Loading...
HomeMy WebLinkAbout2008/06/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA CITY COUNCIL MEETING COUNCIL CHAMBERS 7:30 P.M. JUNE 16, 2008 7:15 p.m. ECONOMIC DEVELOPMENT AUTHORITY 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. EPA Highway 7 and Wooddale Avenue Vapor Intrusion Investigation Presentation 3. Approval of Minutes 3a. City Council Special Study Session Minutes May 19, 2008 3b. City Council Study Session Minutes May 27, 2008 3c. City Council Special Study Session Minutes June 2, 2008 3d. City Council Minutes June 2, 2008 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the agenda as presented and to approve items on the consent calendar. (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar.) 5. Boards and Commissions 5a. Reappointment of Citizen Representatives to Boards and Commissions Recommended Action: Motion to reappoint Commissioners as city representatives. Meeting of June 16, 2008 City Council Agenda 6. Public Hearings -- None 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Creation of Westmoreland Hills Owners’ Association Housing Improvement Area (HIA) Recommended Action: That the following three actions be taken for the implementation of the housing improvement area project: 1. Motion to adopt Second Reading of Ordinance to establish the Westmoreland Hills Owners’ Association Housing Improvement Area, approve summary, and authorize publication. 2. Motion to approve Resolution to impose fees. 3. Motion to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and Westmoreland Hills Owners’ Association 8b. Liquor Licensees - 4 a.m. Closing during 2008 Republican National Convention Recommended Action: Motion to approve Resolution allowing on-sale liquor licensees a temporary permit to serve alcohol until 4:00 a.m. for the period of September 1–5 during the 2008 Republican National Convention with a fee set at $300 per establishment. 8c. Conditional Use Permit for the placement of fill material in Fern Hill Park Recommended Action: Motion to adopt Resolution approving placement of fill in Fern Hill Park with conditions. 8d. School Liaison Officer Contract Payments Recommended Action: Motion to temporarily release the St. Louis Park School District from the financial obligations outlined in the School Liaison Services contracts for St. Louis Park Junior High School and St. Louis Park Senior High School for the time period of July 1, 2008, through December 31, 2008. 9. Communication Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of June 16, 2008 City Council Agenda 4. CONSENT CALENDAR 4a. Adopt second reading of Ordinance approving vacation of a storm sewer easement at 7200 Cedar Lake Road, approve ordinance summary, and authorize publication 4b. Approve Temporary On-Sale Intoxicating Liquor License for Frank Lundberg American Legion Post 282 for Sunday, June 29, 2008 from 1:00 p.m. to 5:00 p.m. at 5605 W. 36th Street 4c. Approve Resolution imposing civil penalty for liquor license violation at Best of India, 8120 Minnetonka Boulevard occurring May 5, 2008; and Resolution imposing civil penalty for liquor license violation at Costco Wholesale, 5801 West 16th Street occurring May 6, 2008; according to the recommendation of the City Manager 4d. Approve for filing Charter Commission Minutes and 2007 Annual Report 4e. Adopt Resolution amending the equipment replacement schedule budget for 2008 and authorize staff to acquire such equipment 4f. Approve for filing Vendor Claims 4g. Approve for filing Fire Civil Service Commission February 4, 2008 Minutes 4h. Approve for filing Planning Commission May 7, 2008 Minutes 4i. Approve for filing Planning Commission May 21, 2008 Minutes St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting Date: June 16, 2008 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: U.S. Environmental Protection Agency Highway 7 and Wooddale Avenue Vapor Intrusion Investigation Presentation. RECOMMENDED ACTION: No action necessary as this is a presentation by the EPA. POLICY CONSIDERATION: None applicable. BACKGROUND: The investigation project which began with public meetings December 2007 to study and mitigate possible Volatile Organic Compound intrusion into buildings is nearing completion. Sonja Vega, On Scene Coordinator of the Emergency Response Branch of the U.S. EPA, will be providing a brief summary of the investigation, results, and next steps. A media availability session and press release has been scheduled by the U.S. EPA to occur at their St. Louis Park office on June 17th. They will also be notifying property owners within the next few weeks of a planned open house opportunity for residents to meet individually with U.S. EPA staff and discuss any remaining questions. The U.S. EPA is expected to be closing the St. Louis Park site office by the end of June. Homes with the Vapor Extraction System installed will continue to have performance sampling at 30 and 90 day intervals after system installation. All of the staff and contractors from the U.S. EPA, Minnesota Department of Health, and Minnesota Pollution Control Agency have done an excellent job communicating and working with our community throughout this project. The agencies are committed to continuing work on the source investigation phase. FINANCIAL OR BUDGET CONSIDERATION: None applicable. Meeting of June 16, 2008 (Item No. 2a) Page 2 Subject: EPA Highway 7 and Wooddale Avenue Vapor Intrusion Investigation Presentation VISION CONSIDERATION: None applicable. Attachments: None Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Meeting Date: June 16, 2008 Agenda Item #: 3a UNOFFICIAL MINUTES SPECIAL CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA MAY 19, 2008 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Paul Omodt and Loran Paprocki. Councilmembers absent: Phil Finkelstein and Susan Sanger Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Director of Inspections (Mr. Hoffman) and Recording Secretary (Ms. Schmidt). 1. Consider Modifications to Business Licensing Program Mr. Scott presented information for consideration in developing a new business license category for residential facilities. He explained the advantages, disadvantages and alternatives to any changes made to the existing program regulations. Mr. Scott further suggested keeping the maximum number of occupants at four and define short-term rental in licensing requirements. Council, staff and Mr. Scott had discussion on the concerns, options and consequences involved in modifying the existing program regulations. There was Council consensus to direct staff to 1) establish a definition of different types of group homes; 2) look at the requirements that typically fall under state licensing, such as staffing; and 3) change the zoning ordinance limit to 4 tenants in non-statutory group homes, allowing up to 6 tenants through a Conditional Use Permit (CUP). The meeting adjourned at 7:18 p.m. _____________________________________ _____________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 16, 2008 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION MAY 27, 2008 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, and Loran Paprocki. Councilmembers absent: C. Paul Carver and Sue Sanger. Staff present: City Manager (Mr. Harmening), Finance Director (Mr. DeJong), Director of Public Works (Mr. Rardin), Assistant Finance Director (Mr. Swanson), Accountant (Ms. Monson), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – June 2, 2008 and June 9, 2008 Mr. Harmening presented the proposed agenda for a special Study Session on June 2, 2008, to discuss the proposed dangerous dog ordinance and community open house concept. He stated the City Attorney has received all comments on the dangerous dog ordinance and Mr. Scott and Police Chief Luse will present another draft of the ordinance. He indicated staff will also present the concept of conducting a Community Open House event in 2009 to coincide with Parktacular and the Fire Department open house; he added the event is intended to make a special effort to invite those residents and businesses new to the community. Councilmember Finkelstein encouraged staff to have invitations for the event printed in Hmong and Spanish. Mr. Harmening presented the proposed agenda for the Study Session on June 9, 2008. He stated the auditors will be in attendance to present the 2007 audit; other agenda items include Al’s TIF application and a Highway 100 reconstruction update. 2. Financial Management Plan and Planning for 2009 Budget Update Mr. Harmening outlined the benefits of long range planning, including a shared understanding of priorities, stabilized financial decision making, enhanced communication with the public, and instilling confidence that the City is addressing its most urgent priorities. Mr. DeJong presented a detailed overview of assumptions in the financial management plan and noted the projections are based on the best information available at the present time. He added that no new staff or programs are included in the assumptions. Meeting of June 16, 2008 (Item No. 3b) Page 2 Subject: Study Session Minutes May 27, 2008 Councilmember Paprocki stated he felt it was important to have a plan for getting rid of old programs that may be under-performing or that are not cost-effective and to retain the ability to add new programs. Mr. DeJong stated the rate of inflation is estimated at 3% and interest earnings are set at 4%; he added the fund balance is targeted at 40% of expenditures. He indicated that debt service includes $14 million for fire station bonds wrapped around existing debt and assumes that no new GO bonds will be issued; in addition, any revenues not under the City’s control are assumed to be static (e.g., franchise fees). Mr. DeJong stated all the projections assumed that budget and actual match exactly with no budget surplus transfer to other funds. He noted that given the current economic environment, a reasonable allowance for doubtful accounts has been built into the assumptions. He stated there may be a structural imbalance between CPI and IPD that is not included in the model and the only “unwinds” are the police and fire transfers. He indicated the model does not include expending PIR or development fund balances. Mr. Harmening noted that in 2003, the City lost local government aid and used cash from other sources to fill that gap, e.g., the police and fire fund, housing rehab fund, and cable TV fund; this plan does not assume any further unwinding other than the police and fire fund. Council discussed the housing rehab fund and cable TV fund and ways to reduce the potential negative fund balances in these accounts. Mr. DeJong stated that staff has balanced expenditures to smooth the change in the tax levy; he added in order to eliminate individual fund deficits, maintain adequate fund balances, and meet all current program needs, the tax levy needs to be raised modestly faster than inflation with a range of 2.43% to 4.68%. He noted that a large increase is necessary for 2010, which is offset in large measure by the increase in tax capacity from the Excelsior Boulevard TIF district. Mr. DeJong stated the transfer of the MSC fund balance to vehicle maintenance was completed as of 2007 so the tax levies in park and recreation will increase by $25,000 per year plus inflation to balance revenues and expenditures by 2011; the park improvement fund will have a healthy balance because current park dedication fees are added directly to the bottom line. He stated the pavement management fund requires significant increases in the tax levy or franchise fees to maintain the pavement condition indicator level; he noted the model shows a doubling of the tax levy to support this fund and maintain the same level of service. Mr. DeJong stated the employee flexible benefits fund balance becomes positive at the end of 2016; this fund consists of workers’ compensation costs, unemployment costs, educational benefits, and other items that are difficult to predict from year to year. He noted these are general operating costs and staff plans to place these items into the general fund budget when revenues and expenditures are in balance. Meeting of June 16, 2008 (Item No. 3b) Page 3 Subject: Study Session Minutes May 27, 2008 Mr. DeJong presented the proposed recommendations, including increasing the tax levy gradually, carefully considering the impact of adding new programs and staff, adding a debt service levy for the 2004A TIF (Rec Center) bonds to use the added tax capacity from expiring TIF districts outside of levy limits, and fully funding ongoing expenditures with ongoing revenue sources. Mr. Harmening stated the Excelsior Boulevard TIF district amounts to approximately $700,000 per year in new tax capacity, which means the levy could be increased by that amount and would be absorbed by all the new taxes coming online from the new TIF district; staff is proposing to use that revenue to pay for the Rec Center bonds. Mr. Harmening outlined the unfunded projects, including Highway 7 and Wooddale, Highway 100, Highway 7 and Louisiana, other miscellaneous roads, and sidewalks and trails; these projects represent major infrastructure with no mechanism in place to pay for other than issuing debt and raising property taxes. He stated staff is recommending issuing TIF bonds, using the development fund balances, HRA levy proceeds, and using state and/or federal funds for the major infrastructure improvements. He noted the City will receive $7 million from the federal government for the Highway 7 and Louisiana project. Mr. DeJong presented an overview of the budget process and noted there fixed timelines pursuant to state statute which require the adoption of a preliminary budget by September 15, 2008; if a Truth in Taxation hearing is to be held, that meeting must be held during the Council’s first meeting in December. Councilmember Finkelstein asked if the budget will incorporate any of the results from the energy audit, particularly related to fuel costs. Mr. DeJong stated staff is currently working with the top fuel users to review fuel inventory and usage; fuel costs are obviously higher than last year and he noted some of the increased consumption is due to a number of late snowstorms this year. He stated they will determine the average use per vehicle and make predictions based on that data. Mr. DeJong stated City staff is working to communicate more with department directors, to simplify the spreadsheet structure to allow Finance to more easily manipulate the data, and to adhere to stricter time limits to make sure the Council sees pertinent information in a timely manner. Councilmember Paprocki requested the budget include brief footnotes on why a particular expenditure has significantly increased. Mr. DeJong presented information from the League of Minnesota Cities on estimating the 2009 tax levy limit and stated the City can increase the 3.9% levy by one-half of the percentage increase in new commercial industrial construction and by one-half of the percentage increase in the number of households; in total, the City would be at 5.5-6% for its total allowable levy increase above and beyond any debt levies. He added the Council has the ability to set the levy. Meeting of June 16, 2008 (Item No. 3b) Page 4 Subject: Study Session Minutes May 27, 2008 Mr. Harmening stated another way to present the budget is to ask department heads to prepare a budget at the same levy of service, as well as a budget, which incorporates reductions; at that point, the Council could review both budget scenarios to help in its decision-making process. Mayor Jacobs stated he preferred to see the budget presented on a case-by-case basis. Councilmembers Basill and Paprocki concurred. Councilmember Paprocki reiterated his request that the assumptions include an amount for new programs and felt the Council can make decisions based on programs and not just by dollar amounts. Mr. DeJong presented the “wish list” presented by the School District following the recent joint meeting. Mayor Jacobs stated he did not agree with item #6 on the School District’s wish list relative to field artificial turf and building. He also did not agree with item #3 for utilities and the custodian at Lenox; he added the City already spends $165,000 per year for Lenox and did not feel any additional funds should be supplied. He stated he did not agree with item #4 for the social workers. He stated with respect to sidewalk installation, that item should be a City expense. He noted the police liaison officer program has been very successful and should continue to be funded. Councilmember Basill stated the Lenox is the City’s community center and felt if the City could help in this regard, he would not have a problem with it. He indicated the artificial turf and buildings represent a significant expense for the School District and he felt if the City can provide some funding assistance, the entire City will benefit. Councilmember Omodt stated he was in agreement with item #2 regarding the police liaison officers. He stated he felt the City did a better job on lawn care than the School District. He stated he was in agreement with item #3 with respect to Lenox. He stated he was not in agreement with item #4 regarding social workers. He indicated the election costs (item #5) could be covered by the City. With respect to the artificial turf and buildings (item #6), he concurred with Councilmember Basill’s comments and stated this location represents a gathering spot and he is open to exploring this with the School District. He indicated he would like to see a proposal regarding junior high athletics (item #8). Finally, he stated he did not feel the sidewalk installation (item #9) should be the School District’s responsibility. Mr. Harmening stated he reviewed the wish list with Mr. Scott and noted that the City is authorized to spend dollars for certain public things that benefit the community. He stated that Mr. Scott indicated the City could cover the police liaison and the Lenox as long as it is a community center type of facility; Mr. Scott indicated the social worker expense is likely not something the City can cover. He stated that Mr. Scott felt the election costs and junior high athletics could probably be covered, and the field artificial turf could probably be covered if the community benefit could be demonstrated. He stated that Mr. Scott opined that the custodian at Eliot (item #7) likely could not be covered. He stated that the sidewalk installation should be a City expense, and finally, Mr. Scott wanted to give further consideration to item #1 with respect to snow plowing and lawn care on School District property. Meeting of June 16, 2008 (Item No. 3b) Page 5 Subject: Study Session Minutes May 27, 2008 Councilmember Finkelstein stated his agreement with items #2 (police liaison officers), #3 (Lenox), and #9 (sidewalk installation). He stated he was not yet sure about items #6 (field artificial turf) and #8 (junior high athletics). Councilmember Paprocki stated he felt the City should help where it can and added if the City can run their programs cheaper, it should. He stated he appreciated the comments about the field artificial turf and buildings, but this represents a significant cost and the City has to say no somewhere, adding it is difficult to explain to residents that there is not enough money to build an overpass while the City provides money to the School District for turf. Mayor Jacobs concurred. Mr. Harmening stated it is clear that Council has expressed a desire to work with the School District and to provide funding where appropriate and to continue the conversations with the School District. He stated the School District has indicated their fiscal year begins July 1st and suggested if Council wants to do something short term, the police liaison officers would be an appropriate expenditure at this time, as well as funding for election costs. He added the sidewalk installation could be reviewed in the context of the overall sidewalk and trails plan. Councilmember Omodt left the meeting at 8:04 p.m. It was the consensus of Council to direct staff to provide the School District with funding for the police liaison officers (item #2) and election costs (item #5) and to continue discussions with the School District with respect to the remaining items on the wish list. The Council expressed their appreciation to Mr. DeJong and his staff for their work on the financial management plan and 2009 budget. 3. Hwy. 7 and Wooddale Avenue Grade Separated Crossing Schedule and Financing/ STEP Lease Mr. Harmening presented the staff report and requested feedback from Council on timing of the bid letting and financing for the project. In addition, the City received a request from STEP for an extension of their lease pending completion of their permanent space at Lutheran Church of the Reformation in fall 2009. He stated if STEP is required to vacate their current space by January 2009, they will require temporary space. Mayor Jacobs stated one option for financing the project is using existing City funds and then having Mn/DOT reimburse the City for $1 to $1.5 million. He added that the County will also be requested to provide some funding. Mr. Harmening noted that in terms of Mn/DOT funds, Mn/DOT would ask the City to front end their funding (currently being considered at about $1,000,000) and Mn/DOT is also considering providing construction engineering and administrative services for the project (equivalent to possibly $1.5 to $2 million) . Meeting of June 16, 2008 (Item No. 3b) Page 6 Subject: Study Session Minutes May 27, 2008 Councilmember Finkelstein stated it did not make financial sense to delay the project and felt the City could work with STEP on finding them a temporary location. Councilmembers Basill and Paprocki concurred. Mr. Rardin explained the timing of the bid letting and access to federal funds. Council and staff had discussion about the construction schedule and lease with STEP. Mr. Harmening stated that a lease amendment with STEP will be presented for Council review in June. 4. Communications (Verbal) None. The meeting adjourned at 8:26 p.m. Written Reports provided and documented for recording purposes only: 5. April 2008 Monthly Financial Reports 6. Fire Station Site Acquisition Process Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 16, 2008 Agenda Item #: 3c UNOFFICIAL MINUTES SPECIAL CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA June 2, 2008 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver via phone, Phil Finkelstein, Paul Omodt and Susan Sanger. Loran Paprocki arrived at 7:21 p.m. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Chief of Police Luse, Community Liaison Officer (Ms. Olson) Deputy Chief DiLorenzo and Recording Secretary (Ms. Schmidt). 1. Proposed Ordinance amending Article III, Chapter 4 of the City Code concerning dogs, dangerous dogs and potentially dangerous dogs Chief Luse presented the staff report. Council and staff had discussion on revising the proposed dangerous dog ordinance. Councilmember Sanger stated concern with the definition language. Mr. Scott explained that most of the included language was State Statute and could not be changed. Councilmember Carver agreed the ordinance should follow the State Statute and also stated concern with the differences in leash length used throughout the proposal. He also suggested they add a statement within the “at large” definition to include leash, cord, chain, or other means of control, which is sufficient to prevent a dog from making unwanted contact with people or animals or from damaging property. Councilmember Carver suggested staff relook at the requirement of displaying a license on the dog at all times and would like a better definition for “under control.” Councilmember Sanger agreed with Councilmember Carver, stating the license display requirement didn’t make sense, suggesting it state when off the owner’s property, as originally written. Mr. Harmening stated staff was looking for direction on the language relating to “other means of control.” Mr. Scott explained that recently the legislature amended the dangerous dog statute, stating that most of the changes in the ordinance were procedural changes to match up with changes. He stated the dangerous dog and potentially dangerous dog definitions were State Statute. He further stated the City did not have to regulate potentially dangerous dogs, but they could change its definition. Mr. Scott requested direction from Council, asking if they wished to regulate dangerous dogs or have the same regulations as they do for potentially dangerous dogs and if they wanted staff to look at the language defining a dog being on and off a leash. Meeting of June 16, 2008 (Item No. 3c) Page 2 Subject: City Council Special Study Session Minutes June 2, 2008 Councilmember Basill asked if they could alter the “at large” language. Mr. Scott stated that it could be changed. Councilmember Basill suggested they come up with a better definition. Councilmember Sanger suggested using the public nuisance section for regulating dangerous dogs. Mr. Scott stated they have the option of not regulating them at all. Councilmember Basill suggested it be defined within the dog ordinance. It was the consensus of Council to have staff gather more information and various options on what “at large” and “under control” means; and to survey other cities regarding what is being done to regulate their dog concerns and how well it is working. 2. Community Open House Ms. Olson presented the staff report. Councilmember Sanger asked what type of events would be planned. Ms. Olson stated there would be various booths set up, city vehicles such as fire trucks and police squads, the aquatic center would be open for free swimming and various fun activities at the Rec Center such as free skating, music and food. She further stated it would be a great way for residents to connect with the City and their neighbors. Councilmember Sanger asked if they would seek any Board and Commission involvement. Ms. Olson stated nothing had been finalized yet. Councilmember Basill asked when the first open house would be. Ms. Olson stated June 2009. Councilmember Finkelstein stated it would be a great way to have citizen interaction. It was the consensus of Council to proceed with planning a Community Open House for June 2009. The meeting adjourned at 7:35 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 16, 2008 Agenda Item #: 3d UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE 2, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:40 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Coordinator (Mr. Zwilling), Housing Program Coordinator (Ms. Larsen), Fire Chief (Chief Stemmer), Community Development Director (Mr. Locke), Senior Planner (Mr. Walther), Web Developer (Mr. Huber) and Recording Secretary (Ms. Schmidt). Others present: Robert Riesselman, Director of Engineering, Methodist Hospital 2. Presentations 2a. Fire Department Life Saving Commendation Mayor Jacobs and Chief Stemmer presented Geoff Grassle and Brian Dingman with Citizen Commendations in honor of their lifesaving efforts and quick action during a house fire on March 16, 2008. Mr. Vinitskey, the homeowner, also thanked Geoff and Brian, as well as the Fire Department for their quick response. 3. Approval of Minutes 3a. City Council Study Session Minutes May 12, 2008 It was noted on page 3, item #4, the first paragraph, second sentence should state: “… equipment, the addition of a trail that surrounds the park, the demolition of existing storage building and the construction of a new picnic shelter.” The minutes were approved as amended. 3b. City Council Minutes May 19, 2008 The minutes were approved as presented. 3c. Closed Executive Session Minutes May 5, 2008 The minutes were approved as presented. Meeting of June 16, 2008 (Item No. 3d) Page 2 Subject: City Council Minutes June 2, 2008 3d. Closed Executive Session Minutes May 19, 2008 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. Designate Concrete Idea, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $104,754.00 for the 2008 Sidewalk Curb and Gutter Maintenance Project – Project No. 2008-0003, 2008-0004, 2008- 0005, and 2009-0004. 4b. Designate Odland Protective Coatings, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $874,000.00 for Water Project - Recoat Elevated Water Tower #4 – Project No. 2007-1500. 4c. Designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $4,038,465.97 for Street Project - Park Place Boulevard - Project No. 2007-1101. 4d. Approve a contract with SRF which provides construction engineering services for Street Project: Park Place Boulevard – Project No. 2007-1101. 4e. Approve Resolution No. 08-073, authorizing Park Tavern Lounge & Lanes to provide alcohol during the hours of 5:00 p.m. – 10:00 p.m. at the Parktacular Street Dance to be held on June 13, 2008. 4f. Adopt Resolution No. 08-074, approving a pilot program to allow intersection painting to bring public art into the neighborhoods of the City. 4g. Approve Resolution No. 08-075, authorizing the execution of a Joint Cooperation Agreement between the City of St. Louis Park and Hennepin County for participating in the Urban Hennepin County Community Development Block Grant Program in FY 2008-2011. 4h. Adopt Resolution No. 08-076, amending the equipment replacement schedule budget for 2008 and authorize staff to acquire equipment as allowed by Statute, Charter, or Ordinance. 4i. Approve payment to School District #283 for $52,000 from Cable TV franchise fees in 2008, which includes an operations grant of $35,000, an equipment grant of $13,000 and $4,000 to support the Junior High video club. 4j. Approve for filing Telecommunications Advisory Commission Minutes February 21, 2008. 4k. Approve for filing Police Advisory Commission Minutes May 7, 2008. 4l. Approve for filing Vendor Claims. Meeting of June 16, 2008 (Item No. 3d) Page 3 Subject: City Council Minutes June 2, 2008 It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing on Westmoreland Hills Owners’ Association Housing Improvement Area (HIA) Ms. Larsen presented the staff report. Mayor Jacobs opened the public hearing at 8:52 p.m. Brian Barlow, Westmoreland Hills Owner’s Association President wanted to thank the Mayor and Councilmembers, stating they were happy to finally be to this point. Mayor Jacobs closed the public hearing at 8:53 p.m. Councilmember Basill stated there would be an option to prepay or pay through the property taxes. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt first reading of an ordinance to establish the Westmoreland Hills Owner’s Association Housing Improvement Area and to set Second Reading for June 16, 2008. The motion passed 5-0-1. Councilmember Finkelstein abstained. Councilmember Finkelstein stated he was advised it would not be a conflict to vote, since he lived across the street, but stated he would feel more comfortable not voting and abstaining. Councilmember Omodt asked if there were people who said no. Ms. Larsen stated 55% signed the petition fully in favor of it, with only a couple of residents stating some concern. She further stated there would be a veto period allowed after the second hearing that would allow those in opposition to submit written objections to try to veto the vote. Councilmember Omodt stated concern for those on a fixed income and the burden of the fee. Councilmember Basill stated he was glad they followed the process, stating it would help keep the property value up, benefiting the community. 6b. 7200 Cedar Lake Road – Utility Easement Vacation Mr. Walther presented the staff report. Meeting of June 16, 2008 (Item No. 3d) Page 4 Subject: City Council Minutes June 2, 2008 No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve the first reading of an Ordinance approving the vacation of a storm sewer easement at 7200 Cedar Lake Road, and setting the second reading of the proposed ordinance for June 16, 2008. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Minor Amendment to Final Planned Unit Development (PUD) – Methodist Hospital Campus Resolution No. 08-077 Mr. Walther presented the staff report. Councilmember Basill asked what the neighborhood concerns were, since he was not at the meeting. Mr. Walther stated lighting, pedestrian improvements and general security along fence. Councilmember Basill asked if Mr. Riesselman felt they met the general consensus with the residents of Brooklawns Neighborhood. Mr. Riesselman stated they did so by reducing the net square footage on the PUD. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to approve Resolution No. 08-077, amending and restating Resolution Nos. 03-174, 07-083 and 07-165 adopted November 17, 2003, August 6, 2007, and December 17, 2007 respectively and approving a minor amendment to a Final Planned Unit Development Under Section 36-367 of the St. Louis Park Ordinance Code Relating To Zoning To Allow an addition to the Emergency Center for Property Zoned R-C Multi-Family Residential Located at 6500 Excelsior Boulevard, Methodist Hospital. The motion passed 6-0. 8b. Web Development Presentation – Redesigned website and GraffitiNet – Information Item/No Action Required Mr. Zwilling presented the staff report on GraffitiNet. Mr. Huber gave a presentation on the GraffitiNet program database and mapping which allows West Metro police departments to share information on graffiti incidents. Mayor Jacobs asked if it would be available to citizens. Mr. Huber stated at this point, just for other cities. Meeting of June 16, 2008 (Item No. 3d) Page 5 Subject: City Council Minutes June 2, 2008 Councilmember Paprocki stated the evidence is strengthened when other communities are willing to contribute funds to participate in a program like this, stating it is both a creative and effective solution. Councilmember Sanger stated it was a good example of sharing resources among communities. Mayor Jacobs stated the police department has been able to apprehend and prosecute people because citizens are reporting the vandalism. He further welcomed people to continue to contact the police and public works when they see graffiti. Mr. Zwilling presented the staff report on the website redesign and Mr. Huber gave a presentation of the redesigned site and its features stating they will debut it to the public on June 15th. 9. Communications Mayor Jacobs stated the negotiations with ARINC had not been successful and they would be commencing a lawsuit. He further advised that the City would be starting removal of the solar panels and radios later this month. Mayor Jacobs reminded everyone that St. Louis Park Clean-Up day is June 14th, 8 a.m. to 1 p.m. at the Municipal Service Center, 7305 Oxford Street, and further information is available on the website. Mayor Jacobs stated the Wooddale Fire Station would be having its open house on June 10th. He also stated the Wednesday concerts would be starting June 18th at Wolf Park, as well as the Farmer’s Markets later in the month. Mayor Jacobs reminded everyone that June 12 – 15th is Parktacular, with a parade at noon on June 14th, as well as all kinds of fun events throughout the weekend. Councilmember Paprocki reminded everyone that it is Aquila Primary Center’s 50th Birthday, stating they would be celebrating Tuesday, June 3rd, from 6 p.m. and 8 p.m. Councilmember Finkelstein stated there would be more information on Parktacular on the website and announced that the library was now open on Sundays between 12 p.m. and 5 p.m. 10. Adjournment The meeting adjourned at 8:25 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: June 16, 2008 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: 7200 Cedar Lake Road – Vacation. RECOMMENDED ACTION: Motion to adopt second reading of Ordinance approving vacation of a storm sewer easement at 7200 Cedar Lake Road, approve ordinance summary, and authorize publication. POLICY CONSIDERATION: Is there a need for the current easement? In this case the answer is no. The storm sewer would be relocated by the developer during construction, and a new easement would be dedicated. To become effective, the ordinance requires the developer to grant a new easement for the relocated infrastructure. BACKGROUND: Net Lease Development, LLC is requesting the vacation of a storm sewer easement to permit the construction of a Walgreens pharmacy with a drive-through. The first reading of the Ordinance was approved by the City Council on June 2, 2008. The current easement serves public storm sewer infrastructure. Staff reviewed the request and there were no objections, as Net Lease Development will fund the cost of relocating the storm sewer infrastructure and a new easement will be dedicated. During construction, engineering staff would be present to ensure that the new utilities are constructed to the required standards. Prior to filing the vacation, a new easement would be filed with the County to ensure permanent public access to the relocated infrastructure. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Ordinance – Vacation Summary for publication Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke. Community Development Director Approved by: Tom Harmening, City Manager Meeting of June 16, 2008 (Item No. 4a) Page 2 Subject: 2nd Reading 7200 Cedar Lake Road Vacation ORDINANCE NO. ____-08 ORDINANCE VACATING A UTILITY EASEMENT 7200 Cedar Lake Road THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on May 22, 2008 and the City Council has conducted a public hearing upon said petition and has determined that the utility easement is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated. Section 2. The following described utility easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: DESCRIPTION OF PARCEL OVER WHICH EASEMENT IS TAKEN: Lot 9, HOME ADDITION TO ST. LOUIS PARK, according to the recorded plat thereof, EXCEPT the south 7.00 feet thereof, and EXCEPT the north 87.10 feet front and rear of that part of said Lot 9, which lies easterly of a line drawn parallel with the east line of said Lot 9, from a point on the north line of said Lot 9 distant 150.00 feet west from the northeast corner of said Lot 9. DESCRIPTION OF EASEMENTS: An easement for storm sewer and sump purposes over, under, and across the north 10.00 feet of the above-described parcel. Together with a 20.00 foot storm sewer and sump easement over, under, and across the above described parcel. The centerline of said easement is described as follows: Commencing at the northwest corner of said Lot 9; thence on an assumed bearing of North 89 degrees 51 minutes 35 seconds East along the north line of said Lot 9, a distance of 10.50 feet to the point of beginning of the centerline to be described; thence South 0 degrees 47 minutes 44 seconds East to a distance of 130.80 feet; thence South 0 degrees 19 minutes 18 seconds East a distance of 100.03 feet; thence South 76 degrees 20 minutes 13 seconds East a distance of 81.89 feet; thence North 83 degrees 52 minutes 13 seconds East a distance of 56.99 feet and said centerline there terminating. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Meeting of June 16, 2008 (Item No. 4a) Page 3 Subject: 2nd Reading 7200 Cedar Lake Road Vacation Sec.4. This Ordinance shall take effect upon relocation of the storm sewer and the recording of a new easement serving the relocated storm sewer, but not less than fifteen days after its publication. First Reading June 2, 2008 Second Reading June 16, 2008 Date of Publication June 26, 2008 Date Ordinance takes effect July 11, 2008 Adopted by the City Council June 16, 2008 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of June 16, 2008 (Item No. 4a) Page 4 Subject: 2nd Reading 7200 Cedar Lake Road Vacation SUMMARY ORDINANCE NO.____-08 ORDINANCE VACATING A UTILITY EASEMENT 7200 Cedar Lake Road This ordinance states that a utility easement located at 7200 Cedar Lake Road will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 16, 2008 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 26, 2008 Meeting Date: June 16, 2008 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: Temporary Liquor License - American Legion. RECOMMENDED ACTION: Motion to approve a Temporary On-Sale Intoxicating Liquor License for Frank Lundberg American Legion Post 282 for Sunday, June 29, 2008 from 1:00 p.m. to 5:00 p.m. at 5605 W. 36th Street. POLICY CONSIDERATION: Does the Council wish to allow a temporary liquor license to the American Legion for their Third Year Anniversary Event scheduled for June 29, 2008? BACKGROUND: The Frank Lundberg American Legion Post 282 has applied for a temporary liquor license for a Third Year Anniversary Event. The event will be held on Sunday, June 29, 2008 from 1:00 pm to 5:00 pm in the American Legion’s parking lot located at 5605 W. 36th Street. One-fourth of the parking lot will be fenced off and tented for the event. Parking will be available in the remainder of the parking lot where all entrances and exits will be open and any additional parking will occur behind the building. The Legion will be serving a rib dinner inside the facility and will have a band playing. Staff has administratively approved required permits for the event, with the exception of the Liquor License which is required to be approved by Council. The Police Department has run a background investigation on the main principals and has found no reason to deny the temporary license. RECOMMENDATION: The applicant has met all requirements for issuance of the license and staff is recommending approval. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. Meeting of June 9, 2008 (Item No. 4b) Page 2 Subject: Temporary Liquor License American Legion VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting Date: June 16, 2008 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: Imposing Civil Penalties for Liquor License Violations. RECOMMENDED ACTION: Motion to approve Resolution imposing civil penalty for liquor license violation at Best of India, 8120 Minnetonka Boulevard occurring May 5, 2008; and Resolution imposing civil penalty for liquor license violation at Costco Wholesale, 5801 West 16th Street occurring May 6, 2008; according to the recommendation of the City Manager. POLICY CONSIDERATION: Does the City Council concur with the administrative hearing decision of the City Manager to impose penalties for liquor license violations occurring May 5 and May 6, 2008 at two establishments in St. Louis Park? If the City Council should disagree with the City Manager’s recommendation, a hearing would need to be scheduled for the Licensee to appear before the City Council for further consideration. BACKGROUND: Liquor compliance checks were conducted by the St. Louis Park Police Department on May 5 and May 6, 2008. Under the direction of Police officers, an underage male buyer (19 years old) attempted to purchase alcoholic beverages at the 41 licensed establishments throughout the city. Two of the licensed establishments failed the compliance check and received their first violation of selling liquor to the minor. Citations were issued in each case and forwarded to Hennepin County District Court for consideration of criminal penalties. The City is responsible for imposing civil penalties and Minnesota Statutes 340A.415 limits a fee of up to $2,000 for each violation. Ordinance No. 2329-07 adopted May 7, 2007 amended restrictive presumptive civil penalties for liquor violations and states the presumptive penalty for first violation of selling to a minor is $2,000. Administrative Process Liquor license violators can choose to appear at an administrative hearing before the City Manager or appeal directly to the City Council. Both establishments with liquor violations appeared at the administrative hearings held on May 30, 2008. At those hearings the City Manager, City Clerk, and Officer Dallas Williams reviewed each violation in detail and discussed preventive measures that could be taken to ensure that future violations do not occur. Officer Williams discussed training provided by the St. Louis Park Police Department. At the end of each hearing a penalty fine was determined by the City Manager. Both License holders signed stipulations agreeing to the facts of their case and accepting the fine imposed. Meeting of June 16, 2008 (Item No. 4c) Page 2 Subject: Approve of Liquor License Violations The establishments and fines set are as follows: Licensee Establishment Name Address Violation Date Violation No. Fine/Penalty Best of India 8120 Minnetonka Blvd 5/5/08 1 $ 2,000 Costco 5801 W. 16th Street 5/6/08 1 $ 2,000 FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Preventing the sale of alcohol to minors by imposing penalties assures St. Louis Park continues to be a connected and engaged Children First Community. Attachments: Resolutions Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting of June 16, 2008 (Item No. 4c) Page 3 Subject: Approve of Liquor License Violations RESOLUTION NO. 08-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 5, 2008 AT BEST OF INDIA 8120 MINNETONKA BLVD WHEREAS, on May 5, 2008, a liquor license violation, sale of liquor to a minor, occurred at Best of India, located at 8120 Minnetonka Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council June 16, 2008 City Manager Mayor Attest: City Clerk Meeting of June 16, 2008 (Item 4) Page 4 Subject: Approve of Liquor License Violations RESOLUTION NO. 08-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 6, 2008 AT COSTCO WHOLESALE 5801 WEST 16TH STREET WHEREAS, on May 6, 2008, a liquor license violation, sale of liquor to a minor, occurred at Costco Wholesale located at 5801 West 16th Steet in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council June 16, 2008 City Manager Mayor Attest: City Clerk Meeting Date: June 16, 2008 Agenda Item #: 4d OFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA March 14, 2007 7:00 p.m. – Westwood Room City Hall 1. Call to Order Chair Carper called the meeting to order at 7:05 p.m. 2. Roll Call and Attendance Members Present: Gary Carlson, Lynne Carper, Brian Fiderlein, Steve Fillbrandt, Tessia Gardner, Ken Gothberg, Jim Kelly, Janice Loftus, John Orenstein and Pat Skinner. Members Absent: Jim de Lambert, Cheryl Ernst, Marilyn Hoeft, Linda Jennings and William Wernz. Others Present: Marcia Honold, Management Assistant/Charter Commission Liaison and Lisa Songle, Recording Secretary. 2a. Requests for Excused Absences Members Excused: Linda Jennings, Jim de Lambert, Marilyn Hoeft. 3. Approval of Minutes – October 30, 2006 Commissioner Gardner requested that her name be added as having attended the October 30, 2006 meeting; that in Section 3., Approval of Minutes, the language be revised to state “to approve the amended minutes of May 22, 2006.”; and that in Section 4(b), Sub-committee reports (IRV and Elections Procedures), that the language in the second paragraph be revised to state “. . .and did not believe that any modifications should be made to the Charter at this time. It was moved by Commissioner Carlson, seconded by Commissioner Fillbrandt, to approve the minutes of October 30, 2006 as amended. The motion passed unanimously. 4. Old Business – There was no old business to discuss. 5. New Business Ms. Honold requested a motion for an agenda change to the order of 5a. and 5b. Chair Carper made an agenda change to the order of 5 a. and 5 b. 5a. Proposed Annual Report for District Court – Year 2006 Ms. Honold reviewed the Annual Report for the Commission. Commissioner Orenstein requested a change in the second to the last paragraph to read “. . .they found that St. Louis Park’s signature and fee requirements were higher. . .”. Meeting of June 16, 2008 (Item No. 4d) Page 2 Subject: 2007 Charter Commission Minutes and Annual Report It was moved by Commissioner Skinner, seconded by Commissioner Loftus, to approve the Annual Report of the St. Louis Park, Minnesota, Charter Commission for District Court for Year 2006 as amended. The motion passed unanimously. 5b. Election of Officers Ms. Honold advised the Commission of the three available positions, Chair, Vice Chair and Secretary. She advised the Commission that Commissioner Jennings did not want to seek reappointment as Secretary. Chair Carper requested nominations for Chair. Commissioner Loftus nominated current Vice Chair Commissioner Fillbrandt who acknowledged, appreciated and accepted the nomination. An election was held and Commissioner Fillbrandt was unanimously voted in as Chair. Commissioner Fillbrandt will assume his duties as Chair at the next meeting. Chair Carper requested nominations for Vice Chair. There being no nominations, Commissioner Fiderlein volunteered to serve as Vice Chair. An election was held and Commissioner Fiderlein was unanimously voted in as Vice Chair. Commissioner Fiderlein will assume his duties as Vice Chair at the next meeting. Chair Carper requested nominations for Secretary. There being no nominations, Commissioner Loftus volunteered to serve as Secretary. An election was held and Commissioner Loftus was unanimously voted in as Secretary. Commissioner Loftus will assume her duties as Secretary at the next meeting. Ms. Honold advised the Commission regarding the upcoming term expirations of Commissioner Gothberg on June 19, 2007 and Commissioner Ernst on November 18, 2007. Ms. Honold stated that if Commissioners Gothberg and Ernst are interested in reappointment, letters would need to be submitted to District Court Chief Judge Lucy Wieland for reappointment in mid-May for Commissioner Gothberg and in mid-October for Commissioner Ernst. If they are not interested in reappointment, the City would need to solicit candidates for these openings. 6. Future Meetings 6a. Determine future projects/needs Chair Carper requested advice of Ms. Honold regarding any future projects or needs. Ms. Honold advised the Commission regarding a City Council requested change to the start time of their study session meetings to 6:30 p.m. instead of 7:00 p.m. but didn’t believe that it required any attention of the Commission. She also indicated that many items are being considered at the legislature and if there is anything that would impact the City and its Charter the Commission would be notified to call a meeting. Ms. Honold advised that Commission that by statute they are only required to meet annually. Chair Carper stated that he sees no reason to have a meeting before October, 2007. However, if there is activity before that time, incoming Chair Fillbrandt will call a meeting. The Commission set their next meeting for October 10, 2007. Meeting of June 16, 2008 (Item No. 4d) Page 3 Subject: 2007 Charter Commission Minutes and Annual Report Commissioner Gardner informed the Commission that she is getting married in August and will be moving to Minnetonka. Ms. Honold informed the Commission that she will no longer be able to serve and that they will need to inform Judge Wieland. The City will advertise for a replacement. Commissioner Gardner’s commission expires on January 19, 2010. 7. Communications Ms. Honold informed the Commission of two upcoming events: 1) that the City Council set a regular schedule for recognition of volunteers on our boards and commissions, with the first being set for April 16; 2) there will be a session for all board and commission volunteers on Parliamentary Procedure on April 30. Chair Carper inquired of Commissioner Loftus regarding the vision process. Commissioner Loftus informed the Commission that she is not an active participant but encouraged the Commission to view the State of City address to Twin West which is broadcast on the City’s website in which City Manager Harmening and Mayor Jacobs gave excellent presentations, some which touched on the vision process. Ms. Honold advised the Commission about a recent Council workshop which focused on Vision and at which four strategic directions over an 18-month period will be formally presented to the Council on Monday, March 19, 2007. Ms. Honold offered to forward the staff report to Commission if desired. 8. Adjournment There being no further business to discuss, Chair Carper called for a motion to adjourn. Motion by Commissioner Carlson, seconded by Commissioner Gardner, to adjourn the meeting at 7:35 p.m. The motion passed 10-0. There was a motion by Commissioner Gothberg, seconded by Commissioner Skinner to thank Chair Carper for his service as Chair to the Commission. The motion passed 9-0, with Commissioner Carper abstained. Respectfully submitted by: Lisa Songle, Recording Secretary Meeting of June 16, 2008 (Item No. 4d) Page 4 Subject: 2007 Charter Commission Minutes and Annual Report ST. LOUIS PARK CHARTER COMMISSION ANNUAL REPORT Calendar Year Ending December 31, 2007 The St. Louis Park Charter Commission is active and met once in 2007. The commission did not make any changes to the City’s Charter in 2007 and deemed the existing provisions to be adequate. Charter Review As a part of the work the Charter Commission started in 2006 around the issue of Instant Run-off Voting, Commissioners Lynne Carper and John Orenstein presented their study findings to the City Council on February 5, 2007. Their conclusion was that it was not advisable to amend the St. Louis Park Charter to allow for Instant Run-off Voting in the city’s elections. The City Council agreed with the study findings and accepted the Charter Commission’s decision. The Charter Commission held elections for officers at its annual meeting on March 14, 2007 and elected new officers. Commissioner Steve Fillbrandt was elected to the position of Chair, Commissioner Brian Fiderlein was elected to the position of Vice Chair, and Commissioner Janice Loftus was elected to the position of Secretary. Three Commissioners resigned from their positions in 2007: William Wernz, Tessia Gardner and Cheryl Ernst. No other meetings were held in 2007. Respectfully Submitted: Steve Fillbrandt, Chair Marcia Honold, Staff Liaison 2715 Huntington Ave S City of St. Louis Park St. Louis Park MN 55416 5005 Minnetonka Blvd 952-926-0596 St. Louis Park MN 55416 (952) 924-2651 Meeting of June 16, 2008 (Item No. 4d) Page 5 Subject: 2007 Charter Commission Minutes and Annual Report CHARTER COMMISSION 2007 ATTENDANCE ROSTER Members Appointed Term Expires March 14 Lynne Carper, Chair 4-29-03 10-4-08 P Steve Fillbrandt, Vice-Chair 4-29-03 1-22-10 P Linda Jennings, Secretary 3-1-02 3-1-10 Ae Gary Carlson 10-6-06 10-2-10 P Jim de Lambert 1-3-06 3-14-09 Ae Cheryl Ernst 11-19-99 11-18-07 Ae Brian Fiderlein 3-22-01 3-12-09 P Tessia Gardner 3-27-06 1-19-10 P Ken Gothberg 10-6-06 6-19-11 P Marilyn Hoeft, 3-1-02 3-1-10 Ae Jim Kelly 10-6-06 10-18-10 P Janice Loftus 3-1-02 3-1-10 P John Orenstein 9-13-04 2-22-10 P Pat Skinner 10-6-06 11-21-08 P William Wernz 5-19-05 3-14-09 Ae P= Present A= Absent Ae= Absence, Excused N=New Commissioner NOTE: Minnesota Statute Section 410.05 subdivision 2 provides “ When any members has failed to perform the duties of office and has failed to attend four consecutive meetings without being excused by the Commission, the Secretary of the Charter Commission shall file a certificate with the court setting forth those facts and the district court shall thereupon make its order of removal. Meeting Date: June 16, 2008 Agenda Item #: 4e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Amend 2008 Equipment Replacement Schedule (Hoist). RECOMMENDED ACTION: Motion to adopt the Resolution amending the equipment replacement schedule budget for 2008 and authorize staff to acquire such equipment. POLICY CONSIDERATION: Not Applicable. BACKGROUND: During the 2008 budget process staff identified the need to purchase a new hoist for the Municipal Service Center (MSC) repair bay. It was later determined available bond proceeds could be utilized to purchase the hoist. On December 17, 2007, City Council approved by resolution the 2008 Equipment Replacement Schedule (ERS). However, the purchase of the hoist was inadvertently left off the schedule. Therefore, this purchase wasn’t technically approved by Council in December. Staff verified this purchase is accounted for in the available bond proceeds. FINANCIAL OR BUDGET CONSIDERATION: The estimated cost of the hoist is $11,793. VISION CONSIDERATION: None. Attachments: Resolution 2008 Equipment Purchase List Prepared by: Dennis Millerbernd, Equipment Superintendent Reviewed by: Rick Beane, Park Superintendent Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting of June 16, 2008 (Item No. 4e) Page 2 Subject: Amend 2008 Equipment Replacement Schedule, Hoist RESOLUTION NO. 08-____ RESOLUTION ACCEPTING REPORT AMENDING 2008 MAJOR EQUIPMENT PURCHASES WHEREAS, the City Council of the City of St. Louis Park, Minnesota has received a report from the Director of Parks and Recreation regarding the amendment of major equipment scheduled for replacement during year 2008, NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, MN, that: 1. The Director of Parks and Recreation report regarding amendment of the 2008 Equipment Replacement Schedule (Hoist) is hereby accepted. 2. The previously approved 2008 Equipment Replacement Schedule is hereby amended to provide for the purchase of a hoist with an estimated cost of $11,793. Reviewed for Administration: Adopted by the City Council June 16, 2008 City Manager Mayor Attest: City Clerk Meeting of June 16, 2008 (Item No. 4e) Page 3 Subject: Amend 2008 Equipment Replacement Schedule, Hoist Meeting Date: June 16, 2008 Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period May 31, 2008 through June 13, 2008. 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 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 1Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 300.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES+SECURETECHS, INC 300.00 30.00INSPECTIONS G & A TRAINING10,000 LAKES CHAPTER 30.00 66.14PARK MAINTENANCE G & A GENERAL SUPPLIESA-1 OUTDOOR POWER INC 66.14 227.17WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESAAA LAMBERTS LANDSCAPE PRODUCT 227.17 103.65GENERAL REPAIR EQUIPMENT PARTSABM EQUIPMENT & SUPPLY INC 103.65 276.00OPERATIONSTRAININGACE 276.00 774.80HUMAN RESOURCES RECRUITMENTAD STRATEGIES 774.80 216.25EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESADMINISTRATION RESOURCES CORP 216.25 220.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSAEMP 220.00 233.38ANIMAL CONTROL GENERAL PROFESSIONAL SERVICESAFFILIATED EMERGENCY VET SERVI 233.38 53.25OPERATIONSEQUIPMENT PARTSALEX AIR APPARATUS INC 53.25 2,925.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 2,925.00 457.66PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 457.66 1,267.50-EQUIPMENT REPLACEMENT B/S DUE TO OTHER GOVTSAMERICAN MADE ELECTION EQUIPME 20,767.50EQUIPMENT REPLACE G&A OTHER 19,500.00 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 2 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 2Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 144.80GENERAL REPAIR TIRESAMERICAN TIRE DISTRIBUTORS 144.80 146.02PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 159.75PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 195.72ENTERPRISE G & A GENERAL SUPPLIES 94.38VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 72.56WATER UTILITY G&A OPERATIONAL SUPPLIES 72.54SEWER UTILITY G&A OPERATIONAL SUPPLIES 740.97 2,356.50OPERATIONSRADIO COMMUNICATIONSANCOM COMMUNICATIONS INC 2,356.50 1,620.67FABRICATIONOTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL 1,620.67 313.75AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIESAQUA LOGIC INC 313.75 160.20ENTERPRISE G & A GENERAL SUPPLIESARAMARK UNIFORM CORP ACCTS 2.28ENTERPRISE G & A INTEREST/FINANCE CHARGES 162.48 1,214.50BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSBACHMANS 1,530.68TREE REPLACEMENT TREE REPLACEMENT 2,745.18 19.00OPERATIONSGENERAL SUPPLIESBAKKEN ERIC 60.00OPERATIONSOPERATIONAL SUPPLIES 79.00 96.27FINANCE G & A OFFICE SUPPLIESBANKER'S EQUIPMENT SERVICE INC 96.27 884.80EMPLOYEE FLEX SPEND G&A TUITIONBARNES, PAUL 884.80 1,021.14CE INSPECTION IMPROVEMENTS OTHER THAN BUILDIBARR ENGINEERING CO 1,021.14 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 3 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 3Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 298.20PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBARTLEY SALES CO 298.20 86.80GENERAL REPAIR EQUIPMENT PARTSBATTERIES PLUS 37.26WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 99.45SEWER UTILITY G&A GENERAL SUPPLIES 223.51 1,235.40ARENA MAINTENANCE BUILDING MTCE SERVICEBECKER ARENA PRODUCTS 1,235.40 1,000.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBELLADIVA 1,000.00 336.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESBERG, STEVE 336.00 1,000.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBIG WALTER SMITH BAND 1,000.00 10.40-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSBIKEMASTERS 206.57POLICE G & A OPERATIONAL SUPPLIES 196.17 6,883.66WATER UTILITY G&A OTHER CONTRACTUAL SERVICESBLOOMINGTON, CITY OF 6,883.66 600.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBLUE DRIFTERS 600.00 213.00AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIESBRENTS SIGNS AND DISPLAYS 223.65PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 436.65 97.50-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSBROOKSIDE MOBILE 1,597.50PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE 1,500.00 540.35PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESBRYAN ROCK PRODUCTS INC 540.35 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 4 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 4Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 4,340.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBUDGET SANDBLASTING & PAINTING 4,340.00 350.00ADULT SOFTBALL PROGRAM REVENUEBURK, STEVE 350.00 300.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESCALHOUN ISLES COMMUNITY BAND 300.00 148.04DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 148.04 400.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 25,000.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES 25,400.00 2,468.59FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 1,545.46PARK MAINTENANCE G & A HEATING GAS 69.01WESTWOOD G & A HEATING GAS 139.31NATURALIST PROGRAMMER HEATING GAS 6,782.88WATER UTILITY G&A HEATING GAS 352.26REILLY G & A HEATING GAS 444.97SEWER UTILITY G&A HEATING GAS 11,802.48 9,837.00ENTERPRISE G & A HEATING GASCENTERPOINT ENERGY SERVICES IN 9,837.00 8,307.60EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 8,307.60 36.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESCHURCHILL, LEE 36.00 4.00COMM & MARKETING G & A TELEPHONECITIZENS INDEPENDENT BANK .12COMM & MARKETING G & A BANK CHARGES/CREDIT CD FEES 3.28NETWORK SUPPORT SERVICES BANK CHARGES/CREDIT CD FEES 305.20OPERATIONSGENERAL SUPPLIES 145.45OPERATIONSOPERATIONAL SUPPLIES 132.37OPERATIONSSMALL TOOLS 23.37OPERATIONSEQUIPMENT PARTS Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 5 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 5Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 242.03OPERATIONSBLDG/STRUCTURE SUPPLIES 989.56OPERATIONSTRAINING 133.27OPERATIONSEMERGENCY PREPAREDNESS 785.82INSPECTIONS G & A TRAINING 54.10INSPECTIONS G & A BANK CHARGES/CREDIT CD FEES 74.05PUBLIC WORKS G & A GENERAL SUPPLIES 694.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT 367.27PUBLIC WORKS G & A MEETING EXPENSE 495.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT 299.08ENGINEERING G & A MEETING EXPENSE 55.39CABLE TV G & A GENERAL SUPPLIES 23.04CABLE TV G & A BANK CHARGES/CREDIT CD FEES 89.50WATER UTILITY G&A GENERAL SUPPLIES 35.70WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 622.20DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT 5,573.80 21,540.44ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 21,540.44 4,818.19PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY 4,818.19 192.00SYSTEM REPAIR OTHER CONTRACTUAL SERVICESCOMMISSIONER OF TRANSPORTATION 192.00 85.22POLICE G & A OPERATIONAL SUPPLIESCONSOLIDATED CONTAINER CO LLC 85.22 198.09OPERATIONSGENERAL SUPPLIESCOUNTRY FLAGS 198.09 288.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESCOX, BARB 288.00 1,052.00EMPLOYEE FLEX SPEND G&A TUITIONCURRAN-BAKKEN, ERIC 1,052.00 144.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 144.00 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 6 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 6Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 183.63-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSCUSTOM CANVAS INC 3,008.63AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIES 2,825.00 828.00EMPLOYEE FLEX SPEND G&A TUITIONCZAPAR, KIMBERLY 828.00 617.47-WATER UTILITY BALANCE SHEET DUE TO OTHER GOVTSDAKOTA SUPPLY GROUP 1,482.48WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 10,116.97WATER UTILITY G&A OFFICE EQUIPMENT 617.47-SEWER UTILITY BALANCE SHEET DUE TO OTHER GOVTS 10,116.97SEWER UTILITY G&A OFFICE EQUIPMENT 20,481.48 168.41TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEDANIELS, JUDY 168.41 56.32ROUTINE MAINTENANCE EQUIPMENT PARTSDELEGARD TOOL CO 56.32 9,109.91INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY 9,109.91 36.74WATER UTILITY G&A GENERAL CUSTOMERSDETLOFF MANAGEMENT 36.74 212.25ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 212.25 1,872.01IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 2,495.77BUILDING MAINTENANCE BUILDING MTCE SERVICE 897.56PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 2,220.61UNINSURED LOSS G&A UNINSURED LOSS 7,485.95 1,737.23POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 1,737.23 102.25-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSDUNDEE NURSERY 2,066.27BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 1,964.02 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 7 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 7Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 144.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESDUNDOVICH, PATRICIA 144.00 772.50DAMAGE REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 772.50 104.48WATER UTILITY G&A GENERAL CUSTOMERSELARAJ, SHARIFA 104.48 2,652.92SEWER UTILITY G&A EQUIPMENT MTCE SERVICEELECTRIC PUMP INC 2,652.92 1,366.20OPERATIONSEMERGENCY PREPAREDNESSEMBEDDED SYSTEMS INC 1,366.20 24.85-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSEMERGENCY MEDICAL PRODUCTS 133.68OPERATIONSOPERATIONAL SUPPLIES 273.39OPERATIONSEMERGENCY PREPAREDNESS 382.22 364.10WATER UTILITY G&A GENERAL CUSTOMERSENGLISH, JON 364.10 217.75ESCROWSBass Lake/EDI/UPENSR CORPORATION 217.75 338.67STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEEULL'S MANUFACTURING CO 338.67 144.84PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFASTENAL COMPANY 144.84 74.06POLICE G & A POSTAGEFEDEX 74.06 421.53ICE RESURFACER MOTOR FUELSFERRELLGAS 421.53 1,750.00POLICE G & A GENERAL PROFESSIONAL SERVICESFISCHLER & ASSOCIATES PA 1,750.00 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 8 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 8Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 14.39GENERAL REPAIR EQUIPMENT PARTSFORCE AMERICA INC 14.39 1,666.66ADMINISTRATION G & A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 1,666.66 122.94COMM DEV PLANNING G & A TRAININGFULTON, ADAM 64.64COMM DEV PLANNING G & A MILEAGE-PERSONAL CAR 187.58 750.00ESCROWSPMC ESCROWGAY, HEATHER 750.00 91.57KICKBALLGENERAL SUPPLIESGLS SPORTS EQUIPMENT EXPERTS 91.57 2,208.00EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTGRAFIX SHOPPE 2,208.00 177.36GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESGRAINGER INC, WW 1,144.88H.V.A.C. EQUIP. MTCE BLDG/STRUCTURE SUPPLIES 1,322.24 7,691.95WIRING REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 7,691.95 398.29OPERATIONSTRAININGHALE, JOHN 398.29 672.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHAMILTON, MIKE 672.00 223.62EMPLOYEE FLEX SPEND G&A TUITIONHAMPTON, ROBERT 223.62 18.43PUBLIC WORKS G & A MILEAGE-PERSONAL CARHANSEN, SHANNON 18.43 4,579.34AQUATIC PARK MAINTENANCE GENERAL SUPPLIESHAWKINS WATER TREATMENT GROUP 6,880.02WATER UTILITY G&A OPERATIONAL SUPPLIES 11,459.36 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 9 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 9Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 344.02GENERAL REPAIR TIRESHEARTLAND DISTRIBUTION LLC 344.02 3,303.35EMPLOYEE FLEX SPEND G&A TUITIONHEIDEMANN, BRIAN 3,303.35 192.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHENDERSON, TRACY 192.00 299.37PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICEHENNEPIN COUNTY TREASURER 201,594.92RIGHT-OF-WAY IMPROVEMENTS OTHER THAN BUILDI 201,894.29 1,250.00OPERATIONSGENERAL PROFESSIONAL SERVICESHENNEPIN FACULTY ASSOCIATES 1,250.00 17.74WATER UTILITY G&A GENERAL CUSTOMERSHILL, RYAN 17.74 215.38PAINTINGBLDG/STRUCTURE SUPPLIESHIRSHFIELDS 215.38 672.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHISLOP, DANIEL 672.00 1,689.69INSPECTIONS G & A BUILDINGHOBBS, RANDY 1,689.69 57.10-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSHOFFER'S COATINGS INC 935.50PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 878.40 13.82PARK MAINTENANCE G & A EQUIPMENT PARTSHOME DEPOT CREDIT SERVICES 55.29PARK BUILDING MAINTENANCE GENERAL SUPPLIES 227.47PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 198.62OUTREACHGENERAL SUPPLIES 15.94BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 460.34BUILDING MAINTENANCE GENERAL SUPPLIES 971.48 30.09ERUOPERATIONAL SUPPLIESHOME DEPOT CREDIT SRVCS 30.09 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 10 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 10Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 31.92GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME HARDWARE 12.73POLICE G & A OPERATIONAL SUPPLIES 24.47ENGINEERING G & A GENERAL SUPPLIES 10.64PATCHING-PERMANENT GENERAL SUPPLIES 23.90DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 181.21PARK MAINTENANCE G & A GENERAL SUPPLIES 188.37BUILDING MAINTENANCE GENERAL SUPPLIES 11.27WATER UTILITY G&A EQUIPMENT PARTS 82.79WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 15.44SEWER UTILITY G&A GENERAL SUPPLIES 7.01SEWER UTILITY G&A BLDG/STRUCTURE SUPPLIES 6.39STORM WATER UTILITY G&A GENERAL SUPPLIES 596.14 240.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHOWES, KRISTINE 240.00 50.00HUMAN RESOURCES RECOGNITIONHSBC BUSINESS SOLUTIONS 135.10PARK MAINTENANCE G & A GENERAL SUPPLIES 33.68SPRINGGENERAL SUPPLIES 218.78 121.80IRRIGATION MAINTENANCE GENERAL SUPPLIESHYDROLOGIC WATER MGMT 121.80 40.47ENGINEERING G & A GENERAL SUPPLIESIMAGETECH SERVICES 299.56WATER UTILITY G&A OPERATIONAL SUPPLIES 340.03 295.98GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESINDELCO 295.98 372.77SEWER UTILITY G&A OTHERINDUSTRIAL LADDER & SUPPLY 372.77 105.80BUILDING MAINTENANCE EQUIPMENT MTCE SERVICEINDY LIFT INC 105.80 51.92PREVENTATIVE MAINTENANCE EQUIPMENT PARTSINTERSTATE BATTERY SYSTEM OF M 51.92 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 11 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 11Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 15.14GENERAL REPAIR EQUIPMENT PARTSINVER GROVE FORD 15.14 49.50POLICE G & A OTHER CONTRACTUAL SERVICESIRON MOUNTAIN 49.50 450.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESJDA DESIGN ARCHITECTS 450.00 41,488.87CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIJEDLICKI INC, G F 41,488.87 45.54GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESJERRY'S MIRACLE MILE 22.93GENERAL REPAIR GENERAL SUPPLIES 68.47 19.50-WATER UTILITY BALANCE SHEET DUE TO OTHER GOVTSJM CONSULTING LTD 319.50WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 300.00 321.07TREE MAINTENANCE GENERAL SUPPLIESJRK SEED & SURG SUPPLY 321.07 8,457.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESJUST-RITE CONSTRUCTION INC 8,457.00 8,005.00PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIKLM ENGINEERING INC. 8,005.00 1,500.00ESCROWSPMC ESCROWKNAEBLE, DAVID 1,500.00 17.17WATER UTILITY G&A GENERAL CUSTOMERSKURVERS, V 17.17 81.67VEHICLE MAINTENANCE G&A GENERAL SUPPLIESLANO EQUIPMENT INC 81.67 9.00HOUSING REHAB G & A MEETING EXPENSELARSEN, KATHY 152.51HOUSING REHAB G & A MILEAGE-PERSONAL CAR 161.51 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 12 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 12Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 295.86ELECTRICAL SYSTEM MTCE BLDG/STRUCTURE SUPPLIESLARSON, JH CO 102.24PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 548.00PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 74.55ARENA MAINTENANCE GENERAL SUPPLIES 1,020.65 1,450.10SPECIAL PROJECTS GENERAL PROFESSIONAL SERVICESLEGEND TECHNICAL SERVICES 1,450.10 393.54PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESLESCO - PROX 393.54 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESLEVIN ARCHITECTS, CHARLES 225.00 604.27ERUTRAININGLEWIS, DON 604.27 48.85POLICE G & A OTHER CONTRACTUAL SERVICESLEXISNEXIS 48.85 5,866.67GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESLOUCKS ASSOCIATES 5,866.67 2,765.77NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESLYON, SHARON 2,765.77 50.00TRAININGSEMINARS/CONFERENCES/PRESENTATMAAPT 50.00 53.37GENERAL REPAIR EQUIPMENT PARTSMACQUEEN EQUIP CO 53.37 100.16PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS 30.35VEHICLE MAINTENANCE G&A MOTOR FUELS 130.51 9.90PARK MAINTENANCE G & A GENERAL SUPPLIESMENARDS 512.47WESTWOOD G & A GENERAL SUPPLIES 49.01WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 17.95SEWER UTILITY G&A EQUIPMENT PARTS Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 13 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 13Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 28.63STORM WATER UTILITY G&A SMALL TOOLS 617.96 52,395.75INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL 8,025.77WATER UTILITY G&A CLEANING/WASTE REMOVAL SUPPLY 60,421.52 3,492.14PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 3,492.14 168.80POLICE G & A OPERATIONAL SUPPLIESMIDWEST BADGE & NOVELTY CO 4.38POLICE G & A POSTAGE 173.18 1,731.88CONCESSIONSCONCESSION SUPPLIESMIDWEST COCA-COLA BTLG 1,731.88 456.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 456.00 475.01EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC 475.01 1,514.97EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,514.97 140.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA CITY/COUNTY MANAGEME 140.00 80.57OPERATIONSEQUIPMENT PARTSMINNESOTA CONWAY 80.57 21,552.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMINNESOTA DEPT HEALTH 21,552.00 16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS 16.00 700.00AQUATIC PARK BUDGET ADVERTISINGMINNESOTA PREMIER PUBLICATIONS 700.00 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 14 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 14Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 44.92WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESMINVALCO INC 197.42SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 242.34 20.00PARK MAINTENANCE G & A LICENSESMN DEPT LABOR & INDUSTRY 20.00 2,667.00ADULT SOFTBALL SUBSCRIPTIONS/MEMBERSHIPSMRPA 2,667.00 336.99PREVENTATIVE MAINTENANCE EQUIPMENT PARTSMTI DISTRIBUTING CO 336.99 30.89PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESMUSCO SPORTS LIGHTING 30.89 1,070.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 1,070.00 17.66GROUNDS MTCE EQUIPMENT PARTSNAPA (GENUINE PARTS CO) 134.19PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 364.05GENERAL REPAIR GENERAL SUPPLIES 378.60GENERAL REPAIR EQUIPMENT PARTS 894.50 253.25GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICENATL AUTOMATIC SPRINKLER CO 253.25 20.00POLICE G & A OTHER RECOVERIESNEDRUD, JANELLE 20.00 377.58EMPLOYEE FLEX SPEND G&A TUITIONNELSON, MARK 377.58 92.76GENERAL REPAIR GENERAL SUPPLIESNEP CORP 92.76 9.33AQUATIC PARK MAINTENANCE GENERAL SUPPLIESNORTHERN AIRE SWIMMING POOLS 9.33 500.00ANIMAL CONTROL OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 500.00 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 15 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 15Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 53.89ADMINISTRATION G & A OFFICE SUPPLIESOFFICE DEPOT 60.12HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 14.93DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES 9.09ASSESSING G & A OFFICE SUPPLIES 78.68FINANCE G & A OFFICE SUPPLIES 102.83POLICE G & A OFFICE SUPPLIES 79.10INSPECTIONS G & A GENERAL SUPPLIES 318.45ORGANIZED REC G & A OFFICE SUPPLIES 717.09 181.50INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 181.50 79.66ROUTINE MAINTENANCE EQUIPMENT PARTSOLSEN CHAIN & CABLE CO INC 79.66 2,104.47PORTABLE TOILETS OTHER CONTRACTUAL SERVICESON SITE SANITATION 90.34WESTWOOD G & A OTHER CONTRACTUAL SERVICES 2,194.81 280.49AQUATIC PARK MAINTENANCE GENERAL SUPPLIESPANNING, CRAIG 280.49 91.00HUMAN RESOURCES RECRUITMENTPARK NICOLLET CLINIC 91.00 10.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESPERKINS, KATHLEEN 10.00 7.09OPERATIONSGENERAL SUPPLIESPETTY CASH 30.00OPERATIONSOPERATIONAL SUPPLIES 16.00OPERATIONSTRAINING 2.01PUBLIC WORKS G & A OFFICE SUPPLIES 7.36PUBLIC WORKS G & A GENERAL SUPPLIES 27.34PUBLIC WORKS G & A MEETING EXPENSE 17.00TRAININGMEETING EXPENSE 12.74ENGINEERING G & A OFFICE SUPPLIES 7.36ENGINEERING G & A GENERAL SUPPLIES 62.50TRAININGMEETING EXPENSE 8.49KEEP AMERICAN BEAUTIFUL MEETING EXPENSE 197.89 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 16 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 16Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 4,305.63ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC 5,449.15PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES 344.26WATER UTILITY G&A BUILDING MTCE SERVICE 10,099.04 85.89GENERAL REPAIR EQUIPMENT PARTSPIONEER RIM & WHEEL CO 85.89 105.00COMM DEV PLANNING G & A TRAININGPLANNERS PLUS 105.00 294.39GENERAL REPAIR TIRESPOMP'S TIRE SERVICE INC 286.33GENERAL REPAIR EQUIPMENT MTCE SERVICE 580.72 398.57PARK MAINTENANCE G & A TELEPHONEPOPP TELECOM 398.57 540.44FINANCE G & A PRINTING & PUBLISHINGPRINT SHOP 540.44 126.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 126.00 70.00WATER UTILITY G&A OPERATIONAL SUPPLIESQA SPORTS 70.00SEWER UTILITY G&A OPERATIONAL SUPPLIES 140.00 775.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 775.00 645.01FACILITY OPERATIONS TELEPHONEQWEST 625.62COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 22.36REC CENTER BUILDING TELEPHONE 1,292.99 1,326.60EMPLOYEE FLEX SPEND G&A TUITIONRAMRUP, RAY RAVINDRA 1,326.60 102.78WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 17 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 17Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 102.77SEWER UTILITY G&A POSTAGE 102.77SOLID WASTE COLLECTIONS POSTAGE 102.77STORM WATER UTILITY G&A POSTAGE 411.09 173.16ROUTINE MAINTENANCE IMPROVEMENTS OTHER THAN BUILDIREED BUSINESS INFORMATION 435.24STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 346.32PAVEMENT MANAGEMENT G&A IMPROVEMENTS OTHER THAN BUILDI 486.72WATER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 1,441.44 28.77OPERATIONSOPERATIONAL SUPPLIESREFLECTO PRODUCTS CO 28.77 586.60ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESRICHARDSON, TERESA 586.60 597.00PRINTING/REPRO SERVICES EQUIPMENT MTCE SERVICERICOH CORP 597.00 2,257.20WATER UTILITY G&A OTHER CONTRACTUAL SERVICESRMR SERVICES 2,257.20 79,740.81EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTRMS RENTALS 79,740.81 21.53WATER UTILITY G&A GENERAL CUSTOMERSROBERTSON, VIRGINIA 21.53 144.00YOUTH PROGRAMS PROGRAM REVENUEROG, MARGARET 144.00 10.76WATER UTILITY G&A GENERAL CUSTOMERSROTHSTEIN, MARV 10.76 277.07STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICESA-AG INC 277.07 28.58HUMAN RESOURCES CITESAM'S CLUB 251.52PAINTINGOTHER IMPROVEMENT SUPPLIES 86.18SPECIAL EVENTS GENERAL SUPPLIES Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 18 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 18Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 127.60PARK MAINTENANCE G & A GENERAL SUPPLIES 493.88 188.97PREVENTATIVE MAINTENANCE EQUIPMENT PARTSSAVITT BROS INC 188.97 40.50INSPECTIONS G & A ELECTRICALSCHAEFER, KATE 40.50 24.98PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSCHERER BROS. LUMBER CO. 89.85PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 114.83 851.69EMPLOYEE FLEX SPEND G&A TUITIONSCHLEGEL, EVA 851.69 100.00SUPPORT SERVICES TRAININGSCOTT COUNTY TREASURER 100.00 5,040.84PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH 5,040.84 163.95VEHICLE MAINTENANCE G&A GENERAL SUPPLIESSEVEN CORNERS ACE HDWE 163.95 20.14NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESSHARE, JOHN 20.14 266.80ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH 266.80 641.66GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESSIGN PRODUCERS 641.66 1,103.52CONCESSIONSCONCESSION SUPPLIESSIMON DELIVERS INC 1,103.52 1,000.00HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICESSMP PRODUCTIONS 1,000.00 429.70PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSPS COMPANIES INC Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 19 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 19Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 112.29WATER UTILITY G&A SMALL TOOLS 541.99 16,737.48STREET CAPITAL PROJ G & A PLANNINGSRF CONSULTING GROUP INC 27,418.94PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 42,219.61PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 209.73CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 60,365.65CE DESIGN IMPROVEMENTS OTHER THAN BUILDI 146,951.41 18,070.00EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTST JOSEPH'S EQUIPMENT INC 18,070.00 207.70ADMINISTRATION G & A MEETING EXPENSEST LOUIS PARK SCHOOLS 3,750.00HOUSING REHAB G & A OTHER CONTRACTUAL SERVICES 3,957.70 392.33PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESST PAUL, CITY OF 392.33 540.58AQUATIC PARK G & A OPERATIONAL SUPPLIESSTITCHIN POST 540.58 37.32SEWER UTILITY G&A EQUIPMENT PARTSSTREICHER'S 734.84EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 772.16 80.45GENERAL REPAIR EQUIPMENT PARTSSUBURBAN CHEVROLET 1,103.59GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,184.04 103.50VOICE SYSTEM MTCE EQUIPMENT MTCE SERVICESUMMIT FINANCIAL RESOURCES LP 103.50 330.71ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 160.88ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICES 364.65WESTMORELAND HIA LEGAL NOTICES 139.43STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 144.79WATER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 1,140.46 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 20 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 20Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 239.00SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPSSWANA 239.00 228.50IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICESTALBERG LAWN & LANDSCAPE INC 818.99PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES 1,047.49 17.34POLICE G & A SUBSISTENCE SUPPLIESTARGET BANK 37.09POLICE G & A MEETING EXPENSE 50.58DARE PROGRAM OPERATIONAL SUPPLIES 105.01 97.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 97.00 10,400.00SAMPLINGOTHER CONTRACTUAL SERVICESTESTAMERICA LABORATORIES INC 10,400.00 366.00ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 366.00 1,000.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESTRAILER TRASH 1,000.00 1,093.73GENERAL REPAIR EQUIPMENT MTCE SERVICETRANSMISSION SHOP INC 1,093.73 6,580.00WATER UTILITY G&A BUILDING MTCE SERVICETREMCO WEATHERPROOFING TECH IN 6,580.00 202.65NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESTRIANGLE NEIGHBORHOOD ASSN 325.00NEIGHBORHOOD ASSOCIATION GRANT PUBLIC LIABILITY INSURANCE 527.65 58.42-EQUIPMENT REPLACEMENT B/S DUE TO OTHER GOVTSTRUCK BODIES & EQUIPMENT INTL 957.21EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 898.79 271.96GROUNDS MTCE LANDSCAPING MATERIALSTRUGREEN CHEMLAWN 271.96 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 21 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 21Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 26.85-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSTWIN CITY GARAGE DOOR CO 439.85PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 413.00 8.47GENERAL REPAIR GENERAL SUPPLIESTWIN CITY SAW & SERVICE CO 8.47 285.75POLICE G & A REPAIRSUHL CO INC 285.75 2,140.65POLICE G & A OPERATIONAL SUPPLIESUNIFORMS UNLIMITED 167.82RESERVESOPERATIONAL SUPPLIES 2,308.47 244.50EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 244.50 110.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 110.00 7.01VEHICLE MAINTENANCE G&A POSTAGEUPS STORE 7.01 18.90WATER UTILITY BUDGET TELEPHONEUSA MOBILITY WIRELESS INC 18.90 109.77OPERATIONSOPERATIONAL SUPPLIESVALLEY NATIONAL GASES WV LLC 7.60BUILDING MAINTENANCE GENERAL SUPPLIES 7.59VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 7.60SEWER UTILITY G&A GENERAL SUPPLIES 132.56 886.77AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIESVALLEY VIEW ASSOC 886.77 3,808.89WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 934.00SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 4,742.89 73.73ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 73.73 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 22 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 22Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 1,900.41DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSVERIZON WIRELESS 158.27COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 2,058.68 384.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESVESTAL, MICHAEL 384.00 100.08WATER UTILITY G&A GENERAL CUSTOMERSWAGNER, JON 100.08 3,410.73CONCESSIONSCONCESSION SUPPLIESWATSON CO INC 3,410.73 42.48GENERAL REPAIR GENERAL SUPPLIESWAYTEK 42.48 2,248.22PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESWEBBER RECREATIONAL DESIGN 2,248.22 111.83SPLASH PAD MAINT - Oak Hill Pk GENERAL SUPPLIESWELD-KRAFT 111.83 100.00ENGINEERING G & A PUBLIC WORKSWESTONKA SEWER & WATER INC 100.00 171.67VEHICLE MAINTENANCE G&A GENERAL SUPPLIESWESTSIDE EQUIPMENT 171.67 3,859.56TREE REPLACEMENT TREE REPLACEMENTWILSONS NURSERY INC 3,859.56 1,750.00ESCROWSPMC ESCROWWIPPLER, JOHN 1,750.00 555.00EMPLOYEE FLEXIBLE SPENDING B/S STATE WITHHOLDINGWISCONSIN DEPT OF REVENUE 555.00 363,812.40WOLFE LAKE OTHER CONTRACTUAL SERVICESWOLFE LAKE ASSOCIATION 363,812.40 9,329.73FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 23 06/11/2008CITY OF ST LOUIS PARK 14:41:02R55CKSUM LOG23000VO 23Page -Council Check Summary 06/13/2008 -05/31/2008 Vendor AmountBusiness Unit Object 151.79PARK BUILDING MAINTENANCE ELECTRIC SERVICE 11,908.69ENTERPRISE G & A ELECTRIC SERVICE 554.81WATER UTILITY G&A ELECTRIC SERVICE 12.22OPERATIONSELECTRIC SERVICE 89.35OPERATIONSELECTRIC SERVICE 367.50WIRELESS G & A OTHER CONTRACTUAL SERVICES 22,414.09 489.71PATCHING-PERMANENT SMALL TOOLSZACKS INC 489.71 56.76BUILDING MAINTENANCE GENERAL SUPPLIESZEE MEDICAL SERVICE 166.50AQUATIC PARK G & A GENERAL SUPPLIES 223.26 Report Totals 1,331,776.29 Meeting of June 16, 2008 (Item No. 4f) Subject: Vendor Claims Page 24 MINUTES FIRE CIVIL SERVICE COMMISSION February 4, 2008 – 9:00 a.m. FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 9:01 a.m. by Commissioner Lee. 2) In attendance were Commissioners William MacMillan, David Lee, and Marjorie Douville. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Luke Stemmer, Fire Chief; Eric Bakken, Union President; Mark Nelson, Fire Captain; Shawn Glapa, Fire Lieutenant; and Mark Windschitl, Cary Smith, and Mike Dobesh, Battalion Chiefs. 3) Commissioner MacMillan was named President of the Commission in accordance with statute. 4) Commissioner Douville was appointed as Secretary of the Commission. 5) A motion was made by Commissioner Lee, seconded by Commissioner Douville to accept the minutes from the April 26, 2007 meeting. Motion carried unanimously. 6) Chief Stemmer presented his Annual Report (attached) on activities in the Fire Department for 2007. General discussion followed the Chief’s report. 7) Chief Stemmer requested an update to the Rules and Regulations of the Fire Civil Service Commission. The title “Battalion Chief” was created several years ago and is appropriate for someone on shift. Our positions are more administrative in nature and the title of “Assistant Chief” is more appropriate and accepted as an industry title for the position. The job description has not changed, other than the title. The Chief has recommended the following changes to the Rules and Regulations of the Fire Civil Service Commission: • First paragraph: Change date from May 6, 2004 to February 8, 2008. • Rule One, Section 2: Change “Battalion Fire Chief” to “Assistant Fire Chief” • Rule Seven: Change “Battalion Fire Chief” to “Assistant Fire Chief” A motion was made by Commissioner Lee, seconded by Commissioner Douville to accept the three changes to the Rules and Regulations of the Fire Civil Service Commission as detailed above. Motion carried unanimously. 8) Chief Stemmer and Assistant Chief Dobesh presented the recommended recruitment process for the position of Fire Lieutenant. There are currently no vacancies for this position, but the most recent list will expire in May, 2008. The Chief would like to keep the list current in case of a vacancy. The process is consistent with promotional processes that have been done for Lieutenant and Captain in the past 2 years. A motion was made by Meeting Date: June 16, 2008 Agenda Item No. 4g 2 Commissioner Lee, seconded by Commissioner Douville to approve the Lieutenant process as presented. Motion carried unanimously. 9) In other business, Chief Stemmer indicated that Commissioners will be invited to participate in the Lieutenant interview panel in the spring. There will also be a need for another Commission meeting at the conclusion of the Lieutenant recruitment process to accept the eligibility roster. Chief anticipates this meeting will occur in May or June, 2008. President MacMillan indicated that a 9:00 am meeting time works for him on Mondays and Fridays only, future meetings should be scheduled appropriately. 10) A motion was made by Commissioner Lee, seconded by Commissioner Douville to adjourn the meeting. The Commission adjourned at 9:41 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Meeting of June 16, 2008 (Item No. 4g) Subject: Fire Civil Service Commission Minutes February 4, 2008 Page 2 Fire Civil Service Commission Report Luke Stemmer: Fire Chief I. Introduction • I would like to share with the Commission the following report of the Department’s activities in FY 2007. II. Fire Statistics 2007 2007 2006 2005 Structure Fires 61 83 48 Other Fires 71 58 60 Rescue/Emergency Medical 2959 3,032 2,741 False Alarms 314 322 312 Mutual Aid Given 62 61 54 Hazmat Responses 76 74 60 Other Hazardous Responses 111 80 118 All Other Responses 619 540 576 Total for all Fires 4,273 4,252 3,970 III. Major Fires in 2007 • House fire at 2721 Louisiana Ave on February 7, 2007 caused an estimated $150,000 in structure damage and $100,000 in personal property damage. The resident left the property for about 20 minutes and returned to find heavy smoke coming from the structure. Three family pets were lost in to the fire, but no other injuries were reported. The home sustained heavy smoke damage throughout and extensive fire damage on the first floor. The fire started in the vicinity of the kitchen. An adjacent home had some minor damage to its siding caused by the heat. We were assisted by the Edina and Hopkins Fire Departments. • House fire and fatality at 4362 Mackey Ave. on February 21, 2007 caused an estimated $6,000 in structure damage and $10,000 in personal property damage. The absence of a working smoke detector is believed to have contributed to the death. The fire was contained to an easy chair in the living room and resulted from the careless discarding of a cigarette. The man died as a result of smoke inhalation. • House/duplex fire and fatality at 6024 35th St W. on August 13, 2007 caused an estimated $10,000 in structure damage and $5,000 in personal property damage. Firefighters arrived to find the victim unconscious in the hallway of her home. The victim was removed from the residence by firefighters, but they were unsuccessful in their attempts to resuscitate her. Fire damage was contained to the victim’s unit, but the attached residence did sustain smoke damage. A family pet was rescued. The fire was quickly brought under control and may have started in the kitchen of the victim’s unit. St. Louis Park Fire Department February 4, 2008 Meeting of June 16, 2008 (Item No. 4g) Subject: Fire Civil Service Commission Minutes February 4, 2008 Page 3 IV. Mutual Aid • We are still doing automatic mutual aid and have added Plymouth to the list of four other cities: Edina, Hopkins, Golden Valley and Minnetonka. We are continuing to talk to Minneapolis. V Staffing • 2007 was a busy year with both a Captains and Firefighters list being made. In particular, the Captain’s process, which had several complaints voiced against it following the previous process, was well received by those that participated. This success can be attributed to the Fire Civil Service Commission for their response to the plan that was proposed in 2006, outlining professional development for Lieutenants and Captains. • The Paid-On-Call had several people leave the organization. Our numbers are still good and no recruitment is planned at this time, however, we are getting close to a critical point where we may need to recruit for the Paid On Call positions. We are currently staffed at 21 Paid on Call and are budgeted for 25 positions. We are finding improved ways to hold people accountable to their position. VI. Fire Department Technology • Preliminary installation of mobile computers has been completed. We continue to experiment with new technology to improve the functionality of our mobile computers. An example of that is the Mobile Inspections module for Firehouse, which takes all of our pre- plan data and puts it at our company officer’s fingertips. We’ve made the improvement to CAD monitor, which means all of our run times are generated from dispatch and dumped into our fire reports, eliminating some data entry for the report writers. This is in the testing phase now and should be live by end of February, 2008. We are looking at the Mobile Command module for use in our Command Van. VII. Fire Prevention Bureau • When I started in St. Louis Park I asked myself how much could be happening in the way of new construction in a City that was already developed. Last year the city did more than 120 million dollars in new construction. This has had a significant impact on our ability to keep up with the required inspections. We are looking at ways to get more personnel involved. VIII Strategic Planning • We again met with the department this spring and have come up with some new initiatives for the department in the coming year. We continue to work with the process, especially in the area of accountability. Meeting of June 16, 2008 (Item No. 4g) Subject: Fire Civil Service Commission Minutes February 4, 2008 Page 4 IX Programs • The File of Life program was kicked off at the Fire Open House and was financed through a donation from Golden Living Center. This program was established to help Police and First Responders to provide service when a person may not be able to communicate effectively due to a medical reason or personal injury. The kit includes a magnetized refrigerator folder and an information card to indicate health problems, medications, allergies, emergency contacts, etc. The kit costs $2.00 per household. To date, 223 households have purchased a File of Life kit and $446.00 in revenue has been generated. The revenue generated is reinvested into the program to keep it mostly self sufficient. We will continue to market this program through the city website, Park Perspectives, neighborhood groups and various other groups and organizations, fire events and apartment/condo communities. • Our Child Car Seat Safety Program continues to be in great demand by both residents and non-residents. We currently provide two car seat installation sessions each month and the schedule fills up at least six weeks in advance. We have several career firefighters that are certified installers who come in on their off-duty days to conduct the sessions. As this program has been so successful, we are looking to expand the number of certified installers in order to provide additional sessions. The State of Minnesota certification time requirements have hindered this process, along with a lack of trainers within the State. There were 106 car seat safety inspections conducted in 2007, which generated $2,275.00 in revenue. X Fire Equipment • In 2007 we received a Fire Act Grant for $37,000 which we used to upgrade our existing turnout gear to meet new national standards. Included in this was funding that allowed us to also change our rubber boots over to leather boots, which are not as bulky as the rubber boots we were using. XI Stations • The Council had staff look at a number of different variables and bring the information back to them. Areas that were looked at were response times, call volume and type, available land, future development areas, potential redevelopment areas and financing options. Council reviewed this information and concluded that the best option for fire stations was not a single station but a two station format with the stations located in close proximity to their existing locations. Staff has been reviewing potential sites around the stations as well as exploring options of rebuilding both stations in their current locations. • In addition staff is working with a developer to incorporate a fire station design into their development plan. This plan would include a land swap with the new station located mostly in its existing site. Meeting of June 16, 2008 (Item No. 4g) Subject: Fire Civil Service Commission Minutes February 4, 2008 Page 5 Meeting Date: June 16, 2008 Agenda Item #: 4h OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA MAY 7, 2008--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Larry Shapiro MEMBERS ABSENT: Robert Kramer and Michael Silver STAFF PRESENT: Adam Fulton, Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call 2. Minutes: April 16, 2008 Commissioner Morris made a motion to approve the April 16, 2008 minutes. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 4-0-1 (Carper abstained). Commissioner Person arrived at 6:05 p.m. 3. Hearings A. Conditional Use Permit and Variance for drive-through pharmacy Location: 7200 Cedar Lake Road Applicant: Net Lease Development, LLC Case. No.: 08-11-CUP and 08-12-VAR Adam Fulton, Planner, presented the staff report. Commissioner Person said that in an earlier presentation on the Walgreen’s proposal there was discussion about the fire station. He asked for an update on plans for a new fire station. Mr. Fulton replied that at an earlier meeting there was a discussion regarding the potential with Walgreens of routing emergency vehicle access onto the west side of the site. It was studied and determined that it was not the preferred alternative for the Fire Station. Commissioner Morris asked about naming the storage room as a mezzanine storage room. Meeting of June 16, 2008 (Item No. 4h) Page 2 Subject: Planning Commission Minutes May 7, 2008 Mr. Fulton noted the general building height was 27 feet overall and toward the north side of the site the building is 38 feet. There will be a partial second story that would serve as a mezzanine for storage. Mr. Fulton explained that loading would take place on the first story and employees would move goods to the second story for storage from the inside. Commissioner Carper asked if the adjacent residential property was an apartment building. Mr. Fulton replied that he thought it was an apartment building. Commissioner Carper asked the location of the nearest pharmacy. Mr. Fulton responded staff doesn’t look at that from a procedural standpoint. This is a permitted use that could come in for a building permit were it not for the requested drive- through. He said he believed at the southeast corner of the intersection there was a Snyder drug store. Chair Robertson asked if building officials had looked at the plans. Mr. Fulton replied they were provided with copies of the site plan and did not return any comments. Commissioner Robertson indicated mezzanine had a strict definition in the building code and it was questionable if the proposal’s use of mezzanine met that definition. John Kohler, architect for Net Lease Development, was available for questions. Chair Robertson opened the public hearing. John Anderson, 2246 Quebec, expressed concerns about the 24-hour nature of the facility, after hours foot and auto traffic, and the number of chain stores coming into the City which alter the character of neighborhoods. The neighborhood association had comments he would e-mail to commissioners. Chair Robertson suggested the comments be sent to the City Council. Chair Robertson closed the public hearing as no one else was present wishing to speak. Commissioner Morris asked if the entire facility was 24 hours or only the drive-through. Mr. Fulton replied staff did not address that issue with the applicant. They would be allowed to operate 24 hours unless the CUP dictates otherwise. The Police Department indicated there are other 24 hour facilities in the City and they didn’t raise concerns about that. Meeting of June 16, 2008 (Item No. 4h) Page 3 Subject: Planning Commission Minutes May 7, 2008 Meg McMonigal, Planning and Zoning Supervisor, added that the hours of operation could be limited in the conditions of approval for the conditional use permit. Commissioner Morris asked if there is too much traffic in the future, could the hours be regulated through a different mechanism, such as amending the conditional use permit? Ms. McMonigal replied the conditional use permit was the mechanism. It was harder to go back and change it later. Commissioner Morris asked who determined hours of operation if it was not in the conditional use permit. Mr. Fulton replied that would be left to the applicant, unless there was a business license that would apply that would be used to restrict the hours of operation at a later date. Chair Robertson asked the applicant if there were proposed hours of operation. Allison Kern, Net Lease Development, responded at this time they were seeking approval of 24-hour operation, which was allowed in the C-2. From a business operation standpoint, it was uncertain at this point what the hours would be. It would be decided by Walgreens based on community demand. They would request flexibility for that in the future. Commissioner Morris asked if staff had discussed the hours of operation and the impact to the community. Mr. Fulton replied it had been discussed with the Police Department. The Police Department did not raise any concerns. Because it is a pharmacy drive-through, it was not seen as a drive-through with high traffic. Chair Robertson asked if that issue had been discussed at the neighborhood meeting. Ms. McMonigal responded the meeting was an open house format and hours of operation did not come up much. Commissioner Johnston-Madison asked if there was data on trip generation for a 24-hour pharmacy. She said she wouldn’t want to put restrictions on this at this meeting, but felt that information should be available for Council. Mr. Fulton replied staff looked at trip generation for the use and in comparison to the current use, they would generally expect the gas station to generate 1,800 trips a day. As a Walgreens with the adjacent retail, it would generate about 1,000 trips a day, which was a substantial reduction. Staff didn’t specifically look at the drive–through, but could get further information. Meeting of June 16, 2008 (Item No. 4h) Page 4 Subject: Planning Commission Minutes May 7, 2008 Chair Robertson said he had no problem with the conditional use permit, but was troubled by the variance. There was no hardship and the building could be sited differently. He suggested there be two motions for this item. The variance request was for convenience and he didn’t think it was justified and was not for the highest and best use. He went on to say once the Fire Station leaves this site, the entire site would be more easily developed. He was not comfortable handing out variances just because the applicant wanted it. He said he didn’t think it met the legal requirement of a hardship. Commissioner Morris asked if the existing use had a variance for the car wash. Mr. Fulton responded he didn’t recall whether it did. The existing site does have a conditional use permit. The requirements for a car wash are fairly stringent, so he imagined it probably did have a variance. Commissioner Morris stated Chair Robertson’s case was compelling. There was no hardship once the existing buildings are demolished. The shape of the land was not a hardship. He supported having two motions. Ms. McMonigal stated that the siting of the building was difficult circulation-wise and staff looked at many alternatives. There are five access points to the site and staff looked at reducing it to three and moving them further away from the corner for safety reasons. Staff tried to put full access as far west on the property as they could for circulation through the site. That was the only place to go in and out of the site and fully go around the building without having a lot of traffic conflicts. Mr. Kohler noted they looked at a number of other locations for the drive-through and the concern was if they had stacking, it would be stacked toward the entrance. Part of the reason for locating the drive-through on the east side was for traffic safety. They looked at many alternatives to keep the drive-through over the 100 feet so they wouldn’t need the variance. Commissioner Morris noted the third variance point and he didn’t think having a drive- through was a substantial property right. The site could be developed without a drive- through. He didn’t think the necessary points for a variance had been met with this site merely for the accommodation for a drive-through. He added that the Planning Commission hadn’t been shown any other configurations. Ms. Kern proposed the applicant could request that the variance vote be continued to give them the opportunity for further discussion and to outline what they saw as hardships for the site and the configuration with access points and easement restrictions. Chair Robertson stated the Planning Commission was a recommending body and if they voted against the variance, that was not binding and City Council has the right to look at that. He didn’t want to slow the process. The Commission could decide to table it or move it forward to City Council. Meeting of June 16, 2008 (Item No. 4h) Page 5 Subject: Planning Commission Minutes May 7, 2008 Commissioner Carper asked staff to clarify the term accommodation. He asked if the land holder has the right to maintain the existing five entrances. Is that an accommodation they were making to the City to close those entrances so now they need this particular accommodation? Mr. Fulton explained the existing site has five access points with two right-in/ right-out only, with three full access points. Because of the traffic conditions at Cedar Lake Road and Louisiana, it was not possible to redevelop this site and retain all of those access points. It was important to the City and was a requirement of the City Engineer to extend the medians to eliminate the full access points and make them right-in/right-out only. That had changed on the site and was taken into consideration by the project developers. Commissioner Johnston-Madison said she was very confident and comfortable that staff and the developer had done their due diligence to determine the siting. They had done their work and she thought the Planning Commission should move forward with both applications. She suggested the applicant bring some of the alternate plans when they go before Council. Commissioner Morris made a motion to separate the motions for conditional use permit and variance approval. Commissioner Robertson seconded the motion, and the motion passed on a vote of 5-1 (Johnston-Madison opposed). Commissioner Morris made a motion to recommend approval of the Conditional Use Permit, subject to conditions recommended by staff. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 6-0. Commissioner Morris made a motion to recommend denial of the variance as hardship could not be demonstrated. Commissioner Person seconded the motion, and the motion failed on a vote of 3-3 (Carper, Johnston-Madison and Shapiro opposed). B. Westling Estates (formerly Isabelle Estates) – Final Plat and Variances to preserve existing buildings Location: 8550 Minnetonka Boulevard Applicant: Golden Valley Land Co. - Peter Knaeble, President Case No.: 07-56-S and 08-15-VAR Meeting of June 16, 2008 (Item No. 4h) Page 6 Subject: Planning Commission Minutes May 7, 2008 Gary Morrison, Assistant Zoning Administrator, presented the staff report. He noted the changes from the approved preliminary plat were made in order to save the three existing structures. He noted a letter from the Historical Society dated May 5, 2008, in support of saving the existing structures. Commissioner Carper asked what is meant by the structure being removed? Would part of the foundation remain, but the structure rebuilt? Is there a certain percentage? Mr. Morrison responded it depended on wording of the variance. The barn is historically significant and they would want the structure to stay in its entirety. The expectation is that the historical significance of the structures would be retained. Peter Knaeble, applicant, stated it was their assumption if the buildings were removed there would be no need for the variances. One of the reasons they changed the name of the plat was to keep the family name on the property (from Isabelle Estates to Westling Estates). He said they indicated early on they were looking at options for the house. He was now confident the home would be saved. There was a lot of interest in that from the neighborhood, City Council and Historical Society. He said he was committed to saving the house and restoring it. It would meet code requirements required by the Inspections Dept. He hoped to make it a move-up home. Chair Robertson opened the public hearing. Cindy Soltow, 2930 Aquila, stated she would be sad to see the house and barn removed. She said she was concerned about what was happening with the lots. From an earlier meeting, she understood the Planning Commission didn’t like four lots in a row that would put a house so close to her property. Even with a ten-foot easement, it seemed close. She thought only three lots were approved and now four were proposed. She wondered what happened to the plan with the cul-de-sac. The garage forward house plan was also still in existence. Ms. McMonigal replied because the existing home is on the property line, there was an extra easement of ten feet put on the plat. Staff didn’t know why there was not a setback on the home at 2930 Aquila and they were unsure how that home was allowed to be built so close to the property line. To accommodate it, instead of a five-foot easement, there was ten feet and that would be a no build area. Four lots were approved by the City Council. Specific building plans were not proposed. The boxes on the plat show only where a home could possibly go. Ms. Soltow stated when the builders showed her the plan, the only way to put the type of housing they were proposing would be to have the garage forward because the lots are so narrow. She thought the Commission said at earlier meeting that garage forward was unacceptable. She said to have four houses so close together was unacceptable in that neighborhood and would change the character of the neighborhood. Meeting of June 16, 2008 (Item No. 4h) Page 7 Subject: Planning Commission Minutes May 7, 2008 Chair Robertson stated preserving the existing properties takes a cul-de-sac off the table and the Commission couldn’t force that. The City Council voted to move forward. He said he agreed with Ms. Soltow, but he was just one vote. Ms. Soltow had questions about variances and setbacks. Commissioner Robertson and Morris described setbacks in the R-1 and R-2 residential zoning districts. Ms. Soltow asked if she would have to eliminate her porch. Mr. Morrison replied no, the porch was there and built. He explained they tried to reach a compromise between the concerns Ms. Soltow raised and the applicant. Staff recommended a ten-foot easement, which was approved by Council. This is an unusual circumstance. In trying to strike a balance, they could ask for a larger setback, but that affected the style of house that could be built on the neighboring property. As no one else was present who wished to speak, Chair Robertson closed the public hearing. Commissioner Carper commented that the community had worked together to reach a means to save historical structures that had value in the community. The applicant did what they could to accommodate this and the adjacent property. He said he liked what had been accomplished. Chair Robertson thought the west lot was narrow and they would be disappointed. Commissioner Johnston-Madison made a motion to recommend approval of the final plat with variances, subject to conditions recommended by staff. Commissioner Carper seconded the motion, and the motion passed on a vote of 5-1 (Robertson opposed). 4. Other Business - None 5. Communications - None 6. Adjournment The meeting was adjourned 7:05 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: June 16, 2008 Agenda Item #: 4i OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA May 21, 2008--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson, Larry Shapiro MEMBERS ABSENT: Michael Silver STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call 2. Minutes: None 3. Hearings A. Amendments to the Zoning Ordinance Applicant: City of St. Louis Park Case No: 08-08-ZA Gary Morrison, Assistant Zoning Administrator, presented the staff report, discussing the proposed changes related to temporary structures, schools and religious institutions in residential zoning districts, sensitive uses and dynamic signs. Commissioner Morris asked if temporary structures included construction and sales trailers. Mr. Morrison replied those would be handled separately. There is a separate category for temporary construction structures and they are allowed as long as there is an open building permit. The same is true for sales trailers. Commissioner Carper stated when looking at payday loan and currency exchange it has to be 350 feet from educational or religious uses. Does that mean once one has been established, it serves as a barrier to locating something within 350 feet of that use? Mr. Morrison responded that was an excellent point and it seemed to be written that way. When the liquor ordinance was reviewed, there was a similar setback required and language was put in that allowed the residential, religious or educational use to go in without making the liquor use non-conforming. Staff would look into that language further. Meeting of June 16, 2008 (Item No. 4i) Page 2 Subject: Planning Commission Minutes May 21, 2008 Commissioner Johnston-Madison asked about educational and religious institutions. She asked if notification to property owners within 350 feet of the parcel would be added to the amendment. Mr. Morrison replied yes. Meg McMonigal, Planning and Zoning Supervisor, said schools and religious institutions are currently permitted without a public hearing or any notification. A CUP, in all cases, requires notification to property owners within 350 feet, which is a state law. The City Attorney advised to go with state law requirements, not a larger notification. Mr. Morrison stated a block of 50-foot wide lots would be seven houses. Neighborhood leaders are also notified. Commissioner Johnston-Madison thought seven houses didn’t seem like much. She asked if staff considered rounding up the setbacks for school and religious uses. Mr. Morrison said the problem with rounding it up was that the churches had been operating under the 30-foot setback. After doing a visual survey of the churches, staff found that most are around 30 feet from property lines. Moving them to 50 feet would make those structures non-conforming. Commissioner Johnston-Madison asked if that would be an issue with a church expansion. Mr. Morrison replied they could continue to operate, and they could replace the structure if something happened, they just couldn’t add on without a variance. Commissioner Johnston-Madison asked if a religious school fell under the school portion. She asked if it is covered under the 30 or 50-foot setback? Mr. Morrison replied educational covers both private and public. Commissioner Johnston-Madison asked about the dynamic display signs. She gave the example of signs on Highway 100 and at the Citizens Bank building. Mr. Morrison indicated the sign on Highway 100 was not legal currently. Scrolling and flashing is not allowed under the code as it stands. Animation could be allowed. Commissioner Johnston-Madison felt signage with scrolling words was disturbing while driving. Ms. McMonigal stated this amendment would affect that signage. Staff has identified fourteen signs in the city that would be affected and they would have to come into compliance with this ordinance. Meeting of June 16, 2008 (Item No. 4i) Page 3 Subject: Planning Commission Minutes May 21, 2008 Commissioner Johnston-Madison asked about temporary structures and if that covered sales tents. Mr. Morrison replied all temporary structures would be limited to 14 days. Commissioner Johnston-Madison asked how POD storage would be classified on commercial or residential properties. Mr. Morrison responded it would apply to commercial properties and the City does enforce it. They are limited to 14 days unless there is construction going on, in which case it went for the duration of the permit. It is handled in a similar manner for residential uses. Commissioner Kramer asked why payday loans and currency changes, gun shops, etc. are 1,000 feet away from similar uses, but only 350 feet from residential. Mr. Morrison stated that the setback for similar uses is 1,000 feet to space them out and avoid an accumulation of those uses within a block. It limits them to larger commercial areas. Chair Robertson asked for clarification about temporary structures and tents for fourteen days. He asked if there is a limit between take down and re-erection of the same tent? Mr. Morrison replied the maximum is fourteen days per calendar year anywhere on the property. Commissioner Robertson asked if there was an exemption for religious institutions and flashing signs. Mr. Morrison stated that got into the area of free speech where content isn’t regulated. The sign is regulated. Religious institutions need to comply with the same rules. Commissioner Carper asked about neon signs. Mr. Morrison replied those would also be covered under this amendment. Commissioner Carper asked if there were any signs like that in the City? Ms. McMonigal replied they didn’t have any. It might be different if it is a window sign, which are regulated differently. Usually that is where neon signs are. Commissioner Johnston-Madison asked if there are any payday loan agencies that are not in compliance with the 350 setback from residential. Meeting of June 16, 2008 (Item No. 4i) Page 4 Subject: Planning Commission Minutes May 21, 2008 Mr. Morrison replied yes, there were. Commissioner Kramer asked about flashing signage. Mr. Morrison responded the City regulates outside signage, not interior signage. There had been discussion about limiting the amount of signage visible through a window. Commissioner Johnston-Madison asked how this would be enforced. Mr. Morrison indicated it was enforced first by contacting owners and getting them into compliance. If they refuse, it is followed by a citation(s) and then a formal complaint would be filed. Ms. McMonigal added the City does have a formal written process. Staff tries to get compliance and does have a high percentage of compliance. Compliance is quite high in most cities. Owners are given several chances through the written process. When a complaint is turned over to the City Attorney, it will then go to court. Chair Robertson asked if gun stores include places like Cabella's, Walmart or Dick’s? Ms. McMonigal replied those stores would need a conditional use permit as would a separate gun shop. Chair Robertson stated that St. Louis Park has one stand-alone gun shop. He said the proposed amendment requiring visibility into the store could be problematic. The present store had troubles with attempted break-ins. He said he had an issue with an ordinance that would make gun shops vulnerable. Ms. McMonigal stated staff would discuss this with Police staff. She explained the idea is not that having guns visible would deter break-ins. Guns would have to be removed from display when the store is closed and there is visibility into the store. Chair Robertson believed it was problematic to have windows in front. He asked about the existing regulations for gun stores and asked what was changing. Mr. Morrison replied there were no additional regulations other than it was treated as retail. Commissioner Kramer asked about the language for business and trade schools, commenting that the the word “specialized degree” was part of it. He said a lot of college degrees are not very specialized. Ms. McMonigal stated that the definition was meant to cover a legitimate college with a degree program. Meeting of June 16, 2008 (Item No. 4i) Page 5 Subject: Planning Commission Minutes May 21, 2008 Commissioner Kramer wanted to make sure the word specialization was not misconstrued. Ms. McMonigal stated that possibly that word was not appropriate. Commissioner Kramer stated if the ordinance is changed, there will be signs that are non- compliant. He asked what would happen to those signs. Mr. Morrison said those signs cannot be grandfathered in. Only those that are legally using the signs under today’s code would need to come into compliance. There are some scrolling signs which are not allowed under the existing code. Commissioner Kramer knew of a few signs along Minnetonka Blvd. that flashed messages and he asked if those were legal. Mr. Morrison replied those were legal today. They would need to come into compliance with the 20-minute interval, dimming, etc. Chair Robertson opened the public hearing. Lois Zander, 3109 Zarthan Av., disagreed with religious and educational facilities being treated the same. Schools operate five days a week, have longer days and are 3-stories high with glass windows all over. A church is generally open for one day or has limited activities, has shorter days, are generally one-story and have stained glass windows. She felt 50 feet was a better setback for an educational facility and would not like to see it changed to 30 feet. She asked for clarification about the existing setback for playgrounds. Mr. Morrison replied that setback is 25 feet. Ms. Zander thought if an educational facility wanted to build closer than 50 feet, they could get a conditional use permit. Mr. Morrison noted they could get a variance. Ms. Zander asked about the process if someone had concerns about the staff recommendation. Chair Robertson explained that comments go into the record and are reviewed next by City Council. Julie Jergens, 3230 Yosemite Av., asked the rationale for changing the setback for educational uses. It was likely that Holy Family School in her neighborhood would be doing this. Thirty feet is much closer. Mr. Morrison responded a lot of thought went into this and staff looked at the uses and thought them to be similar. Religious uses are often used seven days a week. Staff looked at Meeting of June 16, 2008 (Item No. 4i) Page 6 Subject: Planning Commission Minutes May 21, 2008 the size of the parcels and the structures and parking and what is demanded of those parcels and tried to come up with a way to help them be more efficient and also be beneficial to the neighborhood. A 50-foot setback for the building means there is enough room for them to put another use there such as parking or a play area. Looking at the concerns of the neighborhood, they felt the building wall would be a quieter neighbor closer to the property line as opposed to a parking lot or play area. Ms. Jergens asked if a school building expands or builds new construction, what would happen to the parking? She asked if it be in the interior. Mr. Morrison responded the proposed amendment helps the property owner come up with an arrangement that works for them and use the land more efficiently, while presenting a quieter face toward the neighborhood. Ms. Jergens asked if they could put parking between the building wall and the street. Mr. Morrison replied they could, but they were limited in size by the parcel. If they are required to have a 50-foot setback, that was a large piece of land and they will try to find another use to go there and move things around. They may end up with parking or a play area there. Staff wanted to help keep the options open and put the quieter face, the building wall, toward the residents and keep the parking toward the street side. Ms. Jergens noted she agreed with Ms. Zander and asked staff to consider this carefully. As no one else was present, Chair Robertson closed the public hearing. Ms. McMonigal stated an option they hadn’t talked about was leaving the 50-foot setback for schools and 30-foot setback for churches as they were, but still put them under the conditional use permit. Typically for efficient parking you need one drive aisle and two rows and that takes 50-60 feet. There would be less parking adjacent to residential if it were changed to 30 feet. Every site and site plan are different. The main thing staff was trying to do was make these a conditional use so there was more public process and notification and a chance for Planning Commission and City Council to look at the site plan and review it. An applicant could apply for a variance if there is a site plan that would work better for the neighborhood. Commissioner Johnston-Madison thanked staff for an excellent job and said she liked the idea Ms. McMonigal just proposed. She would like to see the setbacks remain the same in that area. Commissioner Person made a motion to recommend approval of the proposed zoning ordinance amendments, with the 50-foot setback and other clarifications. Meeting of June 16, 2008 (Item No. 4i) Page 7 Subject: Planning Commission Minutes May 21, 2008 Chair Robertson stated he was still uncomfortable with the gun shop portion of the amendment. He didn’t like the safety issues with windows and those conditions and disagreed with the thinking about the type of use. He was uncomfortable separating one business type out and putting it with the loans and check cashing uses. He didn’t see it as part of that. He agreed with everything else. Commissioner Morris asked if the Chair would be more comfortable continuing the zoning amendment text change for just the currency exchange, payday loan businesses and gun shops and move forward on the other suggested amendments. Chair Robertson replied he would be more comfortable with that. Commissioner Morris felt the Commission could move forward with the comments from Commissioners Johnston-Madison and Person and support sending the religious and educational issue forward with a recommendation to delete the 30-foot setback. Chair Robertson stated he would be comfortable leaving the payday business portion in the motion and taking the gun shop portion out. Ms. McMonigal noted the other uses that require a conditional use permit in the C-2 district are: motor fuel station, restaurants with intoxicating liquor license, heliport, offices with a certain intensity, places of assembly and drive-through’s. The proposal was to add these three items to that list. She asked if the Commission was proposing to send the amendment forward and recommend denial of the gun shop being a conditional use permit? Chair Robertson replied yes, or to look at it a little further. Commissioner Morris suggested that as the motion hadn’t been seconded, it should be restated. Commissioner Morris restated the motion to recommend approval of the proposed zoning amendments with the exception that the education and religious institutions setback be withdrawn and that the gun shop conditional use permit language be held over to another meeting for discussion. Commissioner Person agreed to the restated motion. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 7-0. 4. Other Business - None 5. Communications - None Meeting of June 16, 2008 (Item No. 4i) Page 8 Subject: Planning Commission Minutes May 21, 2008 6. Adjournment The meeting was adjourned 6:50 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: June 16, 2008 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 Commissioners as city representatives POLICY CONSIDERATION: Does the Council wish to reappoint the commissioners listed below to serve another term to their respective commissions with the terms listed? Name Commission Term Expiration Joe Tatalovich Community Education Advisory Commission 06/30/2011 Shirley Zimmerman Community Education Advisory Commission 06/30/2011 Renee Fitzgerald Housing Authority 06/30/2013 BACKGROUND: The terms of the commissioners listed above will expire on June 30, 2008. Staff liaisons have been consulted and these Commissioners have indicated that they wish to be reappointed to a new term. Terms are for three years for the Community Education Advisory Commission and five years for the Housing Authority. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: None. Prepared by: Lisa Songle, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: June 16, 2008 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: Creation of Westmoreland Hills Owners’ Association Housing Improvement Area (HIA). RECOMMENDED ACTION: Staff recommends that the following three actions be taken for the implementation of the housing improvement area project: 1. Motion to adopt second reading of an ordinance to establish the Westmoreland Hills Owners’ Association Housing Improvement Area, approve summary, and authorize publication. 2. Motion to approve resolution to impose fees. 3. Motion to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and Westmoreland Hills Owners’ Association POLICY CONSIDERATION: Does the City Council wish to take the necessary steps to allow for the creation and implementation of the Westmoreland Hills HIA? State Statute authorizes cities to establish HIA’s 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 Council adopted the HIA policy in 2001, as a tool to finance the preservation and improvement of existing housing. The Westmoreland Hills Owners’ HIA meets the intention of city policy. Since 2001 the City has participated in the creation of three HIA’s – Cedar Trails Condominium Association in 2002, Wolfe Lake Condominiums in 2006 and Sungate One in 2007. BACKGROUND: On June 2, 2008 the City Council held a public hearing to establish the Westmoreland Hills Owners’ Association as a Housing Improvement Area (HIA). The association petitioned the City to establish the area for the purpose of financing needed common area improvements. The Council approved the first reading of an ordinance to establish Westmoreland Hills Owners HIA by a 5-0 -1 vote and scheduled the second reading for June 16, 2008. The attached staff report for the June 2, 2008 public hearing provides detailed background information. Meeting of June 16, 2008 (Item No. 8a) Page 2 Subject: 2nd Reading Westmoreland Hills Owners Association HIA The City Council hearing was attended by approximately six Westmoreland Hills Owners’ Association owners. The Association president spoke in support of creation of the HIA and no one spoke in opposition of the HIA. The loan amount would be $1,026,125 with a 15 year term at 5.85% interest rate. The interest rate for a non-bond HIA and other special assessments is one interest rate point above the 20-year Treasury rate. Fees would be payable with real estate taxes over a 15 year period beginning in 2009, or owners may opt to prepay the imposed fee by November 19, 2008. Required Implementation Actions: 1. Ordinance Establishing the Westmoreland Hills Owners’ Association Housing Improvement Area The ordinance establishes 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. The ordinance documents the process and provides the finance tool for common area improvements. Significant issues addressed in the ordinance are: • The City’s goal to maintain and preserve City’s housing stock and stabilize neighborhoods. • A majority of owners filed a petition requesting a public hearing regarding establishment of the HIA. • The association has documented that without establishment of the HIA, the common area improvements could not be made. • A public hearing was conducted on June 2, 2008. The City is required to publish a summary of the ordinance (attached) and mail the ordinance summary to owners of all units within five days of adoption of the ordinance. 2. Resolution to Impose Fees This document ensures that the City meets statutory requirements of imposing fees to unit owners for repayment of the association loan. The key issues are: • Fees will be imposed based on ownership percentage of units and will be payable beginning in 2009. Unit owners have been notified of their individual liability. • Fees will be payable with real estate tax payments. • The process for prepayment of fees by owners is described. • A written objection process allows individual owners to file an objection of inclusion in the area and subjection of fees. • A veto period follows the adoption of the ordinance, where 35% of the owners, or 35% of tax capacity, may file written objections. When this occurs the statute requires that the HIA not be put in place. Meeting of June 16, 2008 (Item No. 8a) Page 3 Subject: 2nd Reading Westmoreland Hills Owners Association HIA The City is required to mail a summary of the resolution to owners of all units within five days of its approval along with a notice of the veto process. 3. Contract for Private Development The City would enter into the Contract for Private Development with the Westmoreland Hills Owners’ Association after the 45 day veto period expires. Staff is working with Kennedy & Graven, Association Board members and Multiventure Properties, and their attorney regarding final revisions. Kennedy & Graven has outlined the major business points of the agreement: • Association will provide ongoing financial reports & records for the term of the loan. • Association will provide its assets in the form of dues, fees, assessments and covenants as security to the City. • Association will retain a replacement reserve fund agreed upon by the city and association for the term of the loan. • Association will retain professional property management for the term of loan. • Association will ensure improvements are completed according to specific requirements. • Monies will be disbursed as work is verified by City representatives as being completed. • Association will provide notice of fee to prospective buyers. 4. City of St. Louis Park Economic Development Authority (EDA) Internal Loan Fund Resolution This resolution will be considered by the EDA at its June 16 meeting preceding this Council meeting. The loan to the association would be an internal loan using the City/EDA Development Fund, rather than issuing bonds. The resolution formalizes the loan mechanism and includes: • A method of segregating loan funds from City funds by establishing a project fund. • Total loan amount is $1,026,125. $1,000,000 for construction, $11,500 for administrative, legal, financing, and inspecting architect fees, and $14,625 for capitalized interest prior to receipt of fee revenues. • 15-year term, 5.85% interest, accrual begins January 1, 2009. • Disbursement will be made to association upon written certification that items proposed for payment are complete and necessary. Meeting of June 16, 2008 (Item No. 8a) Page 4 Subject: 2nd Reading Westmoreland Hills Owners Association HIA FINANCIAL OR BUDGET CONSIDERATION: The proposed HIA would result in the City lending Westmoreland Hills Owners’ Association $1,026,125. The loan to the association would be an internal loan, using City/EDA Development Funds, rather than issuing bonds. The use of the Development Fund for the internal loan meets the Fund’s policy criteria. An internal loan resolution has been drafted to formalize the arrangement. The City’s Finance Director and City Assessor are involved in structuring the loan and ensuring assessment procedures are followed. A Development Agreement with the Association will ensure that the loan is secured by Association Assets, defined as dues, fees, assessments and other income owing to the Association from unit owners. Fees will be payable with property taxes beginning in 2009. Owners will have the option to prepay prior to the fees being assessed and avoid interest costs. The HIA loan actually earns money for the City in that the interest on the loan, 5.85%, is higher than interest that would be currently realized on the money if the city invested the money in approved city investments. VISION CONSIDERATION: The proposed Westmoreland Hills Owners’ Association 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: HIA Ordinance Summary of Ordinance Resolution Notice to Owners with Summaries of Ordinance & Resolution Council Report of June 2, 2008 Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Meeting of June 16, 2008 (Item No. 8a) Page 5 Subject: 2nd Reading Westmoreland Hills Owners Association HIA ORDINANCE NO. ____-08 ORDINANCE ESTABLISHING THE WESTMORELAND HILLS OWNERS’ HOUSING 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 Westmoreland Hills Owners’ Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Westmoreland Hills Owners Association’” all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Westmoreland Hills Owners’ Association (the “Condominium Association”) and with residents in the proposed Westmoreland Hills Owners’ Housing Improvement Area regarding the establishment of the Westmoreland Hills Owners’ 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 Westmoreland Hills Owners’ 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 June 2, 2008, 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 Westmoreland Hills Owners’ Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Westmoreland Hills Owners’ 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 Westmoreland Hills Owners’ Association. Meeting of June 16, 2008 (Item No. 8a) Page 6 Subject: 2nd Reading Westmoreland Hills Owners Association HIA 2.04. The Council further finds that designation of the Westmoreland Hills Owners’ Housing Improvement Area is needed to maintain and preserve the housing units within such area. 2.05 The City will be the implementing entity for the Westmoreland Hills Owners’ Housing Improvement Area and the improvement fee. 2.06 The Council finds that the Westmoreland Hills Owners’ 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 Westmoreland Hills Owners’ Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Westmoreland Hills Owners’ Housing Improvement Area contains 72 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 Westmoreland Hills Owners’ Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Westmoreland Hills Owners’ Housing Improvement Area: Site Improvements. Build accessory storage building. Replace retaining wall. Remove wood pool deck. Renovate privacy walls. Replace awning. Landscape improvements & install irrigation. Parking lot - replace wheel stops and signage. Building Exterior. Replace windows and patio doors, & remove patio door guardrails. Repair fixed window. Replace exterior trim, repair stucco, and clean exterior. Replace south entrance design feature & siding. Replace downspouts & attachments. Paint exterior trim and seal joints. Building Interiors. Replace carpeting, wall coverings, furniture and artwork. Paint and stain. Renovate saunas, toilets and elevator. Replace signage, mail boxes, lockers, and mail drop. Mechanical. Renovate the air conditioner and bath exhausts. Electrical. Replace and renovate exterior & interior lighting. Renovate car engine heater connections. Replace smoke detectors. 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; Meeting of June 16, 2008 (Item No. 8a) Page 7 Subject: 2nd Reading Westmoreland Hills Owners Association HIA (b) all administration, legal and consultant costs in connection with the Westmoreland Hills Owners’ Housing Improvement Area; and (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 Westmoreland Hills Owners’ 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 on the basis of each owned housing unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit B to Declaration of Covenants, Restrictions and Easements of Westmoreland Hills Owners’ Association dated as of July 28, 1980. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 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 expired 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 bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Act. Meeting of June 16, 2008 (Item No. 8a) Page 8 Subject: 2nd Reading Westmoreland Hills Owners Association HIA Section 7. Annual Reports. 7.01. On October 1, 2009, and each October 1, thereafter until there are no longer any outstanding obligations issued under the Act in connection with the Westmoreland Hills Owners’ Housing Improvement Area, Westmoreland Hills Owners’ 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 Westmoreland Hills Owners’ 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 Westmoreland Hills Owners’ 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 June 16, 2008. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting of June 16, 2008 (Item No. 8a) Page 9 Subject: 2nd Reading Westmoreland Hills Owners Association HIA EXHIBIT A TO ORDINANCE NO. ____-08 Legal Description 101 Condo No. 0238 Apartment No. 101, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 102 Condo No. 0238 Apartment No. 102, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 103 Condo No. 0238 Apartment No. 103, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 104 Condo No. 0238 Apartment No. 104, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 105 Condo No. 0238 Apartment No. 105, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 106 Condo No. 0238 Apartment No. 106, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 107 Condo No. 0238 Apartment No. 107, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 108 Condo No. 0238 Apartment No. 108, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 109 Condo No. 0238 Apartment No. 109, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 110 Condo No. 0238 Apartment No. 110, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 111 Condo No. 0238 Apartment No. 111, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 112 Condo No. 0238 Apartment No. 112, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 113 Condo No. 0238 Apartment No. 113, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 114 Condo No. 0238 Apartment No. 114, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 115 Condo No. 0238 Apartment No. 115, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 116 Condo No. 0238 Apartment No. 116, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 117 Condo No. 0238 Apartment No. 117, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 118 Condo No. 0238 Apartment No. 118, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 119 Condo No. 0238 Apartment No. 119, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 120 Condo No. 0238 Apartment No. 120, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 121 Condo No. 0238 Apartment No. 121, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 122 Condo No. 0238 Apartment No. 122, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 123 Condo No. 0238 Apartment No. 123, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 124 Condo No. 0238 Apartment No. 124, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 201 Condo No. 0238 Apartment No. 201, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 202 Condo No. 0238 Apartment No. 202, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 203 Condo No. 0238 Apartment No. 203, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 204 Condo No. 0238 Apartment No. 204, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 205 Condo No. 0238 Apartment No. 205, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 206 Condo No. 0238 Apartment No. 206, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 207 Condo No. 0238 Apartment No. 207, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 208 Condo No. 0238 Apartment No. 208, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 209 Condo No. 0238 Apartment No. 209, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 210 Condo No. 0238 Apartment No. 210, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 211 Condo No. 0238 Apartment No. 211, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 212 Condo No. 0238 Apartment No. 212, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 213 Condo No. 0238 Apartment No. 213, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 214 Condo No. 0238 Apartment No. 214, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 215 Condo No. 0238 Apartment No. 215, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 216 Condo No. 0238 Apartment No. 216, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 217 Condo No. 0238 Apartment No. 217, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 218 Condo No. 0238 Apartment No. 218, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 219 Condo No. 0238 Apartment No. 219, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 220 Condo No. 0238 Apartment No. 220, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 221 Condo No. 0238 Apartment No. 221, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 222 Condo No. 0238 Apartment No. 222, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 223 Condo No. 0238 Apartment No. 223, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 224 Condo No. 0238 Apartment No. 224, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 301 Condo No. 0238 Apartment No. 301, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. Meeting of June 16, 2008 (Item No. 8a) Page 10 Subject: 2nd Reading Westmoreland Hills Owners Association HIA 302 Condo No. 0238 Apartment No. 302, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 303 Condo No. 0238 Apartment No. 303, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 304 Condo No. 0238 Apartment No. 304, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 305 Condo No. 0238 Apartment No. 305, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 306 Condo No. 0238 Apartment No. 306, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 307 Condo No. 0238 Apartment No. 307, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 308 Condo No. 0238 Apartment No. 308, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 309 Condo No. 0238 Apartment No. 309, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 310 Condo No. 0238 Apartment No. 310, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 311 Condo No. 0238 Apartment No. 311, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 312 Condo No. 0238 Apartment No. 312, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 313 Condo No. 0238 Apartment No. 313, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 314 Condo No. 0238 Apartment No. 314, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 315 Condo No. 0238 Apartment No. 315, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 316 Condo No. 0238 Apartment No. 316, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 317 Condo No. 0238 Apartment No. 317, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 318 Condo No. 0238 Apartment No. 318, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 319 Condo No. 0238 Apartment No. 319, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 320 Condo No. 0238 Apartment No. 320, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 321 Condo No. 0238 Apartment No. 321, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 322 Condo No. 0238 Apartment No. 322, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 323 Condo No. 0238 Apartment No. 323, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 324 Condo No. 0238 Apartment No. 324, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. Meeting of June 16, 2008 (Item No. 8a) Page 11 Subject: 2nd Reading Westmoreland Hills Owners Association HIA SUMMARY ORDINANCE NO. _____-08 ORDINANCE ESTABLISHING THE WESTMORELAND HILLS OWNERS’ ASSOCIATION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A.11 to 428A.21. This ordinance establishes the Westmoreland Hills Owners’ Association Housing Improvement Area, which is the area legally described on Exhibit A of the Ordinance, and specifies the "Housing Improvements" that will be constructed in Westmoreland Hills Owners’ Association Housing Improvement Area and financed with the Housing Improvement Fee. This ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to provide the Housing Improvements. The fee is set by a separate City Council resolution, but the ordinance lays out the ground rules on how the fee will be determined. Those rules are summarized as follows: • The fee will be imposed based on each unit's percent of undivided ownership interest. • The fee may be prepaid according to the terms set forth in the resolution. • If the fee is not prepaid by November 19, 2008, it will be payable over 15 years. • The fee will be collected at the same time and in the same manner as property taxes. • The total fee for each unit may not exceed the amount specified in the notice of public hearing for the resolution imposing the fee. This ordinance provides that at any time after the City has entered into a contract with the Westmoreland Hills Owners’ Association for construction of the Housing Improvements, or after work has been ordered, the Council may begin disbursement to the Association of the proceeds of an internal 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. This ordinance requires that Westmoreland Hills Owners’ Association submit audited financial statements to the City each year while there are outstanding obligations issued under the Act. This ordinance shall take effect 45 days after the June 16, 2008 date of adoption, unless owners of at least 35 percent of the housing units in the Wolfe Lake Condominium Housing Improvement Area file an objection with the City Clerk prior to that effective date. Adopted by the City Council June 16, 2008 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: Meeting of June 16, 2008 (Item No. 8a) Page 12 Subject: 2nd Reading Westmoreland Hills Owners Association HIA CITY OF ST. LOUIS PARK RESOLUTION NO. 08-____ RESOLUTION APPROVING A HOUSING IMPROVEMENT FEE FOR THE WESTMORELAND HILLS OWNERS’ 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 Westmoreland Hills Owners’ Housing Improvement Area in order to facilitate certain improvements to property known as the "Westmoreland Hills Owners 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 Westmoreland Hills Owners’ Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing improvement fee for the Westmoreland Hills Owners’ Housing Improvement Area. 1.05. The Council has on June 2, 2008 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 Westmoreland Hills Owners’ Housing Improvement Area, were given an opportunity to be heard. 1.06 The Council finds that the Westmoreland Hills Owners’ 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, Westmoreland Hills Owners’ Association (the "Condominium Association") has submitted to the City a financial plan prepared Reserve Advisors, Inc., an independent third party, acceptable to the City and the Condominium Association, that provides for the Meeting of June 16, 2008 (Item No. 8a) Page 13 Subject: 2nd Reading Westmoreland Hills Owners Association HIA Condominium Association to finance maintenance and operation of the common elements in the Westmoreland Hills Owners’ and a long-range plan to conduct and finance capital improvements therein, all in accordance with Section 428A.14 of the Act. 1.08. For the purposes of this Resolution, the terms "Westmoreland Hills Owners’ 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 Westmoreland Hills Owners’ Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto, which Housing Improvement Fee is imposed on the basis of each housing unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit B to Declaration of Covenants, Restrictions and Easements of Westmoreland Hills Owners’ Association dated as of July 28, 1980, and as shown under the heading Percentage Ownership in that Exhibit. 2.02. The owner of any housing unit in the Westmoreland Hills Owners’ Housing Improvement Area may prepay the Housing Improvement Fee in total and without interest thereon between the effective date of this resolution and November 19, 2008. The amount of the prepayment is shown under the headings Total Prepayment Fee in Exhibit A. After November 19, 2008, the Housing Improvement Fee shall be imposed on an annual basis as described in 2.03, and housing unit owners shall be permitted to prepay the outstanding principal portion, with accrued interest at the rate of 5.85%, on any date. If a prepayment is made by November 20of 2009 or any subsequent year, the amount must include interest on the outstanding principal portion of the fee through the end of that calendar year. If a prepayment is made after November 20 of 2009 or any subsequent year, the amount must include interest through the end of the following calendar year. Partial prepayment of the Housing Improvement Fee shall not be permitted. Prepayment must be made to the City Treasurer. 2.03. If the Total Prepayment Fee is not paid between the effective date of this resolution and November 19, 2008, 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 2009, for a period no greater than 15 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, 2009 at an annual interest rate of 5.85% 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 November 19, 2008, 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 June 16, 2008 (Item No. 8a) Page 14 Subject: 2nd Reading Westmoreland Hills Owners Association 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 Westmoreland Hills Owners’ 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 Westmoreland Hills Owners’ 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 2009 and thereafter. Approved by the City Council of the City of St. Louis Park this 16th day of June, 2008. Reviewed for Administration: Adopted by the City Council June 16, 2008 City Manager Mayor Attest: City Clerk Meeting of June 16, 2008 (Item No. 8a) Page 15 Subject: 2nd Reading Westmoreland Hills Owners Association HIA EXHIBIT A TO RESOLUTION NO. 08-____ Fee Table Meeting of June 16, 2008 (Item No. 8a) Page 16 Subject: 2nd Reading Westmoreland Hills Owners Association HIA NOTICE TO RESIDENTS OF WESTMORELAND HILLS OWNERS’ ASSOCIATION REGARDING WESTMORELAND HILLS OWNERS’ ASSOCIATION HOUSING IMPROVEMENT AREA AND HOUSING IMPROVEMENT FEE On June 16, 2008 the City Council of the City of St. Louis Park adopted Ordinance No. ________establishing the Westmoreland Hills Owners’ Association Housing Improvement Area, and Resolution No _____ imposing a housing improvement fee to finance various housing improvements in that area, all pursuant to Minnesota Statutes, Chapter 428A.11 to 428A.21 (the "Act"). Owners of more than 25 percent of the housing units in Westmoreland Hills Owners’ Association Housing Improvement Area filed petitions with the City Clerk requesting a public hearing regarding both the ordinance and the fee resolution. The public hearings for the ordinance and the fee resolution were held on June 2, 2008. Within 5 days after adoption of the ordinance and the resolution, the City is required under the Housing Improvement Act to mail this notice to owners of each housing unit in the affected area. Following is a summary of the ordinance and the resolution, and some important information about your rights as an owner of a housing unit in Wolfe Lake Housing Improvement Area. SUMMARY OF ORDINANCE NO. Affected Area: The ordinance establishes Westmoreland Hills Owners’ Association Housing Improvement Area, which is the area legally described on Exhibit A. Housing Improvements: The ordinance specifies the "Housing Improvements" that will be constructed in Westmoreland Hills Owners’ Association Housing Improvement Area and financed with the Housing Improvement Fee. Those improvements are defined as follows: Site Improvements. Build accessory storage building. Replace retaining wall. Remove wood pool deck. Renovate privacy walls. Replace awning. Landscape improvements & install irrigation. Parking lot - replace wheel stops and signage. Building Exterior. Replace windows and patio doors, & remove patio door guardrails. Repair fixed window. Replace exterior trim, repair stucco, and clean exterior. Replace south entrance design feature & siding. Replace downspouts & attachments. Paint exterior trim and seal joints. Building Interiors. Replace carpeting, wall coverings, furniture and artwork. Paint and stain. Renovate saunas, toilets and elevator. Replace signage, mail boxes, lockers, and mail drop. Mechanical. Renovate the air conditioner and bath exhausts. Electrical . Replace and renovate exterior & interior lighting. Renovate car engine heater connections. Replace smoke detectors. Meeting of June 16, 2008 (Item No. 8a) Page 17 Subject: 2nd Reading Westmoreland Hills Owners Association HIA Housing Improvement Fee: The ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to provide the Housing Improvements. The fee is set by a separate City Council resolution (see below), but the ordinance lays out the ground rules on how the fee will be determined. Those rules are summarized as follows: • The fee will be imposed based on each unit's percent of undivided ownership interest, as described in as described in Exhibit B to Declaration of Covenants, Restrictions and Easements of Westmoreland Hills Owners’ Association. • The fee may be prepaid according to the terms set forth in the resolution. • If the fee is not prepaid by November 19, 2008, it will be payable over a period of 15 years. • The fee will be collected at the same time and in the same manner as property taxes. • The total fee for each unit may not exceed the amount specified in the notice of public hearing for the resolution imposing the fee. Financing: The ordinance provides that at any time after the City has entered into a contract with the Westmoreland Hills Owners’ Association for construction of the Housing Improvements, or after work has been ordered, the Council may begin disbursement to the Association of the proceeds of an internal 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. At any time the City may refinance the loan or any unpaid portion of the loan by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Act. Annual Report: The ordinance requires that Westmoreland Hills Owners’ Association submit audited financial statements to the City each year while there are outstanding obligations issued under the Act. SUMMARY OF RESOLUTION NO. ______ Fee Imposed: The resolution describes the total Housing Improvement Fee for each housing unit, which is based on that unit's percentage share of ownership interest in the Westmoreland Hills Owners’ Associations. The total cost of the Housing Improvements is: $1,026,125 including administrative costs. The annual fee per unit is shown on Exhibit A to the resolution. Prepayment: The Housing Improvement Fee may be prepaid in total, without interest, before November 19, 2008, after which it may be prepaid in total in an amount equal to outstanding principal plus accrued interest. Prepayments made before November 20, 2009 and subsequent years must include accrued interest through the end of the then-current year, while prepayments made after November 20 of 2008 and subsequent years must include accrued interest through the end of the following year. Annual Payment: For housing unit owners who do not prepay the Housing Improvement Fee on or before November 19, 2008, an annual Housing Improvement Fee will be imposed beginning in 2009 for a period no greater than 15 years. The fee will include interest on an internal loan made by the City at a rate of 5.85%, beginning in January of 2009. Meeting of June 16, 2008 (Item No. 8a) Page 18 Subject: 2nd Reading Westmoreland Hills Owners Association HIA County Fee: An additional fee of less than $5.00 may be imposed by Hennepin County for administrative services in order for the Housing Improvement Fee to be made payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes. NOTICE OF RIGHT TO FILE OBJECTIONS Housing unit owners subject to the Housing Improvement Fee have a right to veto either the ordinance, the fee resolution, or both if owners of at least 35 percent of the housing units within Westmoreland Hills Owners Association Housing Improvement Area file an objection with the City Clerk before the effective date of the ordinance or the resolution. The key dates are as follows: Ordinance and Resolution adopted: June 16, 2008 Resolution and Ordinance effective; veto/objections filing deadline: July 31, 2008 City deadline to prepay fee in total without interest: November 19, 2008 FURTHER INFORMATION Copies of Ordinance No. ______and Resolution No. _____ are on file with City Clerk for public inspection (The fee for each unit is attached as Exhibit A to the resolution). If you have questions about the Westmoreland Hills Owners’ Association Housing Improvement Area or the housing improvement fee, contact Kathy Larsen, Housing Program Coordinator, at 952-924-2196. Dated: June 16, 2008 Meeting of June 16, 2008 (Item No. 8a) Page 19 Subject: 2nd Reading Westmoreland Hills Owners Association HIA EXHIBIT A TO NOTICE TO RESIDENTS OF WESTMORELAND HILLS OWNERS’ ASSOCIATION REGARDING WOLFE LAKE HOUSING IMPROVEMENT AREA AND HOUSING IMPROVEMENT FEE Fee Table Meeting of June 16, 2008 (Item No. 8a) Page 20 Subject: 2nd Reading Westmoreland Hills Owners Association HIA Legal Description of the Underlying Land – Westmoreland Hills Owners’ Associations 101 Condo No. 0238 Apartment No. 101, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 102 Condo No. 0238 Apartment No. 102, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 103 Condo No. 0238 Apartment No. 103, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 104 Condo No. 0238 Apartment No. 104, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 105 Condo No. 0238 Apartment No. 105, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 106 Condo No. 0238 Apartment No. 106, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 107 Condo No. 0238 Apartment No. 107, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 108 Condo No. 0238 Apartment No. 108, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 109 Condo No. 0238 Apartment No. 109, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 110 Condo No. 0238 Apartment No. 110, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 111 Condo No. 0238 Apartment No. 111, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 112 Condo No. 0238 Apartment No. 112, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 113 Condo No. 0238 Apartment No. 113, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 114 Condo No. 0238 Apartment No. 114, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 115 Condo No. 0238 Apartment No. 115, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 116 Condo No. 0238 Apartment No. 116, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 117 Condo No. 0238 Apartment No. 117, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 118 Condo No. 0238 Apartment No. 118, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 119 Condo No. 0238 Apartment No. 119, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 120 Condo No. 0238 Apartment No. 120, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 121 Condo No. 0238 Apartment No. 121, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 122 Condo No. 0238 Apartment No. 122, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 123 Condo No. 0238 Apartment No. 123, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 124 Condo No. 0238 Apartment No. 124, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 201 Condo No. 0238 Apartment No. 201, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 202 Condo No. 0238 Apartment No. 202, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 203 Condo No. 0238 Apartment No. 203, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 204 Condo No. 0238 Apartment No. 204, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 205 Condo No. 0238 Apartment No. 205, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 206 Condo No. 0238 Apartment No. 206, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 207 Condo No. 0238 Apartment No. 207, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 208 Condo No. 0238 Apartment No. 208, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 209 Condo No. 0238 Apartment No. 209, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 210 Condo No. 0238 Apartment No. 210, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 211 Condo No. 0238 Apartment No. 211, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 212 Condo No. 0238 Apartment No. 212, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 213 Condo No. 0238 Apartment No. 213, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 214 Condo No. 0238 Apartment No. 214, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 215 Condo No. 0238 Apartment No. 215, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 216 Condo No. 0238 Apartment No. 216, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 217 Condo No. 0238 Apartment No. 217, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 218 Condo No. 0238 Apartment No. 218, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 219 Condo No. 0238 Apartment No. 219, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 220 Condo No. 0238 Apartment No. 220, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 221 Condo No. 0238 Apartment No. 221, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 222 Condo No. 0238 Apartment No. 222, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 223 Condo No. 0238 Apartment No. 223, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 224 Condo No. 0238 Apartment No. 224, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 301 Condo No. 0238 Apartment No. 301, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 302 Condo No. 0238 Apartment No. 302, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 303 Condo No. 0238 Apartment No. 303, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 304 Condo No. 0238 Apartment No. 304, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. Meeting of June 16, 2008 (Item No. 8a) Page 21 Subject: 2nd Reading Westmoreland Hills Owners Association HIA 305 Condo No. 0238 Apartment No. 305, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 306 Condo No. 0238 Apartment No. 306, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 307 Condo No. 0238 Apartment No. 307, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 308 Condo No. 0238 Apartment No. 308, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 309 Condo No. 0238 Apartment No. 309, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 310 Condo No. 0238 Apartment No. 310, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 311 Condo No. 0238 Apartment No. 311, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 312 Condo No. 0238 Apartment No. 312, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 313 Condo No. 0238 Apartment No. 313, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 314 Condo No. 0238 Apartment No. 314, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 315 Condo No. 0238 Apartment No. 315, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 316 Condo No. 0238 Apartment No. 316, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 317 Condo No. 0238 Apartment No. 317, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 318 Condo No. 0238 Apartment No. 318, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 319 Condo No. 0238 Apartment No. 319, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 320 Condo No. 0238 Apartment No. 320, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 321 Condo No. 0238 Apartment No. 321, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 322 Condo No. 0238 Apartment No. 322, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 323 Condo No. 0238 Apartment No. 323, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. 324 Condo No. 0238 Apartment No. 324, Apartment Ownership No. 238, Westmoreland Hills Condominium, located in Hennepin County. Meeting of June 16, 2008 (Item No. 8a) Page 22 Subject: 2nd Reading Westmoreland Hills Owners Association HIA Meeting Date: June 2, 2008 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 on Westmoreland Hills Owners’ Association Housing Improvement Area (HIA). RECOMMENDED ACTION: Mayor to close Public Hearing. Motion to adopt first reading of an ordinance to establish the Westmoreland Hills Owner’s Association Housing Improvement Area and to set Second Reading for June 16, 2008. POLICY CONSIDERATION: State Statute authorizes cities 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 Council adopted the HIA policy in 2001, as a tool to finance the preservation and improvement of existing housing. The Westmoreland Hills HIA proposal meets the intent of city policy. Since 2001 the City has created three HIAs – Cedar Trails Condominium Association in 2002, Sungate One Condominiums in 2006, and Wolfe Lake Condominium in 2007. BACKGROUND: Westmoreland Hills Owners’ Association, located at 4530 Park Commons Drive, is a three-story 72 unit building. The building was constructed in 1962 and converted to condominiums in 1980. The units vary in size and features and are 83% owner occupied. The City’s HIA policy requires that only associations where the average unit value is less than or equal to the Minnesota Housing Finance Agencies guideline for first time homebuyers ($298,000 in 2008) can apply for the HIA tool. The value of the Westmoreland units is consistent with the policy, with 2008 estimated market values ranging from the $70,000 to $140,000. Meeting of June 16, 2008 (Item No. 8a) Page 23 Subject: 2nd Reading Westmoreland Hills Owners Association HIA The preliminary application was submitted in April 2008, and has been reviewed by staff and the City’s financial advisor, Ehlers and Associates. The Association presented 38 signed petitions, representing 52.8% of the owners, requesting this public hearing (city policy requires petitions from 51% of the owners). Analysis of Application: The following analysis describes how the proposal meets the HIA policy and intentions of the statute. 1. The Association contracted with a third party to conduct a reserve study. The Association has contracted with Multiventure Properties Inc., their property management company for the past five years. The Association, in preparation of the HIA application, had a reserve study conducted by Reserve Advisors, Inc. in 2005. The study includes a physical needs assessment, twenty year capital improvement plan and a financial analysis of the existing and projected financial situation. The Board of Directors had contracted with a firm to compile a scope of work in 2007, and has since contracted with The Collaborative Design Group for architectural services including bidding assistance. The proposed scope of work is based on the physical assessment determination of two firms, the reserve study and discussions with the Board. The membership, Board, and architects have discussed the proposed plans at a full membership meeting and discussion in March and April of 2008. The reserve study indicates that projected association fee increases will meet operational needs and the Association will be capable of funding future improvements with their reserves. 2. Project Costs are reasonable and eligible for use of the HIA. The total construction estimate is $1,000,000. The following improvements are consistent with HIA guidelines in that they are all common area improvements and improvements integral to the operation of the buildings and include: Site Improvements. $94,000. Build accessory storage building. Replace retaining wall. Remove wood pool deck. Renovate privacy walls. Replace awning. Landscape improvements & install irrigation as budget allows. Parking lot - replace wheel stops and signage. Building Exterior. $473,000. Replace windows and patio doors, & remove patio door guardrails. Repair fixed windows. Replace exterior trim, repair stucco, and clean exterior. Replace south entrance design feature & siding. Replace downspouts & attachments. Paint exterior trim and seal joints. Building Interiors. $98,000. Replace carpeting, wall coverings, furniture and artwork. Paint and stain. Renovate saunas and toilets. Replace signage, mail boxes, lockers, and mail drop. Elevator. $88,000. Renovate and modernize to comply with 2007 state standard. Mechanical. $15,000. Repair/renovate the air conditioner and bath exhaust ducting. Meeting of June 16, 2008 (Item No. 8a) Page 24 Subject: 2nd Reading Westmoreland Hills Owners Association HIA Electrical. $40,000. Replace and renovate exterior & interior lighting. Renovate car engine heater connections. Replace smoke detectors. Contingency. $73,000. General Contractor Costs $119,000. Permits, GC conditions, letter of credit, fee & profit. 3. Estimated Cost of Improvements to be paid in whole or in part by Housing Improvement Fee: $1,026,125 including $11,500 for city admin and legal fees, financial advisor and inspecting architect as well as $14,625 for capitalized interest. The above estimates are based on bids that have been received and reviewed by Collaborative Design Group, Inc, the project architect, and the Association Board and membership. The proposed loan would be $1,026,125 and would cover construction and soft costs as noted in the following table. The loan would include the fee to be paid to the City along with funds to cover the City’s legal and advisory costs. Table 1. Project Costs Westmoreland Hills HIA Project Costs Construction Costs $1,000,000 City Admin Fee $5,000 Legal Fees $2,500 Financial Advisor $3,000 Construction Oversight $1,000 Capitalized Interest $14,625 Total $1,026,125 3. 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. 4. The Association’s Process and Timeline meets requirements. The Association’s communication regarding the HIA has been ongoing since April 2005. • Staff met with the Board and members to discuss the HIA tool and process at three meetings during the preliminary process. Meeting of June 16, 2008 (Item No. 8a) Page 25 Subject: 2nd Reading Westmoreland Hills Owners Association HIA • The membership meeting in March of 2006 resulted in an owner survey regarding financing common area improvements. Two-thirds of the owners responded that they favored financing between $600,000 – 1,000,000 for improvements. In addition to the survey, the scope of work and financing were discussed at the Annual meetings in 2006, 2007 and again in 2008. At a meeting in March 2008, forty percent of the owners were present and indicated support of the HIA designation from the City. This meeting is a requirement of City policy. • Petitions have been signed by just over 52.8% (38) of the owners and a public hearing is scheduled for June 2, 2008. 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. • Construction is proposed to begin in July/August 2008 and complete in same year. 5. The HIA financing is necessary for this project. The Westmoreland Hills Owners’ Association applied for credit from M&I, TCF and Wells Fargo Bank. Their requests were rejected based on insufficient collateral and large amount requested. The HIA is designed to be a last resort finance tool for associations. It 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 property 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, consistent with delinquency rating of single family homes. • The HIA provides affordable payment options, averaging approximately $127/month. This payment will still allow association fees to increase gradually to ensure adequate funds for operation and long term maintenance. 6. Fees and Loan Term. The average fee per unit will be $14,250 with an annual cost per unit of $1,525 including interest, payable over 15 years. Owners will be allowed to prepay the full amount without interest until November 19, 2008 at which time the fee information will be provided to the County for certification. Owners opting to make a 15 year repayment will begin payments with the 2009 property tax payments. It is interesting to note that forty percent of the Cedar Trails owners, twenty-five percent of the Sungate One owners, and sixteen percent of Wolfe Lake owners opted to prepay the fee amount. Meeting of June 16, 2008 (Item No. 8a) Page 26 Subject: 2nd Reading Westmoreland Hills Owners Association HIA Table 2. Loan Terms Project Costs $1,000,000 Capitalized Interest $14,625 Soft Costs $11,500 Total Loan Amount $1,026,125 Term (years) 15 Interest Rate 5.85% Average Annual Debt Service $104,620 Required Coverage (105%) $109,851 Total Units 72 Cost/Unit - Annual $1,525 Cost/Unit - Monthly (Average) $127 Average Assessment - Per/Unit $14,250 Next Steps: • June 16, 2008, second reading of the ordinance; consider adoption of ordinance and resolution and EDA Loan Resolution. • 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 proposed HIA would result in the City lending Westmoreland Hills Owners’ Association $1,026,125. The loan to the association would be an internal loan, using City/EDA Development Funds, rather than issuing bonds. The use of the Development Fund for the internal loan meets the Fund’s policy criteria. An internal loan resolution will be drafted to formalize the arrangement. The City’s Finance Director and City Assessor are involved in structuring the loan and ensuring assessment procedures are followed. A Development Agreement with the Association will ensure that the loan is secured by Association Assets, defined as dues, fees, assessments and other income owing to the Association from unit owners. Fees will be payable with property taxes beginning in 2009. Owners will have the option to prepay prior to the fees being assessed and avoid interest costs. The HIA loan actually earns money for the City in that the interest on the loan, 5.85%, is higher than interest that would be realized on the money if the city invested the money in approved city investments. Meeting of June 16, 2008 (Item No. 8a) Page 27 Subject: 2nd Reading Westmoreland Hills Owners Association HIA VISION CONSIDERATION: The proposed Westmoreland Hills 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: HIA Ordinance HIA Resolution (for reference only) Prepared by: Kathy Larsen, Housing Programs Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: June 16, 2008 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: Liquor Licensees - 4 a.m. Closing during 2008 Republican National Convention. RECOMMENDED ACTION: Motion to approve Resolution allowing on-sale liquor licensees a temporary permit to serve alcohol until 4:00 a.m. for the period of September 1–5 during the 2008 Republican National Convention with a fee set at $300 per establishment. POLICY CONSIDERATION: Does the Council wish to allow the temporary 4:00 a.m. closing time to interested on-sale intoxicating liquor licensed establishments during this time period of the 2008 Republican National Convention? BACKGROUND: The Minnesota Legislature enacted special and temporary legislation allowing local licensing jurisdictions, at their discretion, to issue special permits for serving alcohol until 4:00 a.m. each day during the 2008 Republican National Convention (September 1 – 5, 2008) to holders of an existing on-sale intoxicating liquor license or a 3.2 malt liquor license. Staff conducted a survey of interest with the 26 on-sale licensees. The following licensees have shown a possible interest: Bennigan’s, Doubletree Park Place Hotel, Marriott Mpls West Hotel, Santorini’s, Granite City Food & Brewery, and TGI Friday’s. At the June 9, 2008 Study Session Meeting discussion took place regarding the optional closing time. Police Chief Luse stated although additional police staffing would be required, he felt allowing the few interested establishments to remain open until 4:00 a.m. during the convention would have a minimal affect on the city. Chief Luse also indicated it was expected most of the convention attendees will not be driving and instead will be transported by bus or shuttles between St. Paul and their hotels. There was agreement with the majority of council to allow the extended closing time and this item is now being brought for council action. The statute authorizes that licensing jurisdictions may limit approval to specified geographic, zoning, or license classifications within its jurisdiction, or to specific days within the time period described. Jurisdictions may also charge a fee of up to, but not to exceed, $2,500 for issuing this special permit. Staff has considered $300.00 a reasonable fee to cover necessary expenses for additional staff time needed by Police Department and City Clerk Department. Meeting of June 16, 2008 (Item No. 8b) Page 2 Subject: Liquor License 4 a.m. Closing during Republican National Convention If council approves authorization of on-sale liquor licensees to serve alcohol until 4:00 a.m. from the period of September 1–5, interested licensees would complete an application, submit a $300.00 fee, and a temporary permit would be issued. The City Clerk’s office would work closely with the Police Department regarding all applicants. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Reviewed by: John Luse, Police Chief Approved by: Tom Harmening, City Manager Meeting of June 16, 2008 (Item No. 8b) Page 3 Subject: Liquor License 4 a.m. Closing during Republican National Convention RESOLUTION NO. 08-___ RESOLUTION ALLOWING ISSUANCE OF TEMPORARY SPECIAL PERMITS TO ON-SALE INTOXICATING LIQUOR ESTABLISHMENTS IN THE CITY OF ST. LOUIS PARK FOR SERVING ALCOHOL UNTIL 4:00 A.M. FOR THE PERIOD OF SEPTEMBER 1-5, 2008 DURING THE REPUBLICAN NATIONAL CONVENTION WHEREAS, Minnesota Legislature has enacted special and temporary legislation allowing local licensing jurisdictions in the metropolitan area to extend the hours of alcohol service until 4:00 a.m. during the 2008 Republican National Convention held in St. Paul, Minnesota, and WHEREAS, the extended hours would apply only during the period from Monday, September 1, 2008 through Friday, September 5, 2008, and WHEREAS, the temporary special permits would only be allowed to existing on-sale intoxicating liquor licensees for a fee of $300.00, and NOW THEREFORE BE IT RESOLVED the City Council of the City of St. Louis does hereby support authorization to allow the issuance of temporary special permits to existing on-sale intoxicating liquor licensees in the City of St. Louis Park for the serving of alcohol until 4:00 a.m. during the period of September 1-5, 2008. Reviewed for Administration: Adopted by the City Council June 16, 2008 City Manager Mayor Attest: City Clerk Meeting Date: June 16, 2008 Agenda Item #: 8c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Conditional Use Permit for the placement of fill material in Fern Hill Park. RECOMMENDED ACTION: Motion to adopt Resolution approving placement of fill in Fern Hill Park with conditions. POLICY CONSIDERATION: Does the City Council wish to allow fill to be hauled into the park for purposes of rehabilitating the park? Redeveloping Fern Hill Park is part of the City’s long range plan to systematically upgrade park amenities and has been planned and budgeted for in the Capital Improvements Plan. BACKGROUND: Redevelopment of Fern Hill Park has been planned for this year. Intended improvements included redeveloping turf areas, demolishing the existing building and constructing a picnic shelter at Fern Hill Park. In addition, building a tennis court and a new trail were added as a result of the neighborhood process. The redevelopment will make the existing facilities more useable to the residents and athletic teams who use the park by fixing drainage problems and improving the turf and hard court areas. It is expected approximately 500 cubic yards of fill will be needed, which requires a Conditional Use Permit be approved by the City Council. FINANCIAL OR BUDGET CONSIDERATION: Upgrading the park was identified in the City’s Capital Improvement Plan. The Park Improvement Fund is the funding source for the improvements. VISION CONSIDERATION: Upgrading and redeveloping the park system addresses two strategic directions of the City: “St. Louis Park is committed to being a connected and engaged community” and “St. Louis Park is committed to promoting and integrating arts, culture, and community aesthetics in all City initiatives, including implementation where appropriate.” The park and the process of redeveloping it provide a venue for community engagement. Improving the physical assets (new courts, turf, trails and picnic shelter) will vastly improve community aesthetics in the neighborhood. Meeting of June 16, 2008 (Item No. 8c) Page 2 Subject: Conditional Use Permit Fern Hill Park ADDITIONAL BACKGROUND: Fern Hill Park is currently used by the neighborhood and by a variety of city and youth association programs such as the summer playground program, youth baseball, youth soccer and youth T-ball. To accommodate changing trends in youth and adult sports, the intent is to use the park in a similar way with some modifications. The initial reconstruction of the turf area of Fern Hill Park includes the following: reconstruction of the parking lot (with a cost sharing of 25% to be paid by Torah Academy), drainage improvement in the entire park (regrading and bringing in proper soils), reconstructing the basketball court, reconstructing the baseball field (new infield ag-lime and fencing), the addition of a safety light by the playground equipment, and the addition of a trail that surrounds the park (an intra-park loop). Through meetings with the neighborhood, it became apparent that they would like to have a tennis court(s) added to the park. Due to the limited size of the park, it is possible to include one tennis court without disturbing other park uses. The addition of two or more courts would take away the green space used for a variety of activities. The neighborhood cited the need for a tennis court because of the loss of other courts in the area at the Bass Lake site and also because there are not other courts close to this park or within their neighborhood area. In addition to adding tennis courts, several neighbors would like the trail extended from the park to Joppa Avenue to allow park users better pedestrian access to the park. Staff believes this would be an excellent addition to the project. CONDITIONAL USE PERMIT: New material will be brought in to reconstruct the park this summer. Material that is excavated from the site will be reused on the site. Given the amount of fill being hauled in, a Conditional Use Permit is required to be approved. The hauling route will be Highway 100 to Minnetonka Boulevard to Joppa Avenue to 28th Street. Hauling is anticipated to take place this summer and will take two to three weeks. Per Ordinance, hauling can occur between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 10:00 p.m. on the weekend and holidays; the recommendation is to limit evening hauling to 7:00 p.m. Contractors are required to comply with state requirements and local ordinance requirements. The Parks staff will ensure that the contract includes requirements for controlling dust and noise as necessary. Process A public hearing is required for all CUPs. All property owners within 350 feet of the park were notified by mail. The Planning Commission held a public hearing on June 4, 2008. No one was present to speak and the Commission recommended approval of the Conditional Use Permit. Meeting of June 16, 2008 (Item No. 8c) Page 3 Subject: Conditional Use Permit Fern Hill Park Parks and Recreation Staff also held two neighborhood meetings: February 12, 2008 (21 attendees) and April 15, 2008 (approximately 25 attendees) to explain and discuss the project. Neighbors expressed concern over lighting, traffic and parking. Several modifications were made to the site plan to accommodate the neighbors concerns, including the addition of a tennis court and trail and the removal of field lights. The City Council directed implementation of these changes. Recommendation: Staff and Planning Commission recommend approval of the Conditional Use Permit to allow the placement of fill to construct in Fern Hill Park the conditions as follows: 1. The haul route shall be Highway 100 to Minnetonka Boulevard to Joppa Avenue to 28th Street. 2. Hauling can occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 7:00 p.m. on the weekend and holidays. 3. All contractors are required to comply with state and local dust and noise ordinances. Attachments: Resolution Aerial Photo Site Plan Typical Picnic Shelter drawing Prepared By: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Cindy Walsh, Parks and Recreation Director Approved by: Tom Harmening, City Manager Meeting of June 16, 2008 (Item No. 8c) Page 4 Subject: Conditional Use Permit Fern Hill Park RESOLUTION NO. 08-____ RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT GRADING, FILL AND LAND RECLAMATION FOR PROPERTY ZONED R-1 SINGLE FAMILY ZONING DISTRICT LOCATED AT 4421 28TH STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of grading, fill and land reclamation within a R-1 Single Family Zoning District located at 4421 28th Street West. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-20-CUP) and the effect of the proposed placement of fill material on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the placement of fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed placement of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 08-20-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit grading, fill and land reclamation at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. The haul route shall be Highway 100 to Minnetonka Boulevard to Joppa Avenue to 28th Street. Meeting of June 16, 2008 (Item No. 8c) Page 5 Subject: Conditional Use Permit Fern Hill Park 3. Hauling can occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 7:00 p.m. on the weekend and holidays. 4. All contractors are required to comply with state and local dust and noise ordinances. Reviewed for Administration: Adopted by the City Council June 16, 2008 City Manager Mayor Attest: City Clerk Meeting of June 16, 2008 (Item No. 8c) Page 6 Subject: Conditional Use Permit Fern Hill Park Meeting of June 16, 2008 (Item No. 8c) Page 7 Subject: Conditional Use Permit Fern Hill Park Meeting of June 16, 2008 (Item No. 8c) Page 8 Subject: Conditional Use Permit Fern Hill Park Meeting Date: June 16, 2008 Agenda Item #: 8d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: School Liaison Officer Contract Payments. RECOMMENDED ACTION: Motion to temporarily release the St. Louis Park School District from the financial obligations outlined in the School Liaison Services contracts for St. Louis Park Junior High School and St. Louis Park Senior High School for the time period of July 1, 2008, through December 31, 2008. POLICY CONSIDERATION: Does Council wish to temporarily release the St. Louis Park School District from contractual payments for 2008 third and fourth quarter school liaison services at St. Louis Park Junior and Senior High Schools? BACKGROUND: The City of St. Louis Park entered into a contractual agreement with School District 283 in 1999 to share the costs related to school liaison officer services at St. Louis Park Senior High School. In 2005, a similar agreement was reached to provide school liaison officer services to at St. Louis Park Junior High. In both agreements, a police officer is assigned to work full time in the school during the school year, and the annual cost is shared equally (50% each). The City of St. Louis Park has also been providing school liaison/D.A.R.E. services to the elementary schools for many years at no cost to the school district. During recent meetings between St. Louis Park City Council and St. Louis Park School Board members, discussions regarding budget considerations and cooperation have taken place. As a result, one item the City Council has agreed to consider is the temporary release of ISD 283 from contractual costs related to school liaison officer services at St. Louis Park Junior and Senior High Schools for the second half of 2008. Consideration of similar relief for 2009 will be undertaken as part of the City’s 2009 budget setting process FINANCIAL OR BUDGET CONSIDERATION: This action would result in a 2008 revenue reduction of $42,780.00. Sources of funds to make up this revenue loss could be the Police/Fire Pension Fund or General Fund reserves. VISION CONSIDERATION: None. Attachments: None Prepared by: John D. Luse, Chief of Police Approved by: Tom Harmening, City Manager