temporary Improvements”). Such Temporary Improvements which will encroach upon the City's right-of-way for Park Place Boulevard and 16th Street West (the “City Property”). The Owner has requested that it be permitted to place the Temporary Improvements on the City Property. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment onto the City Property for the Temporary Improvements as shown on Exhibit “B.” 3. LIMITATION ON USE OF TEMPORARY IMPROVEMENTS. The Temporary Improvements shall be used solely for the purpose of controlling access to the truck courts and directing traffic on the Subject Property. The use of the Temporary Improvements will Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 4 2 be reasonably modified by Owner as requested by the City Engineer and Zoning Administrator. The use must comply with all general requirements of the City Code and all applicable conditions of the West End Planned Unit Development (City Council Resolution No. 09-040). 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on the City Property, Owner, for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from and against any injury, expense, damage, liability or claim incurred by the City, arising directly or indirectly out of Owner’s use of the City Property or Temporary Improvements, including reimbursement of reasonable attorneys fees and any other costs incurred by the City with respect to any such injury, expense, damage, liability or claim. 5. TERMINATION, SUSPENSION OR MODIFICATION OF AGREEMENT. Should the City reasonably determine that the Owner’s use of the City Property is detrimental to public safety, the City may modify or suspend this Agreement at any time in case of an emergency, or in a non-emergency situation, modify, suspend or terminate by giving the Owner thirty (30) days advance written notice. Such notice shall direct the Owner as to whether the Temporary Improvements on the City Property must be permanently removed or the use otherwise modified. If the City requires removal, the Owner shall cause the removal of the Temporary Improvements from the City Property within the thirty (30) day period following notice. If the Owner fails to do so, the City may remove the Temporary Improvements from within the City Property at the Owner’s expense, and dispose of the Temporary Improvements as the City deems appropriate in its sole discretion. 6. TERMINATION OF AGREEMENT WITHOUT CAUSE Notwithstanding the provisions of Paragraph 5 herein, the City may terminate this Agreement without cause at any time by giving the Owner ninety (90) days written notice. The removal provisions of Paragraph 5 shall apply with the removal occurring within the ninety-day notice period. Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 5 3 7. NOTICE. Written notice to the Owner shall be effective by actual receipt by the Owner or by mailing the notice to the property taxpayer at the address shown by Hennepin County. 8. RECORDING. This Agreement shall be recorded against the title to the Subject Property and, subject to termination as provided herein, shall run with the land and be binding upon, and accrue to the benefit of, any subsequent owner. CITY OF ST. LOUIS PARK By: _____________________________________ (SEAL) Jeff Jacobs, Mayor And ____________________________________ Thomas K. Harmening, City Manager OWNER AD WEST END LLC By: Its: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ______________, 2009, by Jeff Jacobs and by Thomas K. Harmening, respectively the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 6 4 ____________________________________ NOTARY PUBLIC STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _______ day of ______________, 2009, by and , the ________________ and _____________________ of AD WEST END LLC, an Indiana limited liability company, on behalf of said company. ____________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 7 A-1 EXHIBIT “A” TO ENCROACHMENT AGREEMENT Legal Description of Subject Property Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota. Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 8 B-1 EXHIBIT “B” TO ENCROACHMENT AGREEMENT Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 9 B-2 Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 10 Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 11 Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 12 Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 13 Meeting of August 17, 2009 (Item No. 4b) Subject: Encroachment Agreement at 1600 West End Boulevard Page 14 Meeting Date: August 17, 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: Special Assessment - Water Service Line Repair at 2633 Natchez Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution Authorizing the Special Assessment for the Repair of the Water Service Line at 2633 Natchez Avenue South, St. Louis Park, MN. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Rex and Vicki Ritchie, owners of the single family residence at 2633 Natchez Avenue South have requested the City to authorize the repair of the water service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of 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 owners 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 owners have 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 $3,490.00. 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: Nancy Gohman, Deputy City Manager/HR Director Meeting of August 17, 2009 (Item No. 4c) Page 2 Subject: Special Assessment - Water Service Line Repair at 2633 Natchez Avenue South RESOLUTION NO. 09-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 2633 NATCHEZ AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owners at 2633 Natchez Avenue South have 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 2633 Natchez Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the 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 Owners 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 $3,490.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council August 17, 2009 City Manager Mayor Attest: City Clerk Meeting Date: August 17, 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: Bid Tabulation and Consultant Services - Street Project - W. 36th Street Streetscape – Project No. 2008-2600. RECOMMENDED ACTION: 1. Motion to designate Thomas and Sons Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $614,316.30 for the W. 36th Street Streetscape Project – Project No. 2008-2600. 2. Motion to authorize entering into a contract with SRF Consulting Group, Inc. to provide professional services during construction of the project POLICY CONSIDERATION: Does the City Council wish to move ahead with construction of the proposed improvements? BACKGROUND: Bid Information: Bids were received on July 21, 2009 for the W. 36th Street Streetscape Project – Project No. 2008- 2600. A total of four (4) bids were received for this project. An advertisement for bids was published in the St. Louis Park Sun-Sailor on June 25, and July 2, 2009 and in the Construction Bulletin on June 29, and July 6, 2009. CONTRACTOR BID AMOUNT Thomas and Sons Construction, Inc. $614,316.30 Sunram Construction, Inc. $689,970.02 Pember Comapanies, Inc. $718,753.90 Veit & Company, Inc. $823,487.78 Engineer’s Estimate $858,239.00 Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends Thomas and Sons Construction, Inc. as the lowest responsible bidder. Thomas and Sons Construction is a reputable contractor who has successfully performed similar types of streetscape work recently in other communities. Meeting of August 17, 2009 (Item No. 4d) Page 2 Subject: Bid Tabulation and Consultant Services: 2009 MSA Street Improvement – Project No. 2009-1100 Construction Timeline: Construction is anticipated to begin the week of August 24, 2009 and should be completed by November 1, 2009. Some trees and miscellaneous plantings may not occur until the spring of 2010. Construction Services A proposal has been provided by SRF Consulting Services to provide construction management and inspection services for the project. Services proposed by SRF would include the following: 1. Full time on-site inspection 2. Construction staking 3. Contractor and utility coordination 4. Testing services 5. Contract management 6. Record drawings upon completion of the project. SRF provided the design services for the plans and specifications prior to bidding, and has also been actively involved with property owners throughout the design process. SRF proposes to utilize the same team for construction that managed the design to assure a seamless transition into construction. Because of SRF’s familiarity with the project, it is recommended that they provide professional services during construction. SRF has outlined the scope of services in further detail in a letter to the City dated July 21, 2009. Compensation would be provided on an hourly basis not to exceed $126,295.00. FINANCIAL OR BUDGET CONSIDERATION: The Capital Improvement Program provides for a total project cost of $1.5 million dollars with funding from a combination of the Livable Communities Grant and Elmwood District Tax Increment Financing. As a result of the bid prices received, contingencies, and anticipated engineering and administrative costs, we expect that the total project cost will remain well within the budgeted amount. However, it should be noted that the proposed improvements do not include improvements adjacent to the proposed redevelopment at the southeast corner of Wooddale and 36th (Village in the Park II). Streetscape improvements at that location will be constructed by the developer at the time the property redevelops. Approximately $832,000 of the grant funds currently remains unspent. Professional services to date are in the Street Capital Projects Fund but have not yet been reimbursed by the Elmwood TIF district. These costs and other costs above the grant funds will be reimbursed by the Elmwood TIF district in future years. Meeting of August 17, 2009 (Item No. 4d) Page 3 Subject: Bid Tabulation and Consultant Services: 2009 MSA Street Improvement – Project No. 2009-1100 Estimated Costs Construction Cost $614, 316 Contingencies (15%) 92,148 Engineering & Administrative 299,500 Total $1,005,964 Funding Sources Livable Communities Grant $ 585,000 Elmwood TIF 420,964 Total $1,005,964 VISION CONSIDERATION: The proposed project will address the following facets of Vision St. Louis Park: 1. Arts and Culture: The project will consider and include a public art element through the project development and public process. This will contribute to several Vision goals related to Arts and Culture. 2. Environment: The project will consider the Vision goal of expanding and enhancing green spaces and parks by incorporating design standards that increase green medians on roadways and tree planting initiatives. 3. Sidewalks and Trails: The project will contribute to the Vision goal of creating a safe and efficient bicycle and pedestrian grid. 4. Transportation: The project will incorporate many of the transportation related Vision goals, including inter-connect of “urban villages”, consideration of transit needs and connections, road safety, and enhancing aesthetics of key corridors. Attachments: None Prepared by: Scott Brink, City Engineer Reviewed by: Sean Walther, Senior Planner Michael P. Rardin, Director of Public Works Kevin Locke, Director of Community Development Bruce DeJong, Director of Finance Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: August 17, 2009 Agenda Item #: 4e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Boards and Commissions EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Traffic Study Number 613: Authorize Traffic Controls at 35½ Street West and Xenwood Avenue South. RECOMMENDED COUNCIL ACTION: Motion to Adopt Resolution Authorizing Installation of 2-Way Stop Signs on 351/2 Street West at Xenwood Avenue South, Traffic Study No. 613. POLICY CONSIDERATION: The proposed action is consistent with City policy. BACKGROUND: In December of 2008 the City received a request from a property owner to install stop signs at the intersection of 35 ½ Street West and Xenwood Avenue South. This intersection is currently uncontrolled, and the request was to make it a two-way stop, stopping the east-west traffic. The property owner stated that with the new Hoigaard Village development opening that higher levels of traffic warranted a controlled intersection. Staff reviewed the intersection and found that it did not meet the traffic criteria set forth in the City’s Traffic Control Policy. However, traffic counts showed that while the intersection did not currently meet warrants for new controls, the volumes were close to the warrant level and when Hoigaard Village reaches full capacity it is certain that there will be enough traffic to warrant the new controls. Although these stop signs are not currently warranted per the traffic criteria set forth in the City’s policy, staff feels that the continued filling of Hoigaard Village will cause the intersection to reach the level of warrant soon. It would be better to have new residents and visitors to the site be acclimated to the stop signs. Therefore, staff is recommending Council authorize installation of the signs as requested. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting these controls is minimal and will come out of the Public Works Operations budget. VISION CONSIDERATION: None. 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: Nancy Gohman, Deputy City Manager/HR Director Meeting of August 17, 2009 (Item No. 4e) Page 2 Subject: Traffic Study Number 613: Authorize Traffic Controls at 35½ Street West and Xenwood Avenue South RESOLUTION NO. 09-_____ RESOLUTION AUTHORIZING INSTALLATION OF 2-WAY STOP SIGNS ON 35 ½ STREET WEST AT XENWOOD AVENUE SOUTH TRAFFIC STUDY NO. 613 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install stop signs on 35 ½ Street West at Xenwood Avenue South (east- and west-bound approaches). Reviewed for Administration: Adopted by the City Council August 17, 2009 City Manager Mayor Attest: City Clerk Meeting of August 17, 2009 (Item No. 4e) Page 3 Subject: Traffic Study Number 613: Authorize Traffic Controls at 35½ Street West and Xenwood Avenue South Traffic Study No. 613: Authorize Traffic Controls at 35 ½ Street West and Xenwood Avenue South Proposed Stop Signs Meeting Date: August 17, 2009 Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Boards and Commissions EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Traffic Study No. 614: Authorize Parking Restrictions in the Proximity of 3424 Wooddale Avenue. RECOMMENDED ACTION: Motion to Adopt Resolution Authorizing Installation of “Bus Parking Only 7 a.m. to 5 p.m. Monday through Friday” Restrictions on the north side of Hamilton Street from Wooddale Avenue to Dakota/Georgia Avenue South in the proximity of 3424 Wooddale Avenue, Traffic Study No. 614. POLICY CONSIDERATION: Does the Council wish to approve the resolution regarding bus only parking? BACKGROUND: In June of 2009, staff received a request from Transition Plus, an educational facility for handicapped students located at 3424 Wooddale Avenue, to limit parking on the north side of Hamilton Street from Wooddale Avenue to Dakota/Georgia Avenue South. The request cited concerns with having enough space to load and unload students from buses in front of the school. Staff reviewed this request and sent out a letter to the properties on the south side of Hamilton Street requesting feedback. No responses to the letter were received. Staff feels that this request is reasonable and similar to parking restrictions at other school buildings. There is ample parking for property owners on the south side of Hamilton Street. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting this restriction is minimal and will come out of the Public Works Operations budget. VISION CONSIDERATION: None. 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: Nancy Gohman, Deputy City Manager/HR Director Meeting of August 17, 2009 (Item No. 4f) Page 2 Subject: Traffic Study No. 614: Authorize Parking Restrictions at 3424 Wooddale Avenue RESOLUTION NO. 09-_____ RESOLUTION AUTHORIZING INSTALLATION OF “BUS PARKING ONLY 7 A.M. TO 5 P.M. MONDAY THROUGH FRIDAY” RESTRICTIONS ON THE NORTH SIDE OF HAMILTON STREET FROM WOODDALE AVENUE TO DAKOTA/GEORGIA AVENUE SOUTH TRAFFIC STUDY NO. 614 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that it is in the best interest of the City to install parking restrictions at this location. 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 “Bus Parking Only from 7 a.m. to 5 p.m. Monday through Friday” restrictions on the north side of Hamilton Street from Wooddale Avenue to Dakota/Georgia Avenues. Reviewed for Administration: Adopted by the City Council August 17, 2009 City Manager Mayor Attest: City Clerk Meeting of August 17, 2009 (Item No. 4f) Page 3 Subject: Traffic Study No. 614: Authorize Parking Restrictions at 3424 Wooddale Avenue Traffic Study No. 614: Authorize Parking Restrictions at 3424 Wooddale Avenue Meeting Date: August 17, 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: Change Order No. 3 to Contract 60-07, Flood Improvement Project - Area #26 (Dakota Park) - Project 2003-1300. ACTION: Motion to approve Change Order No. 3 to Contract No. 60-07, Flood Improvement Project - Area #26 (Dakota Park) - Project 2003-1300. POLICY CONSIDERATION: Does the City Council wish to move ahead with the approval of the change order? BACKGROUND: History On May 7, 2007, the City Council approved a contract in the amount of $817,414.75 to G.F. Jedlicki, Inc. for construction of City Project No. 2003-1300, Dakota Park Area Drainage Improvements. Essentially, the project is comprised of the excavation of detention basins in Dakota Park, the reconstruction of W. 27th Street from Dakota Avenue South to Brunswick Avenue South, and the installation of three (3) large diameter storm drain pipes under the CP Rail tracks on the east side of Dakota Park. On November 5, 2007, the City Council approved Change Order No. 1 for this project which essentially covers significant additional excavation work as a result of changed conditions from the original contract. On December 3, 2007 the Council approved Change Order No. 2 which provided for modifications to the drainage outlets as required by the Minnehaha Creek Watershed District, and for additional corrective soil work required by the Minnesota Pollution Control Agency (MPCA). Additional Work (Change Order No. 3 Additional work added to G.F. Jedlicki’s contract by Change Order No. 3 (attached) can essentially be summarized as follows: Additional (Unforeseen) Costs for Jacking Storm Outlet Pipes Under Railroad Track Embankment. The project required the jacking (tunneling) of 3 large (36 inch-diameter) storm sewer pipes from Dakota Park easterly and under the CP Rail track embankment. During the course of this action, the sub-contractor encountered unknown corrugated metal pipes that caused extra expense for lost time, equipment, and labor necessary to cut and remove the CMP material to allow the jacking operation to continue. Increase in contract price: $20,372.82. Meeting of August 17, 2009 (Item No. 4g) Page 2 Subject: Change Order No. 3 to Contract 60-07 – Dakota Park – Project 2003-1300 Additional cost for hauling contaminated fill to landfill. This is essentially additional hauling cost incurred during the early portion of the project when contaminated fill was first encountered. Initial quantities of fill material hauled to the landfill that were tested and found to be contaminated were re-hauled back to Dakota Park until a proper landfill/disposal area for delivery was found. This additional hauling cost was not included in the costs determined in Change Order No. 1. Increase in contract price: $12,160.18. Current Status The Contractor has completed all required contract work. A separate report requesting authorization for final payment has also been prepared for consideration. FINANCIAL OR BUDGET CONSIDERATIONS: The total contract increase as a result of Change Order No. 3 is $32,533. Combined with the original contract amount of $817,414.75, Change Order No. 1, and Change Order No. 2, the total contract construction cost is $1,498,137.75. The Dakota Park Project is being funded from a combination of Stormwater Utility Fund General Obligation Revenue Bonds (50%) and State of Minnesota Flood Reimbursement Grant monies (50%). Additional costs from Change Order No. 3 are expected to be covered by the same percentages. VISION CONSIDERATION: Not Applicable. Attachment: Change Order No. 3 Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of August 17, 2009 (Item No. 4g) Subject: Change Order No. 3 to Contract 60-07 – Dakota Park – Project 2003-1300 Page 3 Meeting of August 17, 2009 (Item No. 4g) Subject: Change Order No. 3 to Contract 60-07 – Dakota Park – Project 2003-1300 Page 4 Meeting Date: August 17, 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: Final Payment Resolution - Contract 60-07 – G.F. Jedlicki, Inc. – Project No. 2003-1300. RECOMMENDED ACTION: Motion to adopt Resolution Authorizing Final Payment in the Amount of $74,831.18 for the Dakota Park Area Flood Improvement Project, Project No. 2003-1300, City Contract No. 60-07. POLICY CONSIDERATION: Does the Council wish to approve the final payment? BACKGROUND: History On May 7, 2007, the City Council approved a contract in the amount of $817,414.75 to G.F. Jedlicki, Inc. for construction of City Project No. 2003-1300, Dakota Park Area Drainage Improvements. Essentially, the project is comprised of the excavation of detention basins in Dakota Park, the reconstruction of W. 27th Street from Dakota Avenue South to Brunswick Avenue South, and the installation of three (3) large diameter storm drain pipes under the CP Rail tracks on the east side of Dakota Park. On November 5, 2007, the City Council approved Change Order No. 1 for this project which essentially covered significant additional excavation work as a result of changed conditions from the original contract. On December 3, 2007 the Council approved Change Order No. 2 which provided for modifications to the drainage outlets as required by the Minnehaha Creek Watershed District, and for additional corrective soil work required by the Minnesota Pollution Control Agency (MPCA). Additional work added to G.F. Jedlicki’s contract by Change Order No. 3 is addressed in a separate report for consideration along with this final payment request. FINANCIAL OR BUDGET CONSIDERATIONS: The total contract increase as a result of Change Order No. 3 is $32,533.00. Combined with the original contract amount of $817,414.75, and Change Order Nos. 1 and 2, the approved final contract construction cost is $1,498,137.75. The total final construction cost is $1,688,744.26. The 12.7% overrun is attributable primarily to the final measured quantity of contaminated excavated material hauled from the site, which exceeded the estimates provided in Change Order No. 1. Meeting of August 17, 2009 (Item No. 4h) Page 2 Subject: Final Payment Resolution - Contract 60-07 – G.F. Jedlicki, Inc. – Project No. 2003-1300 The Dakota Park Project is funded from a combination of Stormwater Utility Fund General Obligation Revenue Bonds (50%) and State of Minnesota Flood Reimbursement Grant monies (50%). All costs incurred for the project are eligible for the 50% State of Minnesota reimbursement, and there is a sufficient balance of funds in both accounts to cover the costs. VISION CONSIDERATION: Not applicable. Attachment: Resolution Prepared by: Scott Brink, City Engineer Reviewed by: Mike Rardin, Public Works Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of August 17, 2009 (Item No. 4h) Page 3 Subject: Final Payment Resolution - Contract 60-07 – G.F. Jedlicki, Inc. – Project No. 2003-1300 RESOLUTION NO. 09-___ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $74,831.18 FOR THE DAKOTA PARK AREA FLOOD IMPROVEMENT PROJECT, CITY PROJECT NO. 2003-1300, CONTRACT NO. 60-07 NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated May 7, 2007, G.F. Jedlicki, Inc. has satisfactorily completed the Dakota Park Area Flood Improvement Project as per Contract No. 60-07. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $817,414.75 Change Order No. 1 $594,190.00 Change Order No. 2 $54,000.00 Change Order No. 3 $32,533.00 Overrun $190,606.51 Total Contract $1,688,744.26 Previous Payments $1,613,913.08 Balance Due $74,831.18 Reviewed for Administration: Adopted by the City Council August 17, 2009 City Manager Mayor Attest: City Clerk Meeting Date: August 17, 2009 Agenda Item #: 4i Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Project Report: 2009 MSA Street Rehab (Texas Avenue) - Project No. 2008-1101. RECOMMENDED ACTION: Motion to adopt Resolution Accepting the Project Report, Establishing Improvement Project No. 2008-1101 Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2008-1101. POLICY CONSIDERATION: Does the Council wish to adopt the resolution and proceed with this project? BACKGROUND: The Municipal State Aid (MSA) street system is a network of streets, designated by the City, which are eligible for funding from the state for periodic maintenance and reconstruction. MSA streets are typically those major streets which have higher volumes of traffic and are required to be constructed to a higher standard. During the past several years, staff identified the need to rehabilitate portions of the MSA street system through the City’s Pavement Management Program. The Pavement Management Program was developed to extend pavement life and enhance system-wide performance in a cost-effective and efficient way by providing the right maintenance or repair at the right time. Using the City’s pavement management software, staff obtains street condition ratings and monitors their performance. Staff then evaluates the condition of streets and selects cost-effective treatments to extend pavement life. The MSA system is analyzed at the same time as the rest of the residential street network as part of the overall pavement management program. Rather than maintaining MSA streets on an area basis, like the residential street pavement management methodology, these streets are identified for repair or reconstruction based on their current condition. Through the CIP process, MSA projects are then programmed for major maintenance, rehabilitation or reconstruction. ANALYSIS: The following State Aid street segments identified for major maintenance, rehabilitation or reconstruction efforts in 2009 are: Street Start Point End Point Repair/Rehab. Type Alabama Avenue Excelsior Blvd W. 36th Street Pavement Rehabilitation Texas Avenue W. 36th Street Hwy 7 Mill and Overlay Meeting of August 17, 2009 (Item No. 4i) Page 2 Subject: Project Report: 2009 MSA Street Rehab (Texas Avenue) - Project No. 2008-1101 The Alabama Avenue project was approved by City Council on May 5th this year and is currently under construction. Completion is anticipated in mid to late September. The Texas Avenue project involves pavement resurfacing by a mill and overlay process where the top 2 inches of pavement is ground off and then a new asphalt surface is paved. The project also includes minor repairs on the concrete curb and sidewalk, minor storm sewer repairs, and updates to the pedestrian curb ramps to meet current ADA standards. The project construction is anticipated to last about two weeks. The project will be constructed under traffic. Motorists will be guided through the work zone during periods of temporary lane closures. The Engineering Staff has prepared plans and specifications for the Texas Avenue project. Because MSA funds will be used to pay for this project, it is necessary for Mn/DOT to review and approve the plans prior to construction. The plans are being reviewed by Mn/DOT and we anticipate final approval by the end of August. Mn/DOT approval must be obtained prior to opening of bids to obtain MSA reimbursement for this work. PUBLIC PROCESS: Prior to the start of construction, letters will be mailed to the adjacent property owners and tenants providing details of the work and project schedule. The city’s website will also provide information on the proposed project. 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 August 17, 2009 • Advertise for bids Mid to Late August • Bid Opening September 1, 2009 • Bid Tab Report to City Council; Award contract September 8, 2009 • Begin Construction Late September, 2009 FINANCIAL OR BUDGET CONSIDERATION: This project will be funded by State Aid funds. The Engineer’s estimate for the total cost of the project is $139,000 which includes 10% for contingencies and 8% for engineering & administration. VISION CONSIDERATION: Not Applicable. Attachments: Resolution Map of Project Location Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Scott Brink, City Engineer Mike Rardin, Public Works Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of August 17, 2009 (Item No. 4i) Page 3 Subject: Project Report: 2009 MSA Street Rehab (Texas Avenue) - Project No. 2008-1101 RESOLUTION NO. 09-_______ RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2008-1101 APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECTS NO. 2008-1101 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the 2009 MSA Street Improvement Program. 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. 2008-1101 is hereby accepted. 2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2008-1101 is hereby established and ordered. 4. The plans and specifications for the making of these improvements, as prepared under the direction of the City Engineer, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council August 17, 2009 City Manager Mayor Attest: City Clerk Meeting of August 17, 2009 (Item No. 4i) Subject: Project Report: 2009 MSA Street Rehab (Texas Avenue) - Project No. 2008-1101 Page 4 Meeting Date: August 17, 2009 Agenda Item #: 4j 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: Bid Tabulation: Plans & Specs Cable TV Van. RECOMMENDED ACTION: Motion to adopt Resolution Accepting the Project Report, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Replacement Cable TV Van. POLICY CONSIDERATION: Does the City Council wish to continue to move forward with this purchase? BACKGROUND: The van itself is approaching 30 years of age, well beyond the useful life of other vehicles in the city fleet. The van and its equipment have been plagued with problems since the city took possession in late 2006 and city mechanics believe without significant investment (with little or no return on that investment), the vehicle would not meet current Department of Transportation standards for safety and emissions. This replacement has been a part of the Capital Improvement Plan and funds were specifically set aside as part of the Cable TV Franchise Agreement for its replacement. The vehicle was recently taken out of service as it has been deemed unsafe to operate. The van is used an average of three times weekly. Utilizing the van enables the city to produce high-quality, multi-camera productions, including announcing and graphics, the ability to produce live programming, and the flexibility of mobility. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted 2009 Equipment Purchases. The total estimated cost and funding for the purchase was $305,000. The current estimate is as follows: Chassis/Aluminum body and 7kw generator .........................$ 63,305.53 Production equipment total ..................................................$241,694.47 Total...................$305,000.00 Next Steps and Timelines 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: August 17, 2009 • • Advertise bids in Sun Sailor: August 20 and August 27, 2009 • • Bid Opening: September 9, 2009 • • Bid Tabulation Report to City Council; Award contract: September 21, 2009 Meeting of August 17, 2009 (Item No. 4j) Page 2 Subject: Bid Tabulation: Plans & Specs Cable TV Van VISION CONSIDERATION: In reviewing this item, it falls in line with our Vision: St. Louis Park is committed to being a connected and engaged community. Attachments: Resolution Prepared by: Rick Beane, Park Superintendent Jamie Zwilling, Communications Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Meeting of August 17, 2009 (Item No. 4j) Page 3 Subject: Bid Tabulation: Plans & Specs Cable TV Van RESOLUTION NO. 09-_______ RESOLUTION ACCEPTING THE PROJECT REPORT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR REPLACEMENT CABLE TV VAN WHEREAS, the City Council of the City of St. Louis Park has received a report related to the purchase of a replacement Cable TV van. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding the purchase of a replacement Cable TV van is hereby accepted. 2. Such purchase as proposed is necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed purchase of a replacement Cable TV van is hereby established and ordered. 4. The plans and specifications for the making of the improvement, as prepared under the direction of the Park Superintendent, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper an advertisement for bids for the making of said purchase 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 purchase will be complete, 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 Park Superintendent, 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 August 17, 2009 City Manager Mayor Attest: City Clerk Meeting Date: August 17, 2009 Agenda Item #: 4k 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: Bid Tabulation: Aquila Park Reconstruction of Trail System, Parking Lots and Basketball Courts. RECOMMENDED ACTION: Motion to designate Midwest Asphalt Corporation as the lowest responsible bidder of the reconstruction to the trail system, parking lots and basketball courts in Aquila Park and authorize execution of a contract with the firm in the amount of $178,350.00 for Project Nos. 2009-0040 and 2009-0210. POLICY CONSIDERATION: Does the Council desire designate the lowest bidder and enter into a contract on this project? BACKGROUND: Bid Information: Bids were received on August 10, 2009 for the reconstruction of the trail system, parking lots and basketball courts in Aquila Park. As a part of this project the entire trail system in Aquila Park (approximately .55 miles) will be reconstructed/resurfaced. This trail links directly to the regional trail North Trail Corridor which is owned and maintained by Three Rivers Park District (formerly known as the Hutchinson Spur Trail). The trail in Aquila Park links the adjacent elementary school, community neighborhoods and is a key commuter link for residents. This trail also links to the local City sidewalk system. In addition, all parking areas will be reconstructed. Parking areas will have concrete curb and gutter added to correct storm water flow and standing water issues. Lastly, two new full-sized basketball courts with new adjustable hoops (allows for all ages to use hoops) will be reconstructed at Aquila Park. A total of three (3) bids were received for the project. An advertisement for bid was published in the St. Louis Park Sun-Sailor on July 30 and Aug. 6, 2009 and in the Construction Bulletin on July 31 and Aug. 7, 2009. A summary of the bid results is as follows: CONTRACTOR Bid Amount Midwest Asphalt Corporation $178,350.00 Bituminous Roadways, Inc. $186,995.00 DMJ Corporation $209,345.00 Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends Midwest Asphalt Corporation as the lowest responsible bidder of the contract for the work at Aquila Park. Midwest Asphalt Corporation is a reputable contractor and has worked successfully completed previous contracts. Meeting of August 17, 2009 (Item No. 4k) Page 2 Subject: Bid Tabulation: Aquila Park Reconstruction of Trail System, Parking Lots and Basketball Courts Construction Timeline: Construction is planned to begin in August of 2009 and is anticipated to be completed by October 16, 2009. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted Park Improvement Fund. The total estimated costs and funding for the construction the trail system, parking lots, and basketball courts at Aquila Park is as follows: Budget - Aquila Park reconstruction $215,000 Uses Reconstruction of Basketball courts (2) $30,000 Parking lots and trail system upgrade $185,000 Total $215,000 Sources City of St. Louis Park $115,000 CDBG $100,000 Total $215,000 The city will receive a CDBG Grant from Hennepin County in the amount of $100,000 for this project. This will result in a savings of $100,000 that won’t be expended from the City’s Park Improvement Fund. VISION CONSIDERATION: Projects like this are consistent with the City Councils Strategic Direction of being a connected and engaged community and creating community gathering places. Attachments: None Prepared by: Stacy Voelker, Administrative Secretary Rick Beane, Superintendent of Parks Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: August 17, 2009 Agenda Item #: 4l 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 August 1 through August 14, 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 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 1Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 500.00SPECIAL EVENTS OTHER CONTRACTUAL SERVICES3RD LAIR SKATEPARK 1,024.00SKATEBOARD PROGRAMS OTHER CONTRACTUAL SERVICES 1,524.00 354.43STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEAAA LAMBERTS LANDSCAPE PRODUCT 354.43 279.79ORGANIZED REC G & A OTHER CONTRACTUAL SERVICESAARCEE PARTY AND TENT RENTAL 279.79 7,600.00FINANCE G & A AUDITING AND ACCOUNTING SERVICABDO EICK & MEYERS LLP 2,225.00WATER UTILITY G&A AUDITING AND ACCOUNTING SERVIC 2,225.00SEWER UTILITY G&A AUDITING AND ACCOUNTING SERVIC 6,425.00SOLID WASTE G&A AUDITING AND ACCOUNTING SERVIC 6,425.00STORM WATER UTILITY G&A AUDITING AND ACCOUNTING SERVIC 24,900.00 135.75ESCROWSBass Lake/EDI/UPAECOM INC 135.75 506.03SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 506.03 2.78SUMMER GRADE 1 GENERAL SUPPLIESALMSTEAD'S SUPERVALU 2.78 2,500.00ESCROWSBROOKSIDE TRAFFIC STUDYALPINE DESIGNERS & BUILDERS 2,500.00 319.23AQUATIC PARK MAINTENANCE GENERAL SUPPLIESAMERICAN PRESSURE INC 319.23 60.49PARK AND RECREATION BALANCE SH INVENTORYAMERICAN TIRE DISTRIBUTORS 60.49 87.09GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 141.06PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 88.66PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 88.12VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 68.16WATER UTILITY G&A OPERATIONAL SUPPLIES 68.14SEWER UTILITY G&A OPERATIONAL SUPPLIES 541.23 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 2 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 2Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 1,214.75PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 1,214.75 1,049.03TRAFFIC CONTROL OTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL 1,049.03 378.94GENERAL REPAIR EQUIPMENT MTCE SERVICEASPEN EQUIPMENT CO 378.94 390,266.04CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIASTECH 390,266.04 3,933.81WATER UTILITY G&A OTHERAUTOMATIC SYSTEMS INC 3,933.81 246.00STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIBARR ENGINEERING CO 246.00 480.94PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBARTLEY SALES CO 480.94 200.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESBEALKE INDUSTRIES, ROBERT 200.00 34.36NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBENSEN, KARON 34.36 725.00SOFTBALLOTHER CONTRACTUAL SERVICESBERG, STEVE 725.00 522.00EMPLOYEE FLEX SPEND G&A HEALTH INSURANCEBLUE PRINT FOR HEALTH 522.00 909.58PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBOHN WELDING INC 909.58 500.00ESCROWSBROOKSIDE TRAFFIC STUDYBOUZRARA, SAMIR 500.00 975.76DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 975.76 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 3 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 3Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 94.58TECHNOLOGY REPLACE G&A OFFICE FURNITURE & EQUIPMENTCDW GOVERNMENT INC 154.46DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT 636.16APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT 885.20 5,244.98DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 5,244.98 162.41FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 370.37PARK MAINTENANCE G & A HEATING GAS 27.83WESTWOOD G & A HEATING GAS 44.82NATURALIST PROGRAMMER HEATING GAS 1,646.31WATER UTILITY G&A HEATING GAS 54.72REILLY G & A HEATING GAS 81.26SEWER UTILITY G&A HEATING GAS 2,387.72 475.13PRINTING/REPRO SERVICES OFFICE SUPPLIESCENTRAL ENVELOPE CORPORATION 475.13 10,400.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,400.00 32.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESCHOICEPOINT SERVICES INC 32.00 120.36-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 18.16ORGANIZED REC G & A BANK CHARGES/CREDIT CD FEES 1,323.12SUMMER PLAYGROUNDS GENERAL SUPPLIES 549.93SUMMER FIELDTRIPS GENERAL SUPPLIES 25.00PPL LOUISIANA COURT TRAINING 1,795.85 14,028.08ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 14,028.08 46.81PATCHING-PERMANENT GENERAL SUPPLIESCONSTRUCTION MATERIALS 46.81 349.41BUILDING MAINTENANCE GENERAL SUPPLIESCONTINENTAL RESEARCH CORP 349.41 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 4 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 4Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 8,158.89POLICE G & A OTHER CONTRACTUAL SERVICESCORNERSTONE ADVOCACY SERVICE 8,158.89 312.50SOFTBALLOTHER CONTRACTUAL SERVICESCOX, BARB 312.50 154.15BUILDING MAINTENANCE BUILDING MTCE SERVICECRAWFORD DOOR SALES CO INC. 154.15 2,500.00ESCROWSBROOKSIDE TRAFFIC STUDYCROUSE, BRIAN 2,500.00 7.51INSPECTIONS G & A GENERAL SUPPLIESCULLIGAN BOTTLED WATER 7.51 282.64BUILDING MAINTENANCE EQUIPMENT MTCE SERVICECUMMINS-ALLISON CORP 282.64 300.00SOFTBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 300.00 682.45SSD 1 G&A LANDSCAPING MATERIALSCUSTOM PRODUCTS & SERVICES 2,466.43SSD 1 G&A OTHER CONTRACTUAL SERVICES 1,541.52SSD 2 G&A OTHER CONTRACTUAL SERVICES 262.27SSD 3 G&A LANDSCAPING MATERIALS 530.97SSD 3 G&A OTHER CONTRACTUAL SERVICES 5,483.64 6,306.00WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 6,306.00 323.91BUILDING MAINTENANCE GENERAL SUPPLIESDALCO ENTERPRISES INC 323.91 1,413.13OFFICE EQUIPMENT IMPROVEMENTS OTHER THAN BUILDIDAMON FARBER ASSOCIATES 1,413.13 500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESDAVINA & THE VAGABONDS 500.00 25.00BOILER MTCE LICENSESDEPT LABOR & INDUSTRY Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 5 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 5Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 8,652.32INSPECTIONS G & A DUE TO OTHER GOVTS 8,677.32 221.50ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 221.50 188.23PARK AND RECREATION BALANCE SH INVENTORYDIESEL COMPONENTS 188.23 857.70POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 857.70 49.83OPERATIONSTRAININGDOBESH, MICHAEL 49.83 72.22SUMMER FIELDTRIPS GENERAL SUPPLIESDUNDEE NURSERY 72.22 20.00FACILITY ROOM RENTAL RENT REVENUEDZIEDZIC, JOE 20.00 1,352.00ARENA MAINTENANCE GENERAL SUPPLIESECOLAB INC 1,352.00 468.65SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 468.65 1,725.00TECHNOLOGY REPLACE G&A OFFICE FURNITURE & EQUIPMENTELERT & ASSOCIATES 1,725.00 320.63STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEESS BROTHERS & SONS INC 320.63 1,099.40PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 439.67VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 1,539.07 2,500.00ESCROWSBROOKSIDE TRAFFIC STUDYFALZONE, JOSEPH 2,500.00 81.24POLICE G & A POSTAGEFEDEX 81.24 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 6 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 6Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 198.04ICE RESURFACER MOTOR FUELSFERRELLGAS 198.04 203.112008A UTIL REV BOND PROJECT RENTAL BUILDINGSFORKLIFTS OF MN INC. 203.11 100.00SOFTBALLOTHER CONTRACTUAL SERVICESGHIZONI, DAVE 100.00 2,500.00ESCROWSBROOKSIDE TRAFFIC STUDYGOEDKIN, CATHERINE 2,500.00 357.08GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGRAINGER INC, WW 138.98WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 496.06 209.48WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 209.48 3,026.10WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGROTH SEWER & WATER 3,026.10 300.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 300.00 1,500.00ESCROWSBROOKSIDE TRAFFIC STUDYHAUGEJORDEN, CHAD & SONYA 1,500.00 3,638.13AQUATIC PARK MAINTENANCE GENERAL SUPPLIESHAWKINS INC 3,638.13 550.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHELGESON, GLEN 550.00 75.00SOFTBALLOTHER CONTRACTUAL SERVICESHENDERSON, TRACY 75.00 969.57NETWORK SUPPORT SERVICES COMPUTER SERVICESHENNEPIN COUNTY INFO TECH 969.57 4,240.00MAINTENANCEOTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 7 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 7Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 8,240.00 3,277.15DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTHEWLETT-PACKARD CO 3,277.15 51.48GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESHIRSHFIELDS 106.17WATER UTILITY G&A BUILDING MTCE SERVICE 157.65 611.85GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESHOME DEPOT CREDIT SERVICES 30.25ROUTINE MAINTENANCE GENERAL SUPPLIES 7.22DAMAGE REPAIR GENERAL SUPPLIES 202.09PARK MAINTENANCE G & A GENERAL SUPPLIES 10.94TREE MAINTENANCE SMALL TOOLS 80.35WATER UTILITY G&A SMALL TOOLS 691.69WATER UTILITY G&A BUILDING MTCE SERVICE 46.06SEWER UTILITY G&A GENERAL SUPPLIES 83.28SEWER UTILITY G&A SMALL TOOLS 56.18SEWER UTILITY G&A BUILDING MTCE SERVICE 197.45STORM WATER UTILITY G&A BUILDING MTCE SERVICE 2,017.36 35.11GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME HARDWARE 101.10ENGINEERING G & A GENERAL SUPPLIES 11.95PARK MAINTENANCE G & A GENERAL SUPPLIES 154.79PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 302.95 184.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 175.00KICKBALLOTHER CONTRACTUAL SERVICES 350.00SOFTBALLOTHER CONTRACTUAL SERVICES 709.00 92.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 50.00KICKBALLOTHER CONTRACTUAL SERVICES 142.00 92.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 50.00KICKBALLOTHER CONTRACTUAL SERVICES 50.00SOFTBALLOTHER CONTRACTUAL SERVICES Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 8 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 8Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 192.00 205.23ORGANIZED REC G & A GENERAL SUPPLIESHSBC BUSINESS SOLUTIONS 137.76SUMMER FIELDTRIPS GENERAL SUPPLIES 120.17SUMMER GRADES 5-6 GENERAL SUPPLIES 728.32CONCESSIONSCONCESSION SUPPLIES 1,191.48 513.06IRRIGATION MAINTENANCE GENERAL SUPPLIESHYDROLOGIC WATER MGMT 513.06 60.00HUMAN RESOURCES RECRUITMENTI/O SOLUTIONS INC 60.00 102.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSIAEI 102.00 175.99POLICE & FIRE PENSION G&A GENERAL PROFESSIONAL SERVICESICC 175.99 22.73SPLASH PAD MAINT - Oak Hill Pk GENERAL SUPPLIESINDELCO 831.97WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 235.78STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,090.48 261.84TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIESINDEPENDENT BLACK DIRT CO 261.84 2,020.46VOICE SYSTEM MTCE TELEPHONEINTEGRA TELECOM 2,020.46 90.81PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD 90.81 414.50WATER UTILITY G&A EQUIPMENT MTCE SERVICEJ & F REDDY RENTS 414.50 3,335.00SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEJEDLICKI INC, G F 3,335.00 44.00VOLLEYBALLOTHER CONTRACTUAL SERVICESJOHNSON, SUSAN 275.00KICKBALLOTHER CONTRACTUAL SERVICES Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 9 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 9Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 319.00 186.45COMMUNITY PARTNERSHIPS MILEAGE-PERSONAL CARKENIGER, ALISA 186.45 28,995.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEKEYS WELL DRILLING CO 28,995.00 636.00ENVIRONMENTAL BUDGET OTHER CONTRACTUAL SERVICESKIDS TEAM TENNIS LLC 636.00 5.35PPL LOUISIANA COURT MEETING EXPENSEKLESK, JANE 5.35 400.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESKRAMER, JOYCE 400.00 11.00HOUSING REHAB G & A MEETING EXPENSELARSEN, KATHY 42.35HOUSING REHAB G & A MILEAGE-PERSONAL CAR 53.35 508.16RELAMPINGOTHER IMPROVEMENT SUPPLIESLARSON, JH CO 28.51BUILDING MAINTENANCE GENERAL SUPPLIES 536.67 163.73GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC 163.73 225.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATLEAGUE OF MN CITIES 225.00 693.98UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE 693.98 99.15POLICE G & A OTHER CONTRACTUAL SERVICESLEXISNEXIS 99.15 129.78INSPECTIONS G & A BUILDINGLIFE SAFETY SYSTEMS 129.78 23.00YOUTH PROGRAMS PROGRAM REVENUELINDSTROM, JULIE 23.00 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 10 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 10Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 180.00-PARK AND RECREATION BALANCE SH INVENTORYLUBRICATION TECHNOLOGIES INC 200.502008A UTIL REV BOND PROJECT RENTAL BUILDINGS 20.50 28.89SUMMER FIELDTRIPS GENERAL SUPPLIESLUTTERMAN, JESSE 28.89 100.00FRANCHISE ADMINISTRATION SEMINARS/CONFERENCES/PRESENTATMACTA 100.00 303.93SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE 180.99SSD 2 G&A OTHER CONTRACTUAL SERVICES 192.88SSD 3 G&A OTHER CONTRACTUAL SERVICES 677.80 96.19SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS 96.19 22.11DAMAGE REPAIR GENERAL SUPPLIESMENARDS 41.67DAMAGE REPAIR SMALL TOOLS 22.83WESTWOOD G & A GENERAL SUPPLIES 419.68WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 12.88HALLOWEEN PARTY GENERAL SUPPLIES 93.96WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 20.96WATER UTILITY G&A BUILDING MTCE SERVICE 634.09 893.62OPERATIONSEQUIPMENT MTCE SERVICEMETRO FIRE INC 893.62 397,980.00INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL 397,980.00 64.13WATER UTILITY G&A OFFICE EQUIPMENTMICRO CENTER 64.13 2,767.59SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 248.84PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 15,450.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 18,466.43 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 11 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 11Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 3,115.00WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESMIDWEST TESTING LLC 3,115.00 3,205.00WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA A W W A 3,205.00 25.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA ORNITHOLOGISTS' UNIO 25.00 75.00COMMUNITY OUTREACH G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA RURAL PARTNERS INC 75.00 620.30PRINTING/REPRO SERVICES OFFICE SUPPLIESMINUTEMAN PRESS 620.30 575.00ORGANIZED REC G & A TRAININGMRPA 575.00 74.00PARK AND RECREATION BALANCE SH INVENTORYMYERS TIRE SUPPLY CO 74.00 99.00HUMAN RESOURCES RECRUITMENTNORTH MEMORIAL OCCUPATIONAL HE 99.00 2,236.50TREE REPLACEMENT TREE REPLACEMENTNORTH METRO LANDSCAPING INC 2,236.50 20.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER APA 20.00 4,623.17TASK FORCE GRANTS - STATENORTHWEST DRUG TASKFORCE 4,623.17 31.10PARK AND RECREATION BALANCE SH INVENTORYNUSS TRUCK & EQUIPMENT 31.10 201.45PARK AND RECREATION BALANCE SH INVENTORYO'REILLY AUTO PARTS 141.19-GENERAL REPAIR EQUIPMENT PARTS 60.26 500.00POLICE G & A OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 500.00 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 12 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 12Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 270,702.50CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIODLAND PROTECTIVE COATINGS INC 270,702.50 91.00INSPECTIONS G & A GENERAL SUPPLIESOFFICE DEPOT 117.64ORGANIZED REC G & A OFFICE SUPPLIES 208.64 1,534.18INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 1,534.18 132.92OPERATIONSOPERATIONAL SUPPLIESOHLIN SALES INC 132.92 166.75EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESOPTUM HEALTH FINANCIAL SERVICE 166.75 4,575.00GENERAL INFORMATION GENERAL PROFESSIONAL SERVICESOWL ENGINEERING & EMC TEST LAB 4,575.00 50.00SOFTBALLOTHER CONTRACTUAL SERVICESPENKERT, JEREMY 50.00 400.00MOVE-UP PROGRAM SERVICES/MRKTG ADVERTISINGPERNSTEINER CREATIVE GROUP INC 1,195.00WATER UTILITY G&A POSTAGE 5,621.36WATER UTILITY G&A PRINTING & PUBLISHING 7,216.36 .50GENERAL FUND BALANCE SHEET CLEARING ACCOUNTPETTY CASH 23.05ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 46.05ADMINISTRATION G & A MILEAGE-PERSONAL CAR 8.79HUMAN RESOURCES CITE 20.00HUMAN RESOURCES MEETING EXPENSE .61POSTAL SERVICES POSTAGE 6.00DATA SYSTEM MTCE GENERAL SUPPLIES 14.84POLICE G & A TRAINING 16.98OPERATIONSGENERAL SUPPLIES 16.99OPERATIONSEMERGENCY PREPAREDNESS 23.59INSPECTIONS G & A GENERAL SUPPLIES 13.00INSPECTIONS G & A TRAINING 3.00INSPECTIONS G & A MEETING EXPENSE 4.00INSPECTIONS G & A MILEAGE-PERSONAL CAR Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 13 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 13Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 19.90INSPECTIONS G & A MISC EXPENSE 38.00PUBLIC WORKS OPS G & A LICENSES 7.32PARK AND RECREATION BALANCE SH INVENTORY 11.20PARK MAINTENANCE G & A GENERAL SUPPLIES 1.48VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 129.00VEHICLE MAINTENANCE G&A LICENSES 404.30 35.62WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC 16.06WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 23.58JUNIOR NATURALISTS GENERAL SUPPLIES 4.00SUMMER THEATER ARTS CAMP GENERAL SUPPLIES 4.79SUMMER GRADE 1 GENERAL SUPPLIES 8.98SUMMER GRADE 2-3 GENERAL SUPPLIES 29.98OTHER SUMMER CAMPS GENERAL SUPPLIES 123.01 26,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESPLAYPOWER LT FARMINGTON INC 26,000.00 253.29PARK AND RECREATION BALANCE SH INVENTORYPOMP'S TIRE SERVICE INC 253.29 7.28WESTWOOD G & A GENERAL SUPPLIESPOPE, DREW 30.00SUMMER THEATER ARTS CAMP GENERAL SUPPLIES 29.21SUMMER GRADE 1 GENERAL SUPPLIES 66.49 360.00PARK MAINTENANCE G & A TELEPHONEPOPP TELECOM 360.00 208.98WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603 208.98SEWER UTILITY G&A POSTAGE 208.98SOLID WASTE COLLECTIONS POSTAGE 208.98STORM WATER UTILITY G&A POSTAGE 835.92 1,401.82STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEPRAIRIE RESTORATIONS INC 1,401.82 8,650.47TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE 8,650.47 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 14 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 14Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 15,300.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICESPREMIUM TITLE GROUP 15,300.00 518.07FINANCE G & A PRINTING & PUBLISHINGPRINT SHOP 13.80FINANCE G & A BANK CHARGES/CREDIT CD FEES 531.87 72.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 72.00 599.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDIPROGRESSIVE CONSULTING ENGINEE 599.00 100.20INSPECTIONS G & A BUILDINGPROPERTY CLAIM SOLUTIONS 100.20 314.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 314.00 19.37ESCROWSQUICKSILVER EXPRESS COURIER 35.35VEHICLE MAINTENANCE G&A POSTAGE 54.72 52.18ORGANIZED REC G & A OFFICE SUPPLIESQUILL CORP 52.18 7,154.89PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESQUIRING EXCAVATING LLC 7,154.89 647.19FACILITY OPERATIONS TELEPHONEQWEST 104.80COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 751.99 600.32EMPLOYEE FLEX SPEND G&A TUITIONRAMRUP, RAY RAVINDRA 600.32 3.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTRASCH, BARBARA 3.00 1,107.00STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIREED BUSINESS INFORMATION 1,107.00 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 15 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 15Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 675.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESREHKAMP LARSON ARCHITECTS INC 675.00 96.77PARK AND RECREATION BALANCE SH INVENTORYRMS RENTALS 96.77 299.25STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEROYAL CONCRETE PIPE INC 299.25 588.26EMPLOYEE FLEX SPEND G&A TUITIONRUD, JOSEPH 588.26 250.00OPERATIONSTRAININGRUTZEN & ASSOCIATES, J 250.00 3,203.91SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICESSEH 3,203.91 860.11UNINSURED LOSS G&A UNINSURED LOSSSERVICE MASTER 860.11 400.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESSHAPIRA, JOEL 400.00 378.00FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH 378.00 75.65PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSHERWIN WILLIAMS 75.65 290.00IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICESSIGNATURE MECHANICAL INC 3,041.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 294.26SPLASH PAD MAINT - Oak Hill Pk OTHER CONTRACTUAL SERVICES 3,625.26 168.49NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESSOUTH OAK HILL NEIGHBORHOOD AS 168.49 10,000.00ESCROWSGENERALSPROLES, CHACONAS 10,000.00 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 16 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 16Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 8,074.49CE DESIGN IMPROVEMENTS OTHER THAN BUILDISRF CONSULTING GROUP INC 8,074.49 500.00GENERAL FUND G&A CONTRIBUTIONS/DONATIONSST LOUIS PARK COMMUNITY BAND 500.00 7,069.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSTANDARD SIDEWALK INC 7,069.00 96.66BUILDING MAINTENANCE GENERAL SUPPLIESSTATE SUPPLY CO 96.66 10,353.35REILLY BUDGET GENERAL PROFESSIONAL SERVICESSUMMIT ENVIROSOLUTIONS INC 10,353.35 96.53ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 386.10STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 75.08WATER UTILITY G&A LEGAL NOTICES 557.71 5,000.00ESCROWSBROOKSIDE TRAFFIC STUDYSUNDAL, JON 5,000.00 48.80SUMMER GRADES 5-6 GENERAL SUPPLIESTARGET BANK 48.80 85.00TRAININGTRAININGTCALMC 85.00 450.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESTEA2 450.00 61.92ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 61.92 4,358.32AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIESTHATCHER POOLS & SPAS INC 4,358.32 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 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 17 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 17Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 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 10.27WATER UTILITY G&A LONG TERM DISABILITY 836.77EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY 1,337.09 3,473.92WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDITHERMASTOR PRODUCTS GROUP 3,473.92 188.75ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 188.75 2,949.40ESCROWSDuke Construction-Mps West TSTKDA 2,949.40 1,680.42EMPLOYEE FLEX SPEND G&A TUITIONTOMASKO, MARY 1,680.42 250.00SOFTBALLOTHER CONTRACTUAL SERVICESTRAUTMANN, JOHN 250.00 260.69GROUNDS MTCE LANDSCAPING MATERIALSTRUGREEN CHEMLAWN 260.69 408.97PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESTWIN CITY HARDWARE 408.97 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 18 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 18Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 35.54ROUTINE MAINTENANCE EQUIPMENT PARTSTWIN CITY SAW & SERVICE CO 198.47TREE MAINTENANCE GENERAL SUPPLIES 234.01 580.20POLICE G & A OPERATIONAL SUPPLIESUNIFORMS UNLIMITED (PD) 56.03RESERVESOPERATIONAL SUPPLIES 686.92COMMUNITY SERVICE OFFICER OPERATIONAL SUPPLIES 1,323.15 454.93WATER UTILITY G&A EQUIPMENT MTCE SERVICEUNITED RENTALS NORTHWEST INC 4.99STORM WATER UTILITY G&A GENERAL SUPPLIES 459.92 330.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 330.00 76.69POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC 27.83WATER UTILITY G&A TELEPHONE 104.52 257.00HUMAN RESOURCES RECOGNITIONVAIL, LORI 257.00 184.58OPERATIONSOPERATIONAL SUPPLIESVALLEY NATIONAL GASES WV LLC 184.58 1,402.40WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 4,000.00CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 5,402.40 3,000.00ESCROWSPMC ESCROWVAN DEN EINDE, CONNIE 3,000.00 100.10ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 100.10 73.04COMMUNICATIONS/GV REIMBURSEABL TELEPHONEVERIZON WIRELESS 73.04 100.69WATER UTILITY G&A EQUIPMENT MTCE SERVICEVESSCO INC 100.69 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 19 8/12/2009CITY OF ST LOUIS PARK 6:43:32R55CKSUM LOG23000VO 19Page -Council Check Summary 8/14/2009 -8/1/2009 Vendor AmountBusiness Unit Object 120.30WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 120.30 1,178.98CONCESSIONSCONCESSION SUPPLIESWATSON CO INC 1,178.98 537.76WATER UTILITY G&A EQUIPMENT MTCE SERVICEWEBER ELECTRIC 366.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 389.92STORM WATER UTILITY G&A EQUIPMENT MTCE SERVICE 1,293.68 134,671.00WESTMORELAND HIA OTHER CONTRACTUAL SERVICESWESTMORELAND HILLS OWNER ASSN 134,671.00 2,390.012008A UTIL REV BOND PROJECT RENTAL BUILDINGSWILLIAMS SCOTSMAN INC 2,390.01 750.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTWITTMAN, ROBERT 750.00 4,147.00COUNTS AND STUDIES OTHER CONTRACTUAL SERVICESWSB ASSOC INC 4,147.00 11,199.76FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 168.91PARK BUILDING MAINTENANCE ELECTRIC SERVICE 467.87WESTWOOD G & A ELECTRIC SERVICE 20,239.35ENTERPRISE G & A ELECTRIC SERVICE 319.81WATER UTILITY G&A ELECTRIC SERVICE 32,395.70 Report Totals 1,622,431.63 Meeting of August 17, 2009 (Item No. 4l) Subject: Vendor Claims Page 20 Meeting Date: August 17, 2009 Agenda Item #: 4m OFFICIAL MINUTES OF JUNE 25, 2009 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Thursday, June 25, 2009, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Chair Paul Roberts Vice Chair James Gainsley Susan Bloyer Henry Solmer Members Absent: Ryan Burt Staff Present: Adam Fulton, Planner Nancy Sells, Administrative Secretary 1. CALL TO ORDER – ROLL CALL Chair Roberts called the meeting to order at 6:00 p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion was made by Commissioner Gainsley to approve the minutes of October 23, 2008. Motion Carried. Voting Yes: Bloyer, Gainsley, Roberts, and Solmer. 3. CONSENT AGENDA None 4. PUBLIC HEARINGS/COMMITTEE BUSINESS A. Case No. 09-14-VAR – The request of Mitch and Laura Callahan for a variance from the requirements of Section 36-163(f)(5) of the Ordinance Code relating to zoning to allow a 3.0 foot setback instead of the required 6.0 foot setback for a proposed attached garage for property located in the “R-1” Single Family Residential District at 8112 Westwood Hills Drive Adam Fulton, Planner, presented the staff report. Staff believes the Americans with Disabilities Act should be considered when evaluating the requested variance, and that all of the seven criteria have been satisfied. Staff recommends adoption of the draft resolution approving a 3.0 foot variance to the required 6.0 foot side yard setback resulting in a 3.0 foot side yard setback for the proposed Meeting of August 17, 2009 (Item No. 4m) Page 2 Subject: Board of Zoning Appeals Minutes June 25, 2009 attached garage and living space addition, with the condition that the variance applies to the attached garage and mudroom/laundry room shown on the exhibits only. Commissioner Solmer asked if the request was reviewed with the City Attorney. Mr. Fulton responded he expected that Gary Morrison did have a conversation with the City Attorney about the request. The staff report looks at case law and whether this is a reasonable request. It was determined by Mr. Morrison in conversation with other planning staff that this was a reasonable request and would be appropriate. Commissioner Gainsley said he had a problem with the request. This is the first time in 30 years on the board that we’ve come up with a case that calls out the ADA as a reason for giving a variance. The variance goes with the land, not the applicant. So if the variance was granted the board would certainly want to put a sunset clause in it, which makes it difficult for them to sell the property to someone else because it would then be non-conforming and the addition would have to come down. He said the other issue is precedent. What protection does the City have for that? Mr. Fulton said the ADA is something we want to be very careful about as we apply it. It’s not something that is taken lightly by any applicant or by staff. Staff deals with it every day when looking at City projects. He went on to say that in this case, the request is very reasonable and appropriate for a variance. Mr. Fulton said because it involves construction he’s not sure how the legal issues would apply and whether a sunset clause could be put on a variance like this. He said he didn’t think a non-conformity would be created that would somehow restrict the applicant’s ability to sell the house. Commissioner Gainsley responded that applicants have come to BOZA before saying they need a variance related to an illness, or wheelchair, or disability, but no one has ever called on the ADA as backing for that. This is a first. We have never had an ADA case. Commissioner Bloyer spoke about a request to BOZA from a company which wanted to make ADA accessible restrooms. Commissioner Gainsley replied that was true, but an applicant has never used the ADA to get a variance for a side yard. Mr. Fulton said staff reviewed the proposal in light of the disability, but also noted that it is a reasonable request. Staff didn’t look solely at the ADA when reviewing the appropriateness of the request. He showed a drawing of the site. The proposed addition is closer to the property line than the current house. The neighbor’s house is quite far from the property line, which creates a balancing effect. The neighbor has ample space to do an expansion and still be quite a distance from the property line. Meeting of August 17, 2009 (Item No. 4m) Page 3 Subject: Board of Zoning Appeals Minutes June 25, 2009 Commissioner Gainsley said he does not have an issue granting a variance because of the ADA issue, but has a problem with the precedent it sets in the way in which it’s going to be implemented in the future. The City needs to pay attention to that. It’s not up to BOZA to do that. Commissioner Solmer said it sounds like staff and BOZA would be making up the judgment of what is a reasonable request as we go along. He said there is a procedure to determine whether or not a disability qualifies under the ADA. Whether a disability is legally cognizable and is recognizable under the ADA. He said there is no analysis of that in the staff report, whatsoever. The mere fact that someone alleges something does not mean they qualify for it. There is no analysis provided and that is not the sort of thing BOZA can do. For us to grant a variance based on a claim with no analysis as to whether it meets the standard or not, opens the door to anyone making a claim and citing this precedent. Commissioner Gainsley added that the variance goes with the land and future owners have the privilege of that same variance with no medical necessity for it. Mr. Fulton suggested the applicant may want to reply to the concerns raised. Chair Roberts said it’s more about the setting of a precedent, not determining whether or not the applicant qualifies under ADA. The BOZA is operating on the staff analysis of the certification of the disability and staff interpretation of the law. He referenced page five, paragraph four of the staff report which says: “The City Attorney also recommends that the ADA allows BOZA to waive any of the seven criteria used to evaluate a variance request if the BOZA determines that a disability exists and the variance request is reasonable and necessary.” Chair Roberts said it isn’t the job of the BOZA to determine whether or not a disability exists. Mr. Fulton said that wasn’t what BOZA was being asked to do. He said he believed the request is for a variance. The applicant has provided background on the disability issue. Staff’s intent is not for BOZA to look solely at that. It is also to look at the actual proposal itself for a garage expansion which would come within three feet of the property line. He spoke about precedent and what is meant by it. He noted that other accommodations have been made for other residences to build two car garages and get as close or closer than this to the property line. In this case there is a unique circumstance that relates to ADA and the Fair Housing Act. That is the direction staff took in the staff report. Commissioner Gainsley asked Mr. Fulton if he agreed that without the medical need, that there is no hardship in this case. Mr. Fulton said what Gary Morrison, Assistant Zoning Administrator, notes in the report is that the City Attorney has explained to staff that the BOZA has the ability to waive any of those seven criteria. There are criteria that are very clearly met, and certainly the reasonableness criteria are very strongly met. It is a balancing act. The Board of Zoning Appeals must review whether the regulations are reasonable or not. That is something the Board has to determine based on the staff report. Meeting of August 17, 2009 (Item No. 4m) Page 4 Subject: Board of Zoning Appeals Minutes June 25, 2009 Commissioner Gainsley spoke about criteria No.1 in the staff report, saying that without ADA, staff doesn’t feel there is a hardship. Chair Roberts said he understood the purpose of the variance and said he supported the variance, but he was concerned about precedent and the mechanisms of working with ADA and the variance process. He said he felt he didn’t have enough direction from the City Attorney. He said he felt there wasn’t enough information regarding how a disability is certified. Mr. Fulton stated that precedent is an important function of the BOZA. He commented that the case is extraordinarily unique. Documentation of the disability is available. Commissioner Bloyer suggested the request could be sent back to staff for additional analysis and the case could be postponed for a month. Commissioner Gainsley said that seemed appropriate. He said he is bothered by the process unrelated to the specific variance. He felt a letter from the attorney stating his position should have been part of the report. The Chair opened the public hearing. Mitch Callahan said delaying the request for a month would probably not create any undo hardship. He spoke about his condition, physical issues, and falling, and the desire to be proactive when faced with deteriorating abilities. He said further data is available from his physicians. Mr. Callahan said in the variance application process, he did not present ADA information. Staff presented that information. As no one else was present wishing to speak, the Chair closed the public hearing. Commissioner Gainsley discussed the need to address the process and have the City set up a protocol for handling situations like this. He said he had no question about this variance request, but felt it necessary to continue the case to allow the City to set up a protocol. Commissioner Solmer said if the variance is granted it will be based on the ADA, so the BOZA needs a legal opinion as to whether this qualifies as a disability under the ADA. This isn’t a BOZA function, it isn’t a physician function. We need an opinion from an attorney who is knowledgeable and experienced in working with the ADA. We need a dispositive opinion on this. This will be a precedent. Commissioner Gainsley made a motion to continue the request until the next meeting, July 23rd, to allow staff to work with lawyers to determine both the process and certification for cases requesting variances going forward using the ADA as part of the justification for the variance, including a dispositive opinion and addressing the sunset issue. Meeting of August 17, 2009 (Item No. 4m) Page 5 Subject: Board of Zoning Appeals Minutes June 25, 2009 Motion carried. Voting yes: Bloyer, Gainsley, Roberts, Solmer. 6. New Business A. Election of Chair and Vice Chair Commissioner Gainsley nominated Susan Bloyer for Chair. Motion carried. Voting yes: all Commissioner Roberts nominated James Gainsley as Vice Chair. Motion carried. Voting yes: all The meeting was adjourned by Chair Roberts at 6:33 p.m. Respectfully Submitted, Nancy Sells Administrative Secretary Meeting Date: August 17, 2009 Agenda Item #: 5a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Boards and Commissions EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Appointment of Citizen Representatives to Boards and Commissions. RECOMMENDED ACTION: Motion to appoint citizen representatives to fill vacancies in the following Boards and Commissions with terms as follows: Name Commission Term Expiration Alison Knoche Prosser Human Rights Commission 12/31/2011 Sam Flumerfelt (youth) Parks & Recreation Advisory Commission 8/31/2010 POLICY CONSIDERATION: Does the Council wish to appoint the individuals to the respective commissions and for the terms listed above? BACKGROUND: The City Council reviewed the applications of and interviewed the above individuals on August 3, 2009. Council discussed the candidates and unanimously agreed to make appointments to the boards and commissions identified and for the terms listed. Alison Knoche Prosser is being appointed as a commissioner on the Human Rights Commission to fill the position vacated by Mary Feldman who resigned from the Human Rights Commission in March 2009. Ms. Knoche Prosser will serve the remainder of the term through December 31, 2011. Sam Flumerfelt is being appointed as a youth commissioner of the Parks & Recreation Advisory Commission. Youth terms are one year expiring on August 31. Mr. Flumerfelt will serve his term as a youth commissioner until August 31, 2010 Vacancies for Commissioners The City Clerk’s office continually recruits for interested individuals for our Boards & Commissions. Current openings for adult commissioners are for the Bassett Creek Watershed Management Commission, Community Education Advisory Commission and Human Rights Commission. Openings for youth commissioners are sought for our Human Rights Commission (two openings), Police Advisory Commission (one youth opening) and Telecommunications Advisory Commission (one youth opening). Meeting of August 17, 2009 (Item 5a) Page 2 Subject: Board and Commission Appointments FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Boards and Commissions support the Council’s Strategic Direction of being a connected and engaged community. Prepared by: Lisa Songle, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: August 17, 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 – Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Proposed Modification of the Elmwood Village Tax Increment Financing District; and, Approval of Special Legislation to Extend Elmwood Tax Increment Financing District. RECOMMENDED ACTION: Motion to continue the public hearing. Motion to adopt Resolution Approving 2009 Minnesota Laws, Chapter 88, Article 5, Section 19 Relating to a Tax Increment financing District in the City of St. Louis Park. POLICY CONSIDERATION: Does the City Council support the proposed seven year extension to the Elmwood Village TIF District as authorized by state statute? BACKGROUND: Earlier this year, special legislation was approved allowing the EDA to extend the Elmwood Village TIF District by seven years. This is in response to changed economic conditions that have slowed development in the district, which has reduced the amount of increment available to support public improvement projects in the district. The City Council must find that this extension is in the best interest of the city and adopt the resolution. The city, county, and school district must individually approve the extension and appropriate paperwork must be filed with the Minnesota Secretary of State for the extension to take effect. This public hearing and approval of the attached resolution is the first step in that process. After adoption by the City, staff will approach the county and school district to secure their approvals. The Redevelopment Plan and Elmwood TIF District will also need to be modified at a future meeting. These actions require a public hearing as well. Tonight’s public hearing should be continued to meet those requirements. FINANCIAL OR BUDGET CONSIDERATION: This extension will allow for sufficient revenue to complete public improvements contemplated in the existing TIF plan. VISION CONSIDERATION: Not applicable Attachments: Resolution Prepared by: Bruce DeJong, Finance Director Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy EDA Executive Director and Deputy City Manager Meeting of August 17, 2009 (Item No. 6a) Page 2 Subject: Public Hearing –Elmwood Village TIF Modification The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _______________, and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. RESOLUTION NO. 09-____ RESOLUTION APPROVING 2009 MINNESOTA LAWS, CHAPTER 88, ARTICLE 5, SECTION 19 RELATING TO A TAX INCREMENT FINANCING DISTRICT IN THE CITY OF ST. LOUIS PARK BE IT RESOLVED by the City Council of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: 1. It is hereby determined that: (a) 2009 Minnesota Laws, Chapter 88, Article 5, Section 19 (the “Special Law”) extended the duration of the Elmwood Tax Increment Financing District to twenty-two (22) years after receipt by the St. Louis Park Economic Development Authority of the first increment from the district; (b) the Special Law is effective upon approval by a majority vote of the City Council, a majority vote of the Hennepin County Board of Commissioners (the “County Board”), and a majority vote of the School Board of Independent School District No. 283 (the “School Board”), and filing a certificate with the Minnesota Secretary of State, all in accordance with Minnesota Statutes, Sections 469.1782 and 645.021, subd. 3; and (c) the City Council has determined that is in the best interest of the City and its residents to approve the Special Law. 2. The Special Law is hereby approved in all respects. 3. Upon receipt of certified copies of resolutions approving the Special Law by the County Board and the School Board, the City Clerk is authorized and directed to file with the Secretary of State such resolutions along with a certified copy of this resolution and the appropriate certificate in the form prescribed by the State attorney general. Meeting of August 17, 2009 (Item No. 6a) Page 3 Subject: Public Hearing –Elmwood Village TIF Modification 4. City staff are authorized and directed to take all actions necessary to implement the Special Law and bring before this Council further proceedings as necessary in order to implement the Special Law. Reviewed for Administration Adopted by the City Council August 17, 2009 City Manager Mayor Attest: City Clerk Meeting of August 17, 2009 (Item No. 6a) Page 4 Subject: Public Hearing –Elmwood Village TIF Modification STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ST. LOUIS PARK ) I, the undersigned, being the duly qualified and acting City Clerk of the City of St. Louis Park, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, ___________, 2009, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the approval of 2009 Minnesota Laws, Chapter 88, Article 5, Section 19. WITNESS My hand as City Clerk and the corporate seal of the City this ____ day of ________________, 2009. City Clerk City of St. Louis Park, Minnesota (SEAL)