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HomeMy WebLinkAbout2008/10/20 - ADMIN - Agenda Packets - City Council - RegularAGENDA CITY COUNCIL MEETING COUNCIL CHAMBERS 7:30 P.M. OCTOBER 20, 2008 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations – None 3. Approval of Minutes 3a City Council Minutes September 15, 2008 3b. City Council Special Study Session Minutes October 6, 2008 3c. City Council Minutes October 6, 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 -- None 6. Public Hearings 6a. Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Recommended Action: Mayor to close public hearing. Motion to Approve First Reading of Ordinance approving the vacation of a portion of a drainage and utility easement at 4210 28th Street West, contingent upon the applicant providing a replacement easement, and setting the second reading of the proposed ordinance for November 3rd, 2008 6b. Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, False Alarms and Other Miscellaneous Charges Recommended Action: Mayor to close the public hearing. Motion to Adopt Resolution Assessing Delinquent Water, Sewer, Storm Sewer, Refuse and Other Fees and Charges Meeting of October 20, 2008 City Council Agenda 6c. 2009 Budget and Property Owner Service Charges for Special Service District No. 1. Recommended Action: Close Public Hearing. Motion to Approve Resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County 6d. 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 Recommended Action: Close Public Hearing. Motion to Approve Resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County 6e. 2009 Budget and Property Owner Service Charges for Special Service District No. 3 Recommended Action: Close Public Hearing. Motion to approve resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County 6f. 2009 Budget and Property Owner Service Charges for Special Service District No. 4 Recommended Action: Close Public Hearing. Motion to approve resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Recommended Action: Motion to Adopt First Reading of Ordinance amending Section 6-179 and several sections in Chapter 8 relating to Business and Contractor Licensing and set second reading for November 3, 2008 8b. St. Louis Park Emergency Program (STEP) Conditional Use Permit Recommended Action: Motion to Adopt Resolution approving a Conditional Use Permit for excavation of over 400 cubic yards of aggregate material at 2544 State Highway 100 Meeting of October 20, 2008 City Council Agenda 8c. Call for Sale of General Obligation Revenue Bonds Recommended Action: Motion to Adopt Resolution Providing for Sale of: • $4,075,000 G.O. Utility Revenue Bonds (MSC), Series 2008A and • $5,625,000 G.O. Tax Increment Revenue Bonds, Series 2008B (Park Place Blvd) 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. 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 of October 20, 2008 City Council Agenda 4. CONSENT CALENDAR 4a. Adopt Resolution Suspending Collection of Local Gambling Tax for 2009 4b. Approve Temporary On-Sale Intoxicating Liquor License for B’nai Emet Women’s League 4c. Approve and Authorize Purchase Agreement for 5724 Goodrich Avenue 4d. Approve and Authorize Purchase Agreement for 3764 Wooddale Avenue 4e. Approve Proclamation for Minnesota Manufacturer’s Week 4f. Adopt Resolution Special Assessment Sewer Service Line Repair 3225 Hampshire Ave S 4g. Approve for Filing Vendor Claims 4h. Approve for Filing Housing Authority Minutes September 10, 2008 4i. Approve for Filing Planning Commission Minutes September 17, 2008 Meeting Date: October 20, 2008 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 15, 2008 1. Call to Order Mayor Pro Tem Sanger called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Pro Tem Susan Sanger, John Basill, Phil Finkelstein, Paul Omodt and Loran Paprocki. Councilmembers absent: Mayor Jacobs and C. Paul Carver. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Police Chief (Mr. Luse), Fire Chief (Mr. Stemmer), Environmental Coordinator (Mr. Vaughan), Recreation Superintendent (Mr. Birno), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt). Other present: Ms. Tilsner, (Minnesota Recreation and Park Association), Mr. Bakken (Local 993 Union President), Mr. Gregory (Greco Real Estate Development), Mr. Bader, Mr. Davolis, Mr. Farber and Ms. Merrigan (Bader Development), Mr. Buckeye (Mn/DOT) and Residents Mr. Skinner, Mr. Miller, Mr. Walbran, Ms. Baker, Mr. White, Mr. Carlisle, Ms. White, Ms. Rose, Ms. Anderson and Mr. Anderson. 2. Presentations 2a. Minnesota Recreation and Park Association - Recycling in the Parks Program Award Ms. Tilsner, Minnesota Recreation and Park Association Member presented an Award of Excellence to the City Council and Park and Recreation Department for the Recycling in the Park Program. She further stated in 2007, the community recycled 3.4 tons of material in the parks, which had outstandingly doubled the 2006 amount. 2b. 2008 Evergreen Awards Mr. Vaughan presented Jodi Johnston, 3156 Idaho Avenue South and Barbara Bindgen and Tom Johnson, 4107 W 40th Lane with the 2008 Evergreen Awards. He explained that the Evergreen Awards are awarded in recognition of properties that are uniquely designed, landscaped and well maintained with an emphasis on landscaping. Meeting of October 20, 2008 (Item No. 3a) Page 2 Subject: City Council Minutes September 15, 2008 2c. Minnesota Recreation and Park Association Rink Rat Hockey Program Award Ms. Tilsner presented an Excellence in Programming Award from MRPA for the Rink Rat Hockey Program, which establishes the opportunity for youth to play outdoor recreational hockey in a minimally structured environment. 2d. Retirement Recognition for Lieutenant Dale Antonson Mayor Pro Tem Sanger read a Resolution and presented Fire Lt. Dale Antonson with a plaque of appreciation for his 21 years of dedicated service to the City of St. Louis Park and its community. Mr. Eric Bakken presented Mr. Antonson his badge plaque for his leadership in the Local 993 union for over 20 years. 3. Approval of Minutes 3a City Council Closed Executive Session Minutes September 2, 2008 The minutes were approved as presented. 3b. City Council Minutes September 2, 2008 It was noted on page three, item #8a, the first paragraph, should be located prior to the motion on page two. 3c. City Council Special Study Session Minutes September 2, 2008 It was noted on page one, Councilmember C. Paul Carver was absent. It was noted on page two, item #2, the fourth paragraph should state: “… it was a great vision and should consider multiple locations, including possibly partnering with the school district on property they own on and around the current high school sports field.” 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Adopt Resolution No. 08-011 to recognize Dale Antonson’s retirement after 21 years of service to the City of St. Louis Park. Meeting of October 20, 2008 (Item No. 3a) Page 3 Subject: City Council Minutes September 15, 2008 4b. Adopt Resolution No. 08-112, requesting the Metropolitan Council to provide additional time to complete the Comprehensive Plan Decennial Review. 4c. Authorize staff to issue a Request for Bid to replace the existing City building telephone system. 4d. Approve Contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2008-2009 winter season. 4e. Designate G.L. Contracting Inc. as the lowest responsible bidder of the earthwork portion and authorize execution of a contract with the firm in the amount of $131,090.04 and designate DMJ Corporation as the lowest responsible bidder of the paving aspect and authorize execution of a contract with the firm in the amount of $251,307.44 for the Fern Hill Park project. 4f. Designate G.L. Contracting Inc. as the lowest responsible bidder for the construction of Tennis Courts at Bass Lake, and authorize execution of a contract with the firm in the amount of $128,223.30. 4g. Approve Change Order No. 1 to Contract 80-08 - Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500. 4h. Adopt Resolution No. 08-113, authorizing a Hennepin County Grant Agreement to fund the City’s curbside recycling program. 4i. Adopt Resolution No. 08-114 establishing a special assessment for the repair of the water and sewer service line at 3217 Florida Avenue South. 4j. Adopt Resolution No. 08-115 accepting Donation from American Legion Post 282 in the amount of $500 for use at Westwood Nature Center. 4k. Adopt Resolution No. 08-116, establishing a special assessment for the installation of a fire suppression sprinkler system at 4838-4850 35th Street, St. Louis Park, MN. 4l. Adopt Resolution No.08-117, approving designation of nonconservation land shown on Classification List “1442 C/NC” by Board of County Commissioners of Hennepin County for the property at 3308 Xenwood. 4m. Adopt Resolution No. 08-118, accepting Minnesota Department of Natural Resources Federal Recreational Trail Grant. 4n. Approve for Filing Vendor Claims. 4o. Approve for Filing Human Rights Commission Minutes April 15, 2008. 4p. Approve for Filing Human Rights Commission Minutes May 20, 2008. 4q. Approve for Filing Police Advisory Commission Minutes September 3, 2008. 4r. Approve for Filing Planning Commission Minutes August 6, 2008. 4s. Approve for Filing Housing Authority Minutes July 16, 2008. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 5-0. 5. Boards and Commissions - None Meeting of October 20, 2008 (Item No. 3a) Page 4 Subject: City Council Minutes September 15, 2008 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Ordinance Amendments Relating to Dogs Police Chief Luse presented the staff report. Councilmember Basill stated he appreciated all the work done by police staff on this ordinance, further stating it’s important to keep up with the state law and a good ordinance to have in place. Councilmember Finkelstein noted that Council has had at least three separate study sessions regarding the amendments and felt they have considered their decision very carefully. He further stated they had considered off-leash dogs, but decided against it since it could lead to confusion. Mayor Pro Tem Sanger clarified that the off-leash remarks do not apply to the dog parks. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt First Reading of Ordinance amending Sections 4-81 through 4-89 concerning dogs and set second reading for October 6, 2008. The motion passed 5-0. 8b. Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe. Resolution Nos. 08-119 and 08-120 Mr. Morrison presented the staff report. Councilmember Basill asked if they had the authority to include the public art as part of final PUD. Mr. Morrison stated the outlot would be owned by the City and the public art would be included on the public land. Councilmember Basill wanted to commend staff and the developer for the increase of building to street allowance, allowing more walkability. He further stated concern with the public parking and the proposed light rail at 36th and Wooddale proposed for 2016. He suggested that if it should become a problem, staff look at possibly putting time limits to assist the retail customers. He also asked if the top of the building would be screened from the Elmwood neighborhood. Mr. Morrison stated it would be screened from all sides. Meeting of October 20, 2008 (Item No. 3a) Page 5 Subject: City Council Minutes September 15, 2008 Councilmember Finkelstein stated he hoped the commercial space would not be in name only and that other amenities would be open to public for mixed use. Mr. Gregory, Greco Real Estate Development, stated they have every intention of honoring the requests of Council and stated they agree with having parking restrictions. Councilmember Basill clarified that parking restrictions would benefit their development as well as the neighboring commercial properties. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to adopt Resolution Nos. 08-119 and 08-120 approving a Final Plat with easement variances and Final Planned Unit Development (PUD) approval for a five story mixed use building with commercial uses on the ground floor and senior residential on the upper floors with conditions as recommended by the Planning Commission and Staff. The motion passed 5-0. 8c. Comprehensive Plan Map Amendment – Al’s Bar Redevelopment 3408, 3412 France Avenue; 3409, 3413, 3417 Glenhurst Avenue Case No.: 08-27-CP. Resolution No. 08-121 Mr. Walther presented the staff report. Mr. Bader, Bader Development, gave a brief background of his company. Dean Dovolis gave an overview of the project. Damon Farber gave an overview on the landscaping, plaza components and streetscape. Pat Skinner, 3336 Huntington Avenue South, stated that as a member of the group that put together the development design guidelines, this project is the closest to meeting those guidelines. He also felt that issues such as parking, buffer and height should still be consulted with the neighborhood. Mr. Skinner stated the Comprehensive Plan shouldn’t be changed to accommodate one project. He suggested the City consider a way to change the Comprehensive Plan, after the fact, as an administrative manner based on approval of the project by City Council. He further requested that Council put in clear definable terms some type of reversion clause to reset it, if the project changes or doesn’t happen. Mayor Pro Tem Sanger asked Mr. Scott if there is a mechanism to amend documents for a means of a reversion status if the currently proposed project doesn’t go forward within a reasonable amount of time. Meeting of October 20, 2008 (Item No. 3a) Page 6 Subject: City Council Minutes September 15, 2008 Mr. Scott explained the current ordinance provision requires they act on the Comprehensive Plan amendment before accepting an application for the PUD and rezoning. He further stated that if Council approved the Comprehensive Plan, they could also consider a motion to direct certain benchmarks for re-guiding back to the current zoning. Mayor Pro Tem Sanger asked how that would be done and if staff would have to draft a motion for the next meeting. Mr. Scott stated staff had language available for Council’s consideration. Councilmember Basill stated he understood the neighborhood concerns and felt there needed to be an additional motion for added protection. He gave a brief history of requests for this property and the neighborhood involvement in creating the design guidelines. Councilmember Basill stated that they would be taking a leap of faith whenever the Comprehensive Plan is changed and felt that the future controls were not enough if the proposal did not go through and has consulted with staff for language on re-guidance in such cases. John Miller, 3550 France Avenue South, stated he has been a resident of St. Louis Park for over 40 years and stated concern that the guidelines would not be followed if the Comprehensive Plan was changed. He referenced Minnesota case law and explained that the only way you can change a Comprehensive Plan is: 1) explain why the original plan was in error; or 2) show a change in circumstances which make it absolutely imperative and necessary to change the plan to make use of the property. Mr. Miller explained that the established design guidelines would be abandoned if the Comprehensive Plan was changed. Joseph Walbran, 3806 Glenhurst Avenue, felt the developers made a honest effort to follow their design guidelines and appreciated their efforts. He suggested that the developer agree to a conditional grant. He further stated his concern with the height and felt it should only be four stories tall, with room in the center of massing up to five stories. Mr. Walbran was concerned if they developer acquired the motel, it too would be five stories, creating a wall down Excelsior Boulevard. He concluded by adding that his wife felt the traffic problems could be reduced by the usage of traffic circles. Betsy Baker, 3905 Kipling Avenue, stated she had been involved in the developments for the Al’s Bar site for 12 years, stating she shared the same concerns of Mr. Skinner and Mr. Walgran. She too, would like to see it kept under four stories. Douglas White, 4118 Randall, stated the development guidelines request that the hotel be included in the development of the property, which would allow more access to the buildings. Mr. Walther stated the development guidelines are used as a tool for evaluating development proposals that come in and the guideline anticipated phased development. Meeting of October 20, 2008 (Item No. 3a) Page 7 Subject: City Council Minutes September 15, 2008 Mr. White felt they have been part of a “zoning creep” through the years with Comprehensive Plan changes and zoning changes along the way, with no “step-up” in between. He also stated concern as to why the motel property was not included by the developer. Mr. White also questioned the number of proposed units. He further asked why they have development guidelines if the City is not following them. Councilmember Basill stated that the current zoning is used as a reference to illustrate the number of units under the current zoning units of 132 and the proposed units of 133. Councilmember Basill stated the developer is aware of the concerns with the buffer yard and is willing to work with the neighborhood to create a good buffer yard. Mr. Locke clarified that the discussion was on the Comprehensive Plan and not rezoning. He explained that the Comprehensive Plan discusses broad uses, broad categories and basic intensity of development. Mr. White stated the reason for going through the Comprehensive Plan was so that they could go through the rezoning. Mr. Locke explained the rezoning would be a discussion for another night. Mr. White stated he felt the development guidelines called for respecting the current Comprehensive Plan and zoning and hoped that Council would take that into account. He also felt the increased value may be at the detriment of the people living next door. Chris Carlisle, 3321 Huntington Avenue, felt the optics were bad and that there was delineation between the Comprehensive Plan and zoning. He stated it seemed to be fundamentally changing the character of the economic value of those properties and felt that it procedurally was getting rammed through. Mr. Carlisle felt a conditional approval made sense and may give the neighborhood some comfort. He also felt the motel site should be developed at same time. Elizabeth White, 4118 Randall, felt the way the property currently exists is a real buffer with green grass, which would keep single family houses apart from a development. Ms. White stated concern with the rezoning in 1999 from R1 to R4, with no development happening and nothing being reversed. She also suggested TIF money not be used for providing green roofs, but for something of value to the neighborhood. Meeting of October 20, 2008 (Item No. 3a) Page 8 Subject: City Council Minutes September 15, 2008 Nancy Rose, 3402 Huntington Avenue, stated her concern with the commercial mixed-use designation of the Comprehensive Plan. She stated the goal of creating a livable community would not be met, since the needed population density would be lacking. She further stated that pedestrians would be insignificant to the businesses and parking requirements established by the City would reveal an expectation that wouldn’t be many pedestrians. She felt the proposal may damage the livability of the neighborhood by causing a mini shopping plaza sandwiched between two residential areas and forcing commercial parking right up to a residential area. She asked that the proposal be rejected and consider a land-use review for the property that would promote livability for the community and not do damage to it. Ellen Anderson, 3336 Glenhurst Avenue, stated her concern with the nature of the parcel of land that is close to the neighborhood. She felt it is new territory to merge mixed-use commercial with residential and should be looked at more closely allowing other options on how to merge them. Wells Anderson, 3336 Glenhurst Avenue, stated his support to changing the Comprehensive Plan and requested that the two most northerly lots remain as mixed density residential. He further urged Council to only do a three-lot change versus a five-lot change. Mr. Anderson also stated concern with the traffic and a change could affect that. Mr. Anderson concluded by suggesting that Council take the livable community factors into account. Mayor Pro Tem Sanger asked staff if it would be possible to only change three of the five parcels. Mr. Locke stated it could create confusion if the Comprehensive Plan and zoning designation weren’t treated as one. He further stated the planned unit development process would provide for the Council to put any number of conditions and controls on the site. Mr. Anderson stated he didn’t have a concern with the future developer’s restrictions, stating nothing is for sure and stated he understood that the entire lot would be easier if zoned as one zoning classification. Mr. Locke stated Mr. Anderson has a valid concern and it’s something that would need to be addressed. He stated the goal is that rezoning and planned unit development would come together at one time and considered together. Mr. Locke suggested the question of what happens if things don’t turn out as expected, should be addressed. Councilmember Finkelstein felt a Comprehensive Plan revision made sense with the reversion. He further stated he felt there was a change in the condition, as was questioned by Mr. Miller, stating Excelsior Blvd has changed. He went on state that Council has asked the developer and previous developers if they could deal with the motel at the same time and were told nothing was available and they did not have a reasonable price. Councilmember Finkelstein also noted the motel has been shut down and any suspicious activity should be reported to the police department. Councilmember Finkelstein felt it was a reasonable plan that wouldn’t overwhelm the neighborhood, which would still allow light to come in, is interesting and would leave some green space. He further stated it isn’t perfect and advised Meeting of October 20, 2008 (Item No. 3a) Page 9 Subject: City Council Minutes September 15, 2008 the developer to work hard with the neighborhood to come up with ideas on the buffer. Councilmember Finkelstein went on to state they have not made any TIF decisions and they would look at the numbers carefully as they go through the process. He thought the project made sense, as long as they could get an acceptable reversion process as suggested by Councilmember Basill. Councilmember Paprocki stated the project has to stand on its own merits and that he would be in support of the project with an acceptable reversion process. Councilmember Omodt reminded everyone that the issue was a Comprehensive Plan change and the State required the City to look at the Comprehensive Plan every ten years, which they are in the process of doing. He stated it would be nice to include the hotel site, but at this time it’s just not possible. He liked the thought the combining the lots into one parcel. Councilmember Omodt felt that staff and the Planning Commission had done their jobs and would be voting in favor of it. Councilmember Basill stated it looked like a good quality project and reminded the developer that they need to work with the neighborhood. He further reiterated that Council felt the need to protect the City. It was moved by Councilmember Basill, seconded by Councilmember Omodt to adopt Resolution No. 08-121 amending the Comprehensive Plan to re-guide the land use designation for 3408 and 3412 France Avenue South; and, 3409, 3413 and 3417 Glenhurst Avenue South, from RM – Medium Density Residential to CMX – Commercial Mixed Use, subject to Metropolitan Council approval. It was moved by Councilmember Basill, seconded by Councilmember Omodt to direct staff to initiate the comprehensive plan amendment process to re-guide the land use designation for 3408 and 3412 France Avenue South; and, 3409, 3413 and 3417 Glenhurst Avenue South, from CMX – Commercial Mixed Use back to RM- Medium Density Residential should any of the following things happen: 1. a completed application for a Planned Unit Development (PUD) consistent with Bader Development’s five story, mixed-use development concept plan as described in the September, 15, 2008 City Council meeting staff report for Agenda Item #8c is not received by October 15, 2008; or, 2 the completed PUD application is withdrawn; or, 3. the completed PUD application is denied; or, 4. the PUD approval expires. Councilmember Finkelstein asked Mr. Scott if more dates or times were needed in any of the conditions. Mr. Scott suggested a date in the first condition such as 30 days for a completed application. Meeting of October 20, 2008 (Item No. 3a) Page 10 Subject: City Council Minutes September 15, 2008 Councilmember Finkelstein asked if it would be something that could be extended with the current uncertain economic times. Mr. Scott clarified that if they did not submit a completed application within 30 days, it would direct staff to initiate to re-guide the property back. He further stated Council would have the ability to reconsider those hard deadlines. Paula Merrigan, inquired about the 60 day review of the application and if it could be changed to match 60 day timeframe. Mr. Scott clarified that they need to submit the application and the City would have 15 business days to let them know if it is complete or not. Mayor Pro Tem Sanger suggested that the zoning be changed to be consistent. Councilmember Basill stated that would be a friendly amendment and wished to add it to the amendment. He clarified the purpose of this change. Mayor Pro Tem Sanger pointed out there were two motions for approval. Mr. Scott suggested a motion to approve the Comp Plan amendment and then a motion for the re-guiding back, which was amended by the maker and the second. Mayor Pro Tem Sanger stated support for the change and felt it would be a much better land use and project. She explained that it is difficult to deal with conflicting parcels in different zoning districts. Councilmember Paprocki thanked the residents for their comments. The motion regarding the comprehensive plan amendment passed 5-0. It was moved by Councilmember Finkelstein as a friendly amendment for 30 days to receive a completed application. The motion directing staff to initiate a comprehensive plan amendment back to Medium Density Residential in the event of certain circumstances passed 5-0. Mayor Pro Tem Sanger suggested staff utilize sunset clauses on all projects going forward. Mayor Pro Tem Sanger thanked everyone for their participation and comments. Meeting of October 20, 2008 (Item No. 3a) Page 11 Subject: City Council Minutes September 15, 2008 8d. I-394 MnPASS Phase II Planning Study Ken Buckeye, Project Manager, summarized the I-394 MnPASS Phase II Planning Study and requested the City pass resolution to support the study and their recommendations. Councilmember Omodt thanked Mr. Buckeye for his report and stated his frustration with Mn/DOT by explaining the City’s previous project requests and no follow-through guarantees. Councilmember Omodt asked if Mr. Buckeye had a realistic time frame for completion. Mr. Buckeye stated they would need to compete in the programming process for the money, stating there were no guarantees that it would be programmed or funded within the next four years. Councilmember Omodt stated the projects seemed like good ones, but his trust in Mn/DOT was quite low and would not be supporting the request. Mr. Buckeye explained their resolutions of support would hold weight when they submit them for programming and would have an impact on prioritizing future projects. Councilmember Paprocki stated he was frustrated with Mn/DOT pretending to do something when they were not. He further stated he would not be in support of a resolution that may or may not get funded. Councilmember Finkelstein suggested the Task Force look at widening Hwy 100 and cleaning up entrance and exit ramps. Mr. Buckeye explained the present study was focused on MnPASS lanes and how it would benefit the corridor. Councilmember Basill thanked Mr. Buckeye for coming, stating they have had problems with Mn/DOT and suggested he relay the Council’s concerns about the Hwy 100 build out back to Mn/DOT. Mayor Pro Tem Sanger asked if MnPASS had a citizen advisory task force and if they had received any public input. Mr. Buckeye stated Phase I allowed for public input, further stating Phase II was a planning study, not an implementation project. Mayor Pro Tem Sanger stated she shared Council’s distrust and would not be in support of the resolution. Meeting of October 20, 2008 (Item No. 3a) Page 12 Subject: City Council Minutes September 15, 2008 9. Communications Mr. Harmening gave recognition the Park and Rec Department for their initiatives. He also stated the City recently received a Top Nationwide Award for Webmasters in Design and Function and also received the Members Choice Award. He recognized Jason Hubner for his hard work and effort that he had put into the City’s website, and thanked Council for all their support to make this happen. Councilmember Omodt noted that that they would be renaming the field at Watertower Park on Saturday, September 20th at 2:00 p.m. in favor of Dave Petit, for his years of volunteering and dedicated service working on the fields. 10. Adjournment The meeting adjourned at 10:48 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 20, 2008 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA OCTOBER 6, 2008 The meeting convened at 6:00 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), Planning and Zoning Supervisor (Ms. McMonigal) Senior Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt). Guests: None 1. Vision Strategic Directions Update – Increasing Use of New and Existing Gathering Places Ms. McMonigal presented the staff report. Councilmember Basill suggested making the Melrose Institute corner a gathering place since it’s still in the planning stages. He further stated he felt they were moving in the right direction and liked the idea of benches in developments. Councilmember Basill stated he hoped they could tie it all together with a community center. Mr. Harmening stated staff would be doing further investigation on a community center. Councilmember Paprocki suggested investigating ideas on how to get people to use the areas for networking, such as at light rail stops. Councilmember Sanger stated she felt they were getting away from the original intent for gathering places. She further stated she interpreted it to mean indoor facilities where people could go without official sanctioned programming and asked for more clarity on what the vision goal actually is. Councilmember Sanger liked the direction staff was going and suggested they focus on developing concepts of what kind of places are needed and the criteria of where they should be. Councilmember Finkelstein liked the thought of outdoor impromptu gathering places. Councilmember Sanger asked if staff was looking at places to use for free or renting them. Ms. McMonigal stated they were looking at mixed uses, such as public, religious, coffee shops and restaurant with rooms and park shelter buildings. She also stated they were connecting with the Parks & Recreation Department to get a sense for the type of needs. Meeting of October 20, 2008 (Item No. 3b) Page 2 Subject: City Council Special Study Session Minutes October 6, 2008 Mr. Harmening stated staff would be working at changing and enhancing on how they do future projects in order to create gathering place opportunities. He stated they would also be creating a document that would inventory gathering places. Ms. McMonigal stated that staff has provided two community wide surveys for feedback. Mr. Harmening stated staff has also received data from various action teams on the types of gathering places needed in the community. Councilmember Basill suggested staff look at what can be provided for both green and community space when application proposals are submitted. He also suggested a survey be completed to provide the amount of time involved and amount of money being spent on the gathering places analysis. It was the consensus of Council to have staff move forward with the exploration of gathering places. 2. Vision Strategic Directions Update – Expand Network of Sidewalks and Trails Mr. Walther presented the staff report. Councilmember Sanger asked if the sidewalks were grade separated. Mr. Walther stated they were not. Councilmember Finkelstein asked about walking distances. Mr. Walther stated approximately a quarter mile. Councilmember Finkelstein asked if staff was working with the school district. Mr. Walther stated staff has been in contact with a rep from school district and they stated concern with the kids’ safety walking to bus stops. Councilmember Sanger asked if they would be able to differentiate city sidewalks and neighborhood sidewalks. Mr. Walther stated the biggest problem was snow shoveling and whether to do all the sidewalks or none. Councilmember Sanger asked the difference between a bike trail versus bike way. Mr. Walther stated a trail was for off-road type use, whereas a way would have a designated bike lane, which would include on-street usage. Councilmember Sanger asked why some roads, such as Cedar Lake Road, had nothing listed or marked. Mr. Walther stated that Cedar Lake Road is a proposed bike route. Councilmember Paprocki liked the direction staff was taking and suggested taking a position of not shoveling the sidewalks. Meeting of October 20, 2008 (Item No. 3b) Page 3 Subject: City Council Special Study Session Minutes October 6, 2008 Mr. Harmening suggested staff do more investigation on the costs involved in clearing all sidewalks. He also conveyed to Council that the neighborhood response to clearing their portions of sidewalks and keeping them in compliance has been positive. Councilmember Sanger suggested staff talk more with neighborhoods for their feedback on installing sidewalks. Ms. McMonigal stated most neighborhoods do not want to pay to have them put in or be assessed for them. Mr. Harmening stated the City has been paying to improve the sidewalks and the property owners have been paying to maintain them. Councilmember Omodt asked if other cities shovel all the sidewalks. Mr. Walther stated most only provide the service for major sidewalks. Councilmember Paprocki suggested putting out a special bond and having the community vote on it. Councilmember Carver and Councilmember Finkelstein thought it was their job as the community elected voices to make these decisions. Councilmember Sanger also agreed with Councilmember Carver and felt it was their job to deal with it and sell it to the community. It was the consensus of Council to have staff to move forward and bring back more information on sidewalk options. The meeting adjourned at 7:02 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 20, 2008 Agenda Item #: 3c UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA OCTOBER 6, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Management Assistant (Ms. Honold), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt). 2. Presentations – None 3. Approval of Minutes 3a. City Council Study Session Minutes August 25, 2008 It was noted on page two, item #2, the fourth paragraph, should state: “… to the ordinance in order to get around the smoking ban. “… you can fall down a slippery slope.” It was noted on page four, item #3, the first paragraph, last sentence should state: “… also questioned how many changes can be made on what was applied for on the TIF application.” 3b. City Council Study Session Minutes September 8, 2008 It was noted on page 11, item #6, the third paragraph, add sentence to state: “Mr. Locke stated it sounded reasonable and staff would look into it.” It was noted on page six, item #4, the 3rd paragraph, third sentence: “…if they were going to extend a road to the west end…” It was noted on page two, item #2, the third paragraph, first sentence should state: “and he understands the difference …” Meeting of October 20, 2008 (Item No. 3c) Page 2 Subject: City Council Minutes September 15, 2008 3c. Special City Council Minutes September 22, 2008 It was noted on page one, Councilmember absent: Mayor Jeff Jacobs and Loran Paprocki. 3d. City Council Study Session Minutes September 22, 2008 It was noted on page six, item #4, the second paragraph, last sentence should state: “… do not have children and that we should market to residents who don’t have children.” It was noted on page three, item #2, the second paragraph, last sentence should state: “…routed north and south trains…” It was noted on page three, item #2, the third paragraph, first sentence should state: “… was sent to the Policy Advisory Committee (PAC).” It was noted on page three, item #2, the third paragraph, second sentence should state: “…Kenilworth corridors, possibly by moving…” It was noted on page four, item #2, the sixth paragraph, last sentence should state: “…, which was granted.” It was noted on page five, item #3, the seventh paragraph, last sentence should state: “… with these types of functions.” It was noted on page six, item #5, the first paragraph, should state: “City Manager Harmening presented the staff report…” 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Adopt Resolution No. 08-122, appointing student election judges and additional regular election judges needed to staff the polls at the General Election to be held November 4, 2008. 4b. Amend Professional Services Agreement with Campbell Knutson to increase city attorney services rates by 3.5% starting January 1, 2009. 4c. Approve Second Reading to Adopt Ordinance No. 2360-08 amending Sections 4- 81 through 4-89 concerning dogs, approve summary, and authorize publication. Meeting of October 20, 2008 (Item No. 3c) Page 3 Subject: City Council Minutes September 15, 2008 4d. Adopt Resolution No. 08-123, accepting the Project Report, Establishing Improvement Project No. 2006-2000, approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2006-2000. 4e. Adopt Resolution No. 08-124 establishing a special assessment for the repair of the sewer service line at 5925 West 34th Street. 4f. Approve Change Order No. 1 to Contract 72-08 - Street Project – Park Place Boulevard – Project No. 2007-1101. 4g. Adopt Resolution No. 08-125 approving Traffic Control Signal Agreement No. 93080-R and authorizing the Mayor and City Manager to execute the agreement – Street Project – Park Place Boulevard – Project No. 2007-1101. 4h. Approve Encroachment Agreement with 4349 Browndale Avenue for use of City right-of-way for two (2) retaining walls. 4i. Approve Amendment No. 1 to Contract 06-08 - Water Project - WTP #8 Filter Rehabilitation - Project 2006-2000. 4j. Adopt Resolution No. 08-126 to enter into a lease agreement between the City and TTM Operating Corporation, Inc. (TTM) for space on the water tower at 2541 Nevada Avenue for a communications antenna. 4k. Approve the Third Amendment to the Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority, the City of St. Louis Park, and Highway 7 Business Center LLC. 4l. Approve Change Order No. 1 to Contract 113-07 – Furnish Decorative Street Lighting for Excelsior Boulevard Streetscape Project – Project No. 2004-0100. 4m. Adopt Resolution No. 08-127 authorizing final payment in the amount of $33,509.48 for furnishing of decorative street lighting poles and fixtures, banner poles, and luminaries, Project No. 2004-0400 with Carlo Lachmansingh Sales, Inc., City Contract No. 113-07. 4n. Approve the Assignment, Assumption and Consent to Assignment relating to the Purchase and Redevelopment Contract between the EDA and Oak Hill 3501 LLC. 4o. Approve for filing Planning Commission Minutes September 3, 2008. 4p. Approve for filing Parks and Recreation Advisory Commission Minutes May 21, 2008. 4q. Approve for filing Parks and Recreation Advisory Commission Minutes September 3, 2008. 4r. Approve for filing Vendor Claims. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions - None Meeting of October 20, 2008 (Item No. 3c) Page 4 Subject: City Council Minutes September 15, 2008 6. Public Hearings 6a. Public Hearing on 1st Reading 2009 Fee Schedule Appendix A Ms. Honold presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. Councilmember Sanger asked if the Certificate of Property Maintenance fees applied to Co- op units. Ms. Honold stated that Mr. Hoffman would be addressing that when he brings the additional rental information forward. Councilmember Sanger stated she wanted to make sure they were addressed. Ms. Honold stated she would make note of the inquiry. It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to approve 1st Reading of Ordinance adopting fees for 2009 and Set Second Reading for October 20, 2008. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Zoning Ordinance Amendments relating to Towers and Antennas Ms. McMonigal presented the staff report explaining key issues of height, setback, interference, aesthetics and environmental considerations. Mr. Locke noted that the area of radio interference from broadcast towers on adjoining properties was not included, other than how it relates to public safety equipment. He suggested adding language to require the tower owner to work with neighboring property owners to resolve any radio interference problems that might happen on adjoining properties. Mr. Locke stated staff spent a lot of time discussing the height issue, since it seemed to be the biggest concern. He further noted staff concluded that the most straight forward to handle the setback requirement was to simply require a setback from all property lines equal to the height of the tower. Mr. Locke also noted that there is interest in pursuing a tower on the Dahl property and they would like to speak on the issue. He further stated that they might not be able to build the tower the want without seeking a variance. Mr. Locke stated that the proposed language, which states a tower cannot be located in a wetland or floodplain, may also make it difficult for a tower to be located on the Dahl property. The City Council may want to change that language simply rely on the existing general rules regarding building in wetlands and floodplain. Meeting of October 20, 2008 (Item No. 3c) Page 5 Subject: City Council Minutes September 15, 2008 Thomas Christiansen, 2170 Ridge Drive, stated that the proposed tower was fundamentally different than other towers presented and would be required to be lit with strobe lights because of the height; and, also stated concern that towers will affect adjacent property values. Claire Christianson, 2744 Georgia Avenue, stated she was adamantly opposed and questioned why the City would be willing to accommodate an Edina business when the City would gain nothing but a large tower. Jared Andrews, 7000 Hemlock Ln, Suite 300, Maple Grove, stated he was a consultant with the applicant and would be willing to answer any questions Council may have. Tom Louck, 7800 Hemlock Ln, Suite 300, Maple Grove, stated he was a consultant working with Chris Dahl to assist in processing the application. He further stated that the proposed ordinance stating towers cannot be located within the in wetland conservation district would complicate and possibly prohibit their request. He further stated that they would be able to comply with the Wetland Conservation District rules, but to comply with the proposed ordinance they would need to secure a variance to do so. Councilmember Sanger stated the proposed ordinance was not specific to the application of Mr. Dahl. Philip Hogland, 2716 Vernon Avenue South, stated that he is an amateur radio user and the proposed ordinance would cause great difficulty for him to operate. Mr. Hogland stated he had more details and concerns and would be presenting them in a letter to Council for their review. Councilmember Paprocki stated concern with the somewhat contradictory statement under Sec. 36-142 Descriptions item (1). Ms. McMonigal stated the difference is Ham radios are for private enjoyment and the intention is that they would be treated differently. She further stated that staff would look at the language to clarify it better. Councilmember Sanger read a memo sent from resident Lisa Robinson, stating her concern and requesting Council consider the negative impact any change will have on the residents of St. Louis Park. She further stated concern with the potential radio interference and aesthetic impact on the residential neighborhood and the nuisance of the tower being lit. Councilmember Sanger stated she received several emails throughout the years involving radio interference of phone and other equipment from communications towers currently on Mr. Dahl’s property. She stated the language only addressed interference of public safety equipment, but not private property owners and suggested additional language be added to Meeting of October 20, 2008 (Item No. 3c) Page 6 Subject: City Council Minutes September 15, 2008 page 24, Sect. J, Sub 4, stating additional submittal requirements should include a letter of intent committing the tower owner to promptly resolve all complaints that the tower may be creating from radio interference with another property owner’s usage of radio, phones, or other communication devices. Councilmember Sanger also requested a statement be submitted from operators stating that they were ready to promptly address concerns. Councilmember Sanger also proposed an amendment be added on page 21, Sec E, stating towers exceeding 70 feet in height shall be setback a distance equal to twice the height of the tower from all property lines abutting parcels in the R-1, R02, R03 and R-4 districts, and equal to the tower height from all other property lines and buildings not accessory to the tower. Councilmember Omodt stated the communication tower issue arose because an application came for a tower, and the ordinance that was written wasn’t clear. He further asked if the lights on the tower would be angled up or down. George Werl, 4833 E Lake Harriet Parkway, Consulting Inc., stated that under 200’ lights are not required. He further stated that the four towers that are currently there do have lights and there is no plan to do strobe lights at this point. Mr. Werl stated the lights would be similar to what’s already around town, such as the KQRS tower, unpainted, strobed during the day, with the strobe angled toward the horizon. Councilmember Omodt asked about the fall radius. Mr. Werl stated it has multiple guide points and would hold its position, collapsing like an accordion, with a radius of approximately 25% of the tower height. Councilmember Omodt asked for the facts on what type of radio interference may occur. Mr. Werl stated that they are required by the FCC to resolve problems that may arise the first year. He further stated that wouldn’t absolve the broadcaster from working with residents after that time had expired. He further stated in the past, they have had some garage door and phone issues. Councilmember Sanger asked about the visibility of the lights towards the horizon and if they would be seen a farther distance from the sides. Mr. Werl stated they would have red lights at night and white strobes during the day, perhaps being more visible from a further distance. Meeting of October 20, 2008 (Item No. 3c) Page 7 Subject: City Council Minutes September 15, 2008 Councilmember Paprocki stated concern with the aesthetics and safety, stating there is language in the proposal that would allow rejecting on the basis of the aesthetics of the lights unless they are mandated by the FCC. He further asked if they could reject the application because of those aesthetics. Mr. Locke stated they would have to follow the FCC requirements. Mr. Scott stated if Councilmember Paprocki has concern with the aesthetics and lit poles, they should consider keeping the height limit at 200’. Councilmember Paprocki asked if there was any other zoning where buildings weren’t allowed on wetlands or floodplains. Ms. McMonigal stated there is a floodplain overlay ordinance that is very restrictive on what can be done in the floodplain, stating the City is under their rules. Councilmember Finkelstein asked if Council agrees to the ordinance changes, would they find other radio stations migrating to the City. Mr. Locke suggested if the goal is to be more restrictive, they would need to make some type of amendment to make the ordinance more restrictive. He further stated he is uncertain of the demand for this type of tower. Councilmember Finkelstein asked for clarification on making the setback requirements 1½ times for R1, R2 and R3, and adding R4 to make it consistent, asking why it’s proposed to eliminate R4. Mr. Locke stated staff attempted to make it consistent, stating double height setback was more than what was needed. Ms. McMonigal stated staff’s thought was that the individual operators wouldn’t be able to meet the setback requirement. Councilmember Carver stated the language is being changed in an effort to find clarity on the ordinance’s interpretation. He further stated the choices are to either to do something or nothing and leave it as is. Councilmember Carver stated they needed to rewrite an ordinance that would work for today and also work with future technology. He also stated a system set up for solving problems with interference should be included in the ordinance. Meeting of October 20, 2008 (Item No. 3c) Page 8 Subject: City Council Minutes September 15, 2008 Councilmember Sanger stated Council had not discussed a 400’ height tower but had discussed the need for an ordinance making it adaptable to future technology. She further stressed they need to be consistent with height and the setback requirements and the concern needed to be addressed. Councilmember Sanger reiterated Councilmember Finkelstein’s question on migration, noting that she has been informed of another radio station observing the outcome decision and that may want to locate in St. Louis Park. Councilmember Finkelstein agreed they needed to come up with something to clarify the language and asked if they should vote on the Councilmember Sanger’s amendments separately. Councilmember Carver reminded Council that Mr. Hogland wanted to submit an outlined letter of issues and concerns and suggested Council table or continue the discussion so that letter, as well as the issues brought up can be addressed. Councilmember Carver also asked Mr. Harmening if a tower would count as an improvement and increase property taxes. Mr. Harmening stated it would have some impact on the property value if it were creating more income. Councilmember Basill agreed with Councilmember Carver, stating it should be looked at more in its entirety and is open to continuing the discussion. He would like to review mixed use and parks and open space in more detail. Councilmember Basill stated that they could still provide controls through public process, CUP’s and variances. Councilmember Paprocki agreed to continue the discussion, since he has concerns with the collapse radius, wetlands and floodplain, power interference and aesthetics. Councilmember Finkelstein also agreed to continue, stating concern with the CUP for both office and industrial and requested staff find out what the surrounding communities are doing. Mayor Jacobs stated he would prefer to go forward and get answers before it comes before them again. Terry Moore, 3300 Edinborough Way #601, broadcast attorney, explained that moving a radio station was extremely difficult and expensive to do, further stating there would be a low likelihood of them migrating to St. Louis Park. Councilmember Omodt asked Mr. Locke if staff knew the number of parcels that would allow towers. Mr. Locke stated staff hasn’t had an opportunity to review that yet. He further stated the conditions could be set in the CUP. Meeting of October 20, 2008 (Item No. 3c) Page 9 Subject: City Council Minutes September 15, 2008 Mr. Locke asked Mr. Scott if time allowed them to continue the item. Mr. Scott stated they legally could continue the discussion. Councilmember Omodt asked Councilmember Sanger if she knew who the interested radio station was. Councilmember Sanger stated she could not give that information. Mr. Moore stated he is unaware of anyone interested in coming to St. Louis Park. Councilmember Paprocki asked if they could turn the lights on the exiting towers for everyone to get an idea of what the look would be. Mr. Werl stated it would be too costly and advised people to look at the KQ tower, stating it would look like that. It was moved by Councilmember Carver, seconded by Councilmember Basill, to continue the discussion to a study session on October 20th. Councilmember Basill suggested staff provide input for the following items: park and open space, mixed use, address Mr. Hogland’s concerns in his letter, monopole clarification; a 1:1 setback requirement, further analysis on fall radius; limiting the number of towers; language on how to handle disputes with interference and the lights. Councilmember Omodt requested information on wetland restrictions and designation of whom is the controlling body regarding wetlands; and the facts on the proliferation of interference. Councilmember Finkelstein requested information on what the surrounding communities are doing. Mr. Harmening suggesting setting study session for October 20th. Councilmember Omodt suggested people with concerns send them in writing. Councilmember Paprocki stated the upcoming study session is for Council discussion. Councilmember Basill stated that the public was welcome to attend and listen in at that discussion. The motion passed 7-0. Meeting of October 20, 2008 (Item No. 3c) Page 10 Subject: City Council Minutes September 15, 2008 8b. Minor Amendment to West End PUD for Grocery Store, 1570 16th Street West, Case No. 08-32-PUD Resolution No. 08-128 Mr. Walther presented the staff report. David Bade, Duke Realty, presented updated elevations. Mike Schmidt, Roundy’s, briefed on type of store that will be at location. Councilmember Sanger stated concern with the parking and possible gridlock. She asked what the standards were for determining the amount. Mr. Walther stated parking counts were already approved by City Council in the Final PUD, and stated there are approximately 200 surface parking stalls, along with shared parking available across the street. Mr. Schmidt stated that employees will be required to park in the parking structure across the street to leave more surface parking stalls available to customers. He further stated the store size and presentation will attract daily, quick shopping and the average order size will be smaller than larger supermarket stores, but will still provide a wide variety of products. Councilmember Finkelstein liked the idea of this type of grocery store and stated it will be a great amenity He further stated he is glad there will not be a sea of parking. Councilmember Sanger stated she liked the proposed art and graphics for the west wall facing West End Blvd. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt the Minor Amendment to the Final PUD for West End, subject to conditions in the resolution. The motion passed 7-0. 9. Communications Mayor Jacobs thanked Councilmember Sanger for running the September 22nd Council meeting. Councilmember Sanger reminded the community to register to vote by October 14th. Mr. Harmening stated staff has received international recognition for comprehensive approach in the establishment of the graffiti net database. Councilmember Paprocki stated people could educate themselves through the candidate’s websites and/or League of Woman’s Voters, as well as neighbors. Meeting of October 20, 2008 (Item No. 3c) Page 11 Subject: City Council Minutes September 15, 2008 10. Adjournment The meeting adjourned at 9:56 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 20, 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: Suspension of Local Gambling Tax. RECOMMENDED ACTION: Motion to Adopt Resolution Suspending Collection of Local Gambling Tax for 2009. POLICY CONSIDERATION: Does the Council wish to extend the suspension of the local gambling tax through 2009? BACKGROUND: Staff presented information in 2005 regarding the positive fund balance used to enforce and administer gambling in the City of St. Louis Park. Cities which collect a local gambling tax to pay for administrative costs are required to submit an annual report showing the fund balance. If a positive fund balance exists, the city must justify the reason for maintaining the positive fund balance, or refund the money directly to the organizations that contributed to the fund. Council suspended the local tax on lawful gambling in 2005 and extended the suspension of gambling tax through 2008. In addition, Council amended the ordinance on October 10, 2005, changing the tax from 2% of gross receipts to three-quarter of a percent (0.0075%). Finance reports that the charitable gambling fund balance is approximately $14,000, which is $2,000 less than it was in October 2007. The fund balance will cover administration and enforcement costs related to charitable gambling for 2009. Finance staff is developing recommendations for Council on this issue, and will return with recommendations for Council’s consideration prior to the 2010 budget discussions. FINANCIAL OR BUDGET CONSIDERATION: Finance staff will be returning to the Council in 2009 to discuss in greater detail how the city collects gambling taxes. This suspension will not have any affect on the city’s ability to administer or oversee charitable gambling in 2009. VISION CONSIDERATION: Not applicable. Attachments: Resolution Suspending Collection of the Local Charitable Gambling Tax Prepared by: Marcia Honold, Management Assistant Reviewed by: Bruce DeJong, Finance Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 4a) Page 2 Subject: Suspension of Local Gambling Tax RESOLUTION NO. 08-___ RESOLUTION SUSPENDING COLLECTION OF THE LOCAL CHARITABLE GAMBLING TAX WHEREAS, St. Louis Park City Code Section 15-9 requires that charitable gambling organizations operating in the city pay a tax to the city which can only be used to fund the city’s efforts in administration and enforcement of gambling; and WHEREAS, a positive tax fund balance exists that will adequately provide the city with resources needed to fully fund gambling administration and enforcement operations through 2009; and NOW THEREFORE BE IT RESOLVED that collection of the charitable gambling tax is hereby suspended for the calendar year 2009 effective upon passage of this resolution. LET IT BE FURTHER RESOLVED that the suspension be reevaluated prior to calendar year 2010. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk Meeting Date: October 20, 2008 Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Temporary Liquor License B’nai Emet Women’s League. RECOMMENDED ACTION: Motion to Approve Temporary On-Sale Intoxicating Liquor License for B’nai Emet Women’s League, 3115 Ottawa Avenue South, for the 2nd Annual “Kosher International Food and Wine Expo” to be held at B’nai Emet Synagogue on November 15, 2008 from 7:30 to 9:30 p.m. POLICY CONSIDERATION: Does Council wish to approve the Temporary On-Sales Intoxicating Liquor License so that B’nai Emet Women’s League can serve intoxicating liquor at their 2nd Annual “Kosher International Food and Wine Expo” at B’nai Emet Synagogue on November 15? BACKGROUND: On September 22, 2008, B’nai Emet Women’s League notified the City they were interested in applying for a permit to allow alcohol at their upcoming Kosher International Food and Wine Expo. City Ordinance 3-57(8) requires council approval of temporary liquor licenses. The Kosher International Food and Wine Expo is a fundraising effort of not only the B’nai Emet Women’s League, but their Men’s Club as well, and the funds raised during this event help to maintain the programs underwritten by these two affiliates. Samples of Kosher foods will be offered by a variety of caterers, along with a presentation of Kosher wines. Wines may be ordered through the synagogue for pick up at a later date. Admission to the event is $20 per person. Reservations are requested, however admission will be available at the door. The Police Department has completed the background investigation on the main principals and has found no reason to deny the temporary license. The applicant has met all requirements for issuance of the license and staff is recommending approval at this time for B’nai Emet Women’s League for their event on November 15, 2008. FINANCIAL OR BUDGET CONSIDERATION: The total fee for this applicant is $50.00 payable to the Minnesota Department of Public Safety. VISION CONSIDERATION: Not applicable Attachments: None Prepared by: Lisa Songle, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: October 20, 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: Purchase Agreement for 5724 Goodrich Avenue. RECOMMENDED ACTION: Motion to approve and authorize execution by the Mayor and City Manager of the attached Purchase Agreement for 5724 Goodrich Avenue. POLICY CONSIDERATION: Consideration of acquisition of property to expand the Fire Station #1 (Wooddale location) site. BACKGROUND: Over the past few months the city’s acquisition/relocation consultant has been negotiating the purchase of three parcels located directly to the south of Fire Station #1. Agreement has been reached on terms for all three properties and purchase agreements executed by the sellers are ready for City Council approval on two of them. Attached is the purchase agreement for the William and Julie Beach property at 5724 Goodrich. The agreed-to purchase price for the Beach property is $253,000. The purchase agreement has been prepared by the city attorney’s office and the terms and price are consistent with the city’s appraisal and review appraisal of the property. The city will be responsible for the closing costs and the seller is responsible for real estate taxes. The closing is planned for 10/31 for the Beach’s. The city is also responsible for relocation expenses any time it acquires property. In this case that primarily means the moving costs for the property owners and any tenants they may have. FINANCIAL OR BUDGET CONSIDERATION: The acquisition cost is consistent with the projections previously prepared in planning for replacing the city’s fire stations. The cost has been included in the budgets for the fire station replacement project. VISION CONSIDERATION: Not applicable. Attachments: Purchase Agreement for 5724 Goodrich Avenue Prepared by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 2 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 3 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 4 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 5 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 6 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 7 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 8 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 9 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 10 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 11 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 12 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 13 Meeting of October 20, 2008 (Item No. 4c) Subject: Purchase Agreement for 5724 Goodrich Avenue Page 14 Meeting Date: October 20, 2008 Agenda Item #: 4d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Purchase Agreement for 3764 Wooddale Avenue. RECOMMENDED ACTION: Motion to approve and authorize execution by the Mayor and City Manager of the attached Purchase Agreement for 3764 Wooddale Avenue. POLICY CONSIDERATION: Consideration of acquisition of property to expand the Fire Station #1 (Wooddale location) site. BACKGROUND: Over the past few months the city’s acquisition/relocation consultant has been negotiating the purchase of three parcels located directly to the south of Fire Station #1. Agreement has been reached on terms for all three properties and purchase agreements executed by the sellers are ready for City Council approval on two of them. Attached is the purchase agreement for the Travis Anderson property at 3764 Wooddale Avenue. The agreed-to purchase price for the Anderson property is $230,000. The purchase agreement has been prepared by the city attorney’s office and the terms and price are consistent with the city’s appraisal and review appraisal of the property. The city will be responsible for the closing costs and the seller is responsible for real estate taxes. The closing is planned for 10/28/08. The city is also responsible for relocation expenses any time it acquires property. In this case that primarily means the moving costs for the property owners and any tenants they may have. FINANCIAL OR BUDGET CONSIDERATION: The acquisition cost is consistent with the projections previously prepared in planning for replacing the city’s fire stations. The cost has been included in the budgets for the fire station replacement project. VISION CONSIDERATION: Not applicable. Attachments: Purchase Agreement for 3764 Wooddale Avenue Prepared by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 2 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 3 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 4 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 5 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 6 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 7 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 8 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 9 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 10 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 11 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 12 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 13 Meeting of October 20, 2008 (Item No. 4d) Subject: Purchase Agreement for 3764 Wooddale Avenue Page 14 Meeting Date: October 20, 2008 Agenda Item #: 4e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Proclamation EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Minnesota Manufacturer’s Week Proclamation. RECOMMENDED ACTION: Staff is recommending that the Mayor and City Council proclaim that the City of St. Louis Park will observe the week of October 20-24, 2008 as Minnesota Manufacturer’s Week. POLICY CONSIDERATION: None. BACKGROUND: Manufacturer’s Week is designed to showcase Minnesota’s diverse manufacturing industry and to increase legislative and public awareness of the importance in providing high-wage, high-skill jobs for our communities. The Minnesota Chamber of Commerce, the Minnesota Department of Employment and Economic Development and the Minnesota Manufacturing Coalition are facilitating Manufacturer’s Week as a way to recognize and promote the importance of manufacturing to the state’s economy. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: The acknowledgement of Minnesota Manufacturer’s Week by the City Council allows St. Louis Park to continue its commitment of being a connected and engaged community. Attachments: Proclamation Prepared by: Lisa Songle, Office Assistant Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 4e) Page 2 Subject: Minnesota Manufacturer’s Week Proclamation PROCLAMATION MINNESOTA MANUFACTURERS’ WEEK WHEREAS, the manufacturing industry is a dynamic part of Minnesota’s economy, and promotion of this sector’s strength, success and high quality of life is an integral part of Minnesota’s economic development strategy; and WHEREAS, Manufacturing provides high skill, high wage jobs which significantly contribute to Minnesota’s high standard of living and economic vitality; and WHEREAS, Manufacturing has the largest total payroll of any business sector in Minnesota, providing 17.9 billion in 2007 wages; and WHEREAS, Manufacturing produces $33.9 billion for the state economy and is the largest share, 13.3 percent of our gross state product; and WHEREAS, Manufactured exports brought over $16.2 billion into the Minnesota economy in 2007. NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park do hereby proclaim that the week of October 20–October 24, 2008, shall be observed as Minnesota Manufacturers’ Week. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 20th day of October, 2008. _________________________________________ Jeff Jacobs, Mayor Meeting Date: October 20, 2008 Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Special Assessment Sewer Service Line Repair 3225 Hampshire Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution establishing a special assessment for the repair of the sewer service line at 3225 Hampshire Avenue South. POLICY CONSIDERATION: None - The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Lillian Furry, owner of the single family residence at 3225 Hampshire Avenue South, has requested the City to authorize the repair of the sewer service line for her home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $1,800.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not Applicable. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 4f) Page 2 Subject: Special Assessment Sewer Service Line Repair 3225 Hampshire Avenue South RESOLUTION NO. 08-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 3225 HAMPSHIRE AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owner at 3225 Hampshire Avenue South has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3225 Hampshire Avenue South; and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $1,800.00. 4. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85%. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk Meeting Date: October 20, 2008 Agenda Item #: 4g Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to Accept for Filing Vendor Claims for the period October 4, 2008 through October 17, 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 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 1Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 1,575.00INSPECTIONS G & A TRAINING10,000 LAKES CHAPTER 1,575.00 120.00INSPECTIONS G & A TRAINING10,000 LAKES CHAPTER OF ICC 120.00 179.62TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC 179.62 142.02STORM WATER UTILITY G&A EQUIPMENT PARTSABLE HOSE & RUBBER INC 142.02 67.90ADMINISTRATION G & A TRAVEL/MEETINGSABRAHAMSON, LEIGH 67.90 7,236.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE 7,236.00 11.75WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESACE SUPPLY CO 11.75 41.45GENERAL REPAIR EQUIPMENT PARTSACTION FLEET INC 41.45 1,631.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESACZ LABORATORIES INC 1,631.00 210.45EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESADMINISTRATION RESOURCES CORP 210.45 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESALBERTSSON HANSEN ARCHITECTURE 225.00 9,350.00UNINSURED LOSS G&A UNINSURED LOSSALL ELEMENTS INC 9,350.00 272.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 272.00 336.07SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 336.07 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 2 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 2Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 86.82GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 137.70PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 104.83PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 98.74ENTERPRISE G & A GENERAL SUPPLIES 44.28VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 73.59WATER UTILITY G&A OPERATIONAL SUPPLIES 73.58SEWER UTILITY G&A OPERATIONAL SUPPLIES 619.54 1,028.15PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 1,028.15 628.35PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESANDERSEN INC, EARL 628.35 4.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATANDERSON, SCOTT 83.25WATER UTILITY G&A MILEAGE-PERSONAL CAR 775.00STORM WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 862.25 204.06VEHICLE MAINTENANCE G&A EQUIPMENT PARTSAPACHE HOSE & BELTING INC 204.06 43.90ADMINISTRATION G & A TRAVEL/MEETINGSATKINSON, KAREN 43.90 1,464.38TV PRODUCTION OTHER CONTRACTUAL SERVICESAVI SYSTEMS INC 1,464.38 302.98BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSBACHMANS 302.98 714.85POLICE G & A SUBSISTENCE SUPPLIESBARKER, BOB COMPANY 714.85 338.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESBARNA, GUZY & STEFFEN LTD 338.00 4,997.50PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBEDS AND BORDERS LANDSCAPE DES 4,997.50 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 3 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 3Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 137.35ADMINISTRATION G & A MEETING EXPENSEBEEKS PIZZA 137.35 480.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESBERG, STEVE 480.00 675.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESBERGFORD ARCHITECTURE, JOHN 675.00 417.69ORGANIZED REC G & A MILEAGE-PERSONAL CARBIRNO, RICK 417.69 143.71POLICE G & A OPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC 7.01POLICE G & A POSTAGE 150.72 287.10GENERAL REPAIR EQUIPMENT MTCE SERVICEBOYER TRUCKS LAUDERDALE 287.10 999.71GENERAL CUSTODIAL DUTIES BLDG/STRUCTURE SUPPLIESBRO TEX INC 999.71 30.00YOUTH PROGRAMS PROGRAM REVENUEBRYAN, JOHANNA 30.00 30.00YOUTH PROGRAMS PROGRAM REVENUEBURNS, AMY 30.00 377.01ORGANIZED REC G & A TRAININGBUSKEY, JENNIFER 377.01 15,823.40ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 3,169.88WIRELESS G & A LEGAL SERVICES 18,993.28 439.36PRINTING/REPRO SERVICES RENTAL EQUIPMENTCANON FINANCIAL SERVICES 439.36 29,283.75CITY HALL BUILDING MTCE SERVICECARLSON & SON'S, J 29,283.75 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 4 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 4Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 938.34DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 938.34 3,957.59INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESCARVER, CITY OF 3,957.59 13,034.17DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 1,440.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICES 25,000.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES 39,474.17 556.97FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 313.71PARK MAINTENANCE G & A HEATING GAS 33.78WESTWOOD G & A HEATING GAS 60.41NATURALIST PROGRAMMER HEATING GAS 1,252.46WATER UTILITY G&A HEATING GAS 21.36REILLY G & A HEATING GAS 104.73SEWER UTILITY G&A HEATING GAS 2,343.42 8,480.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 8,480.00 34.00YOUTH PROGRAMS PROGRAM REVENUECHOU, CAROLYN 34.00 92.97WATER UTILITY G&A OPERATIONAL SUPPLIESCINTAS FIRST AID & SAFETY 92.97 2,500.00COMM & MARKETING G & A PRINTING & PUBLISHINGCITY IMAGE COMMUNICATIONS 2,500.00 14,410.20ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 14,410.20 160.50VOICE SYSTEM MTCE EQUIPMENT MTCE SERVICECOLLINS COMMUNICATIONS 160.50 219.90NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST 219.90 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 5 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 5Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 10,709.58EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S 10,709.58 411.96BUILDING MAINTENANCE GENERAL SUPPLIESCONTINENTAL RESEARCH CORP 411.96 96.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESCOX, BARB 96.00 8.75IT G & A OFFICE SUPPLIESCROWN MARKING INC 8.75 73.01POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS 48.67NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 48.68HOUSING REHAB BUDGET MEETING EXPENSE 170.36 16.09INSPECTIONS G & A GENERAL SUPPLIESCULLIGAN BOTTLED WATER 16.09 93.36-WATER UTILITY BALANCE SHEET DUE TO OTHER GOVTSCULVER COMPANY 1,529.65WATER UTILITY G&A OFFICE SUPPLIES 1,436.29 1,636.06BUILDING MAINTENANCE EQUIPMENT MTCE SERVICECUMMINS NPOWER LLC 1,636.06 84.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 84.00 49.52SSD 1 G&A LANDSCAPING MATERIALSCUSTOM PRODUCTS & SERVICES 472.86SSD 1 G&A OTHER CONTRACTUAL SERVICES 1,056.48SSD 2 G&A OTHER CONTRACTUAL SERVICES 1,322.73SSD 3 G&A LANDSCAPING MATERIALS 1,782.81SSD 3 G&A OTHER CONTRACTUAL SERVICES 4,684.40 959.15GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYDALCO ENTERPRISES INC 959.15 59.40YOUTH PROGRAMS PROGRAM REVENUEDAVIS, CLARE 59.40 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 6 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 6Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 100.00RENTALRENT REVENUEDELOITTE & TOUCHE 100.00 9,371.69INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY 9,371.69 510.00COMMUNICATIONS/GV REIMBURSEABL TELEPHONEDEPT OF PUBLIC SAFETY 510.00 212.25ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 212.25 70.00TV PRODUCTION REPAIRSDIGITAL PICTURES INC 70.00 10,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 10,000.00 632.00ELECTRICAL SYSTEM MTCE BUILDING MTCE SERVICEDYMANYK ELECTRIC INC 632.00 700.00SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 700.00 867.19WATER UTILITY G&A OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 867.19SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 867.19SOLID WASTE G&A OTHER CONTRACTUAL SERVICES 867.18STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 3,468.75 215.13SEWER UTILITY G&A EQUIPMENT MTCE SERVICEELECTRIC PUMP INC 215.13 89.38WATER UTILITY G&A GENERAL CUSTOMERSELFELT, JOHN 89.38 365.25ESCROWSBass Lake/EDI/UPENSR CORPORATION 365.25 1,110.14STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEENTERPRISE RENT-A-CAR 1,110.14 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 7 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 7Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 1,215.88NETWORK SUPPORT SERVICES OFFICE EQUIPMENTEXECUTIVE OFFICE CONCEPTS LTD 1,215.88 66.28BUILDING MAINTENANCE GENERAL SUPPLIESFASTENAL COMPANY 162.59SEWER UTILITY G&A GENERAL SUPPLIES 228.87 34.93POLICE G & A POSTAGEFEDEX 20.71SEWER UTILITY G&A POSTAGE 55.64 576.75ICE RESURFACER MOTOR FUELSFERRELLGAS 576.75 87.23OPERATIONSSMALL TOOLSFIRE EQUIPMENT SPECIALTIES INC 87.23 37.03-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSFORMS & SYSTEMS OF MINNESOTA 599.28POLICE G & A OPERATIONAL SUPPLIES 7.45POLICE G & A POSTAGE 569.70 333.34ADMINISTRATION G & A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 333.34 72.00GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGOLDEN VALLEY SUPPLY COMPANY 72.00 39.00CLERICALSEMINARS/CONFERENCES/PRESENTATGOLDEN VALLEY, CITY OF 39.00 125.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTATGOVERNMENT TRAINING SERVICE 125.00 692.88EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTGRAFIX SHOPPE 692.88 63.26GENERAL BUILDING MAINTENANCE SMALL TOOLSGRAINGER INC, WW 92.36GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLY 253.95OFFICE EQUIP MTCE GENERAL SUPPLIES Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 8 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 8Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 546.38WATER UTILITY G&A OTHER 955.95 932.50DAMAGE REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 932.50 260.20WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 260.20 81.96HALLOWEEN PARTY CONCESSION SUPPLIESGRIMSRUD, TOM 81.96 760.00OFFICE EQUIP MTCE GENERAL SUPPLIESHANS CUSTOM LAMINATE 760.00 7,436.25WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 3,863.82WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 11,300.07 96.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHENDERSON, TRACY 96.00 719.07NETWORK SUPPORT SERVICES COMPUTER SERVICESHENNEPIN COUNTY INFO TECH 1,689.76POLICE G & A EQUIPMENT MTCE SERVICE 930.08OPERATIONSRADIO COMMUNICATIONS 315.04OPERATIONSEMERGENCY PREPAREDNESS 3,653.95 8,000.00PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO 8,000.00 233.86PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICEHENNEPIN COUNTY TREASURER 233.86 1,287.50OPERATIONSGENERAL PROFESSIONAL SERVICESHENNEPIN FACULTY ASSOCIATES 1,287.50 178.98WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESHIRSHFIELDS 178.98 936.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHISLOP, DANIEL Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 9 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 9Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 561.60-EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 374.40 244.87GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 108.80DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 46.49BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 400.16 24.84GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME HARDWARE 42.53ERUOPERATIONAL SUPPLIES 15.83ENGINEERING G & A GENERAL SUPPLIES 209.96PARK MAINTENANCE G & A GENERAL SUPPLIES 9.66BUILDING MAINTENANCE GENERAL SUPPLIES 12.63WATER UTILITY G&A GENERAL SUPPLIES 16.27WATER UTILITY G&A SMALL TOOLS 14.95SEWER UTILITY G&A GENERAL SUPPLIES 346.67 44.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 336.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICES 380.00 50.97HUMAN RESOURCES RECOGNITIONHSBC BUSINESS SOLUTIONS 1,068.95INSPECTIONS G & A GENERAL SUPPLIES 29.98WESTWOOD G & A GENERAL SUPPLIES 34.47ADULTS 18 AND OLDER CONCESSION SUPPLIES 1,184.37 45.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSIATN 45.00 164.25WESTWOOD G & A EQUIPMENT MTCE SERVICEIKON OFFICE SOLUTIONS 164.25 1,154.95CABLE TV G & A OTHER CONTRACTUAL SERVICESIMPLEX.NET INC 1,154.95 180.00PUBLIC WORKS OPS G & A SUBSCRIPTIONS/MEMBERSHIPSIMSA 180.00 319.77WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESINDELCO 319.77 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 10 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 10Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 113.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN 56.03POLICE G & A OTHER CONTRACTUAL SERVICES 169.78 130.87NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESJEWELL, JILL 130.87 2,892.35WATER UTILITY G&A EQUIPMENT MTCE SERVICEJOHN HENRY FOSTER MN 2,892.35 73.92TELECOMMUNICATIONS COMMISSION SEMINARS/CONFERENCES/PRESENTATKEELER, TOBY 73.92 75.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESKEHREN, ALISHA 75.00 33,509.48CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDILACHMANSINGH SALES INC, CARLO 33,509.48 824.05SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESLARSON, JH CO 824.05 12,994.68UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE 12,994.68 3,325.95DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIESLIGHTING PLASTICS OF MN INC 3,325.95 204.70ORGANIZED REC G & A MILEAGE-PERSONAL CARLOMBARDI, JIM 204.70 1,520.00FRANCHISE ADMINISTRATION SEMINARS/CONFERENCES/PRESENTATMACTA 1,520.00 1,786.01PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESMAGNUSON SOD/HAAG SERVICES INC 1,786.01 281.77SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE 542.18SSD 2 G&A OTHER CONTRACTUAL SERVICES 568.62SSD 3 G&A OTHER CONTRACTUAL SERVICES 1,392.57 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 11 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 11Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 991.95ASSESSING G & A OTHER CONTRACTUAL SERVICESMARSHALL & SWIFT 991.95 293.41PATCHING TEMPORARY OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS 60.71VEHICLE MAINTENANCE G&A MOTOR FUELS 354.12 96.18SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESMENARDS 72.22WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES 56.56HALLOWEEN PARTY GENERAL SUPPLIES 224.96 7,723.20WATER UTILITY G&A OTHER IMPROVEMENT SERVICEMETRO LEAK DETECTION INC 7,723.20 76.95POLICE G & A OFFICE SUPPLIESMICRO CENTER 179.55WATER UTILITY G&A OFFICE EQUIPMENT 256.50 22,231.93SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 2,072.35PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 395,644.43CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 310.95WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 420,259.66 468.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 468.00 475.01EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC 475.01 1,991.84EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,991.84 712.32GENERAL FUND BALANCE SHEET CLEARING ACCOUNTMINNESOTA DEPT COMMERCE 712.32 250.00WATER UTILITY G&A LICENSESMINNESOTA DEPT OF HEALTH 250.00 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 12 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 12Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS 16.00 35.00FINANCE G & A TRAININGMMUA 35.00 25.00OPERATIONSTRAININGMNSCU MRTC 25.00 750.00ESCROWSPMC ESCROWMOLINA, LARISSA 750.00 300.00ADULT SOFTBALL SUBSCRIPTIONS/MEMBERSHIPSMRPA 300.00 73.01GENERAL REPAIR EQUIPMENT PARTSMTI DISTRIBUTING CO 73.01 113.50PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESNANCY'S CRAFT CAPERS 113.50 5.74H.V.A.C. EQUIP. MTCE BLDG/STRUCTURE SUPPLIESNAPA (GENUINE PARTS CO) 41.39WATER UTILITY G&A EQUIPMENT PARTS 47.13 560.02EMPLOYEE FLEX SPEND G&A TUITIONNIELSEN, TAMMY 560.02 111.67SUPPORT SERVICES SEMINARS/CONFERENCES/PRESENTATNORDRUM, ERIN 111.67 728.29GENERAL REPAIR EQUIPMENT PARTSNORTHERN SAFETY TECHNOLOGY INC 728.29 149.76STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESO'CONNOR, CHARLES 149.76 55.80YOUTH PROGRAMS PROGRAM REVENUEO'DONNELL, SHEILA 55.80 141.19GENERAL REPAIR EQUIPMENT PARTSO'REILLY AUTO PARTS 141.19 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 13 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 13Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 500.00ANIMAL CONTROL OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 500.00 484,785.00CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIODLAND PROTECTIVE COATINGS INC 484,785.00 3,528.00GO BONDS-FIRE STATIONS G&A GENERAL PROFESSIONAL SERVICESOERTEL ARCHITECTS 3,528.00 110.64ADMINISTRATION G & A GENERAL SUPPLIESOFFICE DEPOT 96.62HUMAN RESOURCES OFFICE SUPPLIES 250.94DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT 158.16POLICE G & A OFFICE SUPPLIES 45.16POLICE G & A OPERATIONAL SUPPLIES 16.16OPERATIONSOFFICE SUPPLIES 233.69INSPECTIONS G & A GENERAL SUPPLIES 49.02PUBLIC WORKS OPS G & A OFFICE SUPPLIES 179.08ORGANIZED REC G & A OFFICE SUPPLIES 2.56PARK MAINTENANCE G & A OFFICE SUPPLIES 138.44WESTWOOD G & A OFFICE SUPPLIES 2.56VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 1,283.03 1,045.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 1,045.00 96.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESOLUFSON, CURTIS 96.00 2,992.20PORTABLE TOILETS OTHER CONTRACTUAL SERVICESON SITE SANITATION 241.82NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 3,234.02 5.00YOUTH PROGRAMS PROGRAM REVENUEPARADA, LINETTE 5.00 196.53BEAUTIFICATION / FLOWERS PARK MAINTENANCEPARKER, KAREN 196.53 5,887.54BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESPBBS EQUIPMENT CORP Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 14 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 14Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 4,180.00BUILDING MAINTENANCE BUILDING MTCE SERVICE 10,067.54 13,995.03COMM & MARKETING G & A PRINTING & PUBLISHINGPERNSTEINER CREATIVE GROUP INC 13,995.03 34.00YOUTH PROGRAMS PROGRAM REVENUEPIKE, ANGELA 34.00 30.00CLERICALSEMINARS/CONFERENCES/PRESENTATPLEAA 30.00 362.49PARK MAINTENANCE G & A TELEPHONEPOPP TELECOM 362.49 108.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 108.00 2,132.30POLICE G & A POLICE EQUIPMENTPUBLIC SAFETY EQUIPMENT CO 2,132.30 6,825.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 6,825.00 645.87FACILITY OPERATIONS TELEPHONEQWEST 55.41NEIGHBORHOOD OUTREACH TELEPHONE 110.82COP SHOP TELEPHONE 2,026.77COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 18.18E-911 PROGRAM TELEPHONE 22.48REC CENTER BUILDING TELEPHONE 2,879.53 41.26HALLOWEEN PARTY GENERAL SUPPLIESRANDALL, SANDI 41.26 1,812.91FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC 789.07REC CENTER BUILDING GARBAGE/REFUSE SERVICE 77.62WATER UTILITY G&A GARBAGE/REFUSE SERVICE 599.55SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 3,279.15 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 15 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 15Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 188.96WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING 188.95SEWER UTILITY G&A POSTAGE 188.95SOLID WASTE COLLECTIONS POSTAGE 188.95STORM WATER UTILITY G&A POSTAGE 755.81 80.00PUBLIC WORKS G & A MEETING EXPENSERARDIN, MICHAEL 80.00 132.72NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESRAYMOND, MIKE 132.72 4,344.36COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESREACH FOR RESOURCES INC 4,344.36 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESREHKAMP LARSON ARCHITECTS INC 225.00 721.63SOLID WASTE COLLECTIONS OTHERREHRIG PACIFIC CO 721.63 253.19HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESRILEY, DETTMAN & KELSEY 253.19 187.20ORGANIZED REC G & A MILEAGE-PERSONAL CARROSA, NATE 187.20 5,000.00INSPECTIONS G & A PMC ESCROWROTTWEDER, GARY 5,000.00 137.79STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICESA-AG INC 137.79 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESSALA ARCHITECTS INC 225.00 255.00GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESSANI-MASTERS INC 255.00 850.00WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESSCHELLER TAPPING, LEE 850.00 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 16 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 16Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 189.56SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIESSCHERER BROS. LUMBER CO. 3,838.35PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 4,027.91 632.61PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESSCHOEBEN'S WINDOW CLEANING SER 716.23BUILDING MAINTENANCE BUILDING MTCE SERVICE 1,348.84 143.02ASSESSING G & A MILEAGE-PERSONAL CARSCHOMER, KELLEY 143.02 70.00HOUSING REHAB G & A TRAININGSENSIBLE LAND USE COALITION 70.00 75.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESSHANDLEY, BENJI 75.00 271.08PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSHERWIN WILLIAMS 271.08 375.00HALLOWEEN PARTY OTHER CONTRACTUAL SERVICESSIEFERT, JIM 375.00 3,702.30GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICESIMPLEXGRINNELL LP 3,702.30 42.76OPERATIONSOPERATIONAL SUPPLIESSMITH, CARY S 42.76 10,921.00WATER UTILITY G&A BUILDING MTCE SERVICESPEC7GROUP 10,921.00 2,202.53DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSSPRINT 2,202.53 235.00ARENA MAINTENANCE BLDG/STRUCTURE SUPPLIESSPS COMPANIES INC 273.95PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 92.96WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 601.91 330.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESST LOUIS PARK TRANSP INC 330.00 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 17 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 17Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 25.00HUMAN RESOURCES SEMINARS/CONFERENCES/PRESENTATST MICHAEL, CITY OF 25.00 229.98GENERAL REPAIR EQUIPMENT PARTSSTREICHER'S 318.39EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 548.37 151.94ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 407.00COMMUNICATION & MARKETING BUDG OTHER CONTRACTUAL SERVICES 128.70OFFICE EQUIPMENT OFFICE FURNITURE & EQUIPMENT 687.64 2,920.83WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESSWANSON PROCESS SERVICES 2,920.83 168.48FINANCE G & A MILEAGE-PERSONAL CARSWANSON, BRIAN 168.48 700.00SOCCEROTHER CONTRACTUAL SERVICESSWANSON, JORDAN 700.00 129.38ADMINISTRATION G & A GENERAL SUPPLIESSYNERGY GRAPHICS INC 129.38 1,724.50IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICESTALBERG LAWN & LANDSCAPE INC 818.99MOWINGOTHER CONTRACTUAL SERVICES 2,543.49 97.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 97.00 8,100.00REILLY BUDGET OTHER CONTRACTUAL SERVICESTESTAMERICA LABORATORIES INC 8,100.00 33.00OPERATIONSOPERATIONAL SUPPLIESTEXA TONKA TAILORING 33.00 662.50BUILDING MAINTENANCE BUILDING MTCE SERVICETHYSSENKRUPP ELEVATOR 662.50 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 18 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 18Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 547.50ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 547.50 16,930.85ESCROWSDuke Construction-Mps West TSTKDA 16,930.85 29,670.98TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICETOP NOTCH TREE CARE 29,670.98 96.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESTRAUTMANN, JOHN 96.00 1,925.00DESKTOP SUPPORT/SERVICES GENERAL PROFESSIONAL SERVICESTRESERA CONSULTING LLC 1,925.00 247.54NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESTRIANGLE NEIGHBORHOOD ASSN 247.54 310.00H.V.A.C. EQUIP. MTCE EQUIPMENT MTCE SERVICEUHL CO INC 310.00 515.27SUPPORT SERVICES OPERATIONAL SUPPLIESUNIFORMS UNLIMITED 100.23SUPERVISORYOPERATIONAL SUPPLIES 337.81PATROLOPERATIONAL SUPPLIES 50.48-OPERATIONS OPERATIONAL SUPPLIES 902.83 244.50EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 244.50 99.00TRAININGSEMINARS/CONFERENCES/PRESENTATUNIVERSITY OF MINNESOTA REGIST 99.00 220.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 220.00 67.60POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC 692.54OPERATIONSTELEPHONE 8.53WATER UTILITY G&A TELEPHONE 768.67 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 19 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 19Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 865.00HUMAN RESOURCES RECOGNITIONVAIL, LORI 865.00 159.02OPERATIONSOPERATIONAL SUPPLIESVALLEY NATIONAL GASES WV LLC 8.02BUILDING MAINTENANCE GENERAL SUPPLIES 167.04 114.08ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 114.08 20.00HUMAN RESOURCES RECRUITMENTVERIFIED CREDENTIALS 20.00 1,652.31VOICE SYSTEM MTCE TELEPHONEVERIZON WIRELESS 72.34COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 1,724.65 65.00ENGINEERING G & A GENERAL SUPPLIESVIKING INDUSTRIAL CTR 65.00 4,500.00ESCROWSPMC ESCROWWALDEN, CRAIG 4,500.00 67,587.36SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICEWASTE MANAGEMENT 32,213.40SOLID WASTE COLLECTIONS RECYCLING SERVICE 14,830.32SOLID WASTE COLLECTIONS YARD WASTE SERVICE 28,546.36SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 9,158.63SOLID WASTE DISPOSAL YARD WASTE SERVICE 152,336.07 436.60PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESWASTE TECHNOLOGY INC 436.60 634.98EMPLOYEE FLEXIBLE SPENDING B/S STATE WITHHOLDINGWISCONSIN DEPT OF REVENUE 634.98 119,780.83WOLFE LAKE OTHER CONTRACTUAL SERVICESWOLFE LAKE ASSOCIATION 119,780.83 10,419.24FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 141.70PARK BUILDING MAINTENANCE ELECTRIC SERVICE Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 20 10/16/2008CITY OF ST LOUIS PARK 7:46:56R55CKSUM LOG23000VO 20Page -Council Check Summary 10/17/2008 -10/04/2008 Vendor AmountBusiness Unit Object 448.12WESTWOOD G & A ELECTRIC SERVICE 17,325.22ENTERPRISE G & A ELECTRIC SERVICE 670.86WATER UTILITY G&A ELECTRIC SERVICE 192.01OPERATIONSELECTRIC SERVICE 118.67OPERATIONSELECTRIC SERVICE 29,315.82 480.79WIRELESS G & A OTHER CONTRACTUAL SERVICESXO COMMUNICATIONS 480.79 356.57PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESZEE MEDICAL SERVICE 356.57PARK MAINTENANCE G & A GENERAL SUPPLIES 237.71SEWER UTILITY G&A OPERATIONAL SUPPLIES 950.85 Report Totals 1,688,307.23 Meeting of October 6, 2008 (Item No. 4g) Subject: Vendor Claims Page 21 Meeting Date: October 20, 2008 Agenda Item #: 4h MINUTES St. Louis Park Housing Authority Hamilton House, Community Room Wednesday, September 10, 2008 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Renee Fitzgerald, Trinicia Hill, Judith Moore STAFF PRESENT: Jane Klesk, Kevin Locke, Teresa Schlegel, Michele Schnitker OTHERS PRESENT: Brian Swanson, Assistant Finance Director, Steve Wischmann, Kern, DeWenter, Viere, Ltd. 1. Call to Order The meeting was called to order at 5:04 p.m. 2. Approval of Minutes for July, 2008 The Board minutes of July16, 2008 were unanimously approved, with the following amendment to paragraph 6.b.: Commissioner Moore moved to approve the current slate of officers as presented: Chair, Catherine Courtney, Vice-Chair, Steve Fillbrandt, and Secretary, Renee Fitzgerald. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. FYE 2008 Audit Presentation Ms. Schnitker introduced Brian Swanson, Assistant Finance Director, and Steve Wischmann, Kern, DeWenter, Viere, Ltd. Mr. Wischmann reviewed the Management Letter and FYE 2008 Audit, stating that; overall, the Housing Authority is in a solid financial position. Mr. Wischmann informed the Board of two deficiencies in internal control involving insufficient control over the cash receipting process, and insufficient control over the cash disbursement process in the Section 8 Program. Ms. Schnitker distributed a handout explaining management’s Meeting of October 20, 2008 (Item No. 4h) Page 2 Subject: Housing Authority Minutes September 10, 2008 response to the deficiencies. The deficiencies did not result in any financial errors or misstatements, and HA and Finance staff are exploring solutions to eliminate future concerns. Mr. Swanson and Mr. Wischmann addressed further questions from the Commissioners. b. Approval of Authorized Signers for Depository Services, Resolution Nos. 574 and 575 Ms. Klesk explained that the Housing Authority’s bank, U.S. Bank, requires updated resolutions when the Finance contact persons have changed. The new contact persons will be Jill Maples, Senior Accounting Clerk, and Patricia Sulander, Accountant. Commissioner Fillbrandt moved to approve Resolution No. 574, Resolution of the Housing Authority of St. Louis Park for Depository Services, for the Section 8 checking account. Commissioner Fitzgerald seconded the motion, and the motion passed 5-0. Commissioner Fillbrandt then moved to approve Resolution No. 575, Resolution of the Housing Authority of St. Louis Park for Depository Services, for the Public Housing checking account. Commissioner Fitzgerald seconded the motion, and the motion passed 5-0. c. Approval of New Housing Choice Voucher Payment Standards Ms. Schnitker provided background on the increased payment standards for two, three, four and five-bedroom size units, and the establishment of a Single Room Occupancy (SRO) payment standard equal to the FMR (Fair Market Rent). Commissioner Fitzgerald moved to approve the revised Section 8 Housing Choice Voucher Program Payment Standards effective November 1, 2008. Commissioner Moore seconded the motion, and the motion passed 5-0. d. Approval of the Perspectives AHIF Award, Resolution No. 576 Ms. Schnitker requested the Board’s support and approval of Hennepin County Housing Redevelopment Authority (HCHRA) participation in the Perspectives, Inc. rehabilitation of affordable supportive housing apartments located in St. Louis Park, through an HCHRA $260,000 deferred loan from the 2007 Affordable Housing Incentive Fund (AHIF). Commissioner Fitzgerald moved to approve, and Commissioner Moore seconded Resolution No. 576, Resolution Approving the Award of Affordable Housing Incentive Funds and the Participation of Hennepin County Housing and Redevelopment Authority With Perspectives, Inc. The motion passed 5-0. Meeting of October 20, 2008 (Item No. 4h) Page 3 Subject: Housing Authority Minutes September 10, 2008 7. Communications from Executive Director a. Claims List August and September – 2008 b. Communications 1. Monthly Report August and September – 2008 2. Development Report 3. Draft Financial Statements 8. Other 9. Adjournment Commissioner Moore moved to adjourn the meeting, and Commissioner Fillbrandt seconded the motion. The motion passed 5-0. The meeting was adjourned at 6:18 p.m. Respectfully submitted, __________________________ Renee Fitzgerald, Secretary Meeting Date: October 20, 2008 Agenda Item #: 4i OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA September 17, 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 STAFF PRESENT: Meg McMonigal, Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of September 3, 2008 Commissioner Johnston-Madison made a motion to recommend approval of the September 3, 2008 minutes. Commissioner Carper seconded the motion, and the motion passed on a vote of 4-0-2 (Commissioners Morris and Shapiro abstained). 3. Hearings 4. Other Business A. Minor Amendment to PUD for Grocery Store – The West End Location: 1570 16th Street West Applicant: AD West End LLC Case No: 08-32-PUD Sean Walther, Senior Planner, presented the staff report. He explained that Minor Amendments generally need only City Council approval, but in this case, the PUD approval also required Planning Commission review. The Planning Commission may make a recommendation to the City Council by motion, but it is not required. Planning Commission comments and discussion will be considered by staff and the applicant and forwarded to the City Council. Mr. Walther reviewed the project background, building facade and site. David Bader, developer, introduced the development team. Meeting of October 20, 2008 (Item No. 4i) Page 2 Subject: Planning Commission Minutes September 17, 2008 J.R. Anderson, developer/retail partner, stated he was excited about the grocery use as part of the project. The grocery use brings a new concept to the marketplace and distinguishes the development from other lifestyle projects in the greater Minneapolis area. They tried to enhance the store from an exterior perspective, taking into consideration that it still needed to operate as a grocery store. Mr. Anderson said they had tried to enliven the space and bring windows to a pedestrian level. They wanted to create a pedestrian experience and as a result of that, Roundy’s had agreed to include a revolving door to the plaza and glass at the corners. Mike Schmidt, Roundy’s, spoke about how they develop their stores from the neighborhood perspective. Demographics dictate the kind of store and the kind of presentation they want to put forth. He stated this is an area for a higher level store. The produce department is the signature part of the store, with 600-700 items. He further discussed the store details and services. Commissioner Carper stated he was disappointed in the façade, especially the façade facing Park Place Blvd. He said it was a very long length of brick and was very undifferentiated and looked boring. The façade design would not encourage pedestrians to walk along the street. He suggested tiles, murals, a water wall, stained glass windows, art or something regarding the history of St. Louis Park. The windows seemed like the windows at Trader Joe’s, which he didn’t think was ideal. The windows are boring. He said he thought there is a lot of opportunity to do things differently. The front of the store could have displays or some shelter. He went on to say there is an opportunity to look at this again and do something spectacular rather than using more mundane brick. Pat Mascia, development team, replied those were all opportunities. He said when they spoken with staff, some of the issues were clear glass and being able to look through. There are a lot of possibilities in terms of the panels. Glass has been added where possible. They had shown renderings of the art on 16th and it could be something reflecting St. Louis Park and the theme of the development. It is the back of the store. They have to make Park Place as inviting as possible. It was a great opportunity for art. The renderings were just an example and it was something they could develop with staff as they move forward. Chair Robertson spoke about Park Place façade elements which include brick, stone, and awnings. He stated that is where the stairways are located. He noted there are some playful elements and it is a big facade. Mr. Mascia stated the elevation presented a challenge. Chair Robertson asked if there was an opportunity to have a raised terrace or balcony. Mr. Mascia replied they were exploring everything they could. Meeting of October 20, 2008 (Item No. 4i) Page 3 Subject: Planning Commission Minutes September 17, 2008 Commissioner Morris noted he didn’t see cart corrals and bicycle racks. Mr. Walther responded that eight cart corrals were planned for the site. They will be curbed and guttered and separated from nearby parking stalls. They are awaiting the plan including those items. Mr. Mascia added there are bicycle racks in the master plan at the grocery site and building 12. Commissioner Morris envisioned an issue with traffic circulation on the site such as exists at Home Depot and Costco. He commented there would be a bottleneck where all traffic would enter and exit on 16th. It seemed constraining. He spoke about the reduction in the parking requirement and looking at the traffic movement, especially with another building on site, he envisioned a log jam in the short corridor that services the whole parking lot. Mr. Walther responded the parking lot was reviewed during the preliminary and final PUD approval. There were concerns and the developer made adjustments. There are opportunities for occasional back ups during peak hours. Commissioner Morris commented specifically at building 12, the parking is stacked into the main exit aisle and he envisioned problems with people backing out of those stalls. It appeared to be 12 ½ feet for an interior drive lane. Mr. Mascia responded all drive lanes were 24 feet. It is a standard parking bay. He stated there are other entrances. Chair Robertson asked about exiting to the north across the development. Mr. Mascia replied that exit was in place. Duke Drive and a service drive are also public drives where people could exit. Mr. Walther continued with the staff report and spoke about exterior materials and landscaping. He said as this is a visible and important project staff wanted to bring it to the Commission for general comments and reactions. Chair Robertson stated it was a difficult building type. Architects don’t like to do back ends of buildings. He said the proposal is better than anything else in town of this nature as far as not having a backside and he thought it worked. He said he felt the parking is a little tight, but there was enough exiting. Overall he stated that he liked the project. Commissioner Morris commented that the plan was good and better than what is normally seen on commercial development, but there could be some tweaking. He said he thought some of the elements could be better, especially the displays proposed along the backside of the wall. He suggested interactive features and more space for art. He would like to see a fall Meeting of October 20, 2008 (Item No. 4i) Page 4 Subject: Planning Commission Minutes September 17, 2008 back plan should the parking not work, that they have something contingent to control interior traffic, and possibly predominantly mark the northerly exit. Cart corrals and specific bike rack locations also need to be in the plan. He suggested vendor carts could be added, as long as they were done in a nice format. Commissioner Johnson-Madison believed the project was well done, but could be tweaked as discussed. The parking would be similar to what they encounter in other areas and drivers learn to be careful in those settings. Commissioner Carper said he was disappointed with the plans. They had differentiated the sides of the building, but it was not particularly inspired. He said there was a lot of opportunity to improve on this and be more creative. This is a spectacular development. There are some TIF funds involved and the City deserves something special and he didn’t think it would add that much to the cost of the building. They would be replacing expensive brick with some other types of materials that would do the job as well. He liked it and it was acceptable, but it could be really moved to an “A” level if a few changes were made. Chair Robertson agreed he would like to see things a little improved and he would like to see public art. When there is TIF involved, a little return on the investment is expected. He said he had to respect that businesses have the right to promote themselves. They want to be wildly successful and part of that is promoting what they do and how well they do it and the Commission couldn’t lose site of that. Commissioner Shapiro stated this is a grocery store building and he had never seen a grocery store building that included all of the elements of this proposal. They could ask for a lot more, but he said he thought this was already a lot more than is typical and he liked it. 5. Communications 6. Adjournment The meeting was adjourned 6:50 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: October 20, 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: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West. RECOMMENDED ACTION: Mayor to close public hearing. Motion to Approve First Reading of Ordinance approving the vacation of a portion of a drainage and utility easement at 4210 28th Street West, contingent upon the applicant providing a replacement easement, and setting the second reading of the proposed ordinance for November 3rd, 2008. POLICY CONSIDERATION: Is there a need for the drainage and utility easement proposed to be vacated? The easement exists because of an isolated drainage basin just west of the existing lot. The easement is currently used; however, dedication of a new easement and grading changes will make it unnecessary. BACKGROUND: The parcel under consideration is located at 4210 28th Street West in the Fern Hill Neighborhood. As an existing parcel, the site is suited primarily to the future construction of one single family home. Despite its size of over 14,000 square feet, construction on the lot will be challenging. To the west of the lot is a large, isolated drainage area. The drainage area has no outlet; for this reason, during major rain events the water level in the drainage area sometimes rises quite substantially. Though the site is outside of the Federal Emergency Management Agency (FEMA) recognized 100- year floodplain, the City Engineer has determined that the drainage area is considered a “flood area,” susceptible to occasional flooding. A map is attached showing the maximum extent of this “flood area.” The parcel is what is sometimes known as a “through-lot,” meaning that it has frontage on two streets. When the lot was platted, drainage and utility easements were placed along the perimeter of the lot as is typical of most lots in St. Louis Park. However, a large drainage and utility easement was also placed across the middle of the lot. In the opinion of the property owner, the location of this easement makes future construction impractical. It is for this reason that a vacation is requested. Meeting of October 20, 2008 (Item No. 6a) Page 2 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West The City Engineer has reviewed the requested vacation and has determined that it is appropriate so long as a new drainage and utility easement is provided. The new drainage and utility easement could be reconfigured to better match the “flood area,” enabling construction on the lot while maintaining a drainage pattern similar to what occurs on the site during major events now. The new drainage and utility easement must ensure that no construction or fill of the lot occurs at an elevation below 877 feet above sea level. Before the vacation is filed with the County, a new easement would need to be filed meeting these conditions. Planning Staff has reviewed the proposal and determined that with the new easement, construction of a single family house will be possible without the need for variances. The applicant should be able to build a home that is out of the drainage and utility easements while meeting all setback and dimensional requirements of the Zoning Ordinance. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: The vacation of this drainage and utility easement will enable the construction of one new single family home in an existing neighborhood. A new single family home meets the vision goal to construct ‘move-up’ housing within St. Louis Park’s neighborhoods. Attachments: Ordinance - Vacation Location Map Site Plans and related documents Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke. Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 6a) Page 3 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West ORDINANCE NO.____-08 AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT 4210 28TH STREET WEST 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 drainage and utility easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on October 9, 2008 and the City Council has conducted a public hearing upon said petition and has determined that the easement is not needed for public purposes, and that it is for the best interest of the public that said easement be vacated. Section 2. The following described easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That particular utility and drainage easement, originally dedicated in the recorded plat of Silverberg Addition, Hennepin County, Minnesota, and now to be vacated which lies 20.00 feet southerly of a line described as follows: Commencing at the northeast corner of Lot 2, Block 1, said plat; thence southerly along the east line of said Lot 2 a distance of 50.00 feet to the point of beginning of the line to be described; thence deflecting to the right 89 degrees 23 minutes 55 seconds a distance of 86.90 feet to the west line of said Lot 2, and said line there terminating. EXCEPT that part lying westerly of a line described as follows: Commencing at the northeast corner of Lot 3, Block 1, said plat; thence southerly along the east line of said Lot 3 a distance of 25.00 feet to the point of beginning of the line to be described; thence deflecting left 148 degrees 20 minutes 58 seconds a distance of 59.65 feet to the previously described line, and said line there terminating. ALSO EXCEPT the east 6.00 feet thereof. reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across the described property for storm sewer, sanitary sewer, water main, and public utility purposes. 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 October 20, 2008 (Item No. 6a) Page 4 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 28TH ST W CEDAR S T INGLEWOOD AVE SJOPPA AVE SJOPPA AVE S4210 28th Street West - SilverbergDrainage and Utility Easement Vacation $ October 15, 2008 3 X Zoning Classification R1 - Single Family Residential R2 - Single Family Residential R3 - Two Family Residential R4 - Multi-Familiy Residential RC - Multi-Family Residential POS - Parks and Open Space MX - Mixed-Use C1 - Neighborhood Commercial C2 - General Commercial O - Office IP - Industrial Park IG - General Industrial 100 Feet R-1 R-1 R-1 R-1 Meeting of October 20, 2008 (Item No. 6a) Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Page 5 Meeting of October 20, 2008 (Item No. 6a) Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Page 6 Meeting of October 20, 2008 (Item No. 6a) Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Page 7 Meeting of October 20, 2008 (Item No. 6a) Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Page 8 Meeting of October 20, 2008 (Item No. 6a) Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Page 9 Meeting Date: October 20, 2008 Agenda Item #: 6b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, False Alarms and Other Miscellaneous Charges. RECOMMENDED ACTION: Mayor to close the public hearing. Motion to Adopt Resolution Assessing Delinquent Water, Sewer, Storm Sewer, Refuse and Other Fees and Charges. POLICY CONSIDERATION: City Council should determine if the fees are properly assessed against the properties that benefitted from city services. BACKGROUND: After conducting a public hearing, the City Council is authorized to direct the assessment of delinquent utility accounts, tree removal/injection, false alarm fees, and other miscellaneous charges against the benefiting property. Accounts remaining delinquent and unpaid at the close of business on October 31, 2008 will be sent to Hennepin County for inclusion with the 2009 property tax bill. This process follows essentially the same schedule each year and is developed to meet Hennepin County’s deadline of December 1, 2008 for submission of the assessment rolls. PROCESS PRIOR TO HEARING: Each of the customers received a City service. Subsequently, the customers were then billed through our regular billing process. The invoice(s) is/are now past due, so the recommended method of collecting the past due amounts are through certification to the property taxes for next year. In advance of the public hearing date, individual letters are mailed to property owners, and tenants if applicable, advising them of the assessment and their right to be heard before the City Council. This year, 1,842 letters were sent to customers, as compared to over 1,700 letters last year. Balances past due as of September 19, 2008 are considered delinquent. The total amount delinquent at that time was $674,705 compared to $722,532 in 2007. Each year, we have a number of residents who pay their delinquent amount before the certification deadline, thus reducing the final amount that is certified and sent to the County. In addition, there are several hundred property owners who contact the City with questions about their outstanding balance(s), the certification process and/or payment arrangements during October. Meeting of October 20, 2008 (Item No. 6b) Page 2 Subject: Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, False Alarms and Other Miscellaneous Charges As of October 14, 2008 the City has delinquencies totaling $515,739. Customers have until October 31, 2008 to pay the outstanding amount or contact the City to make payment arrangements. The amounts shown do not include interest or the $25.00 per account administrative fee which are added per our special assessment policy adopted in Resolution 00-078. A copy of the assessment roll is on file with the City Clerk’s office for review. At this time, the Finance Department has not received notice that anyone wants to speak at the Public Hearing. NEXT STEPS: Staff will continue to collect payments related to the delinquent accounts and work with residents to resolve issues related to their delinquent accounts. All delinquent accounts outstanding as of October 31, 2008 will be certified to Hennepin County for collection. After certification, the delinquent amounts will become a lien on the individual properties. FINANCIAL OR BUDGET CONSIDERATION: Collection of these charges is vital to the financial stability of our utility systems and to reimburse the city for expenses incurred in providing services. VISION CONSIDERATION: Not Applicable Attachments: Resident Letter Resolution Assessment Roll (On File with City Clerk) Prepared by: Brian A. Swanson, Assistant Finance Director Reviewed by: Bruce DeJong, Finance Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 6b) Page 3 Subject: Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, False Alarms and Other Miscellaneous Charges Date of Notice: October 1, 2008 Property Owner 1 Mailing Address Mailing City, Mailing State, Mailing Zip RE: Invoice Number: Customer: Service Address: Delinquent Amount: Description: Dear Property Owner 1: The City of St. Louis Park encourages its customers to remain current in the payment of their bills. When accounts become delinquent, they may be certified to Hennepin County to be collected with property taxes. According to our records, your account is delinquent. This letter serves as notice that any delinquent amounts not received at City Hall by 4:30 p.m. October 31st, 2008 will be sent to the County for collection with your property taxes in 2008. If the delinquent amount is forwarded for collection, you will also incur an additional $25.00 service charge, plus 5.85% interest. The City Council will consider final action on all delinquent accounts at a public hearing during the regular Council meeting on October 20, 2008 at 7:30 p.m. in the Council Chambers, 5005 Minnetonka Blvd. A written appeal may be presented to the Council at that time. Appeals may also be made to the Finance Director, 5005 Minnetonka Blvd., St. Louis Park, MN 55416. We sincerely hope that you choose to make your delinquent payment in a timely manner. It is in the best interest of the City of St. Louis Park and its property owners to avoid the special assessment process. Please feel free to contact our office at (952) 924-2680 if you have questions regarding this notice. Thank you for your prompt attention to this matter. Bruce DeJong Finance Director City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Meeting of October 20, 2008 (Item No. 6b) Page 4 Subject: Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, False Alarms and Other Miscellaneous Charges RESOLUTION NO. 08-____ LEVYING ASSESSMENT AND REASSESSMENT FOR DELINQUENT UTILITY ACCOUNTS, TREE REMOVAL/INJECTION, FALSE ALARM FEES AND OTHER MISCELLANEOUS CHARGES WHEREAS, the City Council has heretofore determined by ordinance the rates and charges for water, sewer, storm water and refuse services of the city and has provided for the abatement of tree removal/injection, grass/weed cutting and other miscellaneous charges to a home or business shall be at the expense of the owners of the premises involved; and WHEREAS, all such sums become delinquent and assessable against the property served under Section 6-158, Section 6-206, Section 9-103, Section 9-110, Section 11-2004 of the St. Louis Park Ordinance Code and Minnesota Statutes 18.023, 18.271, 443 and 429; and WHEREAS, the City Clerk has prepared an assessment roll setting forth an assessment against each tract or parcel of land served by water, sewer, storm water and refuse services of the City or charged for the costs of abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on October 31, 2008; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that said assessment roll is hereby adopted and approved, and there is hereby levied and assessed or reassessed against each and every tract of land described therein an assessment in the amounts respectively therein abating water, sewer, storm water , refuse, grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on October 31, 2008; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to deliver said assessment or reassessment roll to the Auditor of Hennepin County for collection of the assessment in the same manner as other municipal taxes are collected and payment thereof enforced with interest from the date of this resolution at the rate of five point eight five percent (5.85 %) per annum. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk Meeting Date: October 20, 2008 Agenda Item #: 6c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2009 Budget and Property Owner Service Charges for Special Service District No. 1. RECOMMENDED ACTION: Close Public Hearing. Motion to Approve Resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD#1 budget and property owner service charge? BACKGROUND: On November 6, 2006, the City Council approved a resolution imposing a multi-year service charge for Special Service District No. 1 (this district is located along Excelsior Blvd from Quentin Ave to Hwy 100 and along Park Center Blvd and Monterey Drive). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2009 budget and service charges by ballot following their September 12, 2008 meeting. The notice of public hearing was published in the Sun Sailor on October 2 and October 9, 2008. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 1 Financial Position: As of October 1, 2008 Special Service District No. 1 had an anticipated year-end fund balance of approximately $ 74,804 Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget. Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2009 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2009 budget amount of $126,592, same as 2008; and • 2009 service charge amount of $126,592, an increase of $63,296 from 2008. Meeting of October 20, 2008 (Item No. 6c) Page 2 Subject: 2009 Budget and Property Owner Service Charges for Special Service District #1 FINANCIAL OR BUDGET CONSIDERATION: The Facilities Maintenance Division incurs service charges within this district for the property located at 3700 Monterey Drive (Recreation Center/Wolfe Park). The proposed service charge for 2009 is $32,674. VISION CONSIDERATION: Not applicable. Attachments: 2009 Proposed Budget Resolution with Attachment A 2009 Proposed Service Charges Prepared by: Ann Boettcher, Administrative Supervisor Reviewed by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 6c) Page 3 Subject: 2009 Budget and Property Owner Service Charges for Special Service District #1 CITY OF ST. LOUIS PARK Special Service District No. 1 2009 Budget No. Item 2008 Revised Budget 2009 Proposed Budget 6212 GENERAL SUPPLIES 1,200 1,200 6224 LANDSCAPING MATERIALS 9,000 9,000 6223.650 BANNER REPLACEMENT 4,680 0 6410 GENERAL PROFFESSIONAL SERVICES 29 29 6410.678 SSD Mgmt Services 4,500 4,500 6630.772 SSD – Snow Removal 54,000 56,193 6630.773 SSD - Site Maintenance 5,660 5,660 6630.774 SSD – Banner Install/Removal 0 2,500 6630.775 SSD – Irrigation Service 5,000 5,000 6630.776 SSD – Decorative Install 7,500 7,500 6630.777 SSD – Landscape Service 28,500 28,500 6950 LEGAL NOTICES 110 110 7106 PUBLIC LIABILITY INSURANCE 413 400 7207.880 SSD Infrastructure Repair 4,000 4,000 7301.890 SSD Pedestrian 2,000 2,000 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 126,412 126,592 Meeting of October 20, 2008 (Item No. 6c) Page 4 Subject: 2009 Budget and Property Owner Service Charges for Special Service District #1 RESOLUTION NO. 08-____ RESOLUTION APPROVING 2009 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT No. 1 WHEREAS, pursuant to Ordinance No. 2067-96, the City Council created Special Service District No. 1 (the “District”) . The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolution No. 06-167, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2009 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 06-167, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 06-167, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 28, 2008. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2009 Budget for Special Service District No. 1 of $126,592 is hereby approved as recommended by the Special Service District No. 1 Advisory Board. 2. The authorized 2009 Service Charge for Special Service District No. 1 is $126,592 in the amounts and against the properties specified on Attachment “A” to this Resolution. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk Meeting Date: October 20, 2008 Agenda Item #: 6d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018. RECOMMENDED ACTION: Close Public Hearing. Motion to Approve Resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD#2 budget and property owner service charge? BACKGROUND: On December 1, 1997, the City Council approved a resolution imposing a service charge for Special Service District No. 2 (this district is located along Excelsior Blvd. from Monterey Drive/38th St. to France Ave.). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2009 budget and service charges by ballot following their September 12, 2008 meeting. The notice of public hearing was published in the Sun Sailor on October 2 and October 9, 2007. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 2 Extension: The District’s 1998 multi-year service charge was for ten years expiring in 2008. Service District members have shown interest in extending the District beyond 2008. Staff sent a petition to each property owner to approve service charges commencing 2008 through and including 2018. As required by law, the city has received signed petitions from the owners of at least twenty-five percent (25%) or more of the land area of property and twenty-five percent (25%) or more of the net tax capacity that would be subject to the service charge. Special Service District No. 2 Financial Position: As of October 1, 2008 Special Service District No. 2 had an anticipated year-end fund balance of approximately $ 1,306. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget and thus the 2009 Budget has been increased 5% to work towards increasing the reserve. Meeting of October 20, 2008 (Item No. 6d) Page 2 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2009 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2009 budget amount of $42,240, an increase of $1991 from 2008; and • 2009 service charge amount of $42,240, an increase of $1991 from 2008. FINANCIAL OR BUDGET CONSIDERATION: The Facilities Division incurs service charges for the City owned property, within this service district, for the bus shelter located at 3929 Excelsior Blvd. The proposed fee for 2009 is $56. VISION CONSIDERATION: Not applicable. Attachments: 2009 Proposed Budget Resolution with Attachment A -- 2009 Proposed Service Charges Prepared by: Ann Boettcher, Administrative Supervisor Reviewed by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 6d) Page 3 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 CITY OF ST. LOUIS PARK Special Service District No. 2 2009 Budget No. Item 2008 Revised Budget 2009 Proposed Budget 6212 GENERAL SUPPLIES 200 200 6224 LANDSCAPING MATERIALS 3,500 3,500 6223.650 BANNER REPLACEMENT 3,720 0 6410 GENERAL PROFFESSIONAL SERVICES 50 50 6410.678 SSD Mgmt Services 2,000 2,000 6630.772 SSD – Snow Removal 0 0 6630.773 SSD - Site Maintenance 800 2,800 6630.774 SSD – Banner Install/Removal 0 1,000 6630.775 SSD – Irrigation Service 2,800 2,800 6630.776 SSD – Decorative Install 5,700 5,700 6630.777 SSD – Landscape Service 17,500 18,200 6950 LEGAL NOTICES 110 110 7106 PUBLIC LIABILITY INSURANCE 119 130 7207.880 SSD Infrastructure Repair 2,000 4,000 7301.890 SSD Pedestrian 1,750 1,750 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 40,249 42,240 Meeting of October 20, 2008 (Item No. 6d) Page 4 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 RESOLUTION NO. 08-____ RESOLUTION APPROVING 2009 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 2 BE IT RESOLVED by the City Council of St. Louis Park, Minnesota, as follows: Section 1. Recitals: Findings. 1.01 In 1998, pursuant to Ordinance No. 2093-97, the City created a special service district for certain property located adjacent to Excelsior Boulevard within an area approximately bounded by France Avenue westerly to Monterey Drive The specific properties included within this area are identified on Exhibit “A” attached hereto and generally depicted on Exhibit “B” hereto and the right- of-way adjacent thereto (the “District”). The City by Resolution 97-165 also adopted a multi-year service charge through and including the year 2008. 1.02 The City has received a petition to impose a new multi-year service charge for 2009 and through and including the year 2018 from the owners of property within the District (the "Petition"). 1.03 The City Council has determined each of the following: (a) the owners of at least twenty-five percent (25%) or more of the land area within the District have signed the Petition; (b) at least twenty-five percent (25%) of the individuals or business organizations subject to the proposed service charge have signed the Petition; (c) only owners of property located within the District have signed the Petition; (d) only owners of property classified under Minnesota Statutes, Section 273.13 as commercial, industrial, or public utility purposes, or that is vacant land zoned or designated on a land use plan for commercial, industrial, or public utility purposes, have signed the Petition; and (e) notice of a public hearing has been given and a public hearing has been held. Section 2. Adoption of 2009 Budget 2.01 2009 Budget. The 2009 Budget for Special Service District No. 2 of $42,240 is hereby approved as recommended by the Special Service District No. 2 Advisory Board. Meeting of October 20, 2008 (Item No. 6d) Page 5 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 2.02 Authorized 2009 Service Charge. The authorized 2009 Service Charge for Special Service District No. 2 is $42,240 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Section 3. Imposition of Service Charge. 3.01 Amount of Service Charge. There is hereby imposed a service charge in the amounts and against the properties specified on Exhibit "C" attached hereto (the "Service Charge"). 3.02 Multi-year Service Charge. The Service Charge imposed by this resolution is a charge for more than one year. The Service Charge will remain in effect through and including the year 2016 for taxes payable in said year. Exhibit "C" specifies the maximum cost of any improvement to be paid for in whole or in part by the Service Charge, if any; the maximum cost of operating and maintaining the improvements during the first year and upon completion of the improvements; the proposed method and source of financing the improvements; and the maximum cost of operating and maintaining the improvements. The maximum service charge imposed in any year will be adjusted as provided in Section 3.04. 3.03 Calculation of Service Charge. The Service Charge for services related to the removal of snow and ice shall be distributed based upon the front feet of sidewalk for each parcel in the District. The Service Charge for all other costs shall be distributed based upon the area (square feet) of each parcel within the District and subject to the Service Charge. 3.04 Inflation Adjuster. The maximum service charge to be imposed in any year (the "Current Year") will increase from the maximum authorized budgeted amount for the year immediately preceding the Current Year (the "Prior Year") based upon the following: The Consumer Price Index (All Items) for the Minneapolis/St. Paul Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published for the date nearest the commencement of the Current Year (the "Current Year Index"), shall be compared with the Index published for the date nearest the commencement of the Prior Year (the "Prior Year Index"). If the Current Year Index has increased over the Prior Year Index, the Service Charge shall be increased by multiplying the Service Charge by a fraction, the numerator of which is the Current Year Index and the denominator of which is the Prior Year Index. If the Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. Notwithstanding increases in the Index of greater than five percent (5%), the Service Charge shall not increase from any Prior Year to any Current Year by an amount greater than five percent (5%) of the Prior Year's Service Charge. Meeting of October 20, 2008 (Item No. 6d) Page 6 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 3.05 Distribution of Total Service Charge. The distribution of the total Service Charge among properties within the District and subject to the Service Charge may vary and shall be recalculated pursuant to the formula specified in Section 3.03 if and to the extent that: (i) the front footage of sidewalks constructed on such properties increases or decreases; or (ii) a parcel increases or decreases in size by acquisition or sale. Section 4. Collection of Service Charges. 4.01 Collection. The Services Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes. For purposes of determining the appropriate tax rate, taxable property or net tax capacity shall be determined without regard to captured or original net tax capacity under Minnesota Statutes, Section 469.177 or to the distribution or contribution value under Minnesota Statutes, Section 473F.08. 4.02 Penalty and Interest. Service Charges made payable in the same manner as provided for payment and collection of ad valorem taxes, if not paid on or before the applicable due date, shall be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the respective date. 4.03 Due Date. The due date for the Service Charge payable in the same manner as ad valorem taxes is the due date given in law for the real or personal property tax for the property on which the service charge is imposed. Service Charges imposed on net tax capacity which are to become payable in the following year must be certified to the County Auditor by the date provided in Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment installments. Section 5. Revenue Surplus. To the extent that the total of Service Charges collected exceed the cost of services rendered within the District, at the election of the City, either: (i) such excess amount shall be held as a reserve to pay the cost of future services provided under this resolution; or (ii) the next year's levy of taxes and service charges shall be decreased by a corresponding amount. Section 6. Recording. The City may record this Resolution against parcels located within the District and subject to the Service Charge for the purpose of providing notice of the Service Charge to prospective purchasers of such parcels. Meeting of October 20, 2008 (Item No. 6d) Page 7 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 Section 7. Effective Date. This Resolution shall be effective on the forty-fifth (45th) day following adoption, which effective date shall be December 4, 2008. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk Meeting of October 20, 2008 (Item No. 6d) Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2Page 8 Meeting of October 20, 2008 (Item No. 6d) Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 2 Page 9 Meeting Date: October 20, 2008 Agenda Item #: 6e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2009 Budget and Property Owner Service Charges for Special Service District No. 3 RECOMMENDED ACTION: Close Public Hearing. Motion to approve resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD#3 budget and property owner service charge? BACKGROUND: On April 15, 2002, the City Council approved a resolution imposing a service charge for Special Service District No. 3 (located along Excelsior Blvd. from Quentin Avenue to Monterey Drive/38th St.). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2009 budget and service charges by ballot following their September 12, 2008 meeting. The notice of public hearing was published in the Sun Sailor on October 2 and October 9, 2008. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 3 Financial Position: As of October 1, 2008 Special Service District No. 3 had an anticipated year-end fund balance of approximately $ 29,519. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget. Given the health of the fund balance, for 2009 a portion of the fund balance is proposed to be used to fund the operations of the District (see below). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2009 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2009 budget amount of $63,000, an increase of $898 from 2008; and • 2009 service charge amount of $34,650, an increase of $3,599 from 2008. Meeting of October 20, 2008 (Item No. 6e) Page 2 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 3 FINANCIAL OR BUDGET CONSIDERATION: The City incurs service charges for the property, within this district, located at 4760 Excelsior Blvd., which is undeveloped and owned by the St. Louis Park Economic Development Authority. The proposed fee for 2009 is $755. VISION CONSIDERATION: Not applicable. Attachments: 2009 Proposed Budget Resolution with Attachment A 2009 Proposed Service Charges Prepared by: Ann Boettcher, Administrative Supervisor Reviewed by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 6e) Page 3 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 3 CITY OF ST. LOUIS PARK Special Service District No. 3 2009 Budget No. Item 2008 Revised Budget 2009 Proposed Budget 6212 GENERAL SUPPLIES 500 500 6224 LANDSCAPING MATERIALS 2,300 4,300 6223.650 BANNER REPLACEMENT 3,600 0 6410 GENERAL PROFFESSIONAL SERVICES 50 50 6410.678 SSD Mgmt Services 2,500 2,500 6630.772 SSD – Snow Removal 34,500 34,500 6630.773 SSD - Site Maintenance 1,000 1,000 6630.774 SSD – Banner Install/Removal 0 1,000 6630.775 SSD – Irrigation Service 3,000 3,000 6630.776 SSD – Decorative Install 2,400 2,400 6630.777 SSD – Landscape Service 9,000 10,500 6950 LEGAL NOTICES 110 110 7106 PUBLIC LIABILITY INSURANCE 202 200 7207.880 SSD Infrastructure Repair 0 0 7301.890 SSD Pedestrian 1,940 1,940 7302 GARBAGE/REFUSE SERVICE 0 0 TOTAL EXPENDITURES 62,102 63,000 Meeting of October 20, 2008 (Item No. 6e) Page 4 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 3 RESOLUTION NO. 08-____ RESOLUTION APPROVING 2009 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 3 WHEREAS, pursuant to Ordinance No. 2224-02, the City Council created Special Service District No. 3 (the “District”). The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolution No. 02-043, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2012 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 02-043, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 02-043, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 28, 2008. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2009 Budget for Special Service District No. 3 of $63,000 is hereby approved as recommended by the Special Service District No. 3 Advisory Board. 2. The authorized 2009 Service Charge for Special Service District No. 3 is $34,650 in the amounts and against the properties specified on Exhibit “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk Meeting of October 20, 2008 (Item No. 6e) Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 3 Page 5 Meeting Date: October 20, 2008 Agenda Item #: 6f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2009 Budget and Property Owner Service Charges for Special Service District No. 4. RECOMMENDED ACTION: Close Public Hearing. Motion to approve resolution setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD#4 budget and property owner service charge? BACKGROUND: On July 18, 2005, the City Council approved a resolution imposing a service charge for Special Service District No. 4. (located along Excelsior Blvd west of Hwy 100). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Advisory Board approved the proposed 2009 budget and service charges by ballot following their September 12, 2008 meeting. The notice of public hearing was published in the Sun Sailor on October 2 and October 9, 2008. The public hearing notice was sent to all property owners within the District more than ten (10) days prior to the public hearing. Special Service District No. 4 Financial Position: As of October 1, 2008 Special Service District No. 4 had an anticipated year-end fund balance of approximately $ 17,196. Staff and the Advisory Board have agreed that the operating reserve should be maintained at a level of at least 50% of the annual operating budget. Given the health of the fund balance, for 2009 a portion of the fund balance is proposed to be used to fund the operations of the District (see below). Maximum Budget / Service Charge Restriction Parameters: The budget and service charge/ special assessment do not have to be the same dollar amount since excess operating reserves may be used in some years. By ordinance, the maximum budget increase cannot exceed the previous year’s authorized budget amount by more than the Consumer Price Index (CPI) increase, up to a maximum of 5%. This adjustment is based upon the applicable CPI percentage increase for the Minneapolis/St. Paul metropolitan area. Proposed 2009 Budget and Service Charges: The Advisory Board recommended approval of the following: • 2009 budget amount of $38,100, an increase of $73 from 2008; and • 2009 service charge amount of $18,000, a decrease of $20,027 from 2008. Meeting of October 20, 2008 (Item No. 6f) Page 2 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 4 FINANCIAL OR BUDGET CONSIDERATION: The City incurs service charges for the City Municipal Parking Lot within this district, located on Excelsior Blvd. The proposed fee for 2009 is $526. VISION CONSIDERATION: Not applicable. Attachments: 2009 Proposed Budget Resolution with Attachment A 2009 Proposed Service Charges Prepared by: Ann Boettcher, Administrative Supervisor Reviewed by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 6f) Page 3 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 4 CITY OF ST. LOUIS PARK Special Service District No. 4 2009 Budget No. Item 2008 Revised Budget 2009 Proposed Budget 6212 GENERAL SUPPLIES 1,000 1,000 6224 LANDSCAPING MATERIALS 2,700 2,700 6223.650 BANNER REPLACEMENT 0 0 6410 GENERAL PROFFESSIONAL SERVICES 50 50 6410.678 SSD Mgmt Services 2,500 2,500 6630.772 SSD – Snow Removal 0 0 6630.773 SSD - Site Maintenance 2,000 2,000 6630.774 SSD – Banner Install/Removal 1,500 1,500 6630.775 SSD – Irrigation Service 5,000 5,000 6630.776 SSD – Decorative Install 3,500 3,500 6630.777 SSD – Landscape Service 16,000 16,000 6950 LEGAL NOTICES 50 50 7106 PUBLIC LIABILITY INSURANCE 127 200 7207.880 SSD Infrastructure Repair 1,500 1,500 7301.890 SSD Pedestrian 1,750 1,750 7302 GARBAGE/REFUSE SERVICE 350 350 TOTAL EXPENDITURES 38,027 38,100 Meeting of October 20, 2008 (Item No. 6f) Page 4 Subject: 2009 Budget and Property Owner Service Charges for Special Service District No. 4 RESOLUTION NO. 08-____ RESOLUTION APPROVING 2009 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 4 WHEREAS, pursuant to Ordinance No. 2298.05, the City Council created Special Service District No. 4 (the “District”). The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolution No. 05-100, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2012 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 05-100, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 05-100, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by November 28, 2008. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2009 Budget for Special Service District No. 4 of $38,100 is hereby approved as recommended by the Special Service District No. 4 Advisory Board. 2. The authorized 2009 Service Charge for Special Service District No. 4 is $18,000 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk Meeting Date: October 20, 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: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing. RECOMMENDED ACTION: Motion to Adopt First Reading of Ordinance amending Section 6-179 and several sections in Chapter 8 relating to Business and Contractor Licensing and set second reading for November 3, 2008. POLICY CONSIDERATION: ƒ Does the Council agree with the proposed revisions to amendments to Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing? ƒ Does the Council wish to direct staff to insert the proposed fee adjustments and new fees outlined in this report into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008? BACKGROUND: Staff is proposing amendments to the City Code for provisions related to business licenses, mechanical and tree maintenance contractors, payment of taxes, food and beverage licenses, massage therapy licenses and rental licensing. In some sections, new fees or fee revisions are discussed by section. The new and proposed fees are italicized in the report. Licenses Division 1. Generally Sec. 8-36 In the case of a license suspension or revocation, the proposed amendment to this section of the Ordinance would require license applicants to complete a new license application, payment of the current license fee, and a minimum a pre-determined fee. The time and resulting costs incurred by the city can be substantial when a license holder’s actions lead to suspension or revocation. If an applicant requests the reinstatement of a license, the cost incurred during the process will be more clearly defined and easily recouped. Specifying an amount in the fee appendix also gives us the opportunity to inform the license holder during a suspension or revocation process what the implications will be. The proposed $250 fee for the license reinstatement fee is a new fee. Staff recommends that this new fee be inserted into the second reading of the 2009 Fee Schedule Appendix A on November, 3, 2008. Classification of food and beverage establishments and food Meeting of October 20, 2008 (Item No. 8a) Page 2 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Class E Food License: A school system is unique in having multiple food preparation and distribution sites operating as a single entity. The proposal establishes a Class E food license and corresponding fee category which would apply to Multi-site educational facilities with food and beverage service. Establishments meeting the criteria will be required to complete only one application for all sites with a fee to reflect the cost of service being provided at their facilities. This will simplify the license process for the applicant and city without changing the food inspection program we follow under the MDH delegation agreement. Making this change in the classification should make it easier for multi-site educational facilities to apply for one license and they should see a reduction in the fee using this method. The proposed fee for this new license is $2,800. Staff recommends that this new fee be inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Catering Vehicle Decal: Vehicles used for catering by restaurants or catering services need to be inspected and identified that they meet the MDH Food Code requirements since they often cross city boundaries. Establishing a requirement for each catering vehicle inspection and annual license decal with fee will enable Health Inspectors to know which vehicle have been inspected and may be used for food catering. The new decal fee, proposed to be $75, will reflect the cost of completing the annual inspection of the vehicle. Staff recommends that this new fee be inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Massage Therapy Establishments Sec. 8-297 Health and sanitation requirements necessary for the physical space to properly operate a licensed massage therapy establishment are currently not specified. Establishing minimum requirements for cleaning, lighting, hand washing, and sanitation as a condition of licensing provides consistent standards. The requirements would become effective for all establishments with the next licensing period and should not create a hardship. Currently a business license to operate a massage therapy establishment may now be issued to someone with a criminal background in related illegal activities. The ordinance will require applicants to provide a copy of their current government issued identification, complete an application addendum, and a background check will be completed by the Police Department. This is an important component to help ensure that legitimate massage establishments, either as part of a medical office or stand alone business, are able to provide legitimate health services in the community. Meeting of October 20, 2008 (Item No. 8a) Page 3 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Mechanical Contractor Sec. 8-112. Exemptions The proposed amendment to this ordinance would provide an additional exemption to Mechanical Contractor licensing requirements for replacement or re-connection of a gas stove or gas clothes dryer. This type of work is relatively simple without the need for installation of new gas piping. This change will allow the work to be completed by plumbers or appliance stores providing delivery and installation services in addition to homeowners who are currently exempt. Permit requirements in the Minnesota State Construction Code would not be effected. Tree Maintenance Contactor Sec. 8-161 through 8-165. The proposed amendment to this ordinance is intended to clarify the language and scope of contractors. Added conditions include: • Proof that at least one employee for the company is a Certified Arborist at the time of application. • Tree services performed will be required to meet the ANSI standard. These proposed changes would keep the program current with industry practice and help ensure that licensed contractors are performing acceptable work within the community. Payment of Taxes on Licensed Premises Sec. 8-188. The proposed amendment to this ordinance for license holders that repeatedly fail to submit payment of property taxes would reduce the notice of pending license suspension for non-payment of property taxes from 30 days to 10 days on repeat violations within two years. This provides a clear message to the license holder that property taxes must be paid when due and the appeals process for a violation will not be available as a tool for extending the time for payment before license suspension action is taken on repeat violations. During the study session discussion on July 14, 2008, Council directed the city attorney and staff to develop an ordinance modifying the business licensing of non-owner occupied homes. This coincided with staff review of our property maintenance, business, and contractor licensing programs. Several years have passed since re-codification of the City Code occurred, establishing most of the current language. Experience has revealed some modifications which would be helpful to improve effectiveness of the programs. The proposed revisions and discussion are as follows: Certificate of Property Maintenance Sec. 6-179. The proposed amendment to this ordinance would allow a seller to request a one-year extension of the certificate if the property has not sold within one year from initial certificate issue date. For condominiums, the proposal would make the initial certificate valid for property transactions for two years. Real estate market conditions mean some properties are on the market for longer than one year, currently requiring the seller to re-start the application and inspection process. Allowing the certificate to be extended with a minimal fee and quick re-inspection, to verify building changes have not occurred, will streamline the process. A two-year expiration period for certificates issued to condominium owners should not create any issues since interior condition does not change quickly. Meeting of October 20, 2008 (Item No. 8a) Page 4 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing These changes should help accommodate real estate trends while continuing to provide the intended benefits of the program. The proposed $50 fee for extending the certificate of property maintenance is a new fee. Staff recommends that this new fee be inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Rental Licensing Sec. 8-326 During the study session discussion on July 14, 2008, Council directed the city attorney and staff to develop an ordinance modifying the business licensing of non-owner occupied homes. This coincided with staff review of our property maintenance, business, and contractor licensing programs. Several years have passed since re-codification of the City Code occurred, establishing most of the current language. Experience has revealed some modifications which would be helpful to improve effectiveness of the programs. The proposed revisions and discussion are as follows: Two significant program changes to rental licensing include: • Deleting the exemption of townhomes and condominium dwelling units from the rental licensing requirements. • Extend the rental licensing program to include vacant properties. Townhomes and Condominium/Cooperative Dwelling Units Over the past few years several incidents at rental townhomes and condominium dwelling units have occurred requiring Environmental Health and Police involvement. Complaints regarding renter living conditions, unit condition (i.e. odor, trash) effecting neighbors, and crime/drug and disorderly use violations justify including all rental units within the program. Townhomes and condominium/cooperative dwelling units have similar issues as other rental properties and should be subject to the property maintenance programs including the Crime Free/Drug Free components. An estimated 200-600 additional rental units would be licensed by this change. The additional license fee revenue would allow staffing resources if needed to accommodate the additional work. As part of the public process, 3,000+ letters were mailed to all townhome and condominium/cooperative property owners informing them of the proposed amendment and inviting them to attend a public informational meeting. The meetings were held at City Hall, Tuesday, September 23rd at 7 p.m. and Wednesday, September 24th at 10:00 a.m. A total of 20 people attended the meeting. Of the comments received, three people were not in favor of the rental licensing; many others were either neutral or supported the proposal. Of those supporting the proposal were some association board members who appreciated the inclusion of townhomes and condominiums/cooperatives into the rental program. The proposed new fee is $70 per condominium/cooperative unit. Staff recommends that this new fee be inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Meeting of October 20, 2008 (Item No. 8a) Page 5 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Vacant Properties The Foreclosure Property Group discussed creating some form of a vacant housing program or registration. While the city has not experienced the high rate of foreclosures as other cities have, it was decided to begin looking at procedures to better identify distressed properties to proactively ensure maintenance. The proposed amendment eliminating the word “occupied” from the definition under our rental licensing ordinance would require the vacant property to be licensed and therefore subject to inspection. The standard annual license fee would apply. As part of this report, fees for current rental licenses are being proposed to increase in 2009 as follows: • Single Family Unit $85 $90 • Duplexes both sides non-owner occupied $135 $140 • Multi-Family – Per building $145 $150 Per unit $9 $9.25 Staff recommends that the revised rental license fees be inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. FINANCIAL OR BUDGET CONSIDERATION: Modifications to our licensing program will have a budget neutral effect. Any increase costs incurred by the City would be recovered through establishing licensing fees. Licensing fees outlined in this report will be included with the second reading of the proposed 2009 Fee Appendix. VISION CONSIDERATION: Not applicable. Attachments: Overview of Proposed Amendments – showing changes Proposed Ordinance Prepared by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 8a) Page 6 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Overview of Proposed Amendments – showing changes Article VI. Certificate of Property Maintenance Sec. 6-179. Compliance; expiration. (a) When the property use is legal in accordance with city zoning requirements and the property complies with all applicable building, fire, health and property maintenance codes, a Certificate of Property Maintenance will be issued by the city. (b) A Certificate of Property Maintenance authorizes the transfer of property for a period of one year from the date of issue, and two years for individual units in multi-family residential buildings. The Certificate of Property Maintenance may only be used for property transfer by the owner named on the Certificate of Property Maintenance or the owner's legal representative. (c) A one year extension of the Certificate of Property Maintenance may be issued following a re- inspection of the property and payment of a fee. Such fee shall be set from time to time by the city and a schedule of such fees listed in appendix A to this Code. Article II. Licenses Division 1. Generally Sec. 8-36. Refusal, suspension, revocation and reinstatement. Except as otherwise provided in this chapter, the city may refuse, suspend, revoke and reinstate any license under this chapter as follows: (1) The city may refuse to grant a license or license renewal and may suspend or revoke any license at any time, for any reasonable cause, including failure of an applicant or licensee to comply with provisions of this Code or other applicable federal, state or local laws or regulations. (2) Any applicant, within ten days of notice of denial, suspension or revocation of a license, may request in writing an administrative hearing before the city manager. The city manager shall promptly issue a written decision in the matter. The city manager's decision may be appealed to the city council by filing a written appeal to the city clerk within ten days of receiving written notice of the city manager's decision. Meeting of October 20, 2008 (Item No. 8a) Page 7 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (3) The city council may appoint a committee of the city council or an independent hearing officer to hear the matter, report findings of fact and a recommendation of disposition to the city council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in such person's behalf. At the conclusion of the hearing, the city council shall make a final decision. (4) If a license is reinstated following suspension or revocation, the city may require the applicant shall complete a new license application, and pay payment of the city's costs as a condition of reinstatement of the license a reinstatement fee in addition to the current license fee. Such fees shall be set from time to time by the city. As a further condition of reinstatement, the licensee shall reimburse the city for all law enforcement costs, legal fees, investigations, inspections or other professional fees incurred due to the licensee’s violation of applicable laws, ordinances, regulations and conditions of the license. law enforcement costs, legal fees, investigations, inspections or other professional fees incurred due to the licensee's violation of applicable laws, ordinances, regulations and conditions of the license. Subdivision III. Mechanical Contractor Sec. 8-112. Exemptions. The following persons are exempt from the licensing requirements of this subdivision: (1) The owner-occupant of a one-family or two-family dwelling who is working on the owner- occupant's own dwelling. (2) Persons installing or working on process piping regulated under the state mechanical code. (3) Persons replacing or reconnecting gas stoves and clothes dryers to existing gas piping when not altering the existing gas piping. Subdivision V. Tree Servicing, Maintenance and Removal Contractor Sec. 8-161. License required. Any person or company engaging in a business that maintains removes or treats trees within the city must obtain a tree servicing, maintenance and removal contractor's license from the city. Meeting of October 20, 2008 (Item No. 8a) Page 8 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Sec. 8-162. Application. The applicant for a tree servicing, maintenance and removal contractor's license must submit a completed application, provide proof of insurance and workers' compensation, a list of all vehicles which will be operating within the city, including license plate numbers and in-house vehicle identification numbers for such vehicles, and provide proof that at least one employee of the applicant is currently recognized by the International Society of Arboriculture (ISA) as a Certified Arborist at the time of the license application or renewal. Throughout the license term, the licensee must notify the city of any additional vehicles which will be operating within the city under the tree servicing, maintenance and removal contractor's license. Tree services must comply with American National Standards Institute (ANSI) Standard A300 when pruning or otherwise servicing trees on public or private property. (Ord. No. 2181-00, § 4(16-205B.), 11-6-2000) Sec. 8-163. Vehicle decal. Each vehicle operating in the city under a tree servicing, maintenance and removal contractor's license must have a valid city-issued decal identifying the licensed contractor affixed in a visible location to such vehicle. (Ord. No. 2181-00, § 4(16-205C.), 11-6-2000) Sec. 8-164. Additional insurance required. The tree service, maintenance and removal contractor shall provide proof of automobile insurance through the term of the license, including coverage for all owned and hired vehicles used for tree service, maintenance and removal solid waste collection within the city. Limits of liability insurance should be for not less than the amount that shall be set from time to time by the city and a schedule of such insurance rates is listed in appendix A to this Code. The policy of insurance shall provide full insurance to cover all of the tree servicing, maintenance and removal contractor's operating exposure, including, but not limited to, the picking up of the materials and the operation of vehicles. (Ord. No. 2181-00, § 4(16-205D.), 11-6-2000) Sec. 8-165. Chemical treatment services. If the applicant for a tree servicing, maintenance and removal contractor's license also provides chemical treatment services for trees, a copy of the applicant's Minnesota state Department of Agriculture commercial pesticide applicator license must accompany the license application. Meeting of October 20, 2008 (Item No. 8a) Page 9 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing DIVISION 3. BUSINESSES Subdivision I. In General Sec. 8-188. Payment of taxes on licensed premises. (a) Any and all real estate taxes or special assessments levied against the property for which a license application is made under this division must be current before such license is issued or renewed. (b) Upon receipt of evidence that such taxes or special assessments levied against any such premises have become delinquent during the term of a license under this division, the city manager shall notify the licensee of the delinquency and that all licenses issued for the premises shall be suspended 30 days after date of the notice unless such taxes and special assessments are paid and the county treasurer's receipt of such payment is delivered to the city manager. The license will remain suspended and all licensed activity must cease until such time that the taxes and special assessments are paid in full. (c) The reinstatement of a license upon payment of delinquent taxes and assessments is conditioned upon the taxes and assessments being paid on time for the two year period following reinstatement. If this condition is not met and the taxes remain unpaid after the licensee receives a ten day notice of the delinquency from the city manager or designee, the license shall be considered revoked effective immediately. The revocation shall be final. The provisions of Section 8-36 relating to an administrative hearing and appeal to the city council shall not apply. No new business license for the same activity or to the same licensee shall be issued for a period of one year. Sec. 8-257. Classification of food and beverage establishments and food vending machines. The city will classify each food and beverage establishment and food vending machine based on the use occurring, in accordance with the food code, into one of the following categories before a license is issued: (1) Class H plus--Multiple use license permitting three or more uses of any risk class to operate. (2) Class H--High risk use license permitting up to two high risk uses or a single high risk use with a single low or medium risk use. (3) Class M--Medium risk use license permitting a single medium risk use. (4) Class L--Low risk use license permitting a single low risk use. Meeting of October 20, 2008 (Item No. 8a) Page 10 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (5) Class V--Food vending machines. (6) Class S –Seasonal concession with low or medium risk. (7) Class E – Multi-site educational facilities – Educational facility with multiple locations within the city. (8) Catering Vehicle Decal –Each vehicle used to transport food from a licensed facility must have a valid city issued decal. Subdivision VI. Therapeutic Massage Therapy Establishments Sec. 8-296. License required. No person shall engage in the business of operating a therapeutic massage therapy establishment either exclusively or in connection with any other business enterprise without first obtaining a therapeutic massage therapy establishment license from the city. Sec. 8-297. Regulations adopted. (a) Each licensed therapeutic massage therapy establishment in the city shall be constructed and maintained in compliance with the health, safety and building regulations of the city, and all state laws, rules and regulations, including but not limited to the following: 1.) Walls, floors and ceilings must be smooth, clean and in good repair. Low nap carpeting is permitted provided it is kept clean and without wear or tear. 2.) Massage rooms must be equipped with lighting capable of illuminating horizontal surfaces with a minimum intensity of 50 foot candles to facilitate room cleaning. 3.) Massage rooms must be equipped with mechanical air ventilation or an exhaust fan. 4.) A hot and cold water hand washing sink or an NSF approved portable hand sink with soap and hand drying by mechanical or disposable towel is required in the therapeutic massage area. Use of a public bathroom or janitor’s sink is not allowed. (b) No customer or patron of a therapeutic massage therapy establishment shall be allowed to enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No customer or patron of a therapeutic massage therapy establishment shall be allowed to remain upon the licensed premises after 9:15 p.m. and before 8:00 a.m. daily. Such restrictions on hours shall not apply where the massage therapy is provided within a health/sports establishment, and in such case, the hours for massage therapy must coincide with the health/sports establishment's hours of operation. (c) During any hours in which any person is present on the licensed premises of a therapeutic massage therapy establishment, such therapeutic massage therapy establishment shall be open to inspection by city inspectors and police officers. Upon demand by any police officer, all persons engaged in providing services in any therapeutic massage therapy establishment licensed premises shall identify themselves, giving their true legal name and correct address. Meeting of October 20, 2008 (Item No. 8a) Page 11 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (d) The applicant for a new license will be required to provide a copy of a current government issued identification and complete a license application addendum authorizing a background check to be completed by the Police Department. Subdivision VIII. Rental Housing Sec. 8-326. License required. (a) The owner of a residential building or portion thereof operated as rental housing with one or more dwelling units must obtain a rental housing license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. (b) The term “rental housing” means any occupied dwelling or dwelling unit that is not owner occupied. The term includes any dwelling or dwelling unit which is either unoccupied or occupied by a relative of the owner. (c) Exceptions. No license shall be required under the following circumstances: (1) A single family dwelling, single dwelling unit of a duplex, or condominium, or townhouse, occupied by the dwelling owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. (3) Rented dwelling units that are part of a condominium or townhouse association. Unoccupied dwelling units being offered for sale which have been issued a Certificate of Property Maintenance that remains in effect. (d) The term “Owner” means the owner as determined by an examination of record title to the property at the office of the Hennepin County Recorder. Sec. 8-327. Required Application Information. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. Contact information for the owner and property manager must be provided on the license application, and the owner must provide the city with any changes occurring within the license period. The owner may be the designated property manager. The owner must submit verification with the license application that the designated property manager has attended required training as specified in this section and that the Crime Free/Drug Free and Disorderly Use language required by this section is contained in the licensed property tenant lease or leases. Meeting of October 20, 2008 (Item No. 8a) Page 12 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (Ord. No. 2334-07, 08-10-2007) Sec. 8-328. Crime Free/Drug Free Training. The owner or property manager must have attended an approved training program in The Minnesota Crime Free Multi-Housing Program before any rental license is issued. A Provisional License may be issued for six months to accommodate the training schedule. An owner whose only rental housing is either unoccupied or a single family dwelling unit homesteaded by a relative is exempted from the training program. (Ord. No. 2334-07, 08-10-2007) Sec. 8-329. Maintenance. The owner of a residential building or portion thereof operated as rental housing must maintain all units, common space and exteriors of such buildings within the owner’s control in compliance with the City Code, and state and federal laws and regulations. The owner of such rental housing shall perform a periodic assessment of all portions of the building and correct any inadequacies to ensure the building is maintained in good repair. (Ord. No. 2334-07, 08-10-2007) Sec. 8-330. City Inspections. (a) The owner of rental housing shall permit access by the City to perform a minimum of one inspection every two years of the common space and every dwelling unit and common space within the owner’s control. The City may perform or require additional inspections if deemed necessary by the City or by the request of a tenant. The owner shall notify the tenant or tenants of the time when the City inspection will be conducted and provide access to the units. (b) The owner’s rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 6, article V of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. (Ord. No. 2334-07, 08-10-2007) Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements. (a) All tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following Crime Free/Drug Free and Disorderly Use language: Meeting of October 20, 2008 (Item No. 8a) Page 13 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (1) Crime Free/Drug Free. 1. Resident, any members of the resident’s household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug-related criminal activity, on or near the premises. 2. Resident, any member of the resident’s household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises. 3. Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. 4. Resident, any member of the resident’s household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. 5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (2) Disorderly Use. 1. Resident, members of the resident’s household, guests, or other persons under the resident’s control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and violation of the St. Louis Park City Code relating to zoning, nuisance and prohibited noise. 2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. (3) Definitions. 1. The term “criminal activity” means prostitution, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. Meeting of October 20, 2008 (Item No. 8a) Page 14 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing 2. The term “drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (b) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (c) Upon determination by the Police Department that a licensed premises or unit within a licensed premise was used in violation of the Crime Free/Drug Free provisions of Subsection (a) (1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (d) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further Disorderly Use violations. (e) If a second Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use violations. (f) If a third Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. Meeting of October 20, 2008 (Item No. 8a) Page 15 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (g) The provisions of Subsections (c), (d), (e), and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term “domestic abuse” has the meaning given in Minn. Stat. § 518B.01, subd. 2. Sec. 8-332. Administrative License Violation Fee. An owner failing to proceed with an action to terminate the tenancy after Police Department notification in accordance with a Crime Free/Drug Free violation or the third Disorderly Use violation shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. Meeting of October 20, 2008 (Item No. 8a) Page 16 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Ordinance shown below includes all recommended additions, deletions and changes ORDINANCE NO. _______ AN ORDINANCE RELATING TO BUSINESS AND RENTAL HOUSING LICENSING AND CERTIFICATES OF MAINTENANCE, AMENDING CHAPTERS SIX AND EIGHT OF THE ST. LOUIS PARK CODE OF ORDINANCES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 8-36 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 8-36. Refusal, suspension, revocation and reinstatement. Except as otherwise provided in this chapter, the city may refuse, suspend, revoke and reinstate any license under this chapter as follows: (1) The city may refuse to grant a license or license renewal and may suspend or revoke any license at any time, for any reasonable cause, including failure of an applicant or licensee to comply with provisions of this Code or other applicable federal, state or local laws or regulations. (2) Any applicant, within ten days of notice of denial, suspension or revocation of a license, may request in writing an administrative hearing before the city manager. The city manager shall promptly issue a written decision in the matter. The city manager's decision may be appealed to the city council by filing a written appeal to the city clerk within ten days of receiving written notice of the city manager's decision. (3) The city council may appoint a committee of the city council or an independent hearing officer to hear the matter, report findings of fact and a recommendation of disposition to the city council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in such person's behalf. At the conclusion of the hearing, the city council shall make a final decision. (4) If a license is reinstated following suspension or revocation, the applicant shall complete a new license application, and pay a reinstatement fee in addition to the current license fee. Such fees shall be set from time to time by the city and a schedule of such fees listed in Appendix A to this Code. As a further condition of reinstatement, the licensee shall reimburse the city for all law enforcement costs, legal Meeting of October 20, 2008 (Item No. 8a) Page 17 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing fees, investigations, inspections or other professional fees incurred due to the licensee’s violation of applicable laws, ordinances, regulations and conditions of the license. Section 2. Section 8-112 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 8-112. Exemptions. The following persons are exempt from the licensing requirements of this subdivision: (1) The owner-occupant of a one-family or two-family dwelling who is working on the owner-occupant's own dwelling. (2) Persons installing or working on process piping regulated under the state mechanical code. (3) Persons replacing or reconnecting gas stoves and clothes dryers to existing gas piping when not altering the existing gas piping. Section 3. Section 8-161 through Section 8-165 of the St. Louis Park Code of Ordinances are amended to read in its entirety as follows: Subdivision V. Tree Servicing, Maintenance and Removal Contractor Sec. 8-161. License required. Any person or company engaging in a business that maintains removes or treats trees within the city must obtain a tree servicing, maintenance and removal contractor's license from the city. Sec. 8-162. Application. The applicant for a tree servicing, maintenance and removal contractor's license must submit a completed application, provide proof of insurance and workers' compensation, a list of all vehicles which will be operating within the city, including license plate numbers and in-house vehicle identification numbers for such vehicles, and provide proof that at least one employee of the applicant is currently recognized by the International Society of Arboriculture (ISA) as a Certified Arborist at the time of the license application or renewal. Throughout the license term, the licensee must notify the city of any additional vehicles which will be operating within the city under the tree servicing, maintenance and removal contractor's license. Tree services must comply with American National Standards Institute (ANSI) Standard A300 when pruning or otherwise servicing trees on public or private property. (Ord. No. 2181-00, § 4(16-205B.), 11-6-2000) Meeting of October 20, 2008 (Item No. 8a) Page 18 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Sec. 8-163. Vehicle decal. Each vehicle operating in the city under a tree servicing, maintenance and removal contractor's license must have a valid city-issued decal identifying the licensed contractor affixed in a visible location to such vehicle. (Ord. No. 2181-00, § 4(16-205C.), 11-6-2000) Sec. 8-164. Additional insurance required. The tree service, maintenance and removal contractor shall provide proof of automobile insurance through the term of the license, including coverage for all owned and hired vehicles used for tree service, maintenance and removal within the city. Limits of liability insurance should be for not less than the amount that shall be set from time to time by the city and a schedule of such insurance rates is listed in Appendix A to this Code. The policy of insurance shall provide full insurance to cover all of the tree servicing, maintenance and removal contractor's operating exposure, including, but not limited to, the picking up of the materials and the operation of vehicles. (Ord. No. 2181-00, § 4(16-205D.), 11-6-2000) Sec. 8-165. Chemical treatment services. If the applicant for a tree servicing, maintenance and removal contractor's license also provides chemical treatment services for trees, a copy of the applicant's Minnesota Department of Agriculture commercial pesticide applicator license must accompany the license application. Section 4. Section 8-188 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 8-188. Payment of taxes on licensed premises. (a) Any and all real estate taxes or special assessments levied against the property for which a license application is made under this division must be current before such license is issued or renewed. (b) Upon receipt of evidence that such taxes or special assessments levied against any such premises have become delinquent during the term of a license under this division, the city manager shall notify the licensee of the delinquency and that all licenses issued for the premises shall be suspended 30 days after date of the notice unless such taxes and special assessments are paid and the county treasurer's receipt of such payment is delivered to the city manager. The license will remain suspended and all licensed activity must cease until such time that the taxes and special assessments are paid in full. Meeting of October 20, 2008 (Item No. 8a) Page 19 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (c) The reinstatement of a license upon payment of delinquent taxes and assessments is conditioned upon the taxes and assessments being paid on time for the two year period following reinstatement. If this condition is not met and the taxes remain unpaid after the licensee receives a ten day notice of the delinquency from the city manager or designee, the license shall be considered revoked effective immediately. The revocation shall be final. The provisions of Section 8-36 relating to an administrative hearing and appeal to the city council shall not apply. No new business license for the same activity or to the same licensee shall be issued for a period of one year. Section 5. Section 8-257 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 8-257. Classification of food and beverage establishments and food vending machines. The city will classify each food and beverage establishment and food vending machine based on the use occurring, in accordance with the food code, into one of the following categories before a license is issued: (1) Class H plus--Multiple use license permitting three or more uses of any risk class to operate. (2) Class H--High risk use license permitting up to two high risk uses or a single high risk use with a single low or medium risk use. (3) Class M--Medium risk use license permitting a single medium risk use. (4) Class L--Low risk use license permitting a single low risk use. (5) Class V--Food vending machines. (6) Class S--Seasonal concession with low or medium risk. (7) Class E--Multi-site educational facilities – Educational facility with multiple locations within the city. (8) Catering Vehicle Decal--Each vehicle used to transport food from a licensed facility must have a valid city issued decal. Section 6. Sections 8-296 and 8-297 of the St. Louis Park Code of Ordinances are amended to read in its entirety as follows: Meeting of October 20, 2008 (Item No. 8a) Page 20 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Subdivision VI. Therapeutic Massage Establishments Sec. 8-296. License required. No person shall engage in the business of operating a therapeutic massage establishment either exclusively or in connection with any other business enterprise without first obtaining a therapeutic massage establishment license from the city. Sec. 8-297. Regulations adopted. (a) Each licensed therapeutic massage establishment in the city shall be constructed and maintained in compliance with the health, safety and building regulations of the city, and all state laws, rules and regulations, including but not limited to the following: (1) Walls, floors and ceilings must be smooth, clean and in good repair. Low nap carpeting is permitted provided it is kept clean and without wear or tear. (2) Massage rooms must be equipped with lighting capable of illuminating horizontal surfaces with a minimum intensity of 50 foot candles to facilitate room cleaning. (3) Massage rooms must be equipped with mechanical air ventilation or an exhaust fan. (4) A hot and cold water hand washing sink or an NSF approved portable hand sink with soap and hand drying by mechanical or disposable towel is required in the therapeutic massage area. Use of a public bathroom or janitor’s sink is not allowed. (b) No customer or patron of a therapeutic massage establishment shall be allowed to enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No customer or patron of a therapeutic massage establishment shall be allowed to remain upon the licensed premises after 9:15 p.m. and before 8:00 a.m. daily. Such restrictions on hours shall not apply where the massage therapy is provided within a health/sports establishment, and in such case, the hours for massage therapy must coincide with the health/sports establishment's hours of operation. (c) During any hours in which any person is present on the licensed premises of a therapeutic massage establishment, such therapeutic massage establishment shall be open to inspection by city inspectors and police officers. Upon demand by any police officer, all persons engaged in providing services in any therapeutic massage establishment licensed premises shall identify themselves, giving their true legal name and correct address. Meeting of October 20, 2008 (Item No. 8a) Page 21 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (d) The applicant for a new license will be required to provide a copy of a current government issued identification and complete a license application addendum authorizing a background check to be completed by the Police Department. Section 7. Section 8-326 through Section 8-332 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Subdivision VIII. Rental Housing Sec. 8-326. License required. (a) The owner of a residential building or portion thereof operated as rental housing with one or more dwelling units must obtain a rental housing license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. (b) The term “rental housing” means any dwelling unit that is not owner occupied. The term includes any dwelling unit which is either unoccupied or occupied by a relative of the owner. (c) Exceptions. No license shall be required under the following circumstances: (1) A dwelling unit occupied by the owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. (3) Unoccupied dwelling units being offered for sale which have been issued a Certificate of Property Maintenance that remains in effect. (d) The term “Owner” means the owner as determined by an examination of record title to the property at the office of the Hennepin County Recorder. Sec. 8-327. Required Application Information. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. Contact information for the owner and property manager must be provided on the license application, and the owner must provide the city with any changes occurring within the license period. The owner may be the designated property manager. The owner must submit verification with the license application that the designated property manager has attended required training as specified in this section and that the Crime Free/Drug Free and Disorderly Use language required by this section is contained in the licensed property tenant lease or leases. Meeting of October 20, 2008 (Item No. 8a) Page 22 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (Ord. No. 2334-07, 08-10-2007) Sec. 8-328. Crime Free/Drug Free Training. The owner or property manager must have attended an approved training program in The Minnesota Crime Free Multi-Housing Program before any rental license is issued. A Provisional License may be issued for six months to accommodate the training schedule. An owner whose only rental housing is either unoccupied or a dwelling unit homesteaded by a relative is exempted from the training program. (Ord. No. 2334-07, 08-10-2007) Sec. 8-329. Maintenance. The owner of a residential building or portion thereof operated as rental housing must maintain all dwelling units, common space and exteriors of such buildings within the owner’s control in compliance with the City Code, and state and federal laws and regulations. The owner of such rental housing shall perform a periodic assessment of all portions of the building and correct any inadequacies to ensure the building is maintained in good repair. (Ord. No. 2334-07, 08-10-2007) Sec. 8-330. City Inspections. (a) The owner of rental housing shall permit access by the City to perform a minimum of one inspection every two years of every dwelling unit and common space within the owner’s control. The City may perform or require additional inspections if deemed necessary by the City or by the request of a tenant. The owner shall notify the tenant or tenants of the time when the City inspection will be conducted and provide access to the units. (b) The owner’s rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 6, article V of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. (Ord. No. 2334-07, 08-10-2007) Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements. (a) All tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following Crime Free/Drug Free and Disorderly Use language: (1) Crime Free/Drug Free. Meeting of October 20, 2008 (Item No. 8a) Page 23 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing 1. Resident, any members of the resident’s household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug- related criminal activity, on or near the premises. 2. Resident, any member of the resident’s household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises. 3. Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. 4. Resident, any member of the resident’s household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. 5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (2) Disorderly Use. 1. Resident, members of the resident’s household, guests, or other persons under the resident’s control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and violation of the St. Louis Park City Code relating to zoning, nuisance and prohibited noise. 2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. (3) Definitions. 1. The term “criminal activity” means prostitution, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other Meeting of October 20, 2008 (Item No. 8a) Page 24 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing resident, neighbor or other third party, or involving imminent or actual serious property damage. 2. The term “drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (b) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (c) Upon determination by the Police Department that a licensed premises or unit within a licensed premise was used in violation of the Crime Free/Drug Free provisions of Subsection (a) (1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (d) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further Disorderly Use violations. (e) If a second Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use violations. (f) If a third Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. Meeting of October 20, 2008 (Item No. 8a) Page 25 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing (g) The provisions of Subsections (c), (d), (e), and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term “domestic abuse” has the meaning given in Minn. Stat. § 518B.01, subd. 2. Sec. 8-332. Administrative License Violation Fee. An owner failing to proceed with an action to terminate the tenancy after Police Department notification in accordance with a Crime Free/Drug Free violation or the third Disorderly Use violation shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. Section 8. Section 6-179 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 6-179. Compliance; expiration. (a) When the property use is legal in accordance with city zoning requirements and the property complies with all applicable building, fire, health and property maintenance codes, a Certificate of Property Maintenance will be issued by the city. (b) A Certificate of Property Maintenance authorizes the transfer of property for a period of one year from the date of issue, and two years for individual units in multi-family residential buildings. The Certificate of Property Maintenance may only be used for property transfer by the owner named on the Certificate of Property Maintenance or the owner's legal representative. (c) A one year extension of the Certificate of Property Maintenance may be issued following a re-inspection of the property and payment of a fee. Such fee shall be set from time to time by the city and a schedule of such fees listed in Appendix A to this Code. Meeting of October 20, 2008 (Item No. 8a) Page 26 Subject: Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Section 9. This Ordinance shall take effect January 1, 2009 after its publication. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting Date: October 20, 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: St. Louis Park Emergency Program (STEP) Conditional Use Permit. RECOMMENDED ACTION: Motion to Adopt Resolution approving a Conditional Use Permit for excavation of over 400 cubic yards of aggregate material at 2544 State Highway 100. POLICY CONSIDERATION: The St. Louis Park Emergency Program (STEP) proposal requires approval of a Conditional Use Permit for excavation. STEP representatives have demonstrated an ability to meet the conditions of the Zoning Ordinance. Is the Council interested in approving the CUP as outlined below? BACKGROUND: The St. Louis Park Emergency Program (STEP) plans to move from its temporary location at 5925 State Highway 7 to the location at 2544 State Highway 100. To gain approval to begin construction, STEP must first obtain a Conditional Use Permit (CUP) for excavation of greater than 400 cubic yards of aggregate material from the site. STEP intends to begin construction in the spring of 2009, in order to avoid winter construction conditions. STEP offers services to St. Louis Park residents who are experiencing a crisis. Emergency services include transportation, food shelf, clothing closet and financial assistance for rent, mortgage or utilities. Participants in STEP’s programs must set up an appointment in order to participate; STEP does not serve residents on a drop-in basis. Zoning Review Analysis for the STEP proposal, while focused predominately on the CUP for excavation, also included a review of the project within the context of the Zoning Ordinance. It is important to note that the Planning Commission public hearing and recommendation is not tied to the proposed permanent use of the site, but rather to the temporary use of “excavation.” Zoning issues are summarized as follows: Meeting of October 20, 2008 (Item No. 8b) Page 2 Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Land Use The new STEP facility is considered a community center, which is allowed within the R-1 Zoning District as “permitted with conditions.” The STEP site plan and associated documents meet all the conditions included in the Zoning Ordinance for this use type. Under the ordinance, a community center is “a place…designed to accommodate and serve significant segments of the community and which is used for educational, religious, fraternal, social and recreational programs.” Height At a maximum height of 18’, the proposed STEP building falls well below the maximum height of 30’ permitted in the R-1 Zoning District and also below the height of the existing church, which reaches almost 40’ in height. However, the 18’ height of the building will only be apparent from the north. To the west and south, the new addition will appear to reach no more than 6-8’ in height. This is accomplished by constructing the building into an existing hill. The result of constructing the building into the hill is that the building will scarcely be visible from the residential properties to the south and the west of the site. Landscaping and Tree Replacement The STEP proposal includes the addition of 16 new trees to the site. It also provides for the construction of several new rain gardens on the site, satisfying the alternative vegetation requirements found in the landscape ordinance. The building addition will enable the church to continue with the development of its prairie vegetation between the structure and the Highway 100 frontage road. Factor Required Proposed Met? Use R-1 Zoning District Community Center Permitted with conditions Yes Height 30’ maximum 18’ Yes Setbacks – North / South 50’ 50’ 70’ 165’ Yes Setbacks – West / East 50’ 30’ 123’ NA Yes Off-Street Parking 83 spaces – shared parking included 54 total spaces on-site 35 proof-of-parking spaces provided Yes Bicycle Parking 4 spaces 4 spaces Yes Floor Area Ratio 0.35 maximum 0.11 Yes Tree replacement 37.8 caliper inches 40 caliper inches Yes Landscaping 9 trees 36 shrubs 16 trees Alternative landscaping per 36-364 (g) Yes Stormwater Required city and watershed standards Rain gardens and rooftop storage provided Yes Meeting of October 20, 2008 (Item No. 8b) Page 3 Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Due to the construction of the addition, some trees will need to be removed from the site. The architects and landscape architects working on the project have worked closely with Staff to improve the site plan in favor of tree preservation. In previous plans, including several shared with the neighborhood, substantially more trees had been shown as removed. The current plan minimizes tree removal and enhances the site through new plantings in appropriate locations. Site Access Access to the site is off of the Highway 100 frontage road. There is no access to Vernon Avenue, except through the use of a paved trail from the parking lot. It is not expected that the building addition will increase the use of the trail. St. Louis Park residents receiving assistance from STEP must have an appointment in order to visit the facility, and typically arrive by car. Building Materials The architectural style of the proposed addition will complement the existing church building. The existing architectural style is distinct and constructed primarily of wood siding. The proposed building will, through the use of hardi-board siding, mimic the existing building as much as possible. The portions of the building that will be located below-grade, including those portions where the building is built into the hill, will be constructed of concrete block. Conditional Use Permit for Excavation In order to construct the proposed community center at grade with the existing parking lot, STEP has proposed constructing its building into the hillside to the west of the existing church building. To do so, more than 400 cubic yards of soil will need to be removed from the site. However, by constructing the building into the hillside, the building’s low profile will make it nearly invisible from all nearby residential parcels. Haul Route Trucks hauling materials being removed from the site have direct access both north and south on Highway 100 from the frontage road. The truck route will be the frontage road north and south to Highway 100. Trucks will be restricted by the CUP from using other streets in the neighborhood. Because of the easy access to Highway 100, no traffic impacts are expected as a result of the excavation process. Timeline Excavation of the hillside will be complete in approximately one to one and a half weeks. During this time, there will be heavy truck traffic into and out of the site on the adjacent frontage road. Once the excavation is complete, truck traffic at the site will subside and be more typical of a regular construction project. Construction Period Construction of the building addition will take between six and nine months. During construction, erosion and sediment control measures will be in place per the requirements of the City and the Minnehaha Creek Watershed District. Meeting of October 20, 2008 (Item No. 8b) Page 4 Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Summary The STEP proposal meets the zoning requirements and is permitted with conditions. A Conditional Use Permit is required not for the long term use of the site, but for the excavation of over 400 cubic yards of aggregate material. At the Planning Commission public hearing on October 15th, the Planning Commission recommended approval of the Conditional Use Permit. FINANCIAL OR BUDGET CONSIDERATION: The City has directed 2007 Community Development Block Grant funding from Federal Sources to pay for the STEP project’s soft costs, including the architectural design and engineering work. No other City funding is associated with the STEP proposal. VISION CONSIDERATION: The construction of the new STEP building will result in an enhanced community gathering space providing for the needs of St. Louis Park residents facing crisis. Through the work of the STEP organization, St. Louis Park strives to make the goals of the community Vision available to all residents, despite temporary setbacks and emergency situations. The new building will enhance St. Louis Park’s ability to remain an inclusive community for many years into the future. Attachments: Resolution – Conditional Use Permit Location Map Haul Route Site Plans and related documents Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke. Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 8b) Page 5 Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit RESOLUTION NO. 08-___ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXPORT OF MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL LOCATED AT 2544 STATE HIGHWAY 100 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The St. Louis Park Emergency Prorgam (STEP) 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 exporting more than 400 cubic yards of soil within a R-1 Single Family Residential District located at 2455 State Highway 100 for the legal description as follows, to-wit: Par 1: That part of the South 336.2 feet, as measured along the West line thereof, of the Northwest Quarter of Section 31, Township 29, Range 24, lying Westerly of a line parallel to and 100 feet Westerly from the following described line: Beginning at a point on the North line of said Northwest Quarter, distant 1316.42 feet West from the Northeast corner thereof; thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet; thence deflecting to the right on a 1 degree curve, delta angle 9 degrees 4 minutes, a distance of 906.7 feet; thence on a tangent to said curve a distance of 527.4 feet; thence deflecting to the left on a 1 degree 30 minute curve, radius 3819.83 feet, a distance of 700 feet and there terminating. Par 2: That part of the North Half of the vacated 26th St. dedicated in the palt of “American Security Investment Co’s Oak Terrace” lying between the Northerly extensions across it of the East and West lines of Lot 14, Block 2, in said plat. Subject to snow fence easements in favor of the State of Minnesota, as set forth in Book 1390 of Deeds, Page 373 and in Book 412 of Miscellaneous Records, Page 148; (as to land in Par 1) Subject to an easement for trunk highway purposes in favor of the State of Minnesota, over and across the South 30 feet lying East of the West 330 feet and Westerly of Trunk Highway No. 100=130, said easement acquired by deed of highway easement dated June 4, 1936, recorded in the office of the Register of deeds in Book 1390 of Deeds, Page 373, on September 11, 1936; (as to land in Par 1) Subject to a sewer easement in favor of the City of St. Louis Park described as follows: That part of the North 15 feet of the South 238.7 feet of the Southwest Quarter of the Northwest Meeting of October 20, 2008 (Item No. 8b) Page 6 Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Quarter of Section 31, Township 29, Range 24 lying east of the West 188.1 feet thereof and West of State Highway No. 100. Also the North 112.5 feet of the South 336.2 feet of the East 15 feet of the West 188.1 feet of the Southwest Quarter of the Northwest Quarter of said Section. Being the easement acquired by condemnation proceedings as recorded in Book 2239 of Deeds on Page 133; (as to land in Par 1) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-31-CUP) and the effect of the proposed export of soil 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 export of soil 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 export of soil is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 08-31-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 the export of more than 400 cubic yards of soil at 2544 State Highway 100 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. Prior to starting any site work, the following conditions shall be met: a. A pre-excavation conference shall be held with the appropriate development, construction and city representatives. b. All necessary erosion control measures shall be installed. c. All necessary permits must be obtained. 3. The applicant shall comply with the following conditions during excavation: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. Meeting of October 20, 2008 (Item No. 8b) Page 7 Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 4. The applicant shall follow the following haul route: a. Traveling south, all vehicles shall travel along the Highway 100 frontage road and directly enter onto Highway 100. Traveling north, all vehicles shall travel along the Highway 100 frontage road and directly enter onto Highway 100. b. Vehicles hauling excavation materials are prohibited from traveling on residential streets. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk HIGHWAY 100 S27TH ST WWEBSTER AVE SVERNON AVE S25 1/2 ST W UTICA AVE S26TH ST W TOLEDO AVE SHIGHWAY 100 S26TH ST W 25 1/2 ST W HIGHWAY 100 SHIGHWAY 100 S26TH ST W 2544 State Highway 100 - Luthern Church of the ReformationSt. Louis Park Emergency Program (STEP)Conditional Use Permit for Excavation $ October 15, 2008 3 Zoning Classification R1 - Single Family Residential R2 - Single Family Residential R3 - Two Family Residential R4 - Multi-Familiy Residential RC - Multi-Family Residential POS - Parks and Open Space MX - Mixed-Use C1 - Neighborhood Commercial C2 - General Commercial O - Office IP - Industrial Park IG - General Industrial 210 Feet R-1 R-1 R-C X Meeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Page 8 Proposed Route for Excavation Materials2544 Highway 100 South (STEP) Hwy 100 Hwy 100 Meeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Page 9 Meeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use PermitPage 10 Meeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use PermitPage 11 Vernon AvenueService RoadState Highway No. 100FFE=886.00=100.00 PROPOSED STEP BUILDING C200 GRADING, DRAINAGE, AND EROSION CONTROL PLANSTEPMeeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Page 12 Vernon AvenueService RoadState Highway No. 1001 2 3 3 3 3 3 4 5 6 6 Vernon AvenueService RoadState Highway No. 100FFE=886.00=100.00 PROPOSED STEP BUILDING 4 6 6 2 2 3 3 1 58 3 3 1 1 C600 STORMWATER POLLUTION PREVENTION PLANSTEPMeeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Page 13 Significant Significant Trees on Site Trees Removed Tree Tag Tree Tree Size Tree Caliper Caliper Number Specie DBH Inches Status Inches Inches 1 Aspen 9.8 ocl 2 Aspen 9.6 ocl 3 Ash 6.4 ocl 6.4 4 Ash 7.2 ocl 7.2 5 Ash 8.6 ocl 8.6 6 Ash 9.3 ocl 9.3 7 Boxelder 14.1 ocl 8 Black Cherry 12 ocl 12 9 Aspen 9.1 ocl 10 Aspen 8.8 ocl 11 Ash 6.5 significant 6.5 6.5 12 Siberian Elm 8.4 not signif 8.4 13 Black Cherry 7.4 significant 7.4 7.4 14 Black Cherry 7.1 significant 7.1 7.1 15 Bur Oak 11.6 significant 11.6 11.6 16 Bur Oak 7.4 significant 7.4 7.4 17 Black Cherry 6 significant 6 6 18 Black Cherry 6.5 significant 6.5 6.5 19 Black Cherry 9.3 significant 9.3 9.3 20 Ash 6.1 significant 6.1 6.1 21 Black Cherry 9.1 significant 9.1 9.1 22 Black Cherry 6.7 significant 6.7 6.7 23 Black Cherry 6.1 significant 6.1 6.1 24 Cottonwood 24.2 not signif 25 Siberian Elm 9.7 significant 9.7 9.7 26 Cottonwood 18.9 not signif 27 Black Cherry 8.4 significant 8.4 8.4 28 Black Cherry 6 significant 6 6 29 Ash 7.6 significant 7.6 7.6 30 Ash 7.8 significant 7.8 7.8 31 Boxelder 11.7 not signif 32 Black Cherry 6.5 significant 6.5 6.5 33 Black Cherry 7.1 significant 7.1 7.1 34 Green Ash 6.1 significant 6.1 6.1 35 Cottonwood 18.4 not signif 36 Cottonwood 15.1 not signif 37 Cottonwood 8 not signif 38 Cottonwood 20.7 not signif 39 Cottonwood 23.1 not signif 40 American Elm 9.2 poor 41 Cottonwood 10.6 poor 42 Cottonwood 12.1 not signif 43 Cottonwood 25.4 not signif 44 American Linden 15.2 significant 15.2 15.2 45 American Linden 6.9 significant 6.9 6.9 46 American Linden 9.1 significant 9.1 9.1 47 Red Oak 10.2 significant 10.2 10.2 48 American Linden 6.2 significant 6.2 6.2 49 Cottonwood 28.5 not signif 50 Cottonwood 17 not signif 51 Pin Oak 24.2 significant 24.2 24.2 52 Red Oak 22.4 significant 22.4 22.4 53 Ash 9.1 significant 9.1 9.1 54 American Elm 11.8 significant 11.8 11.8 55 Ash 7.7 significant 7.7 7.7 56 Pin Oak 9.5 significant 9.5 9.5 57 American Linden 18.9 significant 18.9 18.9 58 Pin Oak 15.1 significant 15.1 0 59 Red Oak 17.4 significant 17.4 0 60 Pin Oak 20 significant 20 0 61 Red Oak 16.3 significant 16.3 0 62 Red Oak 8.4 significant 8.4 0 63 Red Oak 13.1 significant 13.1 0 64 Red Oak 10.8 ocl 10.8 65 Red Oak 16.6 ocl 16.6 66 Pin Oak 26.1 ocl 26.1 67 Red Oak 9.9 ocl 9.9 68 Red Oak 11 ocl 11 69 Pin Oak 22.3 ocl 22.3 70 Red Oak 16.6 significant 16.6 0 71 Red Oak 14.8 significant 14.8 0 72 Red Oak 19.3 ocl 19.3 73 Red Oak 15.5 ocl 15.5 74 Red Oak 11 ocl 11 75 Red Oak 16 ocl 16 76 Red Oak 34.5 significant 34.5 34.5 77 Ash 7.8 ocl 7.8 78 Boxelder 9.1 ocl 79 Pin Oak 18 significant 18 0 80 Bur oak 18.3 significant 18.3 18.3 81 Boxelder 12.8 not signif 82 American Elm 9.3 significant 9.3 9.3 83 Cottonwood 20.3 not significant 20.3 84 Cottonwood 14.5 not significant 14.5 85 Cottonwood 10.78 not significant 10.78 86 American Elm 9.6 not significant 9.6 87 Cottonwood 22.6 not significant 22.6 88 Cottonwood 16.7 not significant 16.7 89 Cottonwood 21.6 not significant 21.6 90 Cottonwood 12.8 not significant 12.8 91 Green Ash 7 ocl 7 92 American Linden 11.7 ocl / poor 93 Ash 6.5 ocl 6.5 94 Ash 6.5 ocl 6.5 95 Pin Oak 16.6 ocl 16.6 96 Red Oak 13.2 ocl 13.2 97 Red Oak 15.5 ocl 15.5 98 Pin Oak 25.6 ocl 25.6 99 Red Oak 27.9 ocl 27.9 100 Red Oak 14.5 ocl 14.5 101 Red Oak 18.5 ocl 18.5 102 American Linden 9.5 ocl 9.5 103 Ash 6.2 ocl 6.2 104 Red Oak 11.1 ocl / poor 105 Red Oak 10.4 ocl / poor 106 Red Oak 13 significant 13 0 107 Red Oak 26.1 poor 108 Red Oak 16.6 significant 16.6 0 109 Red Oak 15.5 significant 15.5 15.5 110 Red Oak 15.8 ocl 15.8 111 Red Oak 14.5 ocl 14.5 112 Red Oak 27.4 ocl / poor 113 Red Oak 31.8 ocl / poor 114 Red Oak 23.4 ocl 23.4 115 Red Oak 22 ocl 22 116 Red Oak 24.9 ocl 24.9 117 American Elm 8 ocl 8 118 Ash 6.2 ocl 6.2 119 Siberian Elm 8 ocl 8 120 Japanese Yew Tree 36 ocl 36 121 Japanese Yew Tree 36 ocl 36 122 Norway Maple 12 ocl 12 123 Green Ash 16 ocl 16 124 Green Ash 22 ocl 22 125 Green Ash 28 ocl 28 126 Red Oak 18 ocl 18 127 Littleleaf Linden 16 ocl 16 128 Littleleaf Linden 18 ocl 18 129 Black cherry 8 ocl 8 130 Black cherry 10 ocl 10 131 Black cherry 12 ocl 12 1416.48 377.8 Summary ((A/B)-0.20) x C x A = D Total Caliper Inches of Significant Trees proposed for removal A 377.8 Total Caliper Inches of Significant Trees on Property B 1416.48 377.8 divided by 1416.48 0.2667175 0.266717497 minus 0.2 0.0667175 0.066717497 times C 1.5 0.10007625 0.100076245 times 377.8 D 37.8088055 caliper inches required. 15.1235222 2.5" trees Meeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use Permit Page 14 Meeting of October 20, 2008 (Item No. 8b) Subject: St. Louis Park Emergency Program (STEP) Conditional Use PermitPage 15 Meeting Date: October 20, 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: Call for Sale of General Obligation Revenue Bonds. RECOMMENDED ACTION: Motion to Adopt Resolution Providing for Sale of: • $4,075,000 G.O. Utility Revenue Bonds (MSC), Series 2008A and • $5,625,000 G.O. Tax Increment Revenue Bonds, Series 2008B (Park Place Blvd) POLICY CONSIDERATION: Does the City Council agree with staff and consultants that there are sufficient resources available to over time to repay the bonds to be issued? Are the bonds issued for a period of time that is equal to or less than the expected useful life of the assets to be constructed? BACKGROUND: These general obligation (GO) utility revenue bonds need to be issued to provide funds for the construction of an addition on the Municipal Service Center (MSC). This will allow for the relocation of Utility Department staff and equipment from Fire Station #1 to the MSC as a first step to constructing a new fire station. This bond issue is expected to be paid back through utility user charges. The City Council reviewed a rate study in 2006 which recommended an increase in user fees in order to maintain an aggressive construction schedule for utility infrastructure. That study also recommended issuing utility revenue bonds every couple years in order to finance that construction. An update of that analysis is currently being performed. The new projection is scheduled to be discussed with the City Council on the November 24 work session. That analysis will help staff and the council with setting utility rates that will be adopted in December. This bond issue is consistent with the Financial Management Plan presented to the City Council this spring in regard to all the activities required to complete the new fire stations. GO tax increment revenue (TIF) bonds need to be issued to cover the cost of improvements to Park Place Boulevard that are being made in conjunction with the West End redevelopment project. This issue was anticipated in the development agreement and TIF agreement negotiated with Duke at the end of last year. These bonds will be repaid with revenues generated through the redevelopment of the property at I-394 and Hwy 100. Meeting of October 20, 2008 (Item No. 8c) Page 2 Subject: Call for Sale of General Obligation Revenue Bonds A representative from Ehlers & Associates will be present to discuss the bond sale process with the City Council on Monday evening. The attached memo and proposed schedule represent their estimate of the potential interest rates. The actual rates and dollar amount of the sale will vary depending on the market conditions on the sale date. FINANCIAL OR BUDGET CONSIDERATION: Issuance of these bonds is necessary to provide funding of necessary projects in the city. VISION CONSIDERATION: Not Applicable. Attachments: Resolution Presale Report from Ehlers & Associates Prepared by: Bruce DeJong, Finance Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 8c) Page 3 Subject: Call for Sale of General Obligation Revenue Bonds RESOLUTION NO. 08-___ RESOLUTION PROVIDING FOR THE SALE OF $4,075,000 GENERAL OBLIGATION UTILITY REVENUE BONDS SERIES 2008A AND $5,625,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2008B WHEREAS, the City Council of the City of St. Louis Park, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $4,075,000 General Obligation Utility Revenue Bonds Series 2008A and $5,625,000 General Obligation Tax Increment Bonds, Series 2008B (the "Bonds") to finance the cost of various capital improvements; and WHEREAS the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:30 P.M. on November 17, 2008, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Reviewed for Administration: Adopted by the City Council October 20, 2008 City Manager Mayor Attest: City Clerk BOND ISSUE PRE-SALE REPORT October 20, 2008 Proposed Issue: $4,075,000 G.O. Utility Revenue Bonds, Series 2008A; and $5,625,000 G.O. Tax Increment Bonds, Series 2008B (collectively the “Bonds”) The Bonds will be secured by the full faith and credit of the taxpayers of the City of St. Louis Park but will be paid from revenues other than tax levies. Purpose: Proceeds from the Series 2008A Bonds will fund $4,000,000 of various water and sewer projects including the construction of the MSC building improvements. It is expected that net revenues of the sewer and water utilities will support the principal and interest payments. Expected debt service schedules are attached as Exhibit A. The Series 2008B Bonds will fund $4,968,887 of the City’s public improvements associated with the West End TIF District (Park Place Boulevard). A breakdown of bond sources and uses and expected debt service schedules are attached as Exhibit B. Authority and Rating: The 2008A Bonds are being issued pursuant to Chapter 444, which allows cities to issue debt without limitation as long as debt service is expected to be paid from water and sewer revenues. The 2008B Bonds are being issued pursuant to Minnesota Statues, Chapter 469. Because the City paying for 100% of the debt service with TIF revenues from the West End project, the Bonds can be a G.O. (general obligation), without a referendum and will not count against the City’s debt limit. The City currently carries a Moody’s rating of Aa1. The City could explore a bond rating from Standard & Poor’s in addition to or instead of a Moody’s rating. Bank Qualification: Because of the large Park Nicollet bond issue this year, the City has issuing more than $10,000,000 in the calendar year 2008. Therefore, the Bonds will not be bank qualified. Park Nicollet has agreed to Page 1 reimburse the City for any higher interest cost associated with a non- bank qualified issue. Term/Call Feature: The 2008A Bonds are to be repaid over a slightly more than 10 year period. Interest is payable semi-annually, beginning August 1, 2009. Principal on the 2008A Bonds will be due on August 1 in the years 2011 through 2020. The 2008A Bonds maturing August 1, 2017, and thereafter will be subject to prepayment at the discretion of the City on August 1, 2016. The 2008B Bonds are to be repaid over a 15 year period including two years capitalized interest through February 1, 2011. The capitalized interest is necessary because the majority of construction on the retail portion of the project will not be completed until the end of 2009, with first full taxes paid in 2011. The development agreement allows the City to issue a net of $4,500,000 in project costs with a first lien on the TIF revenues plus an additional amount of debt secured by the City’s 5% administrative fee. Principal on the 2008B Bonds will be due on February 1 in the years 2012 through 2024. The 2008A Bonds maturing February 1, 2019, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2018. Funding Sources: For the 2008A Bonds, it is the intent of the City to use utility revenues support all of the debt service. For the 2008B Bonds, the City anticipates that there will be tax increment sufficient to pay for 105% of debt service. The development agreement with Duke requires that the City anticipates 120% debt service coverage of tax increments to debt service and that the minimum assessment agreements have been signed. If the assessment agreements are not signed prior to the date of sale, we may recommend that the City delay the sale. Discussion Issues: We do not see any refunding opportunities for other City debt. Ehlers will continue to monitor the market and the call dates for the City and alert you to any future opportunities. Risk Factors: Anytime a City issues G.O. Tax Increment Bonds, there is a risk that increments will be lower due to a change in legislation, the real estate market, or construction schedules. The risk is reduced because of the City’s first call on the TIF revenues, Duke’s standing in the real estate market, and the minimum assessment agreements. Arbitrage: With increasing short-term investment rates, IRS rules regarding the amount of interest that the City may earn on bond proceeds is more of a Page 2 concern. If the City spends the bond proceeds within 24 months according to specific percentages each six months, interest earned on the proceeds above the bond interest rate does not need to be rebated or repaid interest (the excess interest earnings are known as arbitrage). The City will also need to keep its debt service funds within IRS parameters to avoid penalties on carrying too high of a balance during the life of the issue. Schedule: Pre-Sale Review by Council: October 20, 2008 Distribute Official Statement: November 7, 2008 Conference with Rating Agency: Week of November 10, 2008 Bond Sale and City Council meeting to award: November 17, 2008 Estimated Closing Date: On or about December 1, 2008 Attachments: Exhibit A: Series 2008A Bonds Sources and Uses and Debt Service Estimates Exhibit B: Series 2008B Bonds Sources and Uses and Debt Service Estimates Ehlers Contacts: Financial Advisors: Mark Ruff (651) 697-8505 Stacie Kvilvang (651) 697-8506 Bond Analysts: Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Bond Sale Coordinator Connie Kuck (651) 697-8527 The Official Statement for this financing will be mailed to the home of each Council Member at their home address for review prior to the sale date. Page 3 St Louis Park, MN $4,075,000 G.O. Utility Revenue Bonds, Series 2008A $4,000,000 Net Project Costs - 10 Year Term Sources & Uses Dated 12/01/2008 | Delivered 12/01/2008 Sources Of Funds Par Amount of Bonds $4,075,000.00 Total Sources $4,075,000.00 Uses Of Funds Total Underwriter's Discount (1.000%)40,750.00 Costs of Issuance 30,000.00 Deposit to Project Construction Fund 4,000,000.00 Rounding Amount 4,250.00 Total Uses $4,075,000.00 Ser 08 $4M GO utility 10 | SINGLE PURPOSE | 10/15/2008 | 8:42 AM Ehlers & Associates Public Finance Page 1 St Louis Park, MN $4,075,000 G.O. Utility Revenue Bonds, Series 2008A $4,000,000 Net Project Costs - 10 Year Term Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 12/01/2008 ----- 08/01/2009 --116,830.00 116,830.00 - 02/01/2010 --87,622.50 87,622.50 204,452.50 08/01/2010 --87,622.50 87,622.50 - 02/01/2011 --87,622.50 87,622.50 175,245.00 08/01/2011 335,000.00 3.900%87,622.50 422,622.50 - 02/01/2012 --81,090.00 81,090.00 503,712.50 08/01/2012 350,000.00 4.000%81,090.00 431,090.00 - 02/01/2013 --74,090.00 74,090.00 505,180.00 08/01/2013 365,000.00 4.100%74,090.00 439,090.00 - 02/01/2014 --66,607.50 66,607.50 505,697.50 08/01/2014 380,000.00 4.150%66,607.50 446,607.50 - 02/01/2015 --58,722.50 58,722.50 505,330.00 08/01/2015 395,000.00 4.200%58,722.50 453,722.50 - 02/01/2016 --50,427.50 50,427.50 504,150.00 08/01/2016 410,000.00 4.250%50,427.50 460,427.50 - 02/01/2017 --41,715.00 41,715.00 502,142.50 08/01/2017 430,000.00 4.300%41,715.00 471,715.00 - 02/01/2018 --32,470.00 32,470.00 504,185.00 08/01/2018 450,000.00 4.400%32,470.00 482,470.00 - 02/01/2019 --22,570.00 22,570.00 505,040.00 08/01/2019 470,000.00 4.600%22,570.00 492,570.00 - 02/01/2020 --11,760.00 11,760.00 504,330.00 08/01/2020 490,000.00 4.800%11,760.00 501,760.00 - 02/01/2021 ----501,760.00 Total $4,075,000.00 -$1,346,225.00 $5,421,225.00 - Yield Statistics Bond Year Dollars $30,616.67 Average Life 7.513 Years Average Coupon 4.3970332% Net Interest Cost (NIC)4.5301306% True Interest Cost (TIC)4.5438821% Bond Yield for Arbitrage Purposes 4.3824342% All Inclusive Cost (AIC)4.6641227% IRS Form 8038 Net Interest Cost 4.3970332% Weighted Average Maturity 7.513 Years Ser 08 $4M GO utility 10 | SINGLE PURPOSE | 10/15/2008 | 8:42 AM Ehlers & Associates Public Finance Page 2 St Louis Park, MN $5,625,000 G.O. Tax Increment Bonds, Series 2008B $5,000,000 Net Project Costs - 15 Year Term Capitalized Interest through 2/1/2011 Sources & Uses Dated 12/01/2008 | Delivered 12/01/2008 Sources Of Funds Par Amount of Bonds $5,625,000.00 Total Sources $5,625,000.00 Uses Of Funds Total Underwriter's Discount (1.000%)56,250.00 Costs of Issuance 46,000.00 Deposit to Capitalized Interest (CIF) Fund 550,987.17 Deposit to Project Construction Fund 4,968,887.00 Rounding Amount 2,875.83 Total Uses $5,625,000.00 Ser 08 $5M GO TIF 15 Yrs | SINGLE PURPOSE | 10/15/2008 | 8:44 AM Ehlers & Associates Public Finance Page 1 St Louis Park, MN $5,625,000 G.O. Tax Increment Bonds, Series 2008B $5,000,000 Net Project Costs - 15 Year Term Capitalized Interest through 2/1/2011 Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 12/01/2008 ------- 08/01/2009 -- 176,510.00 176,510.00 (176,510.00)-- 02/01/2010 - - 132,382.50 132,382.50 (132,382.50)-- 08/01/2010 - - 132,382.50 132,382.50 (132,382.50)-- 02/01/2011 - - 132,382.50 132,382.50 (132,382.50)-- 08/01/2011 - - 132,382.50 132,382.50 - 132,382.50 - 02/01/2012 330,000.00 4.100% 132,382.50 462,382.50 - 462,382.50 594,765.00 08/01/2012 - - 125,617.50 125,617.50 - 125,617.50 - 02/01/2013 345,000.00 4.150% 125,617.50 470,617.50 - 470,617.50 596,235.00 08/01/2013 - - 118,458.75 118,458.75 - 118,458.75 - 02/01/2014 355,000.00 4.200% 118,458.75 473,458.75 - 473,458.75 591,917.50 08/01/2014 - - 111,003.75 111,003.75 - 111,003.75 - 02/01/2015 375,000.00 4.250% 111,003.75 486,003.75 - 486,003.75 597,007.50 08/01/2015 - - 103,035.00 103,035.00 - 103,035.00 - 02/01/2016 390,000.00 4.300% 103,035.00 493,035.00 - 493,035.00 596,070.00 08/01/2016 - - 94,650.00 94,650.00 - 94,650.00 - 02/01/2017 405,000.00 4.400% 94,650.00 499,650.00 - 499,650.00 594,300.00 08/01/2017 - - 85,740.00 85,740.00 - 85,740.00 - 02/01/2018 425,000.00 4.600% 85,740.00 510,740.00 - 510,740.00 596,480.00 08/01/2018 - - 75,965.00 75,965.00 - 75,965.00 - 02/01/2019 440,000.00 4.800% 75,965.00 515,965.00 - 515,965.00 591,930.00 08/01/2019 - - 65,405.00 65,405.00 - 65,405.00 - 02/01/2020 465,000.00 4.900% 65,405.00 530,405.00 - 530,405.00 595,810.00 08/01/2020 - - 54,012.50 54,012.50 - 54,012.50 - 02/01/2021 485,000.00 5.000% 54,012.50 539,012.50 - 539,012.50 593,025.00 08/01/2021 - - 41,887.50 41,887.50 - 41,887.50 - 02/01/2022 510,000.00 5.100% 41,887.50 551,887.50 - 551,887.50 593,775.00 08/01/2022 - - 28,882.50 28,882.50 - 28,882.50 - 02/01/2023 535,000.00 5.200% 28,882.50 563,882.50 - 563,882.50 592,765.00 08/01/2023 - - 14,972.50 14,972.50 - 14,972.50 - 02/01/2024 565,000.00 5.300% 14,972.50 579,972.50 - 579,972.50 594,945.00 Total $5,625,000.00 -$2,677,682.50 $8,302,682.50 (573,657.50)$7,729,025.00 - Ser 08 $5M GO TIF 15 Yrs | SINGLE PURPOSE | 10/15/2008 | 8:44 AM Ehlers & Associates Public Finance Page 2 St Louis Park, MN $5,625,000 G.O. Tax Increment Bonds, Series 2008B $5,000,000 Net Project Costs - 15 Year Term Capitalized Interest through 2/1/2011 Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 12/01/2008 ----- 08/01/2009 --176,510.00 176,510.00 - 02/01/2010 --132,382.50 132,382.50 308,892.50 08/01/2010 --132,382.50 132,382.50 - 02/01/2011 --132,382.50 132,382.50 264,765.00 08/01/2011 --132,382.50 132,382.50 - 02/01/2012 330,000.00 4.100%132,382.50 462,382.50 594,765.00 08/01/2012 --125,617.50 125,617.50 - 02/01/2013 345,000.00 4.150%125,617.50 470,617.50 596,235.00 08/01/2013 --118,458.75 118,458.75 - 02/01/2014 355,000.00 4.200%118,458.75 473,458.75 591,917.50 08/01/2014 --111,003.75 111,003.75 - 02/01/2015 375,000.00 4.250%111,003.75 486,003.75 597,007.50 08/01/2015 --103,035.00 103,035.00 - 02/01/2016 390,000.00 4.300%103,035.00 493,035.00 596,070.00 08/01/2016 --94,650.00 94,650.00 - 02/01/2017 405,000.00 4.400%94,650.00 499,650.00 594,300.00 08/01/2017 --85,740.00 85,740.00 - 02/01/2018 425,000.00 4.600%85,740.00 510,740.00 596,480.00 08/01/2018 --75,965.00 75,965.00 - 02/01/2019 440,000.00 4.800%75,965.00 515,965.00 591,930.00 08/01/2019 --65,405.00 65,405.00 - 02/01/2020 465,000.00 4.900%65,405.00 530,405.00 595,810.00 08/01/2020 --54,012.50 54,012.50 - 02/01/2021 485,000.00 5.000%54,012.50 539,012.50 593,025.00 08/01/2021 --41,887.50 41,887.50 - 02/01/2022 510,000.00 5.100%41,887.50 551,887.50 593,775.00 08/01/2022 --28,882.50 28,882.50 - 02/01/2023 535,000.00 5.200%28,882.50 563,882.50 592,765.00 08/01/2023 --14,972.50 14,972.50 - 02/01/2024 565,000.00 5.300%14,972.50 579,972.50 594,945.00 Total $5,625,000.00 -$2,677,682.50 $8,302,682.50 - Ser 08 $5M GO TIF 15 Yrs | SINGLE PURPOSE | 10/15/2008 | 8:44 AM Ehlers & Associates Public Finance Page 3 St Louis Park, MN $5,625,000 G.O. Tax Increment Bonds, Series 2008B $5,000,000 Net Project Costs - 15 Year Term Capitalized Interest through 2/1/2011 Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars $55,057.50 Average Life 9.788 Years Average Coupon 4.8634291% Net Interest Cost (NIC)4.9655951% True Interest Cost (TIC)4.9673332% Bond Yield for Arbitrage Purposes 4.8341576% All Inclusive Cost (AIC)5.0775979% IRS Form 8038 Net Interest Cost 4.8634291% Weighted Average Maturity 9.788 Years Ser 08 $5M GO TIF 15 Yrs | SINGLE PURPOSE | 10/15/2008 | 8:44 AM Ehlers & Associates Public Finance Page 4