HomeMy WebLinkAbout2009/10/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA
OCTOBER 5, 2009
7:00 p.m. SPECIAL STUDY SESSION MEETING – Westwood Room
Discussion Items
1. 7:00 p.m. Liquor License Applicant El Gordo Uno
Written Reports
2. Ribbon cutting – West End Art
3. City Council Bike Tour Details
4. Update on SWLRT
7:30 p.m. CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
None
3. Approval of Minutes
3a. City Council Minutes of September 8, 2009
3b. City Council Study Session Minutes of September 14, 2009
3c. City Council Special Study Session Minutes of September 21, 2009
3d. City Council Special Canvassing Meeting of September 21, 2009
3e. City Council Meeting of September 21, 2009
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member
of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the
Consent Calendar are listed on the last page of the Agenda.
Recommended Action:
Motion to approve the agenda as presented and to approve items on the consent calendar.
(Alternatively: Motion to add or remove items from the agenda, motion to move items from consent
calendar to regular agenda for discussion and to approve those items remaining on the consent calendar.)
Meeting of October 5, 2009
City Council Agenda
5. Boards and Commissions
5a. Reappointment of Citizen Representatives to Boards and Commissions
Recommended Action:
Motion to reappoint as commissioners Kristin Piper and Robert Malooly as citizen
representatives appointed by the City Council to the Community Education Advisory
Commission for new terms ending June 30, 2012.
6. Public Hearings
6a. Public Hearing - Liquor License --- Noodles & Company
Recommended Action:
Mayor to close public hearing. Motion to approve application from The Noodle Shop, Co.
--- Colorado Inc. doing business as Noodles & Company for an on-sale wine and 3.2 malt
liquor license to be located at 5326 16th Street W with the license term through March 1,
2010
6b. Public Hearing to Consider Ordinance Modifying 2010 Compensation of the Mayor and
City Councilmembers
Recommended Action:
Mayor to close public hearing. Motion to approve the first reading of the ordinance
modifying Mayor and City Councilmember 2010 compensation, and set second reading
for October 19, 2009
6c. Public Hearing on Sunset Ridge Condominium Association’s Housing Improvement Area
(HIA)
Recommended Action:
Mayor to close Public Hearing.
Motion to Adopt Resolution approving terms of financing arrangements for the Sunset
Ridge Condominium Association Housing Improvement Area pursuant to Minnesota
Statutes, Sections 428A.11 to 428A.21.
Motion to Adopt First Reading of an ordinance establishing the Sunset Ridge
Condominium Association Housing Improvement Area pursuant to Minnesota Statutes,
Sections 428A.11 to 428A.21 and to set Second Reading for October 19, 2009.
7. Requests, Petitions, and Communications from the Public
Meeting of October 5, 2009
City Council Agenda
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Excelsior Blvd Roadway Improvement and Streetscape Project Approvals - Project No.
2004-0420
Recommended Action:
Motion to Adopt Resolution approving project and entering into a Construction
Cooperative Agreement with Hennepin County for Excelsior Boulevard Roadway
Improvement and Streetscape Project, City Project No. 2004-0420, and authorizing the
Mayor and City Manager to execute the Agreement.
Motion to Adopt Resolution approving the donation of city owned parcels for right of way
and easement purposes to Hennepin County for the Excelsior Boulevard Roadway
Improvement and Streetscape Project, City Project No. 2004-0420.
8b. Urban Reforestation Program Policy
Recommended Action:
Staff recommends approving the Urban Reforestation Program and Policy using the land
sale proceeds to pay for the cost of implementing the program.
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 October 5, 2009
City Council Agenda
4. CONSENT CALENDAR
4a. Adopt Resolution to identify elected and appointed officials as ‘‘employees’’ for the purposes
of worker’s compensation coverage
4b. Approve an Encroachment Agreement at 1600 West End Boulevard for Temporary Private
Use of Public Land for outdoor dining
4c. Approve change orders to Contract 79-09 MSC Renovation Project No. 2008-1900
4d. Approve for Filing Vendor Claims
4e. Accept for Filing Telecommunications Advisory Commission Minutes May 7, 2009
4f. Accept for Filing Charter Commission Minutes March 11, 2009
4g. Accept for Filing Board of Zoning Appeals Minutes July 30, 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: October 5, 2009
Agenda Item #: 1
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Liquor License Application - El GordoUno, Inc.
RECOMMENDED ACTION:
No formal action required. Based on the unique findings of the background investigation on the
applicant, discussion is proposed to take place regarding the consideration of an application for an
on-sale intoxicating liquor license with Sunday sales for El GordoUno, Inc. dba El Gordo Mexican
Restaurant located at 8140 Highway 7.
POLICY CONSIDERATION:
Based on the unique background investigation findings of the applicant, does the council feel the
applicant meets all criteria necessary for approval of a liquor license?
BACKGROUND:
The City received an application from El GordoUno, Inc. for an on-sale intoxicating liquor license
with Sunday sales operating at 8140 Highway 7. The applicant previously withdrew his first
application in August 2008 based on police department concerns with the results of the background
investigation.
As stated in Resolution No. 00-003, it is the purpose and intent of the St. Louis Park City Council
to provide for the public health, safety, and welfare of city residents by providing a system at the
local level for criminal history background investigation of all applicants for certain licenses.
The applicant was informed that with the passing of time, and when the applicant felt it would be
appropriate, to apply again for reconsideration. On June 30, 2009 the City Clerk’s office received a
new application from the applicant, Baldomero Valenzo Alguizar.
The premise to be licensed consists of a small storefront approximately 900 square feet located in the
Knollwood Mall with seating for approximately 83 people. Mr. Alguizar is the sole officer and the
establishment has been in operation by Mr. Alguizar since January 2008 and is open for daily
business serving Mexican food.
History of Liquor Applicant:
May 2008 - first application received from Mr. Alguizar for a liquor license. From the findings of
the background investigation, the police department concerns included the applicant’s false
information regarding convictions and discrepancies in the applicant’s correct name.
June 2008 – Police Department and City Clerk staff met to discuss the liquor application; and the
City Attorney was consulted for application review.
Meeting of October 5, 2009 (Item No. 1) Page 2
Subject: Liquor License for El GordoUno
June 25, 2008 - Police Sergeant Garland and City Clerk met with applicant for additional
questioning and to discuss aspects of the police background investigation. Applicant indicated to
police that he no longer drinks alcohol and completed a brief state mandated rehabilitation following
his fourth DWI.
June 26, 2008 – Disposition of convictions in which the applicant plead guilty resulted in gross
misdemeanors for malicious punishment of a child and interference with a 911 call. The sentence
required the applicant to serve two weekends in jail and perform 15 hours of community service. In
addition, the applicant was previously convicted in 2000 for a gross misdemeanor of driving when
his license was cancelled (IPS) and 4 misdemeanors of driving under the influence (DUI) between
1996 and 2001.
July 17, 2008 – Police Chief John Luse recommended denial of this liquor applicant based on the
misleading approach to the application process and because the concerns could be collectively viewed
to question the “good moral character” of the applicant. With the passing of time, the applicant was
told he could apply again and to be candid and forthright in the application process.
August 2008 - Mr. Alguizar withdraw his application for a liquor license at 8140 Highway 7.
June 30, 2009 - The City Clerk’s office received application for an on-sale intoxicating liquor license
from Mr. Alguizar and submitted information to the police dept for a background investigation.
The findings from the police report are as follows:
• Applicant’s legal name appears to be in order since the initial application.
• Applicant’s driving history has remained the same with no new violations since January
2005.
• Applicant’s criminal history remained the same with no new arrests or charges since
December 2007.
August 2009 – City Attorney reviewed new application.
August 19, 2009 - Planning Commission approved a CUP to permit restaurant with liquor at 8140
Highway 7 in C-2 General Commercial District. Final council approval of CUP is contingent upon
the liquor license approval and must take place prior to November 12, 2009 to meet the 120 day
requirement.
November 2, 2009 – Public Hearing date for consideration of the on-sale intoxicating liquor license
with Sunday sales for El Gordo Uno, Inc. and final council approval of CUP
Meeting of October 5, 2009 (Item No. 1) Page 3
Subject: Liquor License for El GordoUno
Council Next Steps and Considerations
A. Council consideration of the liquor license application at the November 2 Public Hearing.
B. Council consideration to approve the liquor license with conditions.
C. If the Council does not approve the liquor license, Council must decide if there is enough
evidence to deny the liquor license based on the “moral character” of the applicant. Because the
applicant was convicted, the Council can weigh this factor in determining if the applicant is of
“good moral character”. MN Statutes 364.03 Sub. 2 states that if a conviction is more than one
year old, the lapse in time “may” be sufficient evidence of rehabilitation but it is not conclusive
evidence. If Council decides not to grant the license because of a conviction, then under MN
Statutes 364.05 the applicant must be notified of the following:
1. The grounds and reasons for the denial or disqualification.
2. The applicable complaint and grievance procedure as set forth in section MN Statutes
364.06.
3. The earliest date the person may reapply for a license; and
4. That all competent evidence of rehabilitation presented will be considered upon
reapplication.
The application and Police report are on file in the Office of the City Clerk should Council
members wish to review the information prior to the meeting.
FINANCIAL OR BUDGET CONSIDERATION:
The fees for new liquor licenses are found in Appendix A - Fee Schedule of the City Code. Fees for
this applicant include $1,000 of non-refundable new license investigation fee and $7,700 on-sale
license with Sunday sales fee (pro-rated).
VISION CONSIDERATION:
Not applicable.
Attachments: City and State Regulations
Prepared by: Nancy Stroth, City Clerk
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 1) Page 4
Subject: Liquor License for El GordoUno
City Code Chapter 3 – Alcoholic Beverages
Sec. 3-34 Violations.
(1) Providing false or misleading statements made on a license application or renewal application, or
failure to abide by the commitments, promises or representations made to the city council on a
license application.
Sec. 3-63 Execution of application
It shall be unlawful to make any false statement in an application.
Sec. 3-65. Investigations.
(a) At the time of making an initial application, renewal application, or request for approval for
a new manager, the applicant shall, in writing, authorize the city police department to investigate all
facts set out in the application and do a personal background and felony criminal record check on
the applicant and store manager. The applicant shall further authorize the police department to
release information received from such investigation to the city council.
(b) If the city council denies the applicant's request for a license due to the applicant's prior
conviction of a crime, the city council shall notify the applicant of the grounds and reasons for the
denial; the applicable complaint and grievance procedure as set forth in M.S.A. § 364.06; the earliest
date the applicant may reapply for a liquor license; and that all competent evidence of rehabilitation
will be considered upon reapplication.
Sec. 3-67. Information considered for license approval.
In determining whether a new or renewal license under this division shall be granted, the city
council shall consider the following in addition to conformity with state statutes and city ordinances:
(1) The investigative and staff report submitted by the police department and city clerk;
(2) Information received through the public hearing process;
(3) Whether the applicant has or will take affirmative action to minimize public safety
problems commonly associated with on-sale liquor establishments, including, but not
limited to, driving while intoxicated (DWI) drivers, illegal sale to minors, disturbing the
peace, etc.;
(4) The license application and any other relevant information.
Sec. 3-70. Ineligibility.
(a) No license under this division shall be issued to or held by any person who:
(3) Is not a citizen of the United States or a resident alien;
(5) Is not of good moral character and repute;
(7) Within five years of the license application, has been convicted of a felony or a willful
violation of a federal or state law or local ordinance governing the manufacture, sale,
distribution or possession for sale or distribution of an alcoholic beverage, and who cannot
show competent evidence under M.S.A. § 364.03 of sufficient rehabilitation and present
fitness to perform the duties of a licensee.
Meeting of October 5, 2009 (Item No. 1) Page 5
Subject: Liquor License for El GordoUno
Sec. 3-71. Conditions of approval.
At the time a license under this division is issued or a consumption and display permit is approved,
the city council may attach special conditions to the approval of such license or permit based upon
the nature of the business, the location of the business and verified complaints, if any, to protect the
health, safety, welfare and quietude of the city, and ensure harmony with the location where the
business is located. Violation of any of the conditions shall be grounds for revocation of the license.
From the League of MN Cities Handbook
8. Grounds for denying a license
The following are common examples of reasons that may be sufficient grounds for denying a license.
This list is not intended to be an exhaustive list of reasons. Before any of the following information is
used to deny a license, the city will need to make a finding of fact of the condition that exists and be
able to support that finding with evidence. When a city exercises discretion and acts in a quasi-judicial
manner when dealing with a license application, the courts will not overturn a city’s denial of a license
provided the city has a clear record supported by evidence justifying its actions. Failure to have a
finding of fact supported by evidence makes it easier for an unsuccessful applicant to claim his or her
due process rights were violated, and that the city acted arbitrarily and capriciously.
• The applicant does not comply with the prerequisites and conditions in the ordinance. The
prerequisites and conditions must be valid.
• The applicant is not of “good moral character,” and the license is for a profession or occupation
that affects the public health, safety, morals or general welfare. The ordinance does not need to
define “good moral character,” or phrases like “professional misconduct.” However, the city
cannot disqualify a person from a licensed occupation because of a prior conviction of a crime,
unless the crime directly relates to the occupation for which the person is seeking the license.
• Granting a license would be a menace to the safety, health, morals, and welfare of the public.
• There has been a material misrepresentation in the application.
Meeting Date: October 5, 2009
Agenda Item #: 2
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Ribbon Cutting – West End Art.
RECOMMENDED ACTION:
No action required. This report is intended to update the Council on the ribbon cutting for the
sculptural art located in the West End project to be held on October 12 at 6 p.m. in the plaza
outside of the Rainbow Foods grocery store.
POLICY CONSIDERATION:
None.
BACKGROUND:
This project is one of two art projects to be placed in the West End project. “The Bee Way” is a
sculptural plaza, located in the West End project, designed by Foster Willey, Jr. that consists of two
pre-cast concrete column sculptures, an artistic bench, and design related paving. The columns are
inset with a honeycomb pattern, a beehive barbeque, and terra cotta honeycomb tile made from a
community outreach program. At the top of columns are kinetic abstract sculpted elements that
represent the whirling flight of bees. These lyrical forms are fabricated from rolled 1-1/2” aluminum
tube stock and will spin on a central access when acted upon by the wind. A bee wing bench
compliments the columns. The bench consists of a pre-cast concrete seat and a laser cut steel bee
wing back. The elements of the plaza are connected by a honeycomb paving pattern based on the
hexagonal design in the pre-cast columns.
The second project is an interactive light display that will be placed in the atrium of the cinema
complex. We expect the ribbon cutting for this piece to be held in conjunction with the opening of
the movie cinema.
Both art projects followed a similar process that has been used for all of our public art projects. Jack
Becker from Forecast Public Artworks assisted in selecting the appropriate field of artists through a
Request for Proposal process. A panel made up of neighborhood representatives (Sharon Lyon and
Kristi Rudelius –Palmer), City commission members (Carl Robertson and George Hagemann), City
staff (Sean Walther, Kevin Locke, Rick Birno, and Cindy Walsh) and four staff members from Duke
Reality chose both artists. Foster Willey Jr. was selected because his proposal included two
sculptural pieces as well as a bench. The committee liked the fact that people visiting the site could
interact with the art.
Meeting of October 5, 2009 (Item No. 2) Page 2
Subject: Ribbon Cutting – West End Art
Foster Willey Jr. and committee members will be in attendance at the ribbon cutting. Council
members should meet on site at 6 p.m. on October 12 for the ribbon cutting. Box lunches will be
provided to the council members at the study session following the ceremony.
FINANCIAL OR BUDGET CONSIDERATION:
The Bee Way public art was paid for by Duke Realty Corporation. The total cost of the two
sculptures and bench was $90,000. The City of St. Louis Park staff coordinated the selection of the
artists and the design development of the art.
VISION CONSIDERATION:
The development of public art is part of the St. Louis Park Strategic Directions - St. Louis Park is
committed to promoting and integrating arts, culture, and community aesthetics in all City
initiatives, including implementation where appropriate.
Attachments: None
Prepared by: Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting Date: October 5, 2009
Agenda Item #: 3
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
City Council Bike Tour Details.
RECOMMENDED ACTION:
None.
POLICY CONSIDERATION:
None.
BACKGROUND:
Based on previous discussions with the City Council, a desire was expressed to undertake a bike tour
within St. Louis Park. City staff with the help of David Peterson, Bike Ambassador Program, will
lead this bike tour. We will visit a few important bike/walk corridors identified in the Sidewalks and
Trails Plan, and experience some of the joys and challenges of biking in St. Louis Park.
BIKE TOUR DETAILS:
Saturday, October 10, 2009
8:30 a.m. to 10:30 a.m. (perhaps 11:00 a.m. depending on the amount of conversation)
Tour starts and ends at City Hall
The route is 6 miles long.
Please RSVP to Senior Planner Sean Walther (952-924-2574 or swalther@stlouispark.org) by
Wednesday, October 7, 2009, including the following information:
** Has own helmet: (yes/no)
** Has own working bicycle: (yes/no)
We are inviting several people on the ride, but because this is a bike workshop, we intend to limit
attendance to 20 people to ensure the group’s safety. Invitees will include:
• City Council
• Council Candidates
• Planning Commission
• Parks and Recreation Advisory Commission
• Staff: City Manager Tom Harmening, Park & Recreation Director Cindy Walsh, Senior
Planner Sean Walther and Officer Mike Pollitz
• Bike Ambassadors David Peterson and Rebecca Gomez
Meeting of October 5, 2009 (Item No. 3) Page 2
Subject: City Council Bike Tour Details
A Working Bicycle means working brakes and inflated tires. It is very important to know if people
have helmets and working bicycles, so we can arrange for a small number of loaned bicycles and
helmets for those who need them.
Wear comfortable clothing - this is not a spandex ride! We will be bicycling at a very moderate pace
with frequent stops. Bottled water and a light snack will be provided.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
• St. Louis Park is a connected and engaged community.
• St. Louis Park is committed to being a leader in environmental stewardship. We will increase
environmental consciousness and responsibility in all areas of city business.
Attachments: Route Map
Prepared by: Sean Walther, Senior Planner
Reviewed by: Kevin Locke, Community Development Director
Cindy Walsh, Parks and Recreation Director
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 3) Page 3
Subject: City Council Bike Tour Details
Meeting Date: October 5, 2009
Agenda Item #: 4
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Update on SWLRT.
RECOMMENDED ACTION:
No action proposed at this time. The purpose of this agenda item is to update the City Council on
the SWLRT and ask if they want to add discussion of the SWLRT to the October 12th Study Session
agenda.
POLICY CONSIDERATION:
To consideration of need for SWLRT discussion at this time.
BACKGROUND:
The SWLRT Draft Environmental Impact Statement (DEIS) process is reaching the next step
toward selection of a Locally Preferred Alternative (LPA) route for LRT. September 10th the
Technical Advisory Committee (TAC) made up of staff from the participating agencies and
communities along the SW Transit Corridor, voted to accept the consultants (HDR)
recommendation the LRT route 3a be identified as the preliminary LPA. The TAC made its
recommendation contingent on identifying impacts, mitigation requirements and mitigation
funding to address the potential of rerouting freight rail which is expected to be necessary for the
LRT 3a route to be implemented. A copy of the TAC’s full recommendation is attached.
Since the TAC’s action, a public hearing attended by roughly 200 people has been held (9/17/09)
and a joint meeting the Policy Advisory Committee (PAC), Citizens Advisory Committee (CAC)
and TAC. The meeting provided an opportunity for dialogue between the three advisory
committees; and, specifically an opportunity for the PAC and CAC to ask questions and better
understand the TAC’s recommendation.
The next step in the process is for the PAC to consider and act on the consultant and the TAC’s
recommendations regarding a preferred LPA. The PAC’s action will be directed to the Hennepin
County Regional Rail Authority for its consideration. Jim Brimeyer is the City’s representative on
the PAC; Council Member Sanger is the alternate. The question for the City Council is whether
they wish to discuss the SWLRT issue prior to PAC meeting October 14th. If the City Council
wishes, SWLRT could be placed on the October 12th Study Session agenda. Jim Brimeyer is
available to meet that evening as well.
FINANCIAL OR BUDGET CONSIDERATION:
No new financial considerations at this time.
Meeting of October 5, 2009 (Item No. 4) Page 2
Subject: Update on SWLRT
VISION CONSIDERATION:
St. Louis Park is committed to being a connected and engaged community.
Attachments: TAC LPA Recommendation
Prepared by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 4)
Subject: Update on SWLRT Page 3
Meeting of October 5, 2009 (Item No. 4)
Subject: Update on SWLRT Page 4
Meeting Date: October 5, 2009
Agenda Item #: 3a
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 8, 2009
1. Call to Order
Mayor Jacobs called the meeting to order at 7:28 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul
Omodt, Loran Paprocki and Susan Sanger.
Councilmembers absent: None
Staff present: City Manager (Mr. Harmening), Finance Director (Mr. DeJong), Public Works
Director (Mike Rardin), City Engineer (Scott Brink), City Clerk (Nancy Stroth), Assistant Finance
Director (Brian Swanson) and Recording Secretary (Ms. Russo).
2. Presentations - None
3. Approval of Minutes
3a. City Council Special Study Session Minutes August 10, 2009
The minutes were approved as presented.
3b. City Council Minutes August 17, 2009
The minutes were approved as presented.
3c. City Council Study Session Minutes August 24, 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. Authorize execution of a contract with Calgon Carbon Corporation for the purchase
of Granular Activated Carbon in the amount of $122,400.00
4b. Approve Change Order No. 3 to Contract 138-08 - Water Project – Water
Treatment Plant No. 8 Rehabilitation - Project 2006-2000
Meeting of October 5, 2009 (Item No. 3a) Page 2
Subject: City Council Minutes September 8, 2009
4c. Approve Change Order No. 1 to Contract No. 99-09, 36th Street Streetscape Project
– Project 2008-2600
4d. Approve Change Order No. 1 to Contract 72-09 – 2009 MSA Street Improvement
Project (Alabama Avenue) – City Project No. 2009-1100
4e. Adopt Resolution No. 90-115, authorizing the special assessment for the repair of
the sewer service line at 8807 Cedar Lake Road, St. Louis Park, MN
4f. Approve Contract with Three Rivers Park District to clear and remove snow from
the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for the
2009-2010 Winter Season
4g. Adopt Resolution No. 09-116, adopting Change Order Policy to update the limit
to administratively process change orders from $25,000 to $100,000 with conditions
4h. Adopt Resolution No. 09-117, in Support of a Tiger Discretionary Grant Request
for Truck Highway 7/Louisiana Avenue Interchange Improvements
4i. Approve for Filing Vendor Claims
4j. Approve for Filing Human Rights Commission Minutes May 19, 2009
It was moved by Councilmember Finkelstein, seconded by Councilmember Basill, 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 7-0.
5. Boards and Commissions
5a. Reappointment of Citizen Representatives to Boards and Commissions
It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to
appoint Jim deLambert as Commissioner to Bassett Creek Watershed Management
Commission for the term ending January 31, 2011.
The motion passed 7-0.
It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to
appoint Justin Riss as Alternate Commissioner to Bassett Creek Watershed Management
Commission for the term ending January 31, 2011.
The motion passed 7-0.
Meeting of October 5, 2009 (Item No. 3a) Page 3
Subject: City Council Minutes September 8, 2009
6. Public Hearings
6a. Public Hearing – Liquor License – Crave
Ms. Stroth presented the staff report regarding the application received from Crave
Hospitality for on-sale intoxicating liquor and Sunday sales licenses. She stated the
establishment plans to begin operation during the third week in September 2009 at 1603
West End Boulevard located in the new West End Development. She noted Crave has two
other locations in Minnesota; Crave Galleria in Edina and Crave at the Mall of America in
Bloomington.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed
the public hearing.
It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve
application from Crave Hospitality WE LLC, dba Crave, for an on-sale intoxicating and
Sunday liquor license to be located at 1603 West End Boulevard with the license term
through March 1, 2010.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. 2010 Preliminary Budget and Tax Levy
Resolution Numbers 09-118 and 09-119
Mr. DeJong presented the staff report and reviewed background information, explaining that
by law the City Council must approve a preliminary tax levy and budget for 2010 and
submit the tax levy certification to Hennepin County by September 15. He stated City
Council has had numerous detailed budget discussions in June and August. He reviewed
issues that impact the budget as well as steps to address the budget gap. Staff is pursing
budget strategies such as 2010 wage freeze, staff reductions and changes, increased fees and
new fees, line item reductions and levy adjustment for operations. Mr. DeJong also reviewed
the Proposed Preliminary Budget, noting it is $500,000 less than in 2009. He explained the
Tax Levy Allocation, noting the levy increased by approximately three percent. He also
reviewed the Tax Impact Proposed Levy noting the increase in very minimal, even decreasing
in some instances.
Mr. DeJong reported the next steps to adopt the Preliminary Budget and Tax Levy as well as
ratify the HRA Levy. He stated additional study session meetings will be held on budget and
capital items through November. A Public Hearing on the proposed Budget and Tax Levy
will be held on December 7. The Council will consider adoption of the final Budget, Tax
Meeting of October 5, 2009 (Item No. 3a) Page 4
Subject: City Council Minutes September 8, 2009
Levy, HRA Levy, and Capital Improvement Plan on December 21. Mr. DeJong stated staff
is seeking community input on the budget process and programs, noting feedback could be
provided on the City website at www.stlouispark.org/budget.htm.
Councilmember Paprocki commented on the property taxes explaining they are distributed
not only to the City, but to the County and schools as well. He thanked City staff for their
tremendous job in creating a budget that is fiscally responsible.
It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to adopt
Resolution No. 09-118, approving Proposed 2010 Tax Levy, Preliminary Budget for 2010,
Setting Public Hearing Dates for Proposed Budget and Property Tax Levy, and Resolution
No. 09-119, authorizing the HRA Levy for 2010.
Mayor Jacobs noted this is a Preliminary Levy, which could decrease, but would not increase.
He stated City Council and staff will continue to look for ways to be responsible and cut
costs. He explained cutting costs and maintaining service is a difficult process and
encouraged public input on the City website.
Councilmember Sanger stated she has had numerous experiences with residents and their
creative ideas. She appreciates community input and encouraged the use of the website to
submit any ideas or concerns.
Councilmember Finkelstein asked for clarification regarding the motion and whether it
includes all of the following: to increase the General Tax Levy by $650,000 providing little
or no tax increase, authorizing the HRA Levy, holding a “Truth and Taxation” Public
Hearing on December 7, and adopting the Budget on December 21.
Mayor Jacobs replied that was correct, the motion does include all the items mentioned by
Councilmember Finkelstein.
The motion passed 7-0.
8b. Bid Tabulation: Highway 7 & Wooddale Avenue Improvement Project –
Project No. 2004-1700
Mr. Brink presented the staff report regarding the Highway 7 and Wooddale Avenue
improvement project. He stated bids were received on August 13, 2009, with a total of
seven bids received. Ames Construction was the lowest responsible bidder, a reputable
contractor who has successfully performed similar projects of this magnitude. He explained
all bid documentation required as part of the delegated contract process for federally funded
projects was submitted to Mn/DOT by Ames Construction. He stated Mn/DOT has
reviewed the documentation and cleared this project for award to Ames Construction.
Meeting of October 5, 2009 (Item No. 3a) Page 5
Subject: City Council Minutes September 8, 2009
Councilmember Sanger expressed her thanks for all of the hard work and asked about the
impact on driving and the estimated time the process may last.
Mr. Brink stated Highway 7 will be open at all times, but there may be times that the road
would have to be narrowed to one lane in each direction, noting at most times it will be two
lanes open in each direction. He stated the most congested area would occur at the
intersection of Wooddale Avenue and Highway 7, which will essentially be cut off at various
project stages. He explained traffic would be shifted to the north side of Wooddale as work
in October would start on the south side. He stated the work on the south side could
continue into the spring. He noted the work would continue through the winter with
weather dictating how much could get done. He explained the second stage would start in
the spring and traffic would then be flipped to the south side of Wooddale, with
construction to the north side. He stated the goal is to have full access to Wooddale Avenue
in the fall of 2010.
Mayor Jacobs asked where the detour would most likely be.
Mr. Brink replied the detour would most likely be on Mn/DOT roads (Highway 100) but
the designated detour has yet to be determined. He advised that local traffic would use
Louisiana Avenue and Highway 100.
Councilmember Basill complimented staff for the great work being done, noting this has
been a project well overdue. He stated he feels there is not a more important intersection in
the City to help get kids safely across the highway to their school. He asked that
communication continue with the school bus drivers, as well as keeping up with signage on
the traffic detours, stating he felt that would be appreciated. He expressed it will be a
difficult year, yet he feels the project is going to be wonderful for the community. He also
stated with the project coming in under budget, that he hoped everyone realized expenses
may need to be revised as items come up after construction starts.
It was moved by Councilmember Basill, seconded by Councilmember Sanger, to designate
Ames Construction the lowest responsible bidder and authorize execution of a contract with
the firm in the amount of $11,568,953.11 for the Highway 7 and Wooddale Avenue
Improvement Project – Project No. 2004-1700.
The motion passed 7-0.
Mayor Jacobs also thanked staff for all of their hard work on the project and stated the
upcoming construction will be worth it all once the work is completed.
Meeting of October 5, 2009 (Item No. 3a) Page 6
Subject: City Council Minutes September 8, 2009
9. Communications
Mayor Jacobs expressed his condolences to former Councilmember Jim Brimeyer who lost
his father last week. He and Council’s thoughts and prayers were extended to Jim and his
family during this difficult time. He also noted children are back at school and asked that all
drivers use caution as kids are walking to and from school.
10. Adjournment
The meeting adjourned at 7:59 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: October 5, 2009
Agenda Item #: 3b
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 14, 2009
The meeting convened at 6:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran
Paprocki and Sue Sanger.
Councilmembers absent: John Basill
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Finance Director (Mr.
DeJong), Community Development Director (Mr. Locke), Housing Supervisor (Ms. Schnitker),
Communications Coordinator (Mr. Zwilling) and Recording Secretary (Ms. Russo).
Guests: Susan Schneck, Friends of the Arts Board Representative
1. Future Study Session Agenda Planning – September 21, 2009 & September 29, 2009
Mr. Harmening presented the staff report regarding tentative agendas and proposed discussion items
for September 21, 2009 and September 29, 2009. He suggested a short meeting be held prior to
the next City Council meeting regarding changing the structure on penalties and fines for
“snowbirds.” He stated a change is possible, the Prosecuting Attorney will attend, and the process
will be reviewed. He stated Council will be asked at what level the fine should be set. He also
reported the ground breaking for Highway 7 and Wooddale is scheduled for September 29, 2009.
Mr. Harmening stated another agenda item to be discussed is a lodging tax and creating a CBV per
Council’s request.
2. Friends of the Arts Annual Report
Ms. Schneck, Friends of the Arts Board Representative, reviewed the programs they have worked on
over the past year and presented the annual report. She stated the organization has focused on three
key programs over the past few years, those being scholarships, arts and culture, and community
programs. Every quarter they accept applications for all types of music, dance, painting classes, etc.,
stating the real criteria of the organization comes down to the financial need. She reviewed
upcoming 2010 programs, including Our Town: 2010 Voices and Verses, Poet Laureate for SLP,
favorite poem project, site based poetry workshops, a community jam, Renga-creation and a youth
performance tour. She stated the intention is to fund these programs entirely through grants. She
noted Friends of the Arts is committed to bringing arts to St. Louis Park.
Mayor Jacobs asked how fundraising has been going this year.
Meeting of October 5, 2009 (Item No. 3b) Page 2
Subject: Study Session Minutes September 14, 2009
Ms. Schneck replied contributions are down a little; however, people who contribute to the arts
continue to do so. She explained campaigning would begin at the end of September, noting their
database is being updated to work properly.
Councilmember Paprocki expressed his concern regarding a Poet Laureate due to the diverse
community, stating a Poet Laureate could become a catalyst. He stated he is more in favor of the
poetry project, collecting poetry from all types of people.
Councilmember Finkelstein felt the organization was a great community asset.
Councilmember Sanger asked for clarification on what is “Renga.”
Ms. Schneck explained Renga is a form of Japanese poetry that puts together random things.
Councilmember Sanger asked what the ultimate goal of the Friends of Arts is.
Ms. Schneck replied the mission states to remain independent as a community organization
dedicated to supporting, enhancing and promoting the arts in St. Louis Park. She stated the Friends
of Arts connects people, organizations and resources supporting the arts through scholarships and
grants for participant activities. She added a goal on a programming level is to have community
events open to people of all ages.
Councilmember Sanger requested clarification, stating the Poet Laureate is not to be funded by the
City.
Ms. Schneck replied that was correct and asked if it was possible to have City approval in the press.
The City Council discussed the wording, such as the City “endorsing” the Poet Laureate, yet making
it clear that the City is not funding the program. The City Council also discussed public art in the
community having a function within the City. It was agreed to not determine what types of poetry
would be presented yet having a balance, noting the idea is to encourage the arts.
Mayor Jacobs stated he has faith in the organization to determine what types of art/poetry are to be
included in their programs, noting that thought provoking art/poetry and encouraging the
community is the purpose.
Councilmember Carver stated a concern is the title “Poet Laureate.” He reviewed the Wikipedia
definition of Poet Laureate defined as “A poet officially appointed by a government entity”.
It was the consensus of the City Council to not use the word “endorse” and for the Friends of the
Arts to create another title for the Poet Laureate.
Meeting of October 5, 2009 (Item No. 3b) Page 3
Subject: Study Session Minutes September 14, 2009
Ms. Schneck stated the organization appreciates the funding and support the City has shown to the
arts. She recognized there are funding concerns, yet explained the City’s funds enable the group to
obtain more funding.
Mayor Jacobs thanked the Friends of the Arts for their work.
3. Audit Services for 2009
Mr. DeJong presented the staff report regarding audit services for 2009. He asked for Council
direction on two options: to direct staff to negotiate an extension of the current audit services
contract with Abdo, Eick & Meyers, or direct staff to obtain proposals for audit services. He
reviewed background information, explaining engagements are typically for three-year periods with
three-year extensions. The contract had been approved in 2004.
The City Council discussed the pros and cons of the length in time an auditor should work for a
city, taking into consideration the time Abdo, Eick & Meyers has currently worked with St. Louis
Park as well as the amount of work that would be involved to change auditors. It was also discussed
how impressed the City has been with the auditor’s work, yet the importance of changing auditors
every five to seven years, which was noted as a standard.
It was the consensus of the City Council to direct staff to negotiate a one-year extension of the
current audit services contract with Abdo, Eick & Meyers, with a staff update to Council in 2010.
4. 2010 Budget – Housing Rehabilitation Fund and Development Fund Budget Review;
Franchise Fees, and Use of Budget Feedback
Mr. DeJong presented the staff report and 2010 budget for the Housing Rehabilitation Fund,
Development Fund, and Franchise Fees. Background information was reviewed as the Housing
Rehabilitation Fund focus on single-family homes, residential projects including improvements, and
enhancing homes. Economic Development covers larger corporate developments with retail and/or
office components. He noted both are necessary funds with different missions, assisting many
people in the community.
Mr. Harmening reviewed the programs that come from the Housing Rehabilitation Fund: the
Neighborhood Grant Program (approximately $35,000); the Arts and Culture Grant (approximately
$20,000); the Friends of the Arts fund ($20,000); the Community Outreach Fund; a General Fund;
and, a number of housing programs.
Councilmember Sanger asked what is the Targeted Neighborhood Program?
Ms. Schnitker explained that the Targeted Neighborhood Program is a number of comprehensive
programs developed to help neighborhoods. She stated they are currently looking at programs
available for neighborhoods that have a large number of residents with subprime mortgages who are
at risk of going into foreclosure.
Meeting of October 5, 2009 (Item No. 3b) Page 4
Subject: Study Session Minutes September 14, 2009
Councilmember Omodt referred to the amount of funding that went into Louisiana Court and
stressed that creative funding may need to be addressed. He also expressed that the City not fund
parking lots.
Councilmember Sanger stated she would prefer to see a reduction from the Housing Rehabilitation
Fund, not the Neighborhood Grant Program.
Mr. Harmening clarified that Council seems willing to consider reducing the arts focus in the grant
itself by approximately $4,000 for now, an amount which could be adjusted later.
Mr. Locke explained the Development Fund primarily pays for EDA activity, including staff time,
and is a limited annual fund for major redevelopments and special capital projects.
Mr. DeJong reviewed the staff report and provided background information on franchise fees. He
explained the City has some ability to increase the franchise fees both automatically with Xcel and
CenterPoint, noting the City is currently under the average fee for communities with existing
franchise fees.
The City Council discussed raising the franchise fees to the average cost, whether to raise the fee
once in a larger amount, or to increase the fee yearly at a smaller amount, being sensitive to the
residents.
It was the consensus of the City Council to direct staff to approach the utility companies, pursue a
fair and reasonable adjustment to the franchise fees, and bring back a report for Council review.
Mr. Zwilling presented an update on budget feedback. He stated the feedback tool is currently
promoted on the City’s cable TV channels, the website, and through cards distributed by staff. He
noted that to date, more than 60 responses have been received. He requested City Council direction
on how to proceed with the information gathered.
After discussion, it was the consensus of the City Council to direct staff to prepare a Budget
Feedback Summary Report for the Council’s review and discussion.
5. Policy Discussion Relative to EDA Redevelopment Contract Extensions
Mr. Locke presented the staff report and asked Council to discuss the need to further formalize a
policy or remedies related to required project commencement and completion dates within the
EDA’s redevelopment contracts.
Councilmember Carver indicated he is not in favor of a formal written policy as often times
conditions are not within one’s control.
Meeting of October 5, 2009 (Item No. 3b) Page 5
Subject: Study Session Minutes September 14, 2009
Councilmember Sanger expressed her belief in the need for the City to have a written policy
projecting development timelines and developer explanations before the City grants extension
requests.
Councilmember Finkelstein supported having developers come back before the City Council to
present an update on unfinished developments.
Councilmember Paprocki was concerned about not seeing an end to some developments and that
answers from developers was not forthcoming.
Mr. Locke stated most developers would be eager to come before the City Council with updates on
their projects. Difficult situations were also mentioned such as financial requirements being changed
or substantially higher for developers before the buildings are constructed and leasing requirements
of small businesses that prefer to see the building prior to leasing.
It was the consensus of the City Council to direct staff to prepare a regular update on unfinished
developments for Council’s review.
6. Update on Proposed Sunset Ridge Condominium Housing Improvement Area (HIA)
Mr. Locke presented an update on the proposed Sunset Ridge Condominium Housing
Improvement Area (HIA).
The City Council discussed financing the development with clarification on how a bond would be
addressed if a property is bought and sold prior to the bond being paid.
It was the consensus of the City Council to move forward on the Sunset Ridge Condominium
Housing Improvement Area.
7. Communications (verbal)
Mr. Harmening reported budget articles would be published in the newspaper this week. He
advised that the school board is requesting a discussion prior to the October 19, 2009 City Council
meeting on the Facilities Study and use of extra space available at the school. He explained the
school board is looking for feedback and an open dialogue with the City Council on what the usage
of the facility could be prior to the school board addressing the community.
The meeting adjourned at 8:31 p.m.
Meeting of October 5, 2009 (Item No. 3b) Page 6
Subject: Study Session Minutes September 14, 2009
Written Reports provided and documented for recording purposes only:
8. Wind Energy Regulations
9. Urban Reforestation Program Policy
10. Recycling Program Update
11. Green Shade Initiative
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: October 5, 2009
Agenda Item #: 3c
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 21, 2009
The meeting convened at 6:45 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki and Sue
Sanger.
Councilmembers absent: C. Paul Carver and Paul Omodt.
Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse,) Lieutenant (Mr.
Kraayenbrink), City Prosecutor (Andy Small) and Recording Secretary (Ms. Schmidt).
1. Snow Operations – Tagging and Towing Vehicles
Chief Luse presented the staff report, explaining that less than 5% of the tickets issued are repeat
offenders. Chief Luse introduced City Prosecutor Andy Small.
Mr. Small explained that parking citations range between $27 – $45, depending on the type, and
stated there are uniform amounts used countywide. He further explained that of a $42 fine, there is
an automatic $12 surcharge with the remaining amount ($30) divided between the city (receiving
80%) and the county (receiving 20%). Mr. Small stated District Court staff is not in favor of any
fee changes because of the disruption to uniformity; however, they stated the change could be made.
Chief Luse stated they could make inserts to attach to the citation that lists the fine amount.
Councilmember Finkelstein inquired about administratively prosecuting their own tickets, asking
Mr. Small if he represents any cities doing so.
Mr. Small stated he just represents St. Louis Park, but could look into what other cities are doing.
Mayor Jacobs felt printing costs may be a hassle as well and suggested they stay with the current
amount.
Councilmember Sanger asked if they could print different tickets.
Lieutenant Kraayenbrink stated they use a uniform citation for the county that has been set by the
state.
Chief Luse explained the administrative ticket process, stating it would not work for the city. He
suggested a Hearing Officer Program as an option.
Councilmember Finkelstein felt it wasn’t worth changing the amount.
Meeting of October 5, 2009 (Item No. 3c) Page 2
Subject: Special Study Session Minutes September 21, 2009
Councilmember Sanger asked if they could type a different amount on the citation.
Mr. Small stated they couldn’t legally alter the standard citation.
Councilmember Paprocki felt they should keep the fee as it is.
Councilmember Basill thanked staff for checking into the matter, further stating it didn’t make good
sense to change the process for the amount of work involved and suggested people be responsible
good neighbors, keeping good communication.
Councilmember Sanger asked if they could increase the amount for repeat offenders.
Mr. Small stated they could, but then again it would be problematic for District Court staff, as well
as requiring special ordinances being passed by Council.
It was the consensus of the City Council to stay with the current fine amount.
The meeting adjourned at 7:05 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: October 5, 2009
Agenda Item #: 3d
UNOFFICIAL MINUTES
SPECIAL CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 21, 2009
1. Call to Order
Mayor Jacobs called the meeting to order at 7:20 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki and Susan
Sanger.
Councilmembers absent: C. Paul Carver and Paul Omodt.
Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse), City Clerk (Ms. Stroth) and
Recording Secretary (Ms. Schmidt).
2. Resolutions, Ordinances, Motions and Discussion Items
2a. Canvass Results of the Municipal Primary Election
Resolution No. 09-120
Ms. Stroth explained the Canvassing Election Return process.
It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, to adopt
Resolution No. 09-120 Canvassing Election Returns of St. Louis Park Municipal Primary
Election held September 15, 2009.
The motion passed 5-0.
3. Adjournment
It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adjourn the
Special City Council Meeting.
The motion passed 5-0.
The meeting adjourned at 7:25 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: October 5, 2009
Agenda Item #: 3e
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 21, 2009
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki and
Susan Sanger.
Councilmembers absent: C. Paul Carver and Paul Omodt.
Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse), Environmental
Coordinator (Mr. Vaughan) and Recording Secretary (Ms. Schmidt).
Others present: Hennepin County District Attorney (Mr. Freeman).
2. Presentations
2a. Evergreen Awards
Mr. Vaughan explained the Evergreen Award process, stating there were 11 nominations,
with three winners who were judged on their unique design, visibility, creativeness, and
being well maintained.
Mayor Jacobs presented Diane Town-Linder of 4221 Utica Avenue South; Karen Parker of
2233 Jersey Avenue South; and, business owner Todd Striker, Fourscore Resource Capital,
LLC, 7900 Highway 7, with award certificates and Dwarf Alberta Spruce trees, thanking
them for their wonderful contributions. Mayor Jacobs also thanked staff and all the
volunteers for their involvement.
2b. Hennepin County District Attorney Mike Freeman
Mayor Jacobs welcomed Hennepin County District Attorney Freeman.
Mr. Freeman gave his “green” crime report, updating Council on current mortgage fraud,
education for success programs and crime trends in Hennepin County, as well as Quality of
Life Crimes, Crime at School, and the NorthStar Diversion Programs. He further stated he
was happy to report that adult crimes, property crimes, and juvenile crimes have gone down
in St. Louis Park.
Meeting of October 5, 2009 (Item No. 3e) Page 2
Subject: City Council Minutes September 21, 2009
Mayor Jacobs thanked Mr. Freeman for his report and extended a special thank you to the
police department for its hard work.
3. Approval of Minutes - None
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
4a. Adopt Resolution No. 09-121, Authorizing Execution of a Renewed Lease with the
State of Minnesota Department of Transportation (Mn/DOT) for Webster Park.
4b. Approve the Active Living Hennepin Communities Contract with Hennepin
County
4c. Adopt Resolution No. 09-122, Supporting a Request for Livable Communities
Demonstration Account (LCDA) Grant Extension from the Metropolitan Council.
4d. Designate Valley Paving, Inc. the lowest responsible bidder and authorize execution
of a contract with the firm in the amount of $108,825.75 for the 2009 MSA Street
Improvement Project – Project No. 2008-1101.
4e. Adopt Resolution No. 09-123, Approving Acceptance of Donations from
Minnesota Rural Partners, Inc. in the amounts of $500, $300, and $300 for Parks
and Recreation and Community Development Projects (Beautify the Park Program,
the Lilac Drive/Beehive Project, and the 36th Street Pedestrian Improvements
respectively).
4f. Approve for filing Vendor Claims.
4g. Approve for filing Housing Authority Minutes June 10, 2009
It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, to
approve the Agenda as presented and items listed on the Consent Calendar; and to waive
reading of all resolutions and ordinances.
The motion passed 5-0.
5. Boards and Commissions – None
6. Public Hearings – None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items – None
Meeting of October 5, 2009 (Item No. 3e) Page 3
Subject: City Council Minutes September 21, 2009
9. Communications
Mayor Jacobs noted that the next study session is Tuesday, September 28th in conjunction
with the new bridge groundbreaking at Wooddale and Highway 7.
Mayor Jacobs reminded the community of the Belgian Waffle dinner on Friday, September
25, from 4:30 to 7:00 p.m. at the Lenox Community Center.
10. Adjournment
The meeting adjourned at 7:58 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: October 5, 2009
Agenda Item #: 4a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Worker’s Compensation Coverage for Elected and Appointed Officials.
RECOMMENDED ACTION:
Motion to Adopt Resolution to identify elected and appointed officials as “employees” for the
purposes of worker’s compensation coverage.
POLICY CONSIDERATION:
None.
BACKGROUND:
The worker’s compensation statutes provide benefits to an “employee” who is injured while working.
M.S. 176.011, subd. 9, (6) provides that “municipal officers elected or appointed for a regular term
of office” are considered to be “employees” for worker’s compensation purposes only if the city has
passed an ordinance or resolution to that effect. An elected or appointed official that is injured while
performing his or her duties would not be eligible for worker’s compensation benefits unless the City
had passed the aforementioned resolution.
The City does have extended worker’s compensation coverage through the League of MN Cities
Insurance Trust (LMCIT). However, the LMCIT does not have a copy of the City’s resolution
extending the coverage to the City Council and other officials. The LMCIT has recommended that
the City pass a resolution for the purpose of clarifying the worker’s compensation coverage.
FINANCIAL OR BUDGET CONSIDERATION:
Funds for worker’s compensation coverage for elected officials are included in the 2010 budget.
VISION CONSIDERATION:
None.
Attachments: Resolution
Prepared by: Ali Fosse, HR Coordinator
Reviewed by: Nancy Gohman, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 4a) Page 2
Subject: Worker’s Compensation for Elected Officials
RESOLUTION NO. 09-___
RESOLUTION OF THE
CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA,
IDENTIFYING ELECTED AND APPOINTED OFFICIALS AS “EMPLOYEES” FOR
THE PURPOSES OF WORKER’S COMPENSATION COVERAGE
WHEREAS, pursuant to Minnesota Statutes 176.011, Subdivision 9, Clause 6, municipal
officers elected or appointed for a regular term of office can be considered as employees for worker’s
compensation purposes only if the Council has passed a resolution to that effect;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park,
Minnesota, by this resolution and public record, identifies municipal officers elected or appointed
for a regular term of office as employees for worker’s compensation coverage in accordance with
M.S. 176.011, Subd 9, Clause 6.
Reviewed for Administration: Adopted by the City Council October 5, 2009
City Manager Mayor
Attest:
City Clerk
Meeting Date: October 5, 2009
Agenda Item #: 4b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
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 outdoor dining.
POLICY CONSIDERATION:
Does the proposed outdoor dining area comply with the Temporary Private Use of Public Land
Policy?
BACKGROUND:
AD West End LLC owns The Shops at West End. Crave restaurant is a signed tenant within the
shopping center. The tenant proposes to use a portion of the pubic right-of-way at the southeast
corner of West End Boulevard and 16th Street for outdoor dining. AD West END has applied for
an encroachment agreement to accommodate the tenant’s plan.
The outdoor dining plan (see attached map) shows 77 seats outside. Approximately six of the 77
seats would be within the 16th Street right-of-way. Any other improvements related to the outdoor
dining area (i.e. planters, stanchions with heavy velvet rope, wind breaks, heaters, artwork or
statuary, et cetera) must be temporary in nature, and the City is not responsible for any damages to
such items resulting from them being within the right-of-way. The plan provides at least six feet of
clearance along 16th Street and along West End Boulevard for pedestrians to pass by.
Staff finds the request is consistent with the City policy for Temporary Private Use of Public land.
Crave is eligible for an encroachment agreement. Outdoor dining is a use anticipated by the policy
and in the West End PUD. The proposed outdoor dining plan does not unduly impede any public
use of the property, and A.D. West End LLC is responsible for maintenance of all sidewalks (public
and private) in the West End PUD.
FINANCIAL OR BUDGET CONSIDERATION:
The costs of executing this agreement will be covered by the application fee paid by the applicant.
VISION CONSIDERATION:
The proposed outdoor seating plan contributes to a dynamic, vibrant and active street life at The
Shops at West End and can increase the use of this gathering place.
Meeting of October 5, 2009 (Item No. 4b) Page 2
Subject: Encroachment Agreement at 1600 West End Boulevard
Attachments: Draft Encroachment Agreement
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: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 4b) Page 3
Subject: Encroachment Agreement at 1600 West End Boulevard
(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 allow its tenant at 1603 West End Boulevard to seasonally place and maintain
temporary improvements for an outdoor dining area, including items such as tables, chairs, and related
appurtenances (the “Temporary Improvements”). Such Temporary Improvements will encroach upon
the City's drainage and utility easement and right-of-way for 16th Street West (the “City Property”).
The Owner has requested that it be permitted to place the Temporary Improvements on the City
Property from March 15 to November 30 annually.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment onto the City Property for the Temporary Improvements as shown on “Exhibit B” and
further described on “Exhibit C”, with such encroachment to be permitted between March 15 and
November 30 annually.
Meeting of October 5, 2009 (Item No. 4b) Page 4
Subject: Encroachment Agreement at 1600 West End Boulevard
3. LIMITATION ON USE OF TEMPORARY IMPROVEMENTS. The
Temporary Improvements shall be used solely for the purpose of an outdoor dining area operated as
part of the adjoining restaurant on the Subject Property. The use of the Temporary Improvements will
be reasonably modified by Owner from time to time as requested by the City Engineer and Zoning
Administrator. The use must comply with all licensing and other general requirements of the City
Code, all applicable conditions of PUD approval and must at all times maintain a clear public walkway
that is at least six feet wide along 16th Street West.
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 or the free flow of pedestrian traffic, 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
Meeting of October 5, 2009 (Item No. 4b) Page 5
Subject: Encroachment Agreement at 1600 West End Boulevard
Owner’s expense, and dispose of the Temporary Improvements as the City deems appropriate in its sole
discretion.
6. ANNUAL TERMINATION OF AGREEMENT. Notwithstanding the provisions
of Paragraph 5 herein, the City may terminate this Agreement without cause on December 31 of any
calendar year by giving Owner written notice by November 30 of that year.
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
Meeting of October 5, 2009 (Item No. 4b) Page 6
Subject: Encroachment Agreement at 1600 West End Boulevard
OWNER
AD WEST END LLC
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.
____________________________________
NOTARY PUBLIC
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _______ day of ______________,
2009, by , the
_____________________________________ of AD WEST END LLC, an Indiana limited liability
company, on behalf of said company.
____________________________________
NOTARY PUBLIC
Meeting of October 5, 2009 (Item No. 4b) Page 7
Subject: Encroachment Agreement at 1600 West End Boulevard
EXHIBIT “A”
TO
ENCROACHMENT AGREEMENT
Legal Description of Subject Property
Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota.
Meeting of October 5, 2009 (Item No. 4b) Page 8
Subject: Encroachment Agreement at 1600 West End Boulevard
EXHIBIT “B”
TO
ENCROACHMENT AGREEMENT
Meeting of October 5, 2009 (Item No. 4b) Page 9
Subject: Encroachment Agreement at 1600 West End Boulevard
EXHIBIT “C”
TO
ENCROACHMENT AGREEMENT
Crave
1603 West End Blvd
Temporary Improvements – Per Exhibit “B”
(Within the City ROW – Part of the Overall Improvements)
Qty. Description
9 Movable Round Patio Planter
3 Movable Patio Tables
4 Movable Rectangular Patio Planter
6 Movable Patio Chairs
Meeting Date: October 5, 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:
Change Orders to City Contract 79-09, St. Louis Park Municipal Service Center (MSC) Renovation
Project No. 2008-1900.
RECOMMENDED ACTION:
Motion to approve change orders to Contract 79-09 MSC Renovation Project No. 2008-1900.
POLICY CONSIDERATION:
Does the City Council wish approved the change orders as presented?
BACKGROUND:
On July 6, 2009, the City Council awarded the contract for the MSC Renovation Project to
Jorgenson Construction Inc. in the amount of $8,164,000.
The architect was directed to work with the contractor and staff to further value engineer the project
and still meet the design objectives. The result is Change Order No. 1, which covers 22 separate
items for a total contract cost reduction of $335,427. Major items are listed below:
• Delete mezzanine storage space in Bay 1
• Maintain current location and expand Carpenter Shop
• Eliminate automatic back-up electrical generator and enclosure
• Revising the number and location of various workrooms within the bays
• Reuse of existing electrical panels and switch gear
• Revised lighting package for the bays using alternate manufacturer
• Modify office area glass wall system
• Eliminate decorative trellis from the exterior of the building
• Eliminate duct cleaning
Many of the other change order items not listed above include minor changes to the specifications in
the mechanical and electrical designs. These items do not affect the energy efficiency of the building.
Proposal Request #1 and reduction of the architects’ fee by $100,000 results in an overall project
cost reduction of $435,427.
This report also covers 11 change order requests that are routine and 2 that involve special
conditions. Proposal Request (PR) #6 noted below is for replacement of the existing concrete block
wall and soil corrections on the south side of Bay #3 after it was discovered that the soils supporting
the wall will not support the addition and roof loads as the plan specifies. The original building wall
Meeting of October 5, 2009 (Item No. 4c) Page 2
Subject: Change Orders to Contract 79-09 MSC Renovation Project No. 2008-1900
was incorrectly constructed on clay soil. While no indication of a wall failure was observed by the
structural engineer during design, adding more load have would resulted in future failures. The cost
of this correction is $81,550. General Contractor Proposal Request (GCPR) #1 covers the first of
the soil correction problems including excavation and disposal of petro-impacted soil removed from
the Salt Storage Building footings. It should be noted that Proposal Requests (PR) are from either
the City or Architect and the General Contractor Pay Requests (GCPR) are by Jorgenson
Construction Inc. Listed below are the Change Orders:
Proposal Requests by City or Architect
PR #1 Value Engineered Cost
Reductions
(335,427)
PR #2 Header Opening Changed 2,002
PR #3 Changes to Exterior Insulated
Metal Panel Systems
2,829
PR #6 Soil Correction and
Replacement of Block Wall,
South Side of Bay #3
81,550
Proposal Requests by General Contractor
GCPR#1 Salt Building Soil Correction
and Disposal
118,251
GCPR#3 Removal of Old Buried Scale
Foundation
7,114
GCPR#4 Add Step Footing in Electrical
Room
796
GCPR#7 Pot Holing Costs for Soil
Testing
1,375
GCPR#10 Relocate Fiber Optic and
Phone Lines
1,833
GCPR#11 Relocate Xcel Line 2,750
GCPR#12 Removal of Oversize Footing
Discovered Under Existing Salt
Storage Building
8,129
GCPR#13 Relocate Fiber Cable 1,615
GCPR#14 Manhole Removal 110
Meeting of October 5, 2009 (Item No. 4c) Page 3
Subject: Change Orders to Contract 79-09 MSC Renovation Project No. 2008-1900
FINANCIAL OR BUDGET CONSIDERATION:
Estimated Contract Cost
The work to be performed by the Contractor under Contract 79-09 is now estimated as follows:
Original Contract $8,164,000
Change Order PR#1 (335,427)
Change Orders PR # 3, 4 &6 86,381
Change Orders GCPR #1, 3, 4, 7 and 10 -14 141,973
Total $8,056,927
The MSC Renovation Project is budgeted at $9.5 million overall.
Contract Terms
All other terms of the Contract will remain the same.
VISION CONSIDERATION:
This project is consistent with the City Council’s Strategic Direction related to environmental
stewardship.
Attachments: None
Prepared by: John Altepeter, Facilities Superintendent
Reviewed by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
Meeting Date: October 5, 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:
Vendor Claims.
RECOMMENDED ACTION:
Motion to Accept for filing Vendor Claims for the period September 19 through October 2, 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
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
1Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
1,118.71OPERATIONSFIRE EQUIPMENTA-1 OUTDOOR POWER INC
69.42PARK MAINTENANCE G & A GENERAL SUPPLIES
1,188.13
53.58STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEAAA LAMBERTS LANDSCAPE PRODUCT
53.58
494.36WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESABLE HOSE & RUBBER INC
494.36
153.45PARK AND RECREATION BALANCE SH INVENTORYABM EQUIPMENT & SUPPLY INC
153.45
8,300.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE
8,300.00
9,905.40PARK AND RECREATION BALANCE SH INVENTORYACTION FLEET INC
9,905.40
8,421.74PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESAIM ELECTRONICS
8,421.74
769.00BOILER MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC
769.00
948.06SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP
296,428.73CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI
297,376.79
40.00OPERATIONSGENERAL PROFESSIONAL SERVICESAMERICAN TEST CENTER INC
40.00
142.24PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER
89.84PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
50.08ENTERPRISE G & A GENERAL SUPPLIES
88.86VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
125.02WATER UTILITY G&A OPERATIONAL SUPPLIES
125.01SEWER UTILITY G&A OPERATIONAL SUPPLIES
621.05
21.53-IT G & A BANK CHARGES/CREDIT CD FEESANCHOR PAPER CO
1,150.24PRINTING/REPRO SERVICES OFFICE SUPPLIES
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 2
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
2Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
1,128.71
855.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATANDERSON, SCOTT
855.00
1,500.00ESCROWSPMC ESCROWANDREW, MARK
1,500.00
253.35NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESAQUILA NEIGHBORHOOD ASSN
253.35
1,000.002008A UTIL REV BOND PROJECT RENTAL BUILDINGSARCA MINNESOTA INC
1,000.00
6,920.00ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICESASPEN LAWN SERVICE/SIPE'S ENTE
6,920.00
330.26OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS
330.26
200.00POLICE G & A TRAININGASSOC OF TRAINING OFFICERS
200.00
32.02COMMUNICATIONS/GV REIMBURSEABL TELEPHONEAT&T
32.02
94,627.64CABLE TV G & A OFFICE EQUIPMENTAVI SYSTEMS INC
94,627.64
9,507.52OFFICE EQUIPMENT IMPROVEMENTS OTHER THAN BUILDIB&M HAZELWOOD MASONRY INC
9,507.52
1,618.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESBADGER METER INC
1,618.00
1,702.50ENGINEERING G & A ENGINEERING SERVICESBARR ENGINEERING CO
1,702.50
615.56WATER UTILITY G&A GENERAL SUPPLIESBATTERIES PLUS
615.56
3,476.00ENGINEERING G & A ENGINEERING SERVICESBOLTON & MENK INC
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 3
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
3Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
3,476.00
3,552.00CE MATERIALS TESTING IMPROVEMENTS OTHER THAN BUILDIBRAUN INTERTEC CORPORATION
3,552.00
259.20ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTATBRINK, SCOTT
259.20
1,631.41PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESBRYAN ROCK PRODUCTS INC
1,631.41
45.00SOFTBALLPROGRAM REVENUEBUSSMAN, RYAN
45.00
741.00OPERATIONSRADIO COMMUNICATIONSCALHOUN TOWERS APTS
741.00
7,985.61ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC
1,087.75SOLID WASTE G&A LEGAL SERVICES
9,073.36
192.00OPERATIONSOPERATIONAL SUPPLIESCARDIAC SCIENCE INC
192.00
200.00EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ BENEFITS & INSURANCE SERV
200.00
4,761.11DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC
4,761.11
11,927.79DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT
2,760.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICES
56,209.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES
70,896.79
20.66GO BONDS-FIRE STATIONS G&A HEATING GASCENTERPOINT ENERGY
20.66
122.91FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN
12,465.57ENTERPRISE G & A HEATING GAS
12,588.48
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 4
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
4Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
859.55PRINTING/REPRO SERVICES OFFICE SUPPLIESCENTRAL ENVELOPE CORPORATION
859.55
300.00BASKETBALLOTHER CONTRACTUAL SERVICESCHERICO, MATTHEW
300.00
69.11WATER UTILITY G&A OPERATIONAL SUPPLIESCINTAS FIRST AID & SAFETY
69.11
36.11ADMINISTRATION G & A OFFICE SUPPLIESCITIZENS INDEPENDENT BANK
47.17ADMINISTRATION G & A GENERAL SUPPLIES
151.03ADMINISTRATION G & A MEETING EXPENSE
40.67HUMAN RESOURCES OFFICE SUPPLIES
258.62HUMAN RESOURCES RECOGNITION
6.36-HUMAN RESOURCES CITE
31.76DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES
87.12ASSESSING BUDGET POSTAGE
327.00ASSESSING G & A TRAINING
510.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT
120.00COMM DEV PLANNING G & A TRAINING
8.00COMM DEV PLANNING G & A MEETING EXPENSE
60.95POLICE G & A OPERATIONAL SUPPLIES
71.06POLICE G & A POLICE EQUIPMENT
23.76POLICE G & A POSTAGE
7.53OPERATIONSOFFICE SUPPLIES
179.25OPERATIONSGENERAL SUPPLIES
658.55OPERATIONSTRAINING
632.83INSPECTIONS G & A GENERAL SUPPLIES
200.00INSPECTIONS G & A TRAINING
64.36PUBLIC WORKS G & A OFFICE SUPPLIES
190.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT
64.60ORGANIZED REC G & A GENERAL SUPPLIES
99.95PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
14.97PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES
20.89ENVIRONMENTAL G & A OTHER IMPROVEMENT SUPPLIES
156.81WESTWOOD G & A GENERAL SUPPLIES
15.93WESTWOOD G & A SMALL TOOLS
500.00VEHICLE MAINTENANCE G&A SEMINARS/CONFERENCES/PRESENTAT
3.20CABLE TV G & A GENERAL SUPPLIES
1,206.62CABLE TV G & A OFFICE EQUIPMENT
322.26TV PRODUCTION GENERAL SUPPLIES
1,623.45TV PRODUCTION NON-CAPITAL EQUIPMENT
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 5
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
5Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
72.71-TECHNOLOGY REPLACEMENT B/S DUE TO OTHER GOVTS
81.39DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT
1,048.89APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT
8,785.66
159.95NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST
159.95
1,182.67CE MATERIALS TESTING IMPROVEMENTS OTHER THAN BUILDICOMMISSIONER OF TRANSPORTATION
1,182.67
9,112.09EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S
9,112.09
39.39ROUTINE MAINTENANCE SMALL TOOLSCONSTRUCTION MATERIALS
39.39
395.88POLICE G & A OPERATIONAL SUPPLIESCREATIVE PRODUCT SOURCING INC
690.56DARE PROGRAM OPERATIONAL SUPPLIES
1,086.44
7.99ADMINISTRATION G & A GENERAL SUPPLIESCROWN STAMP & ENGRAVING CO
7.99
144.39POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS
144.39
100.00SOFTBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM
100.00
2,523.00WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP
2,523.00
55.68PARK AND RECREATION BALANCE SH INVENTORYDAVIS EQUIPMENT CORP
55.68
385.00BUILDING MAINTENANCE BUILDING MTCE SERVICEDJ ELECTRIC SERVICES INC
6,702.02PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
7,087.02
2,571.68POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC
2,571.68
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 6
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
6Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
240.00SOCCER/FOOTBALL FIELDS RENT REVENUEDRIESSEN, JERRY
240.00
272.00ELECTRICAL SYSTEM MTCE ELECTRIC SERVICEDYMANYK ELECTRIC INC
272.00
294.33PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDYNAMIC FASTENER
294.33
2,232.50SUNSET RIDGE OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC
2,232.50
70.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEELECTRIC MOTOR REPAIR
70.00
1,759.26PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICEEMERGENCY APPARATUS MTNCE
1,759.26
455.92TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEEMERY'S TREE SERVICE INC
455.92
98.00YOUTH PROGRAMS PROGRAM REVENUEENRIGHT, LYNDA
98.00
1,394.72SEWER UTILITY G&A OTHERESS BROTHERS & SONS INC
1,394.72
34,110.54SOLID WASTE COLLECTIONS RECYCLING SERVICEEUREKA RECYCLING
34,110.54
39.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTATEXCELSIOR, CITY OF
78.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT
117.00
63.00PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO
63.00
23.83PARK AND RECREATION BALANCE SH INVENTORYFASTENAL COMPANY
236.21WATER UTILITY G&A EQUIPMENT PARTS
260.04
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 7
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
7Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
901.25WATER UTILITY G&A OTHER CONTRACTUAL SERVICESFEDEX
901.25
1,859.92OPERATIONSOPERATIONAL SUPPLIESFIRE EQUIPMENT SPECIALTIES INC
1,859.92
118.70WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESFLOYD TOTAL SECURITY
118.70
106.00INSPECTIONS G & A BUILDINGFUENTES, ROGER
106.00
138.91GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESGRAFFITI SOLUTIONS INC
138.91
101.63PARK AND RECREATION BALANCE SH INVENTORYGRAFIX SHOPPE
101.63
125.79GENERAL BUILDING MAINTENANCE SMALL TOOLSGRAINGER INC, WW
139.47WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
265.26
9,125.30WIRING REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR
9,125.30
523.70WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS
523.70
600.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICESGREEN, HOWARD R COMPANY
600.00
100.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE
100.00
524.37STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHANSON PIPE & PRECAST INC
524.37
58,223.26PARK AND RECREATION BALANCE SH INVENTORYHARTLAND FUEL PRODUCTS LLC
58,223.26
14,599.08WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC
14,599.08
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 8
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
8Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
60.39-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSHCI CHEMTEC INC
938.79PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES
878.40
300.00SOFTBALLOTHER CONTRACTUAL SERVICESHENDERSON, TRACY
300.00
472.11NETWORK SUPPORT SERVICES COMPUTER SERVICESHENNEPIN COUNTY INFO TECH
472.11
3,038.18SYSTEM REPAIR OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY PUBLIC WORKS D
3,038.18
692.47EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSHENNEPIN COUNTY SHERIFF
692.47
25.00HUMAN RESOURCES TRAININGHENNEPIN COUNTY TREASURER
2,454.50POLICE G & A SUBSISTENCE SERVICE
180.71SYSTEM REPAIR OTHER CONTRACTUAL SERVICES
2,660.21
196.00YOUTH PROGRAMS PROGRAM REVENUEHERBERT, JULIANNE
196.00
125.00WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESHIGHVIEW PLUMBING INC
125.00
103.98PARK MAINTENANCE G & A GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES
103.98
400.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY
675.00SOFTBALLOTHER CONTRACTUAL SERVICES
1,075.00
100.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA
100.00
100.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE
200.00SOFTBALLOTHER CONTRACTUAL SERVICES
300.00
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 9
9/30/2009CITY OF ST LOUIS PARK 10:12:38R55CKSUM LOG23000VO
9Page -Council Check Summary
10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
19.96WATER UTILITY G&A GENERAL CUSTOMERSHURLEY, DANIEL
19.96
55,620.00CABLE TV G & A MACHINERY & AUTO EQUIPMENTI-STATE TRUCK CENTER
55,620.00
1,576.35EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49
1,576.35
54.71PRINTING/REPRO SERVICES EQUIPMENT MTCE SERVICEIKON OFFICE SOLUTIONS
54.71
591.45WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESINDELCO
23.98STORM WATER UTILITY G&A EQUIPMENT PARTS
615.43
433.92PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESINDEPENDENT BLACK DIRT CO
433.92
3,000.00RIGHT-OF-WAY IMPROVEMENTS OTHER THAN BUILDIINDEPENDENT SCHOOL DISTRICT #2
3,000.00
4,564.54FACILITY OPERATIONS TELEPHONEINTEGRA TELECOM
4,564.54
98.00YOUTH PROGRAMS PROGRAM REVENUEJENNISSEN, CARRIE
98.00
2,500.00ESCROWSBROOKSIDE TRAFFIC STUDYJK CARPENTRY LLC
2,500.00
64.33WESTWOOD G & A GENERAL SUPPLIESJOHNSON, ROGER
64.33
310.00KICKBALLOTHER CONTRACTUAL SERVICESJOHNSON, SUSAN
310.00
311.22PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY
311.22
8,120.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESJUST-RITE CONSTRUCTION INC
7,950.00WATER UTILITY G&A BUILDING MTCE SERVICE
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 10
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10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
16,070.00
414.00ESCROWSDuke Realty - West EndKENNEDY & GRAVEN
96.40ESCROWS
64.00ESCROWS
45.00SUNSET RIDGE LEGAL SERVICES
619.40
500.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESKILMER NEIGHBORHOOD ASSOC
500.00
11,400.00CE INSPECTION OTHER CONTRACTUAL SERVICESKLM ENGINEERING INC.
11,400.00
11.00FAMILY PROGRAMS PROGRAM REVENUEKOTTKE, KATHRYN
11.00
1,250.00ESCROWSPMC ESCROWLAPPIN, JUSTIN
1,250.00
2,352.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES
2,352.00
582.50UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE
582.50
7,906.00FRANCHISE ADMINISTRATION OTHER CONTRACTUAL SERVICESLEWIS & ASSOCIATES
7,906.00
450.00TRAININGTRAININGLOCAL 49 TRAINING PROGRAM
450.00
155.21SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE
267.79SSD 2 G&A OTHER CONTRACTUAL SERVICES
435.49SSD 3 G&A OTHER CONTRACTUAL SERVICES
858.49
950.00SOFTBALLOTHER CONTRACTUAL SERVICESMCBRIDE, STEPHEN
950.00
4,863.97SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMCCROSSAN INC, C S
4,863.97
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 11
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10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
35.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSMCFOA
35.00
61.84WESTWOOD G & A GENERAL SUPPLIESMENARDS
61.84
11,976.10REILLY BUDGET CLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL
11,976.10
98.45SUPPORT SERVICES OPERATIONAL SUPPLIESMICRO CENTER
122.04SUPPORT SERVICES COMPUTER SUPPLIES
396.91DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT
617.40
951.18PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP
26,432.18PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
377.02SEWER UTILITY G&A BUILDING MTCE SERVICE
1,388.59STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
5,000.00CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI
34,148.97
39.59-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSMIDWEST BADGE & NOVELTY CO
69.04HUMAN RESOURCES RECOGNITION
615.41OPERATIONSFIRE PREVENTION SUPPLIES
11.52OPERATIONSBANK CHARGES/CREDIT CD FEES
656.38
1,400.72EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT
1,400.72
990.00POLICE G & A TRAININGMINNESOTA CIT OFFICER'S ASSN
990.00
383.90GENERAL FUND BALANCE SHEET CLEARING ACCOUNTMINNESOTA DEPT COMMERCE
383.90
50.00WATER UTILITY G&A LICENSESMINNESOTA DEPT HEALTH
50.00
126.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESMINNETONKA CENTER FOR THE ARTS
126.00
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 12
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10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
270.00TRAININGSEMINARS/CONFERENCES/PRESENTATMN FALL MAINTENANCE EXPO
270.00
340.00SUPPORT SERVICES TRAININGMN/SCIA
340.00
885.00HUMAN RESOURCES TRAININGMOBIUS INC
290.00ORGANIZED REC G & A TRAINING
1,175.00
3,814.90ACCIDENT REPAIR EQUIPMENT MTCE SERVICEMORRIE'S BODYWORKS
3,814.90
231.00SOFTBALLSUBSCRIPTIONS/MEMBERSHIPSMRPA
231.00
2,597.40PARK AND RECREATION BALANCE SH INVENTORYMTI DISTRIBUTING CO
2,597.40
265.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMVTL LABORATORIES
265.00
308.87STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICENEENAH FOUNDREY
308.87
125.00SOFTBALLOTHER CONTRACTUAL SERVICESNEUMANN, NEAL
125.00
79.42ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS
207.64HUMAN RESOURCES TELEPHONE
332.96RESEARCH & DEVELOPMENT TELEPHONE
72.42ASSESSING G & A TELEPHONE
124.94FINANCE G & A TELEPHONE
266.51EDA / HA REIMBURSEMENT TELEPHONE
1,141.00POLICE G & A TELEPHONE
570.49OPERATIONSTELEPHONE
72.42INSPECTIONS G & A TELEPHONE
262.33ENGINEERING G & A TELEPHONE
375.87PUBLIC WORKS OPS G & A TELEPHONE
143.79PARK AND REC G&A TELEPHONE
328.91ORGANIZED REC G & A TELEPHONE
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 13
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10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
321.84PARK MAINTENANCE G & A TELEPHONE
72.42ENVIRONMENTAL G & A TELEPHONE
301.25WESTWOOD G & A TELEPHONE
51.08REC CENTER/AQUATIC PARK SAL TELEPHONE
73.36VEHICLE MAINTENANCE G&A TELEPHONE
400.94WATER UTILITY G&A TELEPHONE
108.30SEWER UTILITY G&A TELEPHONE
18.88SOLID WASTE G&A TELEPHONE
5,326.77
600.00WATER UTILITY G&A BUILDING MTCE SERVICENORTHWESTERN DOOR CO
600.00
140.00ORGANIZED REC G & A TRAININGNRPA
140.00
500.00POLICE G & A OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL
500.00
185.52ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE
185.52
89.30ADMINISTRATION G & A GENERAL SUPPLIESOFFICE DEPOT
43.17HUMAN RESOURCES OFFICE SUPPLIES
32.97GENERAL INFORMATION OFFICE SUPPLIES
111.72POLICE G & A OFFICE SUPPLIES
9.50PUBLIC WORKS OPS G & A OFFICE SUPPLIES
45.91PARK MAINTENANCE G & A OFFICE SUPPLIES
96.18WESTWOOD G & A OFFICE SUPPLIES
428.75
131.86NETWORK SUPPORT SERVICES DATACOMMUNICATIONSOFFICE OF ENTERPRISE TECHNOLOG
62.86VOICE SYSTEM MTCE TELEPHONE
1,306.79FACILITY OPERATIONS TELEPHONE
31.49NEIGHBORHOOD OUTREACH TELEPHONE
236.17COMMUNICATIONS/GV REIMBURSEABL TELEPHONE
1,769.17
45.00SOFTBALLPROGRAM REVENUEOKEY, MIKE
45.00
228.26PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICESON SITE SANITATION
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 14
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Vendor AmountBusiness Unit Object
228.26
10,000.00ESCROWSPMC ESCROWOSMUNDSON, SARAH
10,000.00
164.14BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESPBBS EQUIPMENT CORP
164.14
420.00SOCCEROTHER CONTRACTUAL SERVICESPENKERT, JEREMY
420.00
3.07WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESPETTY CASH
7.82STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
10.89
40.11WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC
7.70WESTWOOD G & A MILEAGE-PERSONAL CAR
19.10SUMMER GRADE 6-8 CONCESSION SUPPLIES
66.91
53.44PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC
53.44
211.95WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603
211.95SEWER UTILITY G&A POSTAGE
211.94SOLID WASTE COLLECTIONS POSTAGE
211.95STORM WATER UTILITY G&A POSTAGE
847.79
13,146.70TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE
13,146.70
304.78WATER UTILITY G&A GENERAL SUPPLIESPRO PRODUCTS INC
304.78
4,422.20PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIPROGRESSIVE CONSULTING ENGINEE
4,422.20
645.00SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I
3,577.75STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
4,222.75
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 15
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Vendor AmountBusiness Unit Object
205.93VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER
205.93
5,000.00ESCROWSBROOKSIDE TRAFFIC STUDYQUIRING EXCAVATING LLC
5,000.00
524.93BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSRAMSEY COUNTY
500.00WESTWOOD G & A OFFICE EQUIPMENT
1,024.93
450.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESREHKAMP LARSON ARCHITECTS INC
450.00
171.18STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICESA-AG INC
171.18
35.72PAINTINGOTHER IMPROVEMENT SUPPLIESSCHERER BROS. LUMBER CO.
314.92PARK BUILDING MAINTENANCE GENERAL SUPPLIES
16.42PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES
205.82-PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
161.24
637.21PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESSCHOEBEN'S WINDOW CLEANING SER
637.21
328.13ENGINEERING G & A GENERAL PROFESSIONAL SERVICESSCHONSTEDT INSTRUMENT CO
328.13
600.00POLICE G & A TRAININGSCOTT COUNTY TREASURER
600.00
92.22STORM WATER UTILITY G&A SMALL TOOLSSEARS COMMERCIAL ONE
92.22
14,017.92PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH
2,651.52SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES
308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
16,977.44
500.00ESCROWSBROOKSIDE TRAFFIC STUDYSEIFERT COMPANIES
500.00
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 16
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Vendor AmountBusiness Unit Object
67.64INSPECTIONS G & A BUILDINGSELA ROOFING & REMODELING
67.64
225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESSHELTER ARCHITECTURE
225.00
607.47PAINTINGOTHER IMPROVEMENT SUPPLIESSHERWIN-WILLIAMS CO
607.47
9,482.47PE DESIGN IMPROVEMENTS OTHER THAN BUILDISHORT-ELLIOTT-HENDRICKSON
9,482.47
32.75SUPPORT SERVICES OFFICE SUPPLIESSIGN IMAGES
32.75
250.00ESCROWSPMC ESCROWSIMMONS, CHRISTOPHER
250.00
1,583.72EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993
1,583.72
800.00SOFTBALLOTHER CONTRACTUAL SERVICESSMITH, PERRY
800.00
32.40HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTSONGLE, LISA
32.40
7,500.00ESCROWSPMC ESCROWSPJ PROPERTIES
7,500.00
2,335.41DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSSPRINT
2,335.41
508.43-PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSPS COMPANIES INC
212.30BUILDING MAINTENANCE GENERAL SUPPLIES
499.72SSD 1 G&A LANDSCAPING MATERIALS
203.59
376.75-TECHNOLOGY REPLACEMENT B/S DUE TO OTHER GOVTSSQUARERIGGER SOFTWARE
5,856.75APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT
5,480.00
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 17
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Vendor AmountBusiness Unit Object
1,122.06PE INVES/REV/PERMITS IMPROVEMENTS OTHER THAN BUILDISRF CONSULTING GROUP INC
4,792.54CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI
6,526.33CE DESIGN IMPROVEMENTS OTHER THAN BUILDI
12,440.93
4,220.17PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESST CROIX REC CO
4,220.17
780.00SUMMER GRADE 6-8 OTHER CONTRACTUAL SERVICESST LOUIS PARK TRANSP INC
780.00
25.00HUMAN RESOURCES TRAININGST MICHAEL, CITY OF
25.00
15.36SUMMER PLAYGROUNDS OTHER CONTRACTUAL SERVICESSTITCHIN POST
1,596.80SOCCEROTHER CONTRACTUAL SERVICES
1,612.16
5,510.82POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S
18.14PATROLPOLICE EQUIPMENT
5,528.96
110.83ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS
110.83
413.68WATER UTILITY G&A OTHER IMPROVEMENT SERVICESWANSON PROCESS SERVICES
413.68
102.50IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICESTALBERG LAWN & LANDSCAPE INC
102.50
15.00TRAININGTRAININGTCALMC
15.00
412.02POLICE G & A OPERATIONAL SUPPLIESTEE'S PLUS
412.02
77.40ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC
77.40
48.27WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESTERMINIX INT
48.27
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 18
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10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
3,450.00REILLY BUDGET OTHER CONTRACTUAL SERVICESTESTAMERICA LABORATORIES INC
3,450.00
1,377.64ENGINEERING G & A ENGINEERING SERVICESTKDA
1,377.64
1,800.00WESTWOOD G & A OTHER CONTRACTUAL SERVICESTREE TRUST
1,800.00
292.19SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESTRI STATE BOBCAT
292.19
110.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATTWIN WEST CHAMBER OF COMMERCE
110.00
529.62STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEUNITED RENTALS NORTHWEST INC
529.62
370.65EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA
370.65
325,453.51CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIVALLEY PAVING INC
325,453.51
702.22WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR
702.22
449.30WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC
449.30
45.00SOFTBALLPROGRAM REVENUEWELCH, RANDY
45.00
85.822008A UTIL REV BOND PROJECT RENTAL BUILDINGSWILLIAMS SCOTSMAN INC
85.82
131.28OPERATIONSGENERAL SUPPLIESWINDSCHITL, MARK
133.54OPERATIONSEMERGENCY PREPAREDNESS
264.82
42.75HALLOWEEN PARTY GENERAL SUPPLIESWRAP CITY GRAPHICS
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 19
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10/2/2009 -9/19/2009
Vendor AmountBusiness Unit Object
42.75
760.00COUNTS AND STUDIES OTHER CONTRACTUAL SERVICESWSB ASSOC INC
760.00
21.99OPERATIONSELECTRIC SERVICEXCEL ENERGY
25,854.15PUBLIC WORKS OPS G & A ELECTRIC SERVICE
3,780.56PARK MAINTENANCE G & A ELECTRIC SERVICE
19.94BRICK HOUSE (1324)ELECTRIC SERVICE
91.51WW RENTAL HOUSE (1322)ELECTRIC SERVICE
37,073.50WATER UTILITY G&A ELECTRIC SERVICE
1,817.03REILLY BUDGET ELECTRIC SERVICE
3,304.60SEWER UTILITY G&A ELECTRIC SERVICE
2,240.31STORM WATER UTILITY G&A ELECTRIC SERVICE
74,203.59
19,996.00UNINSURED LOSS G&A UNINSURED LOSSXTERIOR XPERTS
19,996.00
10,532.51TV PRODUCTION OFFICE FURNITURE & EQUIPMENTZ SYSTEMS INC
10,532.51
554.19BUILDING MAINTENANCE GENERAL SUPPLIESZACKS INC
554.19
178.09VEHICLE MAINTENANCE G&A GENERAL SUPPLIESZEP MFG
178.09
166.02PARK AND RECREATION BALANCE SH INVENTORYZIEGLER INC
166.02
79.12ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING
79.12
Report Totals 1,469,048.79
Meeting of October 5, 2009 (Item No. 4d)
Subject: Vendor Claims Page 20
Meeting Date: October 5, 2009
Agenda Item #: 4e
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF May 7, 2009
ST. LOUIS PARK COUNCIL CHAMBERS
MEMBERS PRESENT: Bruce Browning, Rick Dworsky, David Dyer, Dale Hartman, Toby
Keeler, Mike Mulligan, Rolf Peterson
MEMBERS ABSENT: none
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community
TV Coordinator
OTHERS PRESENT: Arlen Mattern, Comcast Government Affairs Professional
1. Call to Order
Chair Keeler called the meeting to order at 7:00 PM.
2. Roll Call
Present at roll call were Commissioners Browning, Dyer, Hartman, Keeler, Mulligan and
Peterson. (Commissioner Dworsky arrived at 7:03 p.m.)
3. Approval of Minutes for February 12, 2009
It was moved by Commissioner Browning, seconded by Commissioner Peterson, to approve
the minutes of February 12, 2009, without changes.
The motion passed 6-0.
4. Adoption of Agenda
It was moved by Commissioner Peterson, seconded by Commissioner Browning, to approve
the agenda as presented.
The motion passed 6-0.
5. Public Comment – None
6. New Business
A. School District #283 request for funding from cable TV franchise fees
B. School District #283 quarterly report
Meeting of October 5, 2009 (Item No. 4e) Page 2
Subject: Telecommunications Advisory Commission Minutes May 7, 2009
Tom Marble, Director of Information Services for St. Louis Park Schools reviewed his report
to the Commission including: Funds for Channel 14, the Community Access TV studio,
and reviewed accomplishments from the last year discussing how funding from the
Telecommunications Commission was used (Class for video production, video club, work
with the City in the studio and equipment purchases).
He said that it was the first time there had been a video production class at the High School
since the 2002-2003 school year. He requested renewal of funding and equipment grants.
Commissioner Browning asked about the servers, and Mr. Marble replied there are many
choices for storage. They are researching scheduling and triggering software.
Mr. Dunlap noted that the City’s server was $5,000 and discussed server options.
Commissioner Peterson asked about editing stations and their locations? Mr. Marble replied
there is production studio workspace. Classroom space is done as stations and they work in
small groups.
Commissioner Keeler asked about student demand for next year? Mr. Marble said there
were 37 International Baccalaureate students in 2 sections this spring, and they expected
more students next year. He said there were 17 students in the Junior High Video Club.
Commissioner Keeler asked how much funding came from the franchise fees? Mr. Dunlap
responded up to $65,000 was budgeted this year, and that last year $52,000 was granted.
The City Manager has told staff that that 2009 budget is in good shape but that for the 2010
budget, everything is on the table for discussion. The Commission funding recommendation
goes to City Council usually as a routine item on the consent agenda, but it may be
discussed by Council this year.
Commissioner Browning stated the report was well thought out and understood the need to
replace and update computer-based equipment.
Commissioner Peterson said it was exciting to have video classes back at the High School,
and being an International Baccalaureate class, that meant there was rigor to it. He said even
though budgets are tight this year, he’ll support the motion.
It was moved by Commissioner Dworsky, seconded by Commissioner Browning, to approve
a $14,000 equipment grant, $35,000 operating grant and $4,000 for the Junior High video
club, for a total of $53,000.
The motion passed 6-0.
7. Unfinished Business
Meeting of October 5, 2009 (Item No. 4e) Page 3
Subject: Telecommunications Advisory Commission Minutes May 7, 2009
A. WiFi hot spots subcommittee report
Mr. McHugh reported that draft designs had been done for the notice of availability at the
Rec Center and City Hall, but he was unsure what kind of signage there would be. He had
asked Westwood staff where the radios would be, but that hasn’t been determined yet. It
would probably be a spring/summer project.
Commissioner Peterson noted the WiFi signal in City Hall was working, since he was just
able to download an email about the School Board budget process.
B. Comcast audit update
Mr. Dunlap stated that Comcast had recently provided the information requested by Scott
Lewis for trend reports with St. Louis Park revenue broken out from the Minnesota and
national systems. Mr. Lewis gets a list of addresses to make sure revenue is attributed to the
correct City. Twenty-seven addresses were not listed as St. Louis Park addresses, and those
would be corrected in the future. That’s an additional $100 or so per month that will come
to the City from now on, since most customers pay a franchise fee of about $4 or $5 per
month, based on the cost of their cable service. Mr. Lewis hasn’t yet received the
information from when Time Warner ran the system, and Mr. Dunlap will follow up on
that.
C. Digital TV transition update
Mr. McHugh stated he was going to make a presentation recently, but no residents showed
up.
D. Fiber optic ordinance update
Mr. Dunlap reviewed the memo he distributed and noted that Monticello had 100% fiber
optic to the home financed with revenue bonds, which was approved overwhelmingly by
voters. They have a population of 11,500. They plan to do alpha and beta testing through
July and will connect drops to fiber optic network when it is warmer.
Utopia is a project where 16 cities with a population of 500,000 near Salt Lake City, Utah,
are building fiber to the home. The public utility owns the fiber to the homes and leases to
various providers. They offer both business and residential services, and the first customers
are connected at 100 megabits per second. Comcast has a similar service, but is not quite as
fast.
Loma Linda, California is an ISP through a fiber network to the home. It’s unclear how
many subscribers are connected. More than 30 commercial buildings could get service at up
to15 megabits/second.
Meeting of October 5, 2009 (Item No. 4e) Page 4
Subject: Telecommunications Advisory Commission Minutes May 7, 2009
Commissioner Dworsky asked where they should go next? Should the City contact those
City’s for recommendations? Mr. Dunlap replied they had budgeted $50,000 in 2009 for a
fiber study. Staff was researching it further before they hired a consultant. Because of
budget pressures, he was not sure if they could go forward with the fiber study.
Chair Keeler asked if anyone on the Commission could follow up and contact any of the
Minnesota cities, and Commissioner Browning volunteered to contact Monticello and invite
them to a meeting.
E. Park TV & Community TV update
Mr. Dunlap stated staff continued to use the van and equipment. The van upgrade was on
hold due to the cost, up to $300,000. The van equipment was still working and staff is out
covering lacrosse tonight. The Southwest Rail Task Force will be holding a meeting, which
will also be covered.
Mr. McHugh added they had recently replaced the brakes and had gotten permission to get
an interim generator. In the last 60 days Community TV has held five classes for residents
and shown 2 special video projects in the community in addition to on the channel, a Caring
Youth feature and a feature on the Meadowbrook Collaborative 15 year Anniversary.
8. Reports
A. Complaints
Commissioner Browning wanted to find out if they answered the phone within a certain
amount of time. He said there are complaints about long wait periods, and he had the same
issue. Is there an FCC regulation about that and where are they with that? Mr. Dunlap
stated he would follow up with Comcast.
Commissioner Browning asked about the customer privacy notice that was sent out and
suggested they break out changes that had occurred. Mr. Dunlap responded that document
is required by Federal law and they send it regardless of changes, but that it was a good idea
to point out the changes.
Commissioner Mulligan noted the number of complaints around billing errors had gone up
and they should watch that.
Commissioner Keeler asked if complaint #13 where the installer had left a mess had been
resolved? Mr. Dunlap assumed the customer cleaned it up.
9. Communication from the Chair
Meeting of October 5, 2009 (Item No. 4e) Page 5
Subject: Telecommunications Advisory Commission Minutes May 7, 2009
Chair Keeler thanked Commissioner Browning for the City Council update. He called a
contact and Qwest and was cautiously optimistic that he would get a DSL coverage map.
Chair Keeler asked staff when and where NATOA’s annual conference would occur and who
could attend? Mr. Dunlap replied that one commissioner could attend along with Mr.
McHugh, and that he believed it was in late September.
10. Communications from City Staff
Mr. Dunlap stated that a community open house would be held on June 9th at Wolf Park
from 5:30 to 8:30 PM. He asked Commissioners to contact him if they wanted to staff a
booth with information about the Commission.
11. Adjournment
Commissioner Browning made a motion, Commissioner Dworsky seconded to adjourn at
7:57. The motion passed.
Respectfully submitted by:
Amy L. Stegora-Peterson
Recording Secretary
Meeting Date: October 5, 2009
Agenda Item #: 4f
OFFICIAL MINUTES
CHARTER COMMISSION MEETING
ST. LOUIS PARK, MINNESOTA
March 11, 2009
7:00 p.m. – Westwood Room City Hall
1. Call to Order
Chair Fillbrandt called the meeting to order at 7:01 p.m.
2. Roll Call and Attendance
Members Present: Gary Carlson, Lynne Carper, Jim de Lambert, Terry Dwyer, Brian Fiderlein,
Steve Fillbrandt, Linda Jennings, Jim Kelly, Pat Skinner and Nathan Prosser. JC Beckstrand arrived
at 7:15 p.m.
Members Absent: Ken Gothberg, Jan Loftus and Brittney Turner.
Others Present: Marcia Honold, Management Assistant/Charter Commission Liaison and Lisa
Songle, Recording Secretary.
2a. Requests for Excused Absences
Members Excused: Ken Gothberg, Jan Loftus and Brittney Turner.
Ms. Honold informed the Commission that Commissioner Marilyn Hoeft had resigned from
Charter and introduced new member Nathan Prosser.
3. Approval of Minutes – September 10, 2008
Chair Fillbrandt inquired if anyone had any changes to the minutes of May 14, 2008.
It was requested that the second sentence of Item 5a, page 2, be revised to state “. . . to discuss two
changes, removing ‘with the Charter Commission’. . .”; and
On page 3, last sentence in Item 6, revised to state that “. . . he was not interested in running for
Chair again”.
It was moved by Commissioner Carper, seconded by Commissioner Dwyer to approve the minutes
of September 10, 2008 as amended. Motion was unanimously approved, 10-0.
4a. Amendments to Charter
Ms. Honold reviewed the Charter amendments to Section 5.06 Contracts – How Let and
Section 3.10 regarding ordinance recodification that were passed by Council at their December 15,
2008 meeting. These changes took effect on March 25, 2009.
Meeting of October 5, 2009 (Item No. 4f) Page 2
Subject: Charter Commission Minutes March 11, 2009
4b. Distribution of Bylaws and Charter Roster
Bylaws -- Ms. Honold stated that the bylaws have been a standing agenda item for several
meetings and was unclear if the issues had been resolved. Ms. Honold indicated that she didn’t
recall that a motion to amend the Bylaws to deal with March issue had been made at the last
meeting. Commissioner Fiderlein indicated that the city attorney had indicated that any meeting
can be designated as the annual meeting. It was the recommendation of the commission to leave the
Bylaws as adopted at the September 10, 2008 meeting.
Roster – Ms. Honold indicated that some Consent forms from Commissioners remained
outstanding and offered to transmit the roster electronically. The consensus of the Commission was
that it could be transmitted electronically.
5a. Election of Officers
Chair Fillbrandt indicated that Election of Officers needed to take place and inquired
regarding interest of current officers. Ms. Loftus, although not in attendance, had indicated that she
was not interested in seeking re-election as secretary. Chair Fillbrandt stated he was not seeking re-
election.
Chair Nominations: Commissioner Carper nominated Brian Fiderlein as Chair, which was
second by Commissioner Carlson. Commissioner Fiderlein accepted. With no other nominations,
Brian Fiderlein was elected unanimously as Chair
It was moved by Commissioner Carper, seconded by Commissioner Carlson to nominate
Commissioner Fiderlein as Chair of the Charter Commission until the next annual meeting of the
Charter Commission. The motion was unanimously approved, 11-0.
Vice Chair Nominations: Commissioner Carper nominated Commissioner Jennings who
declined the nomination. Commissioner Kelly nominated Commission Skinner, which was
seconded by Commissioner Jennings. Commissioner Skinner accepted. With no other
nominations, Patrick Skinner was elected unanimously as Vice Chair.
It was moved by Commissioner Kelly, seconded by Commissioner Jennings to nominate
Commissioner Skinner as Vice Chair of the Charter Commission until the next annual meeting of
the Charter Commission. The motion was unanimously approved, 11-0.
Secretary Nominations: An inquiry was made regarding the duties. Ms. Honold indicated
that the duties are as proofreader of the minutes as the City provides a recording secretary to the
Commission, but if this Commission decides not to utilize those services, the duties can be
expanded. The Commission desires to have a recording secretary. Commissioner Carper nominated
himself as Secretary, with a second by Commissioner Jennings. With no other nominations, Lynne
Carper was elected unanimously as Secretary.
Meeting of October 5, 2009 (Item No. 4f) Page 3
Subject: Charter Commission Minutes March 11, 2009
It was moved by Commissioner Carper, seconded by Commissioner Jennings to nominate
Commissioner Carper as Secretary of the Charter Commission until the next annual meeting of the
Charter Commission. The motion was unanimously approved, 11-0.
5b. Proposed Annual Report for District Court – Year 2008
Ms. Honold presented the Annual Report that was prepared for the Commission. With no
amendments, Commissioner Fiderlein moved for approval of submission of the Annual Report to
the District Court for 2008, which was seconded by Commissioner Dwyer. With no further
discussion, the Commission voted unanimously for submission to the District Court of the 2008
Annual Report of the Charter Commission.
It was moved by Commissioner Fiderlein, seconded by Commissioner Dwyer to submit the 2008
Charter Commission Annual Report to Hennepin County District Court. The motion was
unanimously approved, 11-0.
5c. Paperless Agenda
Ms. Honold presented the staff report on the transition to a paper agenda. She indicated
that the City Council transitioned to paperless agenda in late 2007 for environmental and
transparency reasons. Ms. Honold indicated that currently there is no section on the city’s website
for the Charter Commission. Ms. Honold inquired if this is something the Commission wanted to
consider.
Commissioner Carper inquired if the City Charter was available on the website. Ms.
Honold indicated that yes it was, as part of the City Code. Commissioner Fiderlein expressed his
desire to have the minutes and Charter on the website for the public aspect. Chair Fillbrandt and
Commissioner Beckstrand agreed. An inquiry was made regarding the availability of archived
information. The Commission indicated their desire to investigate this opportunity further.
6. Future Meetings
Chair Fillbrandt deferred future projects/needs to Commissioner Fiderlein. Incoming Chair
Fiderlein requested suggestions for items for the Commission to work on. It was decided that the
Commission would reconvene in September to receive an update regarding the Commission’s
presence on the City’s website and paperless agenda. Commissioners Jennings inquired if there was
any legislation that would require them to meet. Commissioner Carlson indicated that there was a
bill to allow Council’s amendment to Section 410, but it wouldn’t affect the City’s Charter.
Commissioner Carper reminded the Commission that they can call a meeting if needed. Ms.
Honold informed the group that Minneapolis has passed the first round with respect to Instant
Runoff Voting. It was the consensus of the Commission that they did not want to do anything at
this time but it can be discussed with incoming Chair Fiderlein.
The next meeting of the Charter Commission is called for Wednesday, September 9 at 7:30
p.m. in the Westwood Room.
Meeting of October 5, 2009 (Item No. 4f) Page 4
Subject: Charter Commission Minutes March 11, 2009
7. Communications
Commissioner Beckstrand requested that Commissioner Carlson update the Commission on
the state tort claims liability modification of Senator Latz. Commissioner Carlson indicated they
would be reinstating the state cap and that the bill moved forward.
Commissioner Fillbrandt inquired if electronic distribution of Charter materials (agenda,
minutes, etc). was allowed. It was indicated that the bylaws would be reviewed to see if there was
anything mentioned regarding mailed verus other methods of distribution.
Commissioner Beckstrand indicated he would like the Commission to explore two items –
historic preservation and green space, and felt that this was the appropriate platform. Commissioner
Beckstrand indicated that he would do some background work with respect to these possibilities and
report back at the next meeting.
Ms. Honold informed the group that the results of a community survey had just been
released and encouraged all Commissioners to visit the City’s website to view the survey. She
thanked the Commission their work, indicating that our Charter is used as a model by many other
cities.
8. Adjournment
There being no further business to discuss, Chair Fillbrandt called for a motion to adjourn.
Motion by Commissioner Kelley, seconded by Commissioner Beckstrand to adjourn the meeting at
7:47 p.m. The motion passed unanimously.
Respectfully submitted by:
Lisa Songle, Recording Secretary
Meeting Date: October 5, 2009
Agenda Item #: 4g
OFFICIAL MINUTES OF JULY 30, 2009
BOARD OF ZONING APPEALS
CITY OF ST. LOUIS PARK
The St. Louis Park Board of Zoning Appeals conducted a regular meeting on Thursday, July 30,
2009, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota
Members Present: Chair Susan Bloyer
Vice Chair James Gainsley
Ryan Burt
Paul Roberts
Henry Solmer
Members Absent: None
Staff Present: Gary Morrison, Assistant Zoning Administrator
Nancy Sells, Administrative Secretary
Others: Tom Scott, City Attorney
1. Call to Order – Roll Call
Chair Bloyer called the meeting to order at 6:00 p.m.
2. Minutes of June 25, 2009
Commissioner Gainsley moved approval of the minutes of June 25, 2009.
Motion carried. Voting yes: Bloyer, Burt, Gainsley, Solmer.
Commissioner Roberts arrived at 6:02 p.m.
3. Consent Agenda: None
4. Public Hearings: None
5. Unfinished 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
Meeting of October 5, 2009 (Item No. 4g) Page 2
Subject: Board of Zoning Appeals Minutes July 30, 2009
Gary Morrison, Assistant Zoning Administrator, presented the staff report. He stated the request
was first heard by the board on June 25, 2009 at which time consideration was tabled so that staff
and the City Attorney could consider questions raised by the board. Mr. Morrison summarized the
questions and responses and stated that written response to those questions are also provided in the
staff report.
Chair Bloyer reopened the public hearing.
Commissioner Burt stated he was unable to attend the June 25th meeting. He said he had serious
reservations about moving forward based upon ADA or the Fair Housing Act. He said in his review
of the ADA and his experience in that area, the current request doesn’t seem to be a situation where
it is applicable. He said several threshold grounds need to be addressed before consideration of
ADA. The purpose of the ADA is to prevent discrimination on any level. Commissioner Burt
stated there has to be a threshold showing there is a discrimination based upon disability or as a
result of disability brought upon either on the face or in the application of the statute or ordinance.
He stated that he didn’t think that was an appropriate exercise for BOZA. He said he didn’t think
there was any way of showing that a variance that requires a 6 foot setback, either on its face or in
application, is discriminatory based upon disability. The fact that someone is either allowed or not
allowed to do something, does not equate the discrimination. Those are two different concepts.
Commissioner Burt added that if there is discrimination present, there is then the question of
whether or not there is an accommodation that needs to be granted. He said he has a hard time
understanding why an accommodation needs to be made under the ordinance when there are other
alternatives available without making a change or making an exception to the ordinance.
Accommodation doesn’t have to be the best accommodation, it doesn’t have to be the only
accommodation, it doesn’t have to be the easiest or least expensive. It just has to be a way of
accomplishing a fact. He said there are other ways of addressing the variance such as either granting
it or denying it without going through the slippery slope of starting to include other types of
technical statutes. He concluded by saying he doesn’t think a showing has been made that it’s either
applicable or appropriate to be looking at those technical statutes in this situation.
Tom Scott, City Attorney, commented that there are two statutes involved, Fair Housing Act
Amendment and the ADA. He said, as indicated in his letter, in this particular issue it’s a technical
area. There is a lot of case law from a very general standpoint. The standards are fairly similar in
the context of a request like this for a variance from a zoning regulation. He said under the ADA as
far as whether or not discrimination is present, his understanding of the law is that the failure to
make a reasonable exception to a particular zoning regulation constitutes discrimination. He
explained that’s how the courts place this concept of discrimination in the context of reasonable
accommodation. He went on to say the failure to make the accommodation is what the courts say is
the discrimination. So in this request, that’s how the two concepts are tied together. Mr. Scott
suggested it may be easier to look at this in the context of the Fair Housing Act which may fit better,
but as the letter indicates, he can’t say that it is crystal clear. However, based upon a number of cases
it is his opinion that both the ADA and Fair Housing Act do come into play.
Meeting of October 5, 2009 (Item No. 4g) Page 3
Subject: Board of Zoning Appeals Minutes July 30, 2009
Commissioner Burt asked if that was in general, or for this specific ordinance.
Mr. Scott replied that was true as a general principle.
Commissioner Gainsley said variances are supposed to go with the land. The hardship is supposed
to be with the land, not with the applicants. He recalled a situation roughly 10 years ago involving
an accommodation or set-back for someone using a wheelchair. The request was denied, but the
ADA was not mentioned and was not a part of the case. He said if the current request was granted
with the land and the applicants left, it might be unreasonable to remove the addition. He added, if
that is the case, the law should be changed to accommodate this and a zoning board shouldn’t have
to subvert the law.
Mr. Scott said as mentioned in his letter, it is not a very good vehicle to use the variance procedure
because of state statute regarding variance criteria which is incorporated into ordinances. But it’s a
situation where there is federal statute that supersedes it. In an ideal world, there might be a
different process to address the issue which wouldn’t be through a variance process. Applicants do
have a right to apply for a variance and raise this issue. Mr. Scott added that it’s within the board’s
discretion to say it doesn’t fit within variance criteria.
Commissioner Gainsley said the very essence of a zoning board is a conservative approach to the
zoning law. The limits are set by the law. He stated he had no objection to the variance request, but
he objected to the way it is being tackled.
Commissioner Burt said that was his point exactly, that he is uncomfortable with the process, not
the merits of the variance. He said he’s uncomfortable with the legal conclusions drawn in the
report and the impact on the process. He stated he would be more comfortable removing that
analysis from the process if the decision is made to grant the variance.
Commissioner Solmer stated that firstly a threshold needs to be determined that there is a present
disability. The Board of Zoning Appeals is not the body to make that determination. It is usually
done by an independent judicial or quasi-judicial body with experience interpreting case law. He
said secondly, once determination of disability is made, the body that has to accommodate the
disability (in this case the city) gets to choose the method of accommodating it. He suggested in this
case the addition could be made to the back of the garage, laundry machines could be installed in the
kitchen, someone could be hired to do the laundry, and a stair lift or elevator could be installed.
Commissioner Solmer said all of these are reasonable accommodations and do not require a variance.
Mr. Scott responded that in this situation BOZA is the quasi-judicial body. The body, whether it is
an employer or a city for example, has to administratively make a determination as best it can. In
this case BOZA would be the first level prior to City Council. Mr. Scott said regarding the second
point, it is within the purview of BOZA to determine other reasonable ways to address this that
don’t require a variance.
Meeting of October 5, 2009 (Item No. 4g) Page 4
Subject: Board of Zoning Appeals Minutes July 30, 2009
Commissioner Gainsley asked if it would be more appropriate for BOZA to deny the request and
have the City Council hear the request. He stated he is also concerned about setting a precedent.
Commissioner Burt asked if there a way to approve the variance without referencing ADA.
Commissioner Gainsley responded that there is no hardship.
Commissioner Roberts commented that it is a slippery slope and can be argued both ways. He
spoke about interpretation. There isn’t a hardship associated with the land, variances go with the
land, and what is a reasonable accommodation? This is difficult to figure out. He said from his
viewpoint this is a reasonable accommodation given the set of facts he is looking at.
Chair Bloyer said she understood all of the concerns and comments. She said she is comfortable
with attempting to set up some kind of a process in order to evaluate this kind of request rather than
sending it on to Council. She said the City Council may grant the applicant the variance but that
won’t give the board and the city a good basis on which to evaluate future cases.
Commissioner Gainsley said he believed BOZA’s threshold quits when it gets out of the hardship
area. When it’s not a hardship it doesn’t really apply to BOZA, it is something else. He said
establishing a process would be very complicated. Other resources should be used to develop that
process.
Commissioner Solmer said he agreed with Commissioner Gainsley.
Commissioner Burt said the process is straightforward. Either BOZA finds the criteria have been
met and grants the variance or if one of the criteria aren’t met BOZA denies the variance and it can
go to the City Council on appeal.
Mr. Scott spoke about a standard resolution of denial which would be based upon criteria in the
ordinance. He said a section referencing the Fair Housing Act and ADA could be removed. Mr.
Morrison distributed copies of a resolution of denial.
Chair Bloyer closed the public hearing.
Commissioner Gainsley made a motion to deny the variance by Resolution No. 01-09 with the
deletion of Section 4e. Commissioner Solmer seconded the motion. The motion passed on a vote
of 3-2. Voting yes: Burt, Gainsley, Solmer. Voting no: Bloyer, Roberts
Mr. Morrison announced the process for requesting an appeal.
6. New Business: None
7. Communications: None
Meeting of October 5, 2009 (Item No. 4g) Page 5
Subject: Board of Zoning Appeals Minutes July 30, 2009
8. Adjournment
Commissioner Gainsley made a motion to adjourn the meeting at 6:45 p.m.
Respectfully submitted,
__________________________
Nancy Sells
Administrative Secretary
Meeting Date: October 5, 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:
Reappointment of Citizen Representatives to Boards and Commissions.
RECOMMENDED ACTION:
Motion to reappoint as commissioners Kristin Piper and Robert Malooly as citizen representatives
appointed by the City Council to the Community Education Advisory Commission for new terms
ending June 30, 2012.
POLICY CONSIDERATION:
Does the Council wish to reappoint as commissioners Kristin Piper and Robert Malooly as citizen
representatives appointed by the City Council to the Community Education Advisory Commission
for new terms ending June 30, 2012?
BACKGROUND:
Kristin Piper was first appointed to the Community Education Advisory Commission on August 31,
2006. Robert Malooly was first appointed to the Community Education Advisory Commission on
February 4, 2008. Both their terms expired June 30, 2009 and both have indicated a wish to be
reappointed to a new term. Ms. Piper and Mr. Malooly have served the Community Education
Advisory Commission well and staff at the school district support their requests for reappointment.
Terms for commissioners on the Community Education Advisory Commission are for three years.
If reappointed, Ms. Piper’s and Mr. Malooly’s terms will both expire on June 30, 2012.
Board and Commission Vacancies
In addition to the various openings for youth commissioners on our Boards & Commissions for
which we are continually recruiting (Human Rights Commission: two youth openings; Police
Advisory Commission: one youth opening; and Telecommunications Advisory Commission: one
youth opening), we have submitted an application to the St. Louis Park School Board for
consideration of the school board appointed adult citizen representative opening on the Human
Rights Commission.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
Appointing diverse citizen representatives who volunteer as commissioners to the various Boards and
Commissions assures St. Louis Park is consistent with 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: Tom Harmening, City Manager
Meeting Date: October 5, 2009
Agenda Item #: 6a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Public Hearing - Liquor License – Noodles & Company.
RECOMMENDED ACTION:
Mayor to close public hearing. Motion to approve application from The Noodle Shop, Co. –
Colorado Inc. doing business as Noodles & Company for an on-sale wine and 3.2 malt liquor
license to be located at 5326 16th Street West with the license term through March 1, 2010.
POLICY CONSIDERATION:
Does the Council wish to approve the liquor licenses for The Noodle Shop, Co. – Colorado, Inc.?
BACKGROUND:
The City received an application from The Noodle Shop Co. – Colorado Inc. dba Noodles &
Company for an on-sale wine and 3.2 malt liquor license. The establishment plans to open the first
week in November 2009 in the West End Development. The premise to be licensed is
approximately 2,600 square feet consisting of 64 seats inside and an enclosed patio with 24 seats.
The main principals are as follows: Keith Kinsey is the President/Secretary, Paul Stassen is the Vice
President and Richard Nelson is the Store Manager.
The Police Department has conducted a full investigation and has found nothing in the course of
their investigation that would warrant denial of the licenses. The application and Police report are
on file in the Office of the City Clerk should Council members wish to review the information prior
to the public hearing. The required public hearing legal notice was published in the Sun Sailor
Newspaper on September 24, 2009.
Should the Council approve the liquor licenses, no actual licenses will be issued to the applicant
until all the other required items are met with the City Inspections Department and the State
Alcohol and Gambling Enforcement Division?
FINANCIAL OR BUDGET CONSIDERATION:
The fees for new liquor licenses are found in Appendix A - Fee Schedule of the City Code. Fees for
this applicant include $500 for a new license investigation fee, $2,750 for on-sale wine and 3.2 malt
liquor licenses (pro-rated).
VISION CONSIDERATION:
Not applicable.
Attachments: None
Prepared by: Nancy Stroth, City Clerk
Kris Luedke, Office Assistant
Approved by: Tom Harmening, City Manager
Meeting Date: October 5, 2009
Agenda Item #: 6b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Public Hearing to Consider Ordinance Modifying 2010 Compensation of the Mayor and City
Councilmembers.
RECOMMENDED ACTION:
Mayor to close public hearing. Motion to approve the first reading of the ordinance modifying
Mayor and City Councilmember 2010 compensation, and set second reading for October 19, 2009.
POLICY CONSIDERATION:
Does the City Council wish to reduce Mayor and City Councilmember 2010 compensation by 5%?
BACKGROUND:
According to the City Charter, City Council compensation is set by ordinance. This requires a
public hearing, along with a first and second reading and becomes effective following a municipal
election, with the new salary amount effective January 1, 2010.
As discussed at the August 24, 2009 Study Session, Council requested to reduce their compensation
by 5% for 2010 in light of recent local, state and federal economic hardships.
Current annual salaries for Mayor and City Councilmembers are listed below:
(Note: This does not include EDA salaries, which are set by resolution.)
Current Mayor Annual Salary $12,417
Current Councilmember Annual Salary $ 7,165
A 5% reduction would result in salaries as listed below:
Proposed 2010 Mayor Annual Salary $11,796
Proposed 2010 Councilmember Annual Salary $ 6,807
FINANCIAL OR BUDGET CONSIDERATION:
A decrease in salary for the Mayor and Councilmembers will provide a reduction of expenditures in
the General Fund for 2010 and help solve the budget challenges.
VISION CONSIDERATION:
Not applicable.
Attachments: Draft Ordinance
Prepared by: Ali Fosse, HR Coordinator
Reviewed by: Nancy Gohman, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 6b) Page 2
Subject: Mayor and City Council 2010 Compensation
ORDINANCE NO. _____-09
ORDINANCE SETTING SALARIES
FOR THE MAYOR AND COUNCILMEMBERS
THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS:
Section 1. The annual salary of the Mayor shall be $11,796 and the annual salary of
each Councilmember shall be $6,807 until changed by ordinance as provided in Section 2.07 of the
St. Louis Park Home Rule Charter or MN Session Laws 2009 Chapter 152 Sec. 17.
Section 2. Effective Date. This ordinance shall be effective as follows:
First Reading and Public Hearing: October 5, 2009
Second Reading: October 19, 2009
Date of Publication: October 29, 2009
Date Ordinance Takes Effect: January 1, 2010
Reviewed for Administration: Adopted by the City Council October 19, 2009
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting Date: October 5, 2009
Agenda Item #: 6c
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 on Sunset Ridge Condominium Association’s Housing Improvement Area (HIA).
RECOMMENDED ACTION:
Mayor to close Public Hearing.
Motion to Adopt Resolution approving terms of financing arrangements for the Sunset Ridge
Condominium Association Housing Improvement Area pursuant to Minnesota Statutes, Sections
428A.11 to 428A.21.
Motion to Adopt First Reading of an ordinance establishing the Sunset Ridge Condominium
Association Housing Improvement Area pursuant to Minnesota Statutes, Sections 428A.11 to
428A.21 and to set Second Reading for October 19, 2009.
POLICY CONSIDERATION:
Does the City Council wish to move forward with the creation of a Housing Improvement Area for
the Sunset Ridge Condominium Association?
The City is authorized by the state to establish HIAs as a finance tool for private housing
improvements. An HIA is a defined area within a city where housing improvements are made and
the cost of the improvements are paid in whole or in part from fees imposed on the properties within
the area. The City adopted an HIA policy in 2001, and has established four HIA’s. The Sunset
Ridge Condominium HIA proposal meets the intent of city policy. In the 2009 session, the state
legislature extended the HIA statute for another three years.
BACKGROUND:
At the September 14, 2009 study session Council discussed the Sunset Ridge Condominium
Association’s HIA proposal and request for a Public Hearing. The Council favorably noted that the
Association had made strides to reduce the owners’
costs since the original proposal in 2008.
Sunset Ridge is located between 2010 and 2260
Ridge Drive. There are nine buildings with 240
total units. The buildings were built between 1981
and 1987. 83% of the units are owner occupied.
In November 2008, a majority of owners signed
petitions requesting the Council schedule a public
Meeting of October 5, 2009 (Item No. 6c) Page 2
Subject: Public Hearing Sunset Ridge Condominium HIA
hearing to establish the HIA and impose fees. Petitions have been received from 55% or 133 of the
240 owners. According to city policy and statutory requirements, the only time in which a city may
implement an HIA is when Association members petition the city to do so. State Statute requires
that 25% of the owners sign petitions, while City policy requires petitions from a majority of the
owners. Kennedy & Graven, City’s counsel on HIAs, stated that the petitions collected in 2008 are
viable as long as the project has not increased in scope or cost.
Analysis of Application:
The following analysis describes how the proposal meets the HIA policy and intentions of the
statute.
1. The City’s policy requires that only associations where the median unit value is less than or equal
to MN Housing’s 1st Time Home Buyer limit of $269,000 (in 2009) may apply. The 2009
median estimate market value of units in this association is $118,500.
2. The Association contracted with a third party to conduct a reserve study.
In April of 2006, the Association had a reserve study conducted by Reserve Advisors, Inc. The
study includes a physical needs assessment, thirty year capital improvement plan and a financial
analysis of the existing and projected financial situation. The reserve study takes into account a
loan to fund the exterior siding and window project. The funding plan indicates that projected
association fee increases will meet operational needs and the Association will be capable of
funding future improvements with their reserves.
3. Project Costs are reasonable and eligible for use of the HIA.
To ensure the proposed scope and cost was the most responsible possible, the Board hired an
“Owners Representative”. Over the summer of 2009, Total Project Consultants, LLC, reviewed
the capital improvement plan, reviewed the proposed scope of improvements, researched
alternative products, and developed a revised scope of work.
The original work was estimated to cost $4,775,500. The revised scope is estimated at
$4,028,674; a reduction of nearly $750,000 which results from:
a. Using vinyl windows rather than aluminum clad wood windows. The vinyl product has the
same energy saving attributes and the same warranty as the more expensive wood product.
b. Using a 7’ lap hardy-plank siding rather than a narrower more expensive lap siding.
c. A more thorough investigation of moisture related damage that better defines the estimate
for remediation work.
d. Competitive bidding in the slower construction market.
The costs shown in the following tables are the top range estimates. The Association anticipates
minor adjustments to reduce the final costs.
Meeting of October 5, 2009 (Item No. 6c) Page 3
Subject: Public Hearing Sunset Ridge Condominium HIA
Table 1. Estimated Cost of Improvements
Sunset Ridge Condominium HIA Projected Construction Costs
Exterior Siding $1,224,992
Exterior Trim $164,995
Windows & Trim $379,445
Doors & Trim $893,535
Soffits & Fascia $174,076
Gutters & Downspouts Scope Included/Costs Excluded
Patios-Decks & Porches $438,175
Lighting (& Receptacles) $86,885
Misc. Scope Items $21,526
Performance & Payment Bond / Permits $100,314
Subtotal $3,456,941
Allowances
"Identified" Water Damage / Substrate Repair $354,256
Site Lighting $34,505
Fire Department Lock Boxes $8,000
Construction Contingency (5%) $174,972
TOTAL $4,028,674
Table 2. Project Costs
Sunset Ridge Condominium HIA Project Costs
Construction Costs $4,028,674
City Admin Fee $20,143
Underwriters Discount $52,140
Cost of Bond Issuance $48,000
Rounding $4,517
Capitalized Interest $137,343
City Loan Interest $65,000
Owners’ Rep Cost $60,000
Legal Fees $3,500
Inspecting Architect Fee $3,000
Industrial Hygienist ( Mold Consultant) $10,000
Total $4,432,317
4. The HIA meets City Goals
The proposed improvements meet the City goals in that they will upgrade the existing housing
stock in a neighborhood, stabilize the owner-occupancy level within the association, and preserve
existing affordable housing stock. The property improvements are consistent with VISION
direction.
Meeting of October 5, 2009 (Item No. 6c) Page 4
Subject: Public Hearing Sunset Ridge Condominium HIA
5. The Association’s Process and Timeline meets statutory requirements.
The Association’s communication regarding the HIA has been ongoing since 2005. Staff met
with the Board and members to discuss the HIA tool and process during the preliminary process.
Through the summer of 2009, the Board has worked to refine the project.
• In November 2008, a majority of owners signed petitions requesting the council schedule a
public hearing to establish the HIA and impose fee. Petitions have been signed by 55% or
133 of the owners.
• Kennedy & Graven, the City’s counsel on HIAs, stated that the petitions collected in 2008
are viable as long as the project has not increased in scope or cost.
• In January 2009, the Association elections resulted in new Board Members and a new
Property Management Company.
• In June 2009, the Board hired an Owner’s Representative to revise the scope of work.
• In June 2009, the Board conducted a survey to determine the number of low income seniors
and new owners that may have financial difficulties due to debt load.
• The Association has communicated with residents via monthly Board meetings, letters,
National Night Out and the website.
• A full membership meeting was held September 1, 2009 to provide an update of the
renovation project scope and tentative schedule. 25% of the owners attended this meeting
and demonstrated support of the revised project.
• Construction is proposed to begin in late 2009, and continue for 8-9 months.
6. The HIA financing is necessary for this project.
The Sunset Ridge Association applied for credit from Marshall & Ilsey Bank and Community
Bank. Their requests were denied based on insufficient cash flow and the nature of the structure
(i.e. lack of collateral). The HIA is designed to be a last resort finance tool for associations.
The HIA is also designed to address obstacles some associations confront when applying for
financing.
• The City will lend the money to the association and be repaid by the owners, through their
real estate tax payments.
• The City’s risk is minimal compared to a private lender as property taxes are in the first
position over any other mortgage encumbrances on the property. The actual delinquency
rate for past HIA’s is very low and consistent with the less than 1 percent delinquency rating
of single family homes throughout the City.
• The HIA provides affordable payment options, averaging approximately $140 per month.
This payment will still allow association fees to increase gradually to ensure adequate funds
for operation and long term maintenance.
Meeting of October 5, 2009 (Item No. 6c) Page 5
Subject: Public Hearing Sunset Ridge Condominium HIA
7. Fees and Loan Term.
The average fee per unit will be $18,500 with an annual cost per unit of $1,675 including
interest, payable over 20 years. The range of the unit fees is from $12,800 to $26,500
depending on the size of unit and number of windows and doors. The loan terms and fees are
outlined in the following table.
Owners may make payment beginning with the 2011 real estate tax payments or prepay the fee.
Because bonds would be issued to fund this project, owners may only prepay during a
prepayment period which would end March 31, 2010. Bonds would be issued after
prepayments are made, and the actual bond issue would reflect the project cost less the
prepayment amount.
The percentage of prepayments for the existing HIAs has been: forty percent for the Cedar
Trails HIA; twenty-five percent for the Sungate One; sixteen percent for the Wolfe Lake; and
seven percent for the Westmoreland Hills HIA.
Table 3. Loan Terms
Total Loan Amount $4,432,317
Term (years) 20
Interest Rate 5.89%
Average Annual Debt Service $382,955
Required Coverage (105%) $402,103
Total Units 240
Cost/Unit - Annual $1,675
Cost/Unit - Monthly (Average) $140
Average Assessment - Per/Unit if prepaid $18,468
8. Association's Desired Method of Fee Imposition
The newly enacted legislation amending the HIA State Statute requires that if the fee to be
imposed is “on a basis other than the tax capacity or square footage of the housing unit”, the
Council must make a finding that the alternative basis for the fee is more fair and reasonable.”
Previous St. Louis Park HIAs used the percentage of ownership which was based primarily on
square footage.
The Sunset Ridge Association is seeking to base fees on a two-tiered system:
Meeting of October 5, 2009 (Item No. 6c) Page 6
Subject: Public Hearing Sunset Ridge Condominium HIA
• All common area improvements, siding, garages, lighting, common area windows and doors,
etc., would be assessed to each unit based on the percentage of ownership which is based on
square feet of units.
• All windows and doors (limited common areas) would be assessed to each unit based on the
cost of improvements to that unit. If a unit has only one window, that would be the cost
associated with that unit. Units with more windows and doors would pay for the cost of
windows and doors in their unit.
Sunset Ridge’s proposed method provides the additional benefit that owners will be eligible to
apply for tax credits for energy efficient windows and doors because their costs would be specific
to each unit. At the full membership meeting in early September the members present expressed
strong support for this method of fee imposition.
Kennedy & Graven has assisted in preparing the attached memo from Kathy Larsen to the City
Council describing the proposed fee and providing a factual basis for the Council's use in
making its required findings that the proposed two tiered system is more fair and reasonable.
NEXT STEPS:
October 19, 2009 2nd reading of the Ordinance to Establish Sunset Ridge HIA, and consider
Resolution to Impose Fee, and consider EDA Loan Resolution.
December 3, 2009 Veto Period Ends
Effective Date of Ordinance
March 31, 2010 Prepayment Period Ends
Hardship Deferment Application Deadline
April 2010 Sale of Bonds
2011 Fee will appear on property tax statements beginning 2011
Staff will continue to work with the Association Board, Kennedy & Graven, and Ehlers & Associates
to finalize a Development Agreement and Internal Loan Fund Resolution.
FINANCIAL OR BUDGET CONSIDERATION:
The City’s Financial Director recommends issuing bonds to fund this project. This will alleviate the
concern that large amounts of city reserve funds be tied up for a twenty year period and will ensure
that the city has sufficient dollars available for more immediate cash flow needs.
Basically all costs of the HIA are funded with the loan. The administrative costs incurred by the city
are covered by an administrative fee of one-half of one percent of the project cost which equals
$20,143. The underwriting, bond issuance costs, all soft costs are all included in the loan amount.
Meeting of October 5, 2009 (Item No. 6c) Page 7
Subject: Public Hearing Sunset Ridge Condominium HIA
The Association desires to begin construction as early as December 2009. To accommodate the
construction schedule and provide a reasonable prepayment period, the city will be providing a
construction bridge loan. When bonds are issued in April, the short term loan will be repaid with
the bond funds. The city will realize interest earnings of up to $65,000 on the bridge construction
loan. The short term construction loan will be funded through the Development Fund, which is
consistent with past funding of HIAs.
The newly amended HIA statute requires the Council to provide full disclosure of public
expenditures, as well as the terms of any loans, bonds, or other financing arrangements for housing
improvement area projects prior to establishing a housing improvement area. The attached
resolution outlines the financing arrangements addressed in this report.
VISION CONSIDERATION:
The proposed Sunset Ridge Condominium Owners’ HIA improvements are consistent with Vision
St. Louis Park and the Strategic Directions adopted by the City Council: “St. Louis Park is
committed to providing a well-maintained and diverse housing stock”. The HIA tool addresses
affordably valued, aging owner-occupied townhouse and condominium housing stock. The
proposed improvements specifically address the focus of property maintenance to foster quality
housing and community aesthetics. The proposed improvements also preserve affordable single-
family home ownership by making the improvements affordable using a low interest long-term loan.
Attachments: Resolution Approving Terms of Financing Arrangements for the Sunset Ridge
Condominium Association HIA
Ordinance Establishing the Sunset Ridge Condominium Association
Improvement Area
Resolution Approving a Housing Improvement Fee for the Sunset Ridge
Condominium Association HIA (for reference only)
Prepared by: Kathy Larsen, Housing Programs Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 6c) Page 8
Subject: Public Hearing Sunset Ridge Condominium HIA
RESOLUTION NO. 09-____
RESOLUTION APPROVING TERMS OF FINANCING ARRANGEMENTS
FOR THE SUNSET RIDGE CONDOMINIUM ASSOCIATION HOUSING
IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES,
SECTIONS 428A.11 to 428A.21.
BE IT RESOLVED by the City Council of the City of St. Louis Park as follows:
Section 1. Recitals.
1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections
428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which
housing improvements are made or constructed and the costs of the improvements are paid in whole or
in part from fees imposed within the area.
1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area
policy on July 16, 2001.
1.03. Section 428A.13, Subdivision 1a of the Act requires the Council to provide full
disclosure of public expenditures, as well as the terms of any loans, bonds, or other financing
arrangements for housing improvement area projects prior to establishing a housing improvement area.
1.04. The Council has on October 5, 2009 conducted a public hearing, duly noticed in
accordance with Section 428A.13 of the Act, regarding establishment of the Sunset Ridge
Condominium Association Housing Improvement Area (the “Housing Improvement Area”) at which
all persons, including owners of property within the Housing Improvement Area, were given an
opportunity to be heard.
Section 2. Findings.
2.01. The Council hereby finds that the City intends to issue its general obligation bonds (the
“Bonds”) to finance the proposed improvements within the Housing Improvement Area (the
“Improvements”). The total estimated principal amount of the Bonds is $4,432,317. The Bonds will
be issued in the first half of 2010, and will mature over a period of 20 years, beginning in 2011. The
Bonds will be secured by Housing Improvement Area fees imposed against owners of property within
the Housing Improvement Area and collected at the same time and in the same manner as property
taxes, and by the City’s full faith and credit and taxing powers. The annual fee to be collected against
each unit within the Housing Improvement Area is described on the attached Exhibit A. City staff and
consultants estimate an interest rate of approximately 4%, subject to normal market fluctuations.
2.02. The Council further finds that the Sunset Ridge Condominium Association intends to
commence construction of the Improvements in December of 2009, and that the City intends to
finance an estimated $2,200,000 of the construction costs through a short-term internal loan of
Meeting of October 5, 2009 (Item No. 6c) Page 9
Subject: Public Hearing Sunset Ridge Condominium HIA
available City funds at an interest rate of 5%. Such internal loan will be repaid from proceeds of the
Bonds when issued.
2.03. The Council further finds that the Sunset Ridge Condominium Association will
contract for all Improvements in the Housing Improvement Area.
Section 3. Financing Arrangements Approved.
3.01. The Council hereby approves the terms of the Housing Improvement Area financing
arrangements as set forth above, subject to adoption of its ordinance establishing the Housing
Improvement Area.
Approved by the City Council of the City of St. Louis Park this 5th day of October 2009.
Reviewed for Administration: Adopted by the City Council
City Manager Mayor
Attest:
City Clerk
Meeting of October 5, 2009 (Item No. 6c) Page 10
Subject: Public Hearing Sunset Ridge Condominium HIA
EXHIBIT A TO RESOLUTION NO. 09-____
Meeting of October 5, 2009 (Item No. 6c) Page 11
Subject: Public Hearing Sunset Ridge Condominium HIA
Meeting of October 5, 2009 (Item No. 6c) Page 12
Subject: Public Hearing Sunset Ridge Condominium HIA
Meeting of October 5, 2009 (Item No. 6c) Page 13
Subject: Public Hearing Sunset Ridge Condominium HIA
ORDINANCE NO. ____-09
ORDINANCE ESTABLISHING THE SUNSET RIDGE CONDOMINIUM
ASSOCIATION IMPROVEMENT AREA PURSUANT TO MINNESOTA
STATUTES, SECTIONS 428A.11 to 428A.21.
BE IT ORDAINED by the City Council of the City of St. Louis Park as follows:
Section 1. Recitals.
1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections
428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which
housing improvements are made or constructed and the costs of the improvements are paid in whole or
in part from fees imposed within the area.
1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area
policy on July 16, 2001.
1.03. The City has determined a need to establish the Sunset Ridge Condominium Association
Housing Improvement Area as further defined herein, in order to facilitate certain improvements to
property known as the "Sunset Ridge Condominium Association’” all in accordance with the Housing
Improvement Area policy.
1.04. The City has consulted with the Sunset Ridge Condominium Association (the
“Condominium Association”) and with residents in the proposed Sunset Ridge Condominium
Association Housing Improvement Area regarding the establishment of the Sunset Ridge
Condominium Association Housing Improvement Area and the housing improvements to be
constructed and financed under this ordinance.
Section 2. Findings.
2.01. The Council finds that, in accordance with Section 428A.12 of the Act, owners of at least
25 percent of the housing units within the proposed Sunset Ridge Condominium Association Housing
Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding
establishment of such housing improvement area.
2.02. The Council has on October 5, 2009, conducted a public hearing, duly noticed in
accordance with Section 428A.13 of the Act, regarding adoption of this ordinance, at which all persons,
including owners of property within the proposed Sunset Ridge Condominium Association Housing
Improvement Area, were given an opportunity to be heard.
2.03. The Council finds that, without establishment of the Sunset Ridge Condominium
Association Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not
be made by the condominium association for, or the housing unit owners in, the Sunset Ridge
Condominium Association.
Meeting of October 5, 2009 (Item No. 6c) Page 14
Subject: Public Hearing Sunset Ridge Condominium HIA
2.04. The Council further finds that designation of the Sunset Ridge Condominium
Association Housing Improvement Area is needed to maintain and preserve the housing units within
such area.
2.05. The Council further finds that by Resolution No. ___________ adopted on the date
hereof, the City has provided full disclosure of public expenditures, loans, bonds, or other financing
arrangements in connection with the Sunset Ridge Housing Improvement Area, and has determined
that the Sunset Ridge Condominium Association will contract for the Housing Improvements.
2.06. The City will be the implementing entity for the Sunset Ridge Condominium
Association Housing Improvement Area and the improvement fee.
2.07. The Council finds that the Sunset Ridge Condominium Association Housing
Improvement Area meets each of the approval criteria contained in the Housing Improvement Area
Policy (listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association
owners support the project and the Housing Improvement Area financing. The Condominium
Association presented evidence to the Council adequate to demonstrate that these criteria were met,
including presentation to the Council of the petitions described in 2.01 above.
Section 3. Housing Improvement Area Defined.
3.01. The Sunset Ridge Condominium Association Housing Improvement Area is hereby
defined as the area of the City legally described in Exhibit A.
3.02. The Sunset Ridge Condominium Association Housing Improvement Area contains 240
housing units as of the date of adoption of this ordinance, along with garage units and common areas.
Section 4. Housing Improvements Defined.
4.01. For the purposes of this ordinance and the Sunset Ridge Condominium Association
Housing Improvement Area, the term "Housing Improvements" shall mean the following
improvements to housing units, garages, and common areas within the Sunset Ridge Condominium
Association Housing Improvement Area:
Exterior siding and trim will be replaced on all buildings. Windows and trim will be replaced. Entry
doors, trim and patio doors will be replaced. Soffits and fascia will be replaced. Garages will be resided
and new garage doors installed. Patios, decks and porches will be replaced as needed. Lighting will be
replaced. Miscellaneous vents, signs, mail slot will be replaced with minor electrical work as needed.
Water damage will be remediated. Lock boxes will be installed for emergency fire entrance.
4.02. Housing Improvements shall also be deemed to include:
(a) all costs of architectural and engineering services in connection with the activities
described in Section 4.01;
(b) all administration, legal and consultant costs in connection with the Sunset Ridge
Condominium Association Housing Improvement Area; and
Meeting of October 5, 2009 (Item No. 6c) Page 15
Subject: Public Hearing Sunset Ridge Condominium HIA
(c) costs of arranging financing for the Housing Improvements under the Housing
Improvement Act; and
(d) interest on the internal loan as described in Sections 5.04 and 6.01.
Section 5. Housing Improvement Fee.
5.01. The City may, by resolution adopted in accordance with the petition, hearing and
notice procedures required under Section 428A.14 of the Act, impose a fee on the housing units within
the Sunset Ridge Condominium Association Housing Improvement Area, at a rate, term or amount
sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as
the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section.
5.02. The Housing Improvement Fee shall be imposed for Common Elements based on the
square footage (percentage of undivided ownership) of each unit, and shall be imposed for Limited
Common Elements based on the actual cost of windows and doors for each unit, all as prescribed in the
Declaration Establishing a Plan For Apartment Ownership Pursuant to the Minnesota Uniform
Condominium Act for Sunset Ridge Condominium.
5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater
than 20 years after the first installment is due and payable.
5.04. Housing unit owners shall be permitted to prepay the Housing Improvement Fee in
accordance with the terms specified in the resolution imposing the fee.
5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of
public hearing regarding the approval of such fee; provided, however, that the Housing Improvement
Fee may be reduced after approval of the resolution setting the Housing Improvement Fee, in the
manner specified in such resolution.
Section 6. Housing Improvement Area Loan.
6.01. At any time after a contract with the Condominium Association for construction of all
or part of the Housing Improvements has been entered into or the work has been ordered, and the
period for prepayment of the Housing Improvement Fee has begun as described in Section 5.04 hereof,
the Council may begin disbursement to the Condominium Association of the proceeds of an internal
loan (the “loan”) of available City funds in the principal amounts necessary to finance the cost of the
Housing Improvements that have not been prepaid, together with administrative costs.
6.02. The City may refinance the loan or any unpaid portion of the loan at any time by
issuing its bonds secured by Housing Improvement Fees, as authorized pursuant to Section 428A.16 of
the Act.
Section 7. Annual Reports.
7.01. On March 1, 2011, and each March 1, thereafter until there are no longer any
outstanding obligations issued under the Act in connection with the Sunset Ridge Condominium
Meeting of October 5, 2009 (Item No. 6c) Page 16
Subject: Public Hearing Sunset Ridge Condominium HIA
Association Housing Improvement Area, Sunset Ridge Condominium Association (and any successor
in interest) shall submit to the City Clerk a copy of the condominium association's audited financial
statements.
7.02. The Condominium Association (and any successor in interest) shall also submit to the
City any other reports or information at the times and as required by any contract entered into between
that entity and the City.
Section 8. Notice of Right to File Objections.
8.01. Within five days after the adoption of this ordinance, the City Clerk is authorized and
directed to mail to the owner of each housing unit in the Sunset Ridge Condominium Association
Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed
Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the
housing units within the Sunset Ridge Condominium Association Housing Improvement Area file a
written objection with the City Clerk before the effective date of this ordinance; and notice that a copy
of this ordinance is on file with the City Clerk for public inspection.
Section 9. Amendment.
9.01. This ordinance may be amended by the Council upon compliance with the public
hearing and notice requirements set forth in Section 428A.13 of the Act.
Section 10. Effective Date.
10.1. This ordinance shall be effective 45 days after adoption hereof.
Read, approved and adopted and ordered published at a regular meeting of the City Council of
the City of St. Louis Park on October 19, 2009.
Reviewed for Administration: Adopted by the City Council
City Manager Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney
Meeting of October 5, 2009 (Item No. 6c) Page 17
Subject: Public Hearing Sunset Ridge Condominium HIA
EXHIBIT A TO ORDINANCE NO. ____-09
Legal description
Lot 1, Block 1, FARRS SUNSET RIDGE, according to the plat thereof on file and of record in the
office of the County Recorder in and for Hennepin County, Minnesota.
Meeting of October 5, 2009 (Item No. 6c) Page 18
Subject: Public Hearing Sunset Ridge Condominium HIA
RESOLUTION NO. 09-____
RESOLUTION APPROVING A HOUSING IMPROVEMENT FEE FOR
THE SUNSET RIDGE CONDOMINIUM ASSOCIATION HOUSING
IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES,
SECTIONS 428A.11 to 428A.21.
BE IT RESOLVED by the City Council of the City of St. Louis Park as follows:
Section 1. Recitals.
1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections
428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which
housing improvements are made or constructed and the costs of the improvements are paid in whole or
in part from fees imposed within the area.
1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area
policy on July 16, 2001.
1.03. By Ordinance No. ______ adopted on the date hereof (the "Enabling Ordinance"), the
Council has established the Sunset Ridge Condominium Association Housing Improvement Area in
order to facilitate certain improvements to property known as the "Sunset Ridge Condominium
Association", all in accordance with the Housing Improvement Area policy.
1.04. In accordance with Section 428A.12 of the Act, owners of at least 25 percent of the
housing units within the Sunset Ridge Condominium Association Housing Improvement Area have
filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing
improvement fee for the Sunset Ridge Condominium Association Housing Improvement Area.
1.05. The Council has on October 5, 2009 conducted a public hearing, duly noticed in
accordance with Section 428A.13 of the Act, regarding adoption of this resolution at which all persons,
including owners of property within the Sunset Ridge Condominium Association Housing
Improvement Area, were given an opportunity to be heard.
1.06. The Council finds that the Sunset Ridge Condominium Association Housing
Improvement Area meets each of the approval criteria contained in the Housing Improvement Area
Policy (listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association
owners support the project and the Housing Improvement Area financing.
1.07. Prior to the date hereof, Sunset Ridge Condominium Association (the "Condominium
Association") has submitted to the City a financial plan prepared by Reserve Advisors, Inc., an
independent third party, acceptable to the City and the Condominium Association, that provides for
the Condominium Association to finance maintenance and operation of the common elements in the
Sunset Ridge Condominium Association and a long-range plan to conduct and finance capital
improvements therein, all in accordance with Section 428A.14 of the Act.
Meeting of October 5, 2009 (Item No. 6c) Page 19
Subject: Public Hearing Sunset Ridge Condominium HIA
1.08. For the purposes of this Resolution, the terms "Sunset Ridge Condominium
Association Housing Improvement Area" and "Housing Improvements" have the meanings provided in
the Enabling Ordinance.
Section 2. Housing Improvement Fee Imposed.
2.01. The City hereby imposes a fee on each housing unit within the Sunset Ridge
Condominium Association Housing Improvement Area (the "Housing Improvement Fee"), as specified
in Exhibit A attached hereto, which Housing Improvement Fee is imposed for Common Elements
based on the square footage (percentage of undivided ownership) of each unit, and imposed for Limited
Common Elements based on the actual cost of windows and doors for each unit, all as prescribed in the
Declaration Establishing a Plan For Apartment Ownership Pursuant to the Minnesota Uniform
Condominium Act for Sunset Ridge Condominium.
2.02. The Council hereby finds that the Housing Improvement Fee for the Common
Elements is imposed on the basis of square footage of each unit, and that the basis for imposing the
Housing Improvement Fee for the Limited Common Elements is more fair and equitable than a fee
based on square footage or tax capacity. This finding is based on the reasoning set forth in the
Memorandum to the Council from City staff dated September 9, 2009 and on file with the City Clerk,
which Memorandum is incorporated herein by reference.
2.03. The owner of any housing unit in the Sunset Ridge Condominium Association
Housing Improvement Area may prepay the Housing Improvement Fee in total and without interest
thereon between the effective date of this resolution and March 31, 2010. The amount of the
prepayment is shown under the headings Total Prepayment Fee in Exhibit A. Partial prepayment of the
Housing Improvement Fee shall not be permitted. Prepayment must be made to the City Treasurer.
After expiration of the prepayment period on March 31, 2010, owners may not prepay any portion of
the Annual Fee.
2.04. If the Total Prepayment Fee is not paid between the effective date of this resolution and
March 31, 2010, the Housing Improvement Fee shall be imposed as an annual fee, in the amount
shown under the heading Annual Fee in Exhibit A. The Housing Improvement Fee shall be imposed in
equal installments, beginning in 2011, for a period no greater than 20 years after the first installment is
due and payable. The Annual Fee shall be deemed to include interest on the unpaid portion of the total
Housing Improvement Fee. Interest shall begin to accrue on January 1, 2011 at an annual interest rate
of 5.89 percent per annum. The Annual Fee shall be structured such that estimated collection of the
Annual Fee will produce at least five percent in excess of the amount needed to meet, when due, the
principal and interest payments on the Housing Improvement Fee.
2.04. Unless prepaid between the effective date of this resolution and March 31, 2010, the
Housing Improvement Fee shall be payable at the same time and in the same manner as provided for
payment and collection of ad valorem taxes, as provided in Minnesota Statutes, Sections 428A.15 and
428A.05. As set forth therein, the Housing Improvement Fee is not included in the calculation of levies
or limits on levies imposed under any law or charter.
Meeting of October 5, 2009 (Item No. 6c) Page 20
Subject: Public Hearing Sunset Ridge Condominium HIA
2.05 A de minimis fee may be imposed by Hennepin County for services in connection to
administration required in order for the fee to be made payable at the same time and in the same
manner as provided for payment and collection of ad valorem taxes.
Section 3. Notice of Right to File Objections.
3.01. Within five days after the adoption of this Resolution, the City Clerk is authorized and
directed to mail to the owner of each housing unit in the Sunset Ridge Condominium Association
Housing Improvement Area: a summary of this Resolution; notice that owners subject to the Housing
Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing
units within the Sunset Ridge Condominium Association Housing Improvement Area file a written
objection with the City Clerk before the effective date of this Resolution; and notice that a copy of this
Resolution is on file with the City Clerk for public inspection.
Section 4. Effective Date.
4.01. This Resolution shall be effective 45 days after adoption hereof.
Section 5. Filing of Housing Improvement Fee.
5.01. The City Clerk shall file a certified copy of this resolution together with a final update of
Exhibit A hereto to the Hennepin County Director of Taxation to be recorded on the property tax lists
of the county for taxes payable in 2011 and thereafter.
Approved by the City Council of the City of St. Louis Park this 19h day of October 2009.
Reviewed for Administration: Adopted by the City Council
City Manager Mayor
Attest:
City Clerk
Meeting of October 5, 2009 (Item No. 6c) Page 21
Subject: Public Hearing Sunset Ridge Condominium HIA
EXHIBIT A TO RESOLUTION NO. 09-____
Meeting of October 5, 2009 (Item No. 6c) Page 22
Subject: Public Hearing Sunset Ridge Condominium HIA
Meeting of October 5, 2009 (Item No. 6c) Page 23
Subject: Public Hearing Sunset Ridge Condominium HIA
Meeting Date: October 5, 2009
Agenda Item #: 8a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Excelsior Blvd Roadway Improvement and Streetscape Project Approvals - Project No. 2004-0420.
RECOMMENDED ACTION:
Motion to Adopt Resolution approving project and entering into a Construction Cooperative
Agreement with Hennepin County for Excelsior Boulevard Roadway Improvement and Streetscape
Project, City Project No. 2004-0420, and authorizing the Mayor and City Manager to execute the
Agreement.
Motion to Adopt Resolution approving the donation of city owned parcels for right of way and
easement purposes to Hennepin County for the Excelsior Boulevard Roadway Improvement and
Streetscape Project, City Project No. 2004-0420.
POLICY CONSIDERATION:
Does the City Council wish to continue to take the necessary steps to keep this project on schedule
for construction commencing in 2010?
BACKGROUND:
History
In 2002, the Hennepin County Transportation Department began the process of developing plans
for the reconstruction of Excelsior Boulevard from Xenwood Avenue (Highway 100) west to
Louisiana Avenue. The purpose of the project is to improve vehicular and pedestrian safety, improve
capacity for vehicles, restore the pavement to an adequate condition, and add
streetscaping/landscaping to create a more attractive pedestrian environment.
As part of the plan development process, several meetings were held with residents, businesses,
Council, and staff. This process eventually led to approval of the preliminary layout by the City
Council in May of 2005. The layout approved was based on the input and suggestions received
from all of the stakeholders throughout that process.
The Hennepin County Transportation Department has completed the final plans for the next phase
of the Excelsior Boulevard improvements (Dakota Avenue to Louisiana Avenue – see attached
layout). Similar to the last phase completed in 2008, the final phase from Dakota Avenue to
Louisiana Avenue will continue with a similar reconstruction, including streetscaping enhancements,
water main replacement and storm sewer improvements, including a portion along Dakota Avenue
north of Excelsior Boulevard. This phase also includes replacement of the bridge over Minnehaha
Creek which will require the closure of Excelsior Boulevard for a period of time.
Meeting of October 5, 2009 (Item No. 8a) Page 2
Subject: Excelsior Blvd Roadway and Streetscape Project Approvals - Project No. 2004-0420
During the project development of the previous phase (Xenwood to Dakota Avenue), a special
service district was established to provide for the maintenance activities required for the upkeep of
the streetscape elements. The district includes the area from Xenwood to Louisiana Avenue.
The project was originally scheduled to commence construction in the spring of 2009 but was
delayed to the spring of 2010 by Hennepin County to better accommodate their regional bridge
construction program schedule (influenced by the Interstate 35W bridge collapse).
Recent Activities
A public informational meeting was held on June 24, 2009 in the City’s Council Chambers. Over
2100 invitations were sent to residents and business owners in the Brookside, Creekside,
Meadowbrook, Brooklawns and Elmwood Neighborhoods. The purpose of the meeting was to
present final plans of the project, discuss impacts during construction, and gather final input and
comments from the public. Turnout at the meeting was light with only ten people attending (see
attached attendance list). Staff from both the City and Hennepin County presented information on
the project and answered questions for those attending. Staff has received two written comments
about the project since the meeting. Both comments expressed concerns regarding loss of access at
Dakota Avenue and to the homes along the south side of Excelsior Blvd. west of Colorado Avenue
due to the planned roadway median.
Hennepin County has completed the final plans. Mn/DOT has reviewed the plans and provided
comments for minor corrections. The city has assisted in the preparation of the plans for the
streetscaping work and water main work through use of our consultants. The plans and
specifications are ready for bidding pending all necessary agency approvals by November this year.
Construction is scheduled to commence in April 2010.
Final plans, costs and the project schedule were discussed at the September 29th Study Session where
Council expressed concerns over work zone traffic and the length of time required for the bridge
replacement/closure of Excelsior Boulevard. Council requested road closures be minimized to the
extent possible. Based on Council questions and concerns, Hennepin County staff has provided the
following information:
• Dakota Avenue will be closed to thru traffic at CSAH 3 during one of three stages due to
storm sewer placement along the east side of Dakota Avenue and reconstruction of CSAH 3
on the north side. This work closure will keep the neighborhood traffic from driving thru
the CSAH 3 construction work during that stage. The contractor will be required to
coordinate his work to allow resident access to the driveways on Dakota Avenue.
• Pedestrian and bicycle access to Methodist Hospital will be coordinated by the contractor as
required in the special provisions. During switching from one work stage to the next there
will be short periods of time that access is not feasible.
• Metro Transit currently has a scheduled bus stop on the Methodist Hospital property and
per recent discussions Metro Transit will coordinate with Methodist Hospital to route the
CSAH 3 westbound scheduled routes through their property. Eastbound scheduled routes
will be coordinated by Metro Transit and are yet to be determined.
Meeting of October 5, 2009 (Item No. 8a) Page 3
Subject: Excelsior Blvd Roadway and Streetscape Project Approvals - Project No. 2004-0420
• The bridge removal was revisited with the same conclusion. The under lying bridge
structure will not sustain the traffic loading if half the bridge is removed. Therefore, the
entire bridge must be removed all at the same time.
• The areas north and south of the bridge were revisited for the possibility of providing
temporary traffic bypasses instead of detouring traffic to the State Highway System. The
same conclusion was reached that the natural areas are sensitive with Minnehaha Creek and
wetlands to the north and a Minneapolis Park to the south; the surrounding topography, i.e.
buildings, trees, bus shelters, terrain, etc., isn't conducive for the required approaches to
shifting traffic lanes; traffic lanes would be cut in half to one in each direction which in itself
is inherent to capacity reduction, an increase in delay, and long backups; the cost to build
temporary bridges and bypasses is prohibitive; and the project needs a work staging area on
each side of Minnehaha Creek to drive bridge piling, form and pour concrete bridge
footings, and store construction materials and equipment.
• The road closure duration was revisited with the determination that it can be shortened by
two weeks to July 2, 2010. The project special provisions will require two traffic lanes, one
in each direction, by July 2, 2010. The surface material and location within the bridge
width will be coordinated by the contractor and county construction project engineer. This
provision will allow the contractor to determine and provide methods of construction to
meet the July 2, 2010 deadline. Possible methods which could be used to meet the deadline
include longer work days, working seven days per week, providing additional workers, and
additional equipment. The provision will include liquidated damages for failure to complete
work on time. This requirement will likely result in higher project bid prices.
Hennepin County is planning for the road closure to begin at the onset of the project in mid-April
of 2010. During the Excelsior Boulevard closure, the official detour route will direct regional traffic
around the project area via Hwy 169, I-394 and Hwy 100. With the TH 7/Wooddale Avenue
Interchange project underway, the Excelsior Blvd closure will complicate local traffic patterns. TH 7
will remain open at all times during the interchange construction; however there will be periods of
temporary lanes closures or reduced travel lanes on TH 7. During the construction of these two
projects, local traffic will seek alternate east-west routes based on driver needs. Likely alternates
include TH 7 and Minnetonka Blvd. To aid travelers in our area, the three agencies involved with
these two projects, Mn/DOT, Hennepin County and the City, will provide increased media reports
during the on-going construction. Mn/DOT has assigned a Public Affairs Coordinator to the
interchange project. Mn/DOT will provide reports and project updates through their website and
various media outlets including television news, radio and newspaper. Hennepin County has similar
plans. City staff will coordinate with both agencies to provide additional information to St. Louis
Park residents using the city website, Park TV, Park Perspective, local cable television and other local
media outlets.
As part of the project approval process the City and County will need to execute a Construction
Cooperative Agreement. The Cooperative Agreement for this project is consistent with similar
agreements already established for previous completed phases within the Excelsior Blvd corridor.
Meeting of October 5, 2009 (Item No. 8a) Page 4
Subject: Excelsior Blvd Roadway and Streetscape Project Approvals - Project No. 2004-0420
The agreement provides for the following:
• The County will advertise, receive bids and enter into a contract with the successful bidder
• The County will administer the contract and inspect the project
• The City will participate in the cost of the contracted construction work
• The City will grant property rights to the County over land owned by the City that are part
of the required right or way and easements needed for the Project
• The County will acquire all additional right of way and easements for the Project and the
City shall share in fifty (50) percent of these costs.
• The City will proportionately share in the design and construction engineering costs.
• The City will share in fifty (50) percent of the cost of the new traffic signals.
• The County, through its Roadside Enhancement Partnership Program (REPP), will
participate in a proportionate share of the landscape and streetscape costs.
• Upon completion of the project, the County will maintain the roadway surface and traffic
signal systems, the City will maintain the walk areas, fencing street and pedestrian lighting
landscape and streetscape elements.
The agreement has been reviewed and found to be acceptable by the City Attorney.
During the project development, the County has worked to acquire additional right of way and
easements as needed from adjacent property owners. Seven (7) parcels are needed for either
permanent and/or temporary easements, two (2) of which are owned by the City. These two parcels
are essentially small portions of City owned property immediately adjacent to Minnehaha Creek
needed for the bridge construction and relocation of utilities. Based on the terms of the Cooperative
Agreement, the City will agree to donate these parcels to Hennepin County as part of the required
right of way and easements needed for the Project.
Project Schedule
The following project schedule has been proposed by Hennepin County:
Council Approval of Final Plans and Construction Agreement October 5, 2009
Hennepin County Board Approvals and Mn/DOT Approvals September to November 2009
Advertise for Bids November/December 2009
Bid Opening December, 2009
Award Construction Contract February, 2010
Commence Construction April, 2010
Project Completion October 10, 2010
FINANCIAL OR BUDGET CONSIDERATION:
In accordance with the County’s Cost Participation Policy and the Cooperative Agreement, the City
will be expected to pay for a portion of the project costs including road construction, streetscaping,
water main replacement work, and right-of-way acquisition.
Meeting of October 5, 2009 (Item No. 8a) Page 5
Subject: Excelsior Blvd Roadway and Streetscape Project Approvals - Project No. 2004-0420
The total estimated cost of the project is $5,064,000.00 with the city’s share estimated at
$1,764,000.00. The City’s share of the construction cost is due primarily to the streetscape work
and the replacement of a large trunk water main. Approximately one-third of the City’s share of
streetscape costs will be funded from Hennepin County Roadside Enhancement Partnership
Program (REPP) funds. City funding sources include HRA Levy Funds, Utility Funds, and
Methodist Hospital for 50% of the cost of a new signal at their Excelsior Blvd entrance. A
breakdown of the project expenditures and funding is as follows:
Expenditures
Construction $4,210,000.00
Right of Way $500,000.00
Preliminary Engineering/Admin $55,000.00
Construction Engineering/Admin $100,000.00
Consultant Engineering (Streetscape and Water Main plans) $89,000.00
Contingencies for the City (10% of City’s construction share) $111,000.00
Total $5,065,000.00
Funding Sources
Hennepin County Funds $3,300,000.00
HRA Levy Funds $1,330,000.00
Utility Funds $360,000.00
Methodist Hospital (Developer’s Agreement for signal costs) $75,000.00
Total $5,065,000.00
VISION CONSIDERATION:
The improvement considers the Vision Elements under Transportation that supports a
transportation system that is safe for its users and neighbors, supports pedestrian and bicycle travel,
and strives to be simple, convenient, safe, and inexpensive for everyone.
Attachments: Resolution – Approve Project and Cooperative Agreement
Resolution – Grant Right of Way and Easements to County
Project Layout
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Mike Rardin, Public Works Director
Scott Brink, City Engineer
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 8a) Page 6
Subject: Excelsior Blvd Roadway and Streetscape Project Approvals - Project No. 2004-0420
RESOLUTION NO. 09-____
RESOLUTION APPROVING PROJECT AND ENTERING INTO A CONSTRUCTION
COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR EXCELSIOR
BOULEVARD ROADWAY IMPROVEMENT AND STREETSCAPE PROJECT, CITY
PROJECT NO. 2004-0420
WHEREAS, Hennepin County has completed plans for the reconstruction of Excelsior
Boulevard (CSAH 3) from Dakota Avenue South to Louisiana Avenue South; and
WHEREAS, The City of St. Louis Park has expressed its desire to participate in said
reconstruction of Excelsior Boulevard; and
WHEREAS, The City Council of the City of St. Louis Park approved a preliminary design
layout for the reconstruction project on May 16, 2005; and
WHEREAS, Hennepin County has completed preparation of final construction plans; and
WHEREAS, Hennepin County has prepared a Cooperative Agreement outlining cost
participation responsibilities of the County and the City of St. Louis Park.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. Final construction plans and specifications for the reconstruction of Excelsior Boulevard (Dakota
Avenue South to Louisiana Avenue South), referenced as City Project No. 2004-0420, are
approved.
2. The Mayor and City Manager are authorized to sign Cooperative Agreement No. PW 25-05-09
on behalf of the City of St. Louis Park.
Reviewed for Administration: Adopted by the City Council October 5, 2009
City Manager
Mayor
Attest:
City Clerk
Meeting of October 5, 2009 (Item No. 8a) Page 7
Subject: Excelsior Blvd Roadway and Streetscape Project Approvals - Project No. 2004-0420
RESOLUTION NO. 09-____
RESOLUTION APPROVING THE DONATION OF CITY OWNED PARCELS FOR
RIGHT OF WAY AND EASEMENT PURPOSES TO HENNEPIN COUNTY FOR THE
EXCELSIOR BOULEVARD ROADWAY IMPROVEMENT AND STREETSCAPE
PROJECT, CITY PROJECT NO. 2004-0420
WHEREAS, the City and Hennepin County are planning for the reconstruction of Excelsior
Boulevard (CSAH 3) from Dakota Avenue South to Louisiana Avenue South referred to hereinafter
as the “Project”; and
WHEREAS, The City of St. Louis Park is willing to participate in the right of way,
construction, engineering and maintenance costs of the Project; and
WHEREAS, The City owns certain properties that are part of the required right of way and
easements for the Project.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The City agrees to grant property rights to Hennepin County over those lands that are owned by
the City and are part of the required right of way and easements for the Project.
2. The Mayor and City Manager are authorized to sign needed documents for the property
donation.
Reviewed for Administration: Adopted by the City Council October 5, 2009
City Manager
Mayor
Attest:
City Clerk
Meeting of October 5, 2009 (Item No. 8a)
Subject: Excelsior Boulevard Roadway and Streetscape Project Approvals - Project No. 2004-0420 Page 8
Meeting Date: October 5, 2009
Agenda Item #: 8b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Urban Reforestation Program Policy.
RECOMMENDED ACTION:
Staff recommends approving the Urban Reforestation Program and Policy using the land sale
proceeds to pay for the cost of implementing the program.
POLICY CONSIDERATION:
Is the proposed policy in keeping with the City Council’s intent and direction from the July 13th
Study Session relating to the use of land sale proceeds for a more aggressive urban reforestation
program?
BACKGROUND:
At the March 23rd Study Session, three ideas for the use of the excess land sale proceeds were
discussed. The options were identified based on a desire to use the funds for something of lasting
impact, to address unmet needs, and to be consistent with the city’s Vision. From this discussion
the Council asked that staff survey the community via the city’s website for ideas and reactions. On
July 13th staff presented the findings of the survey and recommended the city use the excess land
sale proceeds for a boulevard tree replacement program. The Council reacted favorably to this
recommendation and staff was asked to bring back a more specific policy for Council consideration.
On September 14th staff provided a draft of an Urban Reforestation Program Policy to the Council
as a Study Session Report.
Attached is a proposed final draft of the policy regarding the use of the excess land sale proceeds for
an Urban Reforestation Program.
FINANCIAL OR BUDGET CONSIDERATION:
Cost of Program Implementation
Currently the city has $428,000 from the sale of property. With the receipt of the city’s share of
revenue from Hennepin County for the tax forfeited property, the total land sale proceeds will be
$565,526. This proposed program would use land sale proceeds to primarily replace boulevard trees,
although trees in parks and public areas would qualify. The intent is that this program would
supplement funds already budgeted for tree planting versus replacing what we already spend. Using
this money allows the City of St. Louis Park to be more aggressive in its urban reforestation
program. We are currently falling behind on replacing trees that have to be removed. Utilizing this
money would allow the city to catch up with the trees that have been removed and not replaced.
Meeting of October 5, 2009 (Item No. 8b) Page 2
Subject: Urban Reforestation Program Policy
Over the last 10 to 12 years on an annual average, 340 boulevard trees have been removed and 225
boulevard trees replaced. The incidence of Dutch Elm Disease (DED) has been very high, as well as
an increase in non-DED removals due to drought and insects. Trees are also being removed that
pose hazards. We have approximately 1,150-1,380 fewer trees on public property in the city than we
did 10 to 12 years ago.
In addition to our current deficit of trees being replanted, the city is faced with the imminent threat
of the Emerald Ash Borer (EAB) which could potentially kill all 4,000 boulevard ash trees. Our ash
trees are scattered for the most part, but there are several areas where it is strictly Green Ash planted
one after the other so there will be pockets completely void of trees when EAB comes through the
city.
The average cost of purchasing, transporting, planting and maintaining a tree today is $300. We
have proposed to continue spending $60,000 from our Park Improvement Fund Capital
Improvement Program (CIP). This allows us to plant about 200 trees each year. In addition to these
funds, staff is proposing that funds from the excess land sale proceeds be put into a separate fund
that is used to assist in covering the costs of maintaining our urban forest on public properties. We
would like to replace all of the trees that have been lost in the previous years, as well as maintaining a
program that guarantees a 1-to-1 replacement of trees. Rather than only being able to plant 200
trees a year, we propose planting 300 to 400 trees each year using the land sale proceeds to
supplement our current spending from the CIP. Having said that, the Council would have the final
say as to how much will be budgeted for tree replacement.
VISION CONSIDERATION:
This item falls in line with Vision: St. Louis Park as committed to being a leader in environmental
stewardship. We will increase environmental consciousness and responsibility in all areas of city
business.
Attachments: Urban Reforestation Program Policy
Prepared by: Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting of October 5, 2009 (Item No. 8b) Page 3
Subject: Urban Reforestation Program Policy
St. Louis Park
Urban Reforestation Program Policy
PURPOSE:
The purpose of the Urban Reforestation Policy is to provide a healthy and diverse tree population
and support the City’s vision regarding environmental stewardship.
DEFINITION:
Urban Reforestation is the continuation of planting and maintaining trees in our city.
USE OF FUNDS:
The goal of the City’s Urban Reforestation Program is to provide a healthy and diverse tree
population and support the City’s Vision regarding environmental stewardship. The funds will be
used as follows:
a) To plant trees along boulevards, at the Nature Center and in parks to replace trees which
have been removed and not replaced due to past budget constraints.
b) To provide a one-for-one tree replacement which means that a tree is planted to replace
every public tree that is lost (if feasible and possible).
c) To fill the empty places along boulevards where trees had not been planted in the past.
d) To maximize diversity of our urban forest by planting no more than 15% of one tree species.
The greater the diversity of tree species, sizes and conditions, the healthier the community
forest. This will also prevent future large-scale losses in trees due to infestation of pests.
Species are typically rotated as much as possible per block trying to mix species so the same
species are not adjacent to one another.
e) To plant native trees where possible. This minimizes the detrimental effects of exotic species.
f) To optimize natural aesthetic and wild life habitat.
g) Primarily used for boulevard trees although trees in parks and public areas would qualify.
h) Replace trees lost due to imminent diseases such as Emerald Ash Borer.
SOURCE OF FUNDS:
The money currently obtained from land sale proceeds and the money that is yet to come in as
future sites are sold, will be put in a reforestation fund. This fund will be located within the Park
Improvement Fund and will accrue interest on the amount not yet spent.
a) As trees are removed from boulevards, parks or other City owned properties, the City
Manager, or designee, may approve expending funds from this account for the purchase and
planting of new trees within the parameters of the budget set by the City Council.
b) If new programs aimed at providing funds for trees arise, the money from those programs
will be put into this fund with the same guidelines attached.
c) The use of these funds will supplement and not replace funds previously budgeted for tree
planting on public property
A reforestation plan and budget will be established each year and approved by the City Council
through the annual budget approval process.