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HomeMy WebLinkAbout2008/11/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA NOVEMBER 3, 2008 Box Lunches Provided for Council 6:00 p.m. CLOSED EXECUTIVE SESSION – WESTWOOD ROOM 1. Update on ARINC Litigation Settlement (with City Attorney) 6:30 p.m. SPECIAL STUDY SESSION – COUNCIL CHAMBERS DISCUSSION ITEM 1. Vision St. Louis Park Strategic Direction/Focus Area Update Focus Area: • Working in areas such as the rehab loan program, development projects, permits etc, encourage (and provide incentives where appropriate) green building design (LEED), creation of open spaces, environmental innovations, etc. WRITTEN REPORT 2. Payroll Transition Plan 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations -- None 3. Approval of Minutes 3a City Council Study Session Minutes October 13, 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 Meeting of November 3, 2008 City Council Agenda 6. Public Hearings – None 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. 2009 Employer Benefits Contribution Recommended Action: Motion to Approve Resolution Establishing 2009 Employer Benefits Contribution 8b. First Reading of Zoning Ordinance Amendments relating to Communication Towers and Antennas Recommended Action: Staff requests Council to continue First Reading of Ordinance and refer the proposed ordinance to the Planning Commission for review and public comment 8c. Zoning Ordinance Amendments for Institutional Uses in Residential Districts Recommended Action: Motion to Adopt First Reading of Zoning Ordinance amendments to require conditional use permits (CUP’s) for institutional uses in residential zoning districts and set second reading for November 17, 2008. 8d. Proposed Settlement Agreement --- ARINC Recommended Action: Authorize the Mayor and City Manager to sign a settlement agreement with ARINC on behalf of the City of St. Louis Park, and to issue a joint statement regarding said settlement agreement. 8e. Resolution of Support - Southwest Transitway Recommended Action: Motion to Adopt Resolution requesting that Southwest Transitway be given high priority in the Metropolitan Council’s 2030 Transportation Policy Plan (TPP). 9. Communication Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of November 3, 2008 City Council Agenda 4. CONSENT CALENDAR 4a. Approve Second Reading to Adopt Ordinance amending Section 6-179 and several sections in Chapter 8 relating to Business and Contractor Licensing, approve summary, and authorize publication 4b. Approve Second Reading of Ordinance approving the vacation of a portion of a drainage and utility easement at 4210 28th Street West; and to approve the summary and authorize publication, contingent upon the applicant providing a replacement easement 4c. Approve Second Reading of Ordinance adopting fees for 2009 as outlined in Appendix A of the City Code of Ordinances, approve summary, and authorize publication 4d. Approve Change Order No. 2 to Contract 80-08 - Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500 4e. Adopt Resolution establishing a special assessment for the repair of the water service line at 1421 Kentucky Avenue South 4f. Approve and Authorize execution by the Mayor and City Manager of the attached Purchase Agreement for 5718 Goodrich Avenue. 4g. Adopt a Resolution establishing a Debt Policy, Fund Balance Policy, and modifying the Investment Policy. 4h. Adopt Resolution establishing a special assessment for the repair of the water service line at 3028 Idaho Avenue South 4i. Approve for filing Parks and Recreation Advisory Commission Minutes September 17 2008 4j. Approve for filing Vendor Claims St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting Date: November 3, 2008 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: CLOSED EXECUTIVE SESSION TITLE: Update on litigation proceedings/settlement agreement with ARINC. RECOMMENDED ACTION: No formal action is requested. POLICY CONSIDERATION: Not applicable. BACKGROUND: City Attorney Tom Scott will update the City Council in a Closed Executive Session on litigation proceedings and a proposed settlement agreement with ARINC. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Meeting Date: November 3, 2008 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vision St. Louis Park Strategic Direction/Focus Area Update. Focus Area: • Working in areas such as the rehab loan program, development projects, permits etc, encourage (and provide incentives where appropriate) green building design (LEED), creation of open spaces, environmental innovations, etc. RECOMMENDED ACTION: Staff requests to discuss and receive City Council feedback on methods by which the City can further encourage green building in the community; particularly when public financing is involved. POLICY CONSIDERATION: As the Vision evolves it is becoming apparent that developing a municipal “green policy” needs to be a comprehensive effort. St. Louis Park, along with communities statewide, are looking to provide leadership on ways to “go green” through meaningful local actions. But what is green? And how is a “greener city” made a reality through practical, meaningful and measurable actions at the local level? Rick Carter, Vice President, LHB, will make a presentation to the City Council on the benefits of sustainable building design and development. Staff hopes to receive feedback on the presentation and how it could help frame a proposed Green Building/Sustainability Policy for the City. BACKGROUND: On May 12 the City Council discussed the Vision St. Louis Park Strategic Direction focus area of Expanding Energy Efficiencies in the City’s operations. During this discussion the City Council discussed adopting a policy on incorporating LEED principles and methods into the design and construction of all new/remodeled City buildings. At the September 22, 2008 study session staff presented a Vision St. Louis Park Strategic Direction/Focus Area Update on green building design and development. Included within that staff report was a recommendation to continue educating City officials on green building and design. As a result, Mr. Carter has been invited to provide the Council with greater clarity on the topic. Mr. Cater will discuss the benefits of green buildings which include: • Reducing the impacts of natural resource consumption Benefits • Reducing energy and stormwater utility costs • Minimizing strain on local infrastructure • Improving indoor air quality for employees • Increasing employee productivity Meeting of November 3, 2008 (Item No. 1) Page 2 Subject: Vision St. Louis Park Strategic Direction/Focus Area Update – Green Building & Development • Attracting and retaining quality employees • Reducing employee absenteeism He will also discuss what measures Minneapolis and St. Paul have adopted (or are actively considering) to encourage a green built environment (buildings and sites) and what St. Louis Park may wish to consider through City/EDA policy and practice. FINANCIAL OR BUDGET CONSIDERATION: Incorporating sustainable features within building projects may require greater capital costs initially however, if done correctly, will likely lead to even greater utility savings over time. VISION CONSIDERATION: St Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Attachments: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: November 3, 2008 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Payroll Transition Plan RECOMMENDED ACTION: No action required at this time. This is a written report for information sharing purposes. POLICY CONSIDERATION: None. BACKGROUND: Due to long standing issues with the City’s payroll approach, staff is proposing changes to our system in 2009. What follows is a description of our current system, the issues with it, and the approach to addressing these issues. How do we currently issue pay? The City has historically paid benefit-earning staff and Council members on an “up-to-date” payroll schedule. This means that when employees receive a paycheck on Friday morning, they are being paid for that day in advance of actually working it. Employees who resign or retire on a payday do not receive a follow-up check two weeks later due to this up-to- date system. To complicate matters, leave taken is recorded on the following timesheet. That means even though pay is up-to-date, leave use and overtime are delayed two weeks. This is very confusing for many employees. Seasonal and temporary employees are on a separate pay cycle that is a delayed payroll by two weeks. Finally, paid-on-call firefighters are paid monthly. Is there a problem with the current system? Lack of a delayed pay system for our benefit earning employees is a problem we need to address. A recent State Auditor’s opinion (March 2007) states that “there should be a delay or hold-back period between the end of the pay period and the date of payment to allow for review, approval, and processing” of payroll. We are not in compliance with this recommended practice. Up-to-date payroll also causes difficulty in situations where an employee moves into a leave without pay situation and/or resigns after payroll has been processed. Since the record of leave use actually follows by two weeks, Payroll staff are not always aware of the actual work hour status of someone in this situation. In these cases, Payroll staff must stop pay and/or recover overpayment in the next issuance of the payroll check. If this employee leaves employment, there is no method to recover overpayment due to leave without pay. Meeting of November 3, 2008 (Item No. 2) Page 2 Subject: Payroll Transition Plan Lastly, under the current payroll system, Human Resources and our employees are not able to take advantage of online and paperless methods for timesheet entry, employee self-service (for access to leave accrual reports and personal information), and other helpful electronic methods of information sharing. How will the transfer happen? The City will transition the payroll system to a two-week delay in 2009. In order to accomplish the transition, beginning on April 13, 2009, employee and Council paychecks will be delayed by one business day for 10 payroll cycles. In other words, instead of receiving a check every 10 business days, employees and Council will receive a check every 11 business days until the two-week delay is achieved. This does not change how much employees are paid, just when employees receive their check. Employees who leave employment with the City will receive their final paycheck two weeks later. The attached payroll calendar shows pay dates for 2009. Have employees been notified? Employees were initially notified of this transition in April, 2008 through the Benefits Committee which has members from all employee groups. Union business agents were notified in June, 2008. A letter was distributed to all employees in June, 2008. Human Resources and Finance staff have held 17 meetings with employee and union groups to meet and confer and explain the transition, gather feedback, and answer questions. A notice was sent again to employees in October about the transition for 2009. Is there a way to make this easy for employees? The City wants to make this transition as easy as possible for employees. Therefore, staff has worked with the City attorney and labor consultant to create a hardship mitigation plan for employees who need financial assistance during the transition. This plan allows employees to enroll to receive 40 hours of forward pay at the beginning of the transition that must be repaid after the transition is complete. This repayment would be made via adjustments to the employee’s payroll after the transition period has ended. In order for this plan to be available to bargaining group employees, a Memorandum of Agreement has been drafted that allows for this type of payroll adjustment for each union group. We provided information to each union and are working with them to determine if they want this hardship mitigation plan available to their members. In addition, the City has worked with the Park Schools Credit Union to offer employees a checking account with a free line of credit, which employees can take advantage of during the transition to a delayed payroll. Any questions or concerns about the payroll transition can be directed to Human Resources. Meeting of November 3, 2008 (Item No. 2) Page 3 Subject: Payroll Transition Plan FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Employee Notification Letters 2009 Payroll Calendar Credit Union Flyer Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager June 19, 2008 «Mailing__Name» «Address__Line_1» «City__», «ST__» «Postal__Code» Dear «Mailing__Name», This letter is to notify you of upcoming changes to the City of St. Louis Park payroll calendar for 2009. As you may know, the City of St. Louis Park has for many years paid benefit-earning employees on an “up-to-date” payroll schedule. This means that when you receive a paycheck on a Friday morning, you are paid for that day and given your leave accrual in advance. However, overtime worked and leave used follow on the next paycheck (a two-week delay). Employees who resign or retire on a payday do not receive a follow-up check two weeks later, unless there were overtime hours worked. This system is confusing for employees and complicates the accounting process. In addition, our payroll system (JD Edwards, supported by LOGIS) has introduced some exciting new features including online timesheet entry, employee self-service, online storage of W-2 reports, check stubs, leave usage reports, and other useful information. However, these convenient web- based employee access functions are not possible with our current up-to-date payroll system. The problems and missed opportunities we are experiencing with our current payroll structure are making it evident that a change is needed in our payroll system in order to provide the best service possible to our employees. Therefore, a gradual change will occur in 2009 that will allow our payroll cycles to process on a two-week delay. In order to accomplish this change, beginning on April 13, 2009, your paycheck will be delayed by 1 business day for 10 payroll cycles. In other words, instead of receiving a check every 10 business days, you will receive a check every 11 business days until we have achieved a two-week delay. This will not change how much you are paid, just when you receive your check. When you leave employment with St. Louis Park, you will receive your final check two weeks later. The enclosed 2009 payroll calendar shows the pay dates with the delay beginning on April 13, 2009. Your August 28, 2009 paycheck will be the last check in the transition period and will be for hours worked August 1 – 14, 2009. All paychecks after August 28 will be back on the 2-week payroll cycle (every other Friday). Meeting of November 3, 2008 (Item No. 2) Subject: Payroll Transition Plan Page 4 During this transition period (April – August, 2009), employees will need to plan in advance for house, car, insurance, or other payments that may be due or paid automatically on Friday pay days. I do understand the inconvenience that this will cause you and your families and appreciate your cooperation. It is my hope that the benefits of providing better and more payroll information to you will outweigh these inconveniences. Over the next 10 months, please take the upcoming payroll changes into consideration in order to minimize your inconveniences. In cases of extreme financial hardship, we may be able to work out some arrangement for financial assistance on a case by case basis. More information about this will be provided as details are finalized. I will be visiting each division/department in the coming weeks to present this information in person and provide you with an opportunity to ask questions about the planned payroll change. I will also periodically remind you of the upcoming change during the next ten months. I’m open to comments or questions in the meantime and can be reached directly at afosse@stlouispark.org or 952-928-2846. Thank you for your time and patience as we continue to seek ways of providing new and better service to our employees. Sincerely, Ali Fosse HR Coordinator Enc: SLP 2009 Payroll Calendar and Pay Dates Meeting of November 3, 2008 (Item No. 2) Subject: Payroll Transition Plan Page 5 October 8, 2008 «Mailing__Name» «Address__Line_1» «City__», «ST__» «Postal__Code» Dear «Mailing__Name», As you know, you received a letter dated June 19, 2008 regarding upcoming changes to the City of St. Louis Park payroll calendar for 2009. This change will make our payroll compliant with the State Auditor’s opinion on payroll procedures. In July, Finance Director Bruce DeJong and I met with staff regarding the planned change to delayed payroll. Thank you for your thoughtful comments and suggestions provided during the past few months. I appreciate the time you’ve taken to consider all the aspects of this change. When will the change in payroll start? The transition to a delayed payroll will commence as planned in April, 2009. Pay dates for next year are shown on the enclosed 2009 payroll calendar. We are providing a lengthy advance notice of this change to allow employees to plan for this transition. Remember to check your automated payments or billings you may have set up in your personal accounts, and make changes as needed based on this schedule. Financial Hardship Accommodation (FHA): And, because we want to make this transition as easy as possible for you, the City has designed a plan to make a one-time accommodation for employees with cases of extreme financial hardship (draft enrollment form for financial hardship program enclosed). For employees who enroll in this plan, a forward check for 40 hours will be provided on April 10, 2009. This forward payment will result in the checks you receive during the eight pay periods from September – December 2009 to be reduced by five hours of pay per pay period to recover the 40 hours of pay. (An adjustment in hours will be made for shift employees in the Fire Dept based on the 1.4 conversion). Unfortunately, accrued leave, holidays, or frozen leave are not eligible to be used for this plan. Union members: please contact your union stewards about your option to participate in the FHA plan. When to enroll for FHA: An enrollment window will be provided in March, 2009 and you can decide at that time if you need to enroll in this one-time only FHA plan. Credit Union program: Also, the Park Schools Credit Union wants you to know that they can help with the payroll delay. If you sign up for a checking account, they have a program which has an overdraft line of credit. Information from the Credit Union is enclosed. Sincerely, Ali Fosse HR Coordinator Encl: 2009 payroll calendar/Draft Hardship Plan Credit Union info Meeting of November 3, 2008 (Item No. 2) Subject: Payroll Transition Plan Page 6 2009 PAY DATES IN 2009 - TRANSITION TO DELAYED PAYROLL KEY S M T W T F S S M T W T F S Holiday 1231234567 Pay Day 4 5678910 8 9 1011121314 Pay period end 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 SMTWTFS SMTWTFS 1 234567 1234 8 9 1011121314 5 67891011 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 SMTWTFS SMTWTFS 1 2 123456 3 45678978 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SMTWTFS SMTWTFS 1234 1 5 67891011 2 345678 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 SMTWTFS SMTWTFS 12345 123 6 7 8 9 10 11 12 4 5678910 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 19 20 21 22 23 24 27 28 29 30 25 26 27 28 29 30 31 SMTWTFS SMTWTFS 1 234567 12345 8 91011 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 1 JANUARY JULY FEBRUARY MARCH APRIL MAY JUNE AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Meeting of November 3, 2008 (Item No. 2) Subject: Payroll Transition Plan Page 7 Meeting of November 3, 2008 (Item No. 2) Subject: Payroll Transition Plan Page 8 Meeting Date: November 3, 2008 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION October 13, 2008 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, C. Paul Carver, Loran Paprocki and Sue Sanger. Council members absent: John Basill, Phil Finkelstein and Paul Omodt. Staff present: City Manager (Mr. Harmening), Chief Information Officer (Mr. Pires), Community Development Director (Mr. Locke), Director of Public Works (Mr. Rardin), Director of Inspections (Mr. Hoffman), Fire Chief (Mr. Stermmer), Finance Director (Mr. DeJong), Assistant Finance Director (Mr. Swanson), Deputy City Manager/Human Resource Director (Ms. Gohman), Police Chief (Mr. Luse), Superintendant (Mr. Altepeter), and Recording Secretary (Ms. Larrea). Guest: Jeff Oertel (President Oertel Architects), and Deb Brandwick (Project Architect Oertel Architects). 1. Future Study Session Agenda Planning -- October 20 and October 27, 2008 Mr. Harmening presented the staff report. On Monday, October 20, 2008 there will be a special study session regarding the ordinance relating to towers and antennas. 2. 2009 Budget Mr. Harmening presented the report to the Council. Staff is recommending that budget changes be discussed by the Council in preparation for Truth-in-Taxation meeting and final budget adoption. The recommendations provided in this report provide for a balanced budget, but still assumes a 6.27% levy adjustment. Mr. Harmening also explained that the proposed budget assumed the use of some fund balance due to significant permit revenues received in 2008. Mr. DeJong presented to the Council regarding the future budget and the changes that they have made to it. Councilmember Carver asked if the cost of the permits covers the cost of the inspection. Mr. DeJong responded that it is not one to one. There is a development process for getting approval on a permit and the City does not charge people up front. The City takes people through a process and when they do the project the permit fees are part of the cost of doing the project. Councilmember Carver noted it is a net zero and continued that it shouldn’t be a loss and should include all of the overhead. Mayor Jacobs stated that he was in agreement with using fund balance to cover a portion of the gap. Meeting of November 3, 2008 (Item No. 3a) Page 2 Subject: City Council Study Session Minutes October 13, 2008 Councilmember Sanger had questions on how the staff was able to cut $144,000 on healthcare. Ms. Gohman noted that the original cost was estimated at $70 per employee but they were able to get a plan at $30 per employee. It is the same plan and the same product. Councilmember Sanger questioned the storage of the Wifi equipment. Mr. Harmening responded that there are two storage needs. The first is general storage for the city and storage for the WiFi equipment. This was budgeted for 2009 and the staff has decided to take $20 out of the $40 used for WiFi storage and move it to another fund. Councilmember Sanger questioned the reduced budget for graffiti cleanup. Police Chief Luse responded that most residents were calling inspections so the budget was moved from the police department to the inspection department. The budget has not changed, it just moved departments. Councilmember Sanger noted that she would like to look at splitting with the school the cost of the police liaison if the school had some additional revenue. Mayor Jacobs questioned how the Council felt about this and noted that he felt it should be left as it is. Councilmember Paprocki agreed with the Mayor Jacobs. Mr. Harmening stated that what he was hearing from the Council was that staff should move forward with using fund balance for 2009 on a one time occasion. He questioned the Council on the levy, what was a ballpark number the Council might want to end up at? Councilmember Sanger responded she would like to stay right where they are unless the state says the threshold is lower. Councilmember Paprocki would like to leave their options open and keep in mind that everyone is having budget issues. Mayor Jacobs noted that the Council has to be very careful and keep their options open. Councilmember Carver noted that they need to keep their options open but they also have to prepare to tighten their belts. Mr. Harmening stated that staff knew that the Council would want a hold on the line budget and that they are seeing a budget that is status quo. Mr. Harmening indicated that when staff returns to Council for the next budget discussions, staff would provide budget alternatives to the Council. Meeting of November 3, 2008 (Item No. 3a) Page 3 Subject: City Council Study Session Minutes October 13, 2008 3. Municipal Service Center Project Facilities Planning Update Mr. Hoffman presented to the Council regarding completion of a needs assessment and design possibility for the MSC remodel and expansion. Development of a final design and full construction drawings would need to start soon to enable construction during 2009. This project must occur first before the necessary construction of the fire stations to provide a location for Utilities Division to relocate into. Mr. Oertel from Oertel Architects presented to the Council regarding the Needs Assessment Study completed on the Municipal Service Center site. The concept design provides for current and future operational needs. The estimated costs presented in the report are for a good building, something that is going to last for years using durable materials. Mr. Hoffman stated that it is possible to do this but the City needs to find out how they want to do things and the best way to do it. Staff is looking for direction from Council to commit to a consulting contract to design the building. This would allow the city out for bids in March of 2009 and planning for construction beginning late spring. Mayor Jacobs noted that if they are going to build a building he would like to make sure that they do it right. This includes looking at wind generation, solar panels, extra insulation, etc. He would like to see options and see the cost benefits analysis. He is okay with spending a little more money upfront and saving money in the long run. Councilmember Sanger questioned why they are considering moving engineering staff. Mr. Harmening answered that there is a space issue at City Hall and some departments are split. Mr. Harmening noted that he wanted to see what the cost implications would be if engineering and public works were moved to the Municipal Service Center. It is still in discussion. Mr. Oertel noted that this plan would have the ability to move part or all of the public works engineering and administrative divisions if needed. Councilmember Sanger questioned if this building was being built with accommodation for future explanation. Mr. Oertel said that there wasn’t a lot of space to begin with but this plan does build in some flexibility for changes. Councilmember Sanger asked why there aren’t airlocks. Mr. Oertel noted that there is a requirement to exhaust air with vehicles running. You can be as good as you want with insulation but no matter what, you are sucking air-out and bringing in that cold or warm air. Good energy savings products for the City to consider would be a heat exchanger or a high speed door, they cost 5-7 times the amount of a regular door but they can save on heating. Councilmember Paprocki noted that he would like to look into leaving space for bike racks in the front of the building for the near by businesses with the idea in mind that the LRT will be near by. Meeting of November 3, 2008 (Item No. 3a) Page 4 Subject: City Council Study Session Minutes October 13, 2008 Mr. Harmening noted that the next step is doing detail design on this building if the City wants to be under construction in 2009. Staff has gone as far as they can go without going into design. Councilmember Carver felt that they need to look at the pay back on some of these energy conserving items like rapidly opening and closing doors. They need to have a report on how many years for the pay back. Council consensus was that staff should more forward on the detailed design of this project. 4. Facilities/ Infrastructure Financing Plan Mr. Harmening presented to the Council the potential financing plan for new city facilities and two major infrastructure projects scheduled to be undertaken over the next 5 years. Mr. DeJong presented to the staff regarding a summary of the projects included in the financing package: MSC The approximate total cost of this project is $6 million. This project would be paid through a combination of approximately $2 million in cash on hand and utility revenue bonds. Park Place Boulevard The approximate total cost of this project is $5 million. The City needs to bond for the project cost and related capitalized interest until the district actually begins generating increment. Highway 7 & Wooddale Ave Grade Separated Crossing The approximate total cost of this project is $20,700,000 million. Funding sources identified thus far include approximately $6 million in federal funds, approximately $2 million from MnDOT in cash and in-kind contributions, $3.2 million of pooled TIF dollars used to acquire property and $8.6 million in funding from the Elmwood TIF district. Summer Ridge Housing Improvement Area The approximate total cost of this project is $5 million. This amount is in excess of what the City can fund internally. If approved, this debt would be issued on a taxable basis, so the City would retain the full $10 million bank qualification in 2009. Fire Station #1 The approximate total cost of this project is $8 million. It is proposed that $3 million from the Fire Pension Fund will be the equity contribution leaving $5 million in bonding in 2009. Please note that using $3 million from the Fire Pension Fund would exhaust all of the resources in the account. Fire Station #2 The approximate total cost of this project is $4.4 million. The staff does not intend to begin the financing process until the main station is completed. Meeting of November 3, 2008 (Item No. 3a) Page 5 Subject: City Council Study Session Minutes October 13, 2008 Highway 7 & Louisiana Ave Grade Separated Crossing The approximate total cost of this project is $20,000,000 million. Funding sources identified thus far include approximately $7 million in federal funds. At this point no other funding sources have been identified other than the City. Mayor Jacobs questioned how much the City would be borrowing as compared to the City’s limit. Mr. DeJong responded that they are no where near the capacity that they are allowed to borrow by the State. Mr. Harmening noted that the bonds will go up significantly next year for the levy but this will be skewed because you have to look at the new tax increments that they will be bringing in. He also noted that the City will have to do a good job explaining this. Mr. DeJong discussed the impact of the debt services funds and that staff is making sure that this does not have a dramatic impact on the taxpayers. 5. City Manager’s 2008 Performance Evaluation Council discussed which process to use for the annual evaluation of the City Manager. The two options included using a 360 Evaluation and going through a General Evaluation Process facilitated by a consultant. It was the consensus of the Council to use the 360 Evaluation for the annual evaluation of the City Manager. 6. Communications (Verbal) The Southwest LRT meeting is tomorrow. Councilmember Sanger and Councilmember Paprocki will be attending the meeting. The staff would like a group photo and individual photos of the Councilmembers on the website. Staff would like schedule a time to take a group photo. The meeting adjourned at 9:00 p.m. Meeting of November 3, 2008 (Item No. 3a) Page 6 Subject: City Council Study Session Minutes October 13, 2008 Written Reports provided and documented for recording purposes only: 7. Proposed Amendment to Business Licensing Chapter- Vacant Properties 8. Hoigaard Village Update & Environmental Assessment Worksheet 9. Surface Water Management Plan Update 10. Residential Survey Update- Vision St. Louis Park 11. Proposed Amendments to the City Charter 12. Fire Station Site Expansion Purchase Agreements 13. Proposed Community Residential Facility License ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: November 3, 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: Second Reading of Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing. RECOMMENDED ACTION: Motion to Approve Second Reading to Adopt Ordinance amending Section 6-179 and several sections in Chapter 8 relating to Business and Contractor Licensing, approve summary, and authorize publication. POLICY CONSIDERATION: Does the Council wish to approve the ordinance for second reading as presented? BACKGROUND: On October 20, 2008, Council approved first reading without change and set second reading for November 3, 2008. The following summary highlights the effects of this ordinance. Licenses Division 1. Generally Sec. 8-36 In the event of a license suspension or revocation, as a result of violating City Code, the proposed amendment requires license applicants to complete a new license application, submit payment of the current license fee and a re-instatement fee. The proposed fee for license re-instatement is $250 and is included into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Food and Beverage Establishments Sec.8-257 The proposed Class E food license would apply to multi-site educational facilities with food and beverage services. Establishments meeting the requirements will complete only one application for all sites with a fee to reflect the cost of service being provided at their facilities. The proposed fee for a Class E food license is $2,800 and has been inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Establishing a requirement for each catering vehicle to be issued an annual license decal will enable Health Inspections to know which vehicles have been inspected and approved. The proposed fee for Catering Vehicle Decal is $75 and has been inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. During first reading Council inquired if a pizza delivery vehicle requires a decal and inspection. The ordinance will apply only to vehicles being used for catering and not privately owned cars for pizza delivery. Meeting of November 3, 2008 (Item No. 4a) Page 2 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Therapeutic Massage Establishments Sec. 8-297 Establishing minimum requirements for cleaning, lighting, hand washing, and sanitation as a condition of licensing provides consistent standards for the physical space to properly operate a therapeutic massage establishment. The ordinance will also require applicants of new establishments to provide a copy of their current government issued identification and complete an application addendum for a background check to be completed by the Police Department. Council inquired during first reading that if a business is sold, is the new owner subject to a background check. Yes, as part of the license transfer application process, a background check will occur. Mechanical Contractor Sec. 8-112 Exemptions Adding an exemption to mechanical contractor licensing will allow installers to replace and or re- connect a gas stove or gas clothes dryer in a home. This work is relatively simple without the need for installation of gas piping and competency licensing. This change will allow the work to be completed by plumbers or appliance stores providing delivery and installation services to homeowners. Tree Maintenance Contractor Sec.8-161 through 8-165 The proposed changes would keep the program current with industry practice and help ensure that licensed contractors are performing acceptable work within the community. The changes proposed include: • Providing proof that a 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 standards. Payment of Property Taxes on Licensed Premises Sec. 8-188 – The proposed amendment will reduce the notice provided of pending license suspension for non- payment of property taxes from 30 days to 10 days on repeat violations within two years. This clarifies that property taxes must be paid when due and the appeals process for failure to pay taxes will not be available for extending the delinquency before suspension action is taken on repeat violations. Council inquired at first reading if a licensed business leasing space and the property owner has not paid the property taxes, what happens to that business. As is currently the case, the license will be suspended if the property taxes are not current. Certificate of Property Maintenance Sec. 6-179 Property Maintenance Certificates for condominium units will become valid for two years after being issued to allow a reasonable time for sale of the unit. Proposed changes would also allow any property seller to request a one-year extension of the certificate if the property has not sold within one year from when the certificate was issued. A reduced fee will cover a quick re-inspection will occur to determine the property is still in compliance with the minimum property maintenance Meeting of November 3, 2008 (Item No. 4a) Page 3 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing code. The proposed fee for extending the certificate is $50 and has been inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Rental Licensing Sec. 8-326 The current licensing exemption for townhomes and condominium/cooperative dwelling units would be eliminated. These units would be treated as other rental properties and subject to the property maintenance inspections and Crime Free/Drug Free components. The proposed fee is $70 per townhome/condominium/cooperative dwelling unit and has been inserted into the second reading of the 2009 Fee Schedule Appendix A on November 3, 2008. Owners would be required to have valid licenses by January 1, 2009. Vacant buildings would be included in the rental licensing and inspection program with these changes. The standard annual license fee would apply. Council inquired when would the owner need to contact the city for licensing a vacant property. A license will be required once the property has been vacant for six months. Changes to inspection and license programs within this ordinance would take effect January 1, 2009. This provides time for notification and processing of licenses. FINANCIAL OR BUDGET CONSIDERATION: Proposed 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. License fees are included with the second reading of the 2009 Fee Schedule Appendix A. VISION CONSIDERATION: Not applicable. Attachments: Ordinance Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 4a) Page 4 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing ORDINANCE NO. ____-08 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 fees, investigations, inspections or other professional fees incurred due to the licensee’s violation of applicable laws, ordinances, regulations and conditions of the license. Meeting of November 3, 2008 (Item No. 4a) Page 5 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing 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 November 3, 2008 (Item No. 4a) Page 6 Subject: Second Reading 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 November 3, 2008 (Item No. 4a) Page 7 Subject: Second Reading 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 November 3, 2008 (Item No. 4a) Page 8 Subject: Second Reading 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 November 3, 2008 (Item No. 4a) Page 9 Subject: Second Reading 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. (Ord. No. 2334-07, 08-10-2007) Meeting of November 3, 2008 (Item No. 4a) Page 10 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing 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. 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. Meeting of November 3, 2008 (Item No. 4a) Page 11 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing 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 November 3, 2008 (Item No. 4a) Page 12 Subject: Second Reading 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 November 3, 2008 (Item No. 4a) Page 13 Subject: Second Reading 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 November 3, 2008 (Item No. 4a) Page 14 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Section 9. Effective Date: This ordinance shall take effect January 1, 2009. First Reading October 20, 2008 Second Reading November 3, 2008 Date of Publication November 13, 2008 Date Ordinance takes effect January 1, 2009 Reviewed for Administration: Adopted by the City Council November 3, 2008 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting of November 3, 2008 (Item No. 4a) Page 15 Subject: Second Reading Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing SUMMARY ORDINANCE NO. _____-08 AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-179 AND CHAPTER 8, SECTIONS 8-36, 8-112, 8-161 THROUGH 8-165, 8-188, 8-257, 8-296 THROUGH 8- 297, AND 8-326 THROUGH 8-332 THE ST. LOUIS PARK CITY CODE OF ORDINANCES CONCERNING PROPERTY MAINTENANCE AND BUSINESS AND CONTRACTOR LICENSES. This ordinance amends City of St. Louis Park Ordinance Sections 6-179, 8-36, 8-112, 8-161-165, 8-188, 8-257, 8296-297, and 8-326-332 of the Property Maintenance Code and various Contractor and Business Licenses. This ordinance shall take effect January 1, 2009. Adopted by the City Council November 3, 2008 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in the St. Louis Park Sailor: November 13, 2008 Meeting Date: November 3, 2008 Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West. RECOMMENDED ACTION: Motion to Approve Second Reading of Ordinance approving the vacation of a portion of a drainage and utility easement at 4210 28th Street West; and to approve the summary and authorize publication, contingent upon the applicant providing a replacement easement. POLICY CONSIDERATION: None. BACKGROUND: The Council approved the first reading of an Ordinance vacating a drainage and utility easement at 4210 28th Street West on October 20, 2008. The vacation will permit the construction of one single family home on an existing lot. To the west of the site is an 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. It was determined that the vacation is appropriate as 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. Before the vacation becomes effective, it is required that the applicant file with the County a new drainage and utility easement more accurately reflecting the drainage conditions on the site. FINANCIAL OR BUDGET CONSIDERATION: None. Meeting of November 3, 2008 (Item No. 4b) Page 2 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West 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 Summary Ordinance Location Map Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke. Community Development Director Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 4b) Page 3 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West ORDINANCE NO.____-08 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 & 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 the east 6.00 feet thereof; ALSO EXCEPT that part lying westerly of a line described as follows: Commencing at said northeast corner; thence southerly along said east line a distance of 70.00 feet; thence deflecting to the right 89 degrees 23 minutes 55 seconds a distance of 60.03 feet; thence northerly perpendicular to the last described line a distance of 12.65 feet; thence deflecting right 32 degrees 15 minutes 03 seconds a distance of 8.70 feet to the first described line, and said line there terminating. 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 November 3, 2008 (Item No. 4b) Page 4 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Section 4. This Ordinance shall take effect fifteen days after its publication. First Reading October 20, 2008 Second Reading November 3, 2008 Date of Publication November 13, 2008 Date Ordinance takes effect November 28, 2008 Adopted by the City Council November 3, 2008 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of November 3, 2008 (Item No. 4b) Page 5 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West SUMMARY ORDINANCE NO.____-08 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT 4210 28TH STREET WEST This ordinance states that a portion of the drainage and utility easement at 4210 28th Street West will be vacated. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council November 3, 2008 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: November 13, 2008 Meeting of November 3, 2008 (Item No. 4b) Page 6 Subject: Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Meeting Date: November 3, 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: Second Reading of an Ordinance Adopting Fees for 2009. RECOMMENDED ACTION: Motion to Approve Second Reading of Ordinance adopting fees for 2009 as outlined in Appendix A of the City Code of Ordinances, approve summary, and authorize publication. POLICY CONSIDERATION: Does the Council agree with the proposed revisions to the 2009 fee schedule to reflect adjustments to fees charged for programs and services called for by ordinance? BACKGROUND: Sec. 1-19 of the St. Louis Park Ordinance Code states that fees called for within individual provisions of the Code are to be set by ordinance and listed as Appendix A of the Code. Fees must also be reviewed and reestablished annually. The Finance Director has worked with individual departments to complete this review and their recommendations are included in the attached ordinance. On October 6, 2008, Council approved first reading of the fee schedule and set second reading for October 20, 2008. As requested by Council, Staff amended the rental fees to include “cooperatives units” in the fee schedule. Second reading of the fee schedule was delayed until November 3, 2008 to allow Council time to consider proposed amendments to Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing on October 20, 2008. New and revised license and business fees discussed with the Council at the October 20th meeting have been inserted into proposed Appendix A. Fees that have been revised between first and second reading have been italicized in the ordinance. In addition, new fees for the recently adopted potentially dangerous dogs and dangerous dog fees have been inserted into the 2009 Fee Schedule as recommended by City Attorney Tom Scott. A separate public hearing will be held to consider 2009 rates for water, sewer, storm water, and solid waste collection utilities in December 2008. If the attached 2009 Fee Schedule is approved, the fee increases and new fees will be effective January 1, 2009. Meeting of November 3, 2008 (Item No. 4c) Page 2 Subject: Second Reading of an Ordinance Adopting Fees for 2009 FINANCIAL OR BUDGET CONSIDERATION: Each Department Director has reviewed Appendix A of the City Code. Information Resources and Community Development are recommending no increase in their fees for 2009. VISION CONSIDERATION: None at this time. Attachments: Ordinance Prepared by: Marcia Honold, Management Assistant Reviewed by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 4c) Page 3 Subject: Second Reading of an Ordinance Adopting Fees for 2009 ORDINANCE NO. ______-08 ORDINANCE ADOPTING FEES FOR CALENDAR YEAR 2009 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Fees called for within individual provisions of the City Code are hereby set by this ordinance for calendar year 2009. Section 2. The Fee Schedule as listed below shall be included as Appendix A of the City Code and shall replace those fees adopted November 5, 2007 by Ordinance #2345-07 which is hereby rescinded. CHAPTER 1: GENERAL PROVISIONS 1-14 Administrative Penalties First Violation $25 Each Subsequent in Same Calendar Year add $10 to previous fine CHAPTER 3: ALCOHOLIC BEVERAGES 3-59 Liquor License On-sale 3.2 Malt Liquor $750 Off-sale 3.2 Malt Liquor $100 Brewpub Off-sale Malt Liquor $100 Off-sale Intoxicating Liquor $380 Off-sale Intoxicating Liquor fee $280 per M.S. 340A.408 Subd.3(c) On-sale 3.2 Malt Liquor $750 Intoxicating on-sale On-sale Intoxicating Liquor $7,500 Sunday Sale On-sale Sunday Liquor $200 On-sale Wine $2,000 Club (per # members) 1 – 200 $300 201 – 500 $500 501 – 1000 $650 1001 – 2000 $800 2001 – 4000 $1,000 4001 – 6000 $2,000 6000+ $3,000 Wine $2,000 Intoxicating off-sale $200 Temporary (On & Off sale) On-sale Liquor $50/day Meeting of November 3, 2008 (Item No. 4c) Page 4 Subject: Second Reading of an Ordinance Adopting Fees for 2009 Investigation Fees New License Investigation Applicant (non-refundable) $1,000 Store Mgr Investigation New Store Manager $250 $500 On-sale license renewal per M.S. 340A.412 Subd. 2 $500 CHAPTER 4: ANIMALS 4-88 Animal Impound Initial impoundment $20 2nd offense w/in year $30 3rd offense w/in year $40 4th offense w/in year $60 Boarding per day $10 Potentially Dangerous Dog License - 1 year $100 Dangerous Dog License – 1 year $200 Potentially Dangerous Dog Annual Review Hearing $100 Dangerous Dog Annual Review Hearing $250 CHAPTER 6: BUILDINGS & REGULATIONS 6-32, 6-67 Plan Review Building Permits Repetitive building 65% of Permit Fee 25% of Permit Fee for duplicate structure Single Family Interior Remodel Permits 35% of Permit Fee Plumbing Permits 35% of Permit Fee Mechanical Permits 35% of Permit Fee Electrical Permits 35% of Permit Fee Sewer and Water Permits 35% of Permit Fee 6-32 Building and Fire Protection Permits Valuation Base Fee Plus For Each Additional (or fraction thereof) Up to $500.00 $35.50 $42.25 - $500.01 to $2,000.00 $35.50 $42.25 $2.25 $1.80 $100 over $500.01 $2,000.01 to $25,000.00 $69.25 $14.00 $1000 over $2,000.01 $25,000.01 to $50,000.00 $391.25 $10.10 $1000 over $25,000.01 $50,000.01 to $100,000.00 $643.75 $7.00 $1000 over $50,000.01 $100,000.01 to $500,000.00 $993.75 $5.60 $1000 over $100,000.01 Meeting of November 3, 2008 (Item No. 4c) Page 5 Subject: Second Reading of an Ordinance Adopting Fees for 2009 $500,000.01 to $1,000,000.00 $3,233.75 $4.75 $1000 over $500,000.01 $1,000,000.01 and up $5,608.75 $4.25 $1000 over $1,000,000.01 6-32 Electrical permit Installation, replacement, repair $40 $42.50+ 1.75% of job valuation Single family: one appliance $40 $42.50 Installation of traffic signals per location $150 6-32 Mechanical Permit Installation, replacement, repair $40 $42.50+ 1.75% of job valuation Single Family Exceptions: Replace furnace, boiler or furnace/AC $55 $60.00 Install single fuel burning appliance with piping $55 $60.00 Install, replace or repair single mechanical appliance $40 $42.50 6-32 Plumbing Permit Installation, replacement, repair $40 $42.50+ 1.75% of job valuation Single Family Exceptions: Repair/replace single plumbing fixture $40 $42.50 6-32 Sewer and Water Permit (all underground private utilities) Installation, replacement, repair $40 $42.50+ 1.75% of job valuation Single Family Exceptions: Repair/replace sewer or water service $40 $42.50 6-32 Tent Permit Tent over 200 sq. ft. $75 Canopy over 400 sq. ft. $75 6-35 After Hours Inspections $50 $55 per hour (minimum 2 hrs) 6-68 Building Demolition Deposit 1 & 2 Family Residential & Accessory Structures $2,500 All Other Buildings $5,000 Building Demolition Permit 1 & 2 Family Residential & Accessory Structures $150 All Other Buildings $220 Meeting of November 3, 2008 (Item No. 4c) Page 6 Subject: Second Reading of an Ordinance Adopting Fees for 2009 6-69 Certificate of Occupancy For each condominium unit completed after building occupancy $100 Change of Use (does not apply to 1 & 2 family dwellings) Up to 5,000 sq ft $250 $270 5,001 – 25,000 sq ft $400 $420 25,001 to 75,000 sq ft $600 $620 75,001 to 100,000 sq ft 100,000 to 200,000 sq. ft above 200,000 sq. ft $800 $820 $1,000 $1,020 $1,200 $1,220 6-69 Temporary Certificate of Occupancy $50 6-103 Building Moving $500 6-177 Certificate of Property Maintenance Change in Ownership Single Family Dwellings $195 $200 Duplex (2 family dwellings) $275 $285 Condominium /Cooperative Unit $115 $120 Multi-family (apartment) Buildings $250 per building + $12 per unit All other buildings: Up to 5,000 sq ft $250 $270 5,001 – 25,000 sq ft $400 $420 25,001 to 75,000 sq ft $600 $620 75,001 to 100,000 sq ft 100,001 to 200,000 sq ft above 200,001 sq ft $800 $820 $1,000 $1,020 $1,200 $1,220 6-179 Certificate of Property Maintenance Extension $50 6-180 Temporary Certificate of Property Maintenance $50 6-213 ISTS Permit (sewage treatment system install or repair) $125 CHAPTER 8: BUSINESS LICENSING 8-33 General License Fees Commercial entertainment $260 $270 Environmental emission $285 $295 Meeting of November 3, 2008 (Item No. 4c) Page 7 Subject: Second Reading of an Ordinance Adopting Fees for 2009 Food and Beverage High + & large grocery store (25,000 sq. ft. +) High + small grocery store (to 25,000 sq. ft.) $1,180 $1,200 $860 $880 Class H $810 $830 Class M $550 $560 Class L $285 $290 Class E $2,800 Class V - Food vending machine $15 Catering Vehicle Decal $75 Public Sanitary Facilities Class I $780 $790 Class II $420 $430 Class III $260 $270 Massage Therapy Establishment $285 $295 Lodging (Hotel/Motel) Building Fee $130 $150 Unit Fee $8 $8.25 Rental Housing Multiple Family Building $145 Multiple Family per Unit $9 Tobacco products & related device sales $475 $485 Vehicle Parking facilities Parking ramp $135 $140 Enclosed Parking $185 $190 Dog Kennel $135 $140 Billboards $135 per billboard 8-33 Temporary Use Permits Temporary Outdoor Retail Sales $110 Circuses, Carnival and Amusement Rides $260 Petting Zoos $55 $60 Commercial Film Production Application $55 $80 8-36 License Reinstatement Fee $250 8-37 Insurance Requirements Solid Waste $1,000,000 General Liability Tree Maintenance & Removal $1,000,000 General Liability Vehicle Parking Facility $1,000,000 General Liability Meeting of November 3, 2008 (Item No. 4c) Page 8 Subject: Second Reading of an Ordinance Adopting Fees for 2009 Circus $1,000,000 General Liability Mechanical Contractors $1,000,000 General Liability 8-66 Contractor Solid Waste $185 $190 Tree Maintenance $65 $80 Mechanical $90 8-67 Exam Fees (Competency) Mechanical per test $30 Renewal – 3 year Mechanical $20 8-138 Solid Waste – Vehicle Decal $20 8-163 Tree Maintenance & Removal – Vehicle Decal $6 $8 8-191 License Late fee 20% 25 % of license fee (minimum $25 $50) Investigation Fee $300 per establishment requiring a business license 8-192 Transfer of Ownership $60 8-326 Rental Housing License 1 & 2 family rental housing $85 per dwelling unit Single Family Unit $90 per dwelling unit Duplex when both units are licensed $135 per duplex Duplex both sides non-owner occupied $140 per duplex Housing Authority owned single family dwelling units $15 per unit Condominium/Townhouse/ Cooperative per unit $70 per unit Multiple Family $150 per building + $9.25 per unit 8-349 Sexually Oriented Business Investigation fee (High Impact) $500 High Impact $4,500 Limited Impact $125 8-428 Pawnbroker License Fee $2,000 Per Transaction Fee $1.50 Investigation Fee $1,000 Penalty $50 per day 8-514 Temporary Food Service Meeting of November 3, 2008 (Item No. 4c) Page 9 Subject: Second Reading of an Ordinance Adopting Fees for 2009 3+ Days $135 $140 1 – 3 Days $85 $90 Concession - Seasonal $175 $180 Prepackaged food only $40 8-572 Solicitor/Peddler Registration $55 $70 8-602 Dog License Dog License – 1 year $20 Dog License – 2 year $30 Dog License – 3 year $40 Penalty for no license $40 Interim License $10 8-661 Courtesy bench $40 per bench CHAPTER 12: ENVIRONMENT 12-1 Food and Beverage Equipment Permit Installation (Used equipment valued as new) $50 +1.75% permit valuation Plan Review Fee 35% of Permit Fee 12-1 Public Swimming Pools Permit Fees Building permit fees apply 12-2 Private Swimming Pools Permit Fees Building permit fees apply 12-131 Noise Temporary Permit $55 CHAPTER 14: FIRE 14-103 Fireworks Display Permit Actual costs incurred 14-104 Service Fee for fully-equipped and staffed vehicles $440 $500 per hour for a ladder truck $285 $325 per hour for a full-size fire truck $155 $255 per hour for a rescue unit Service Fee of a Chief Officer $85 $100 per hour CHAPTER 16: LAW ENFORCEMENT 16-34 Criminal Background Investigation (Volunteers & Employees) $5 16-35 Administrative fee in certain vehicle forfeiture cases $250 Meeting of November 3, 2008 (Item No. 4c) Page 10 Subject: Second Reading of an Ordinance Adopting Fees for 2009 CHAPTER 18: OFFENSES & MISC PROVISIONS 18-153 False Alarm First $0 Each subsequent in same year $90 Late payment fee 10% CHAPTER 20: PARKS AND RECREATION 20-6 Permit Fee Off-Leash Dog areas $25 St. Louis Park Resident $50 Non-Resident CHAPTER 21: PLANNING 21-33 Official Map Amendment $500 CHAPTER 24: STREETS, SIDEWALKS & OTHER PUBLIC PLACES 24-92 Record deed transfer with Hennepin County $120 + Recording cost 24-122 Street, Alley, Utility Vacations $300 24-153 Installation/repair of sidewalk, curb cut or curb and gutter $100 per 100 linear feet (minimum $100) $10 per 10 linear feet Administrative Fee (all permits) $50 24-251 Work in Public Right of Way Administrative Fee (all permits) $50 Hole in Roadway/Blvd (larger than 10” diameter) $100 each $50 per hole Trenching in Roadway Trenching in Boulevard $400 per 100 linear feet (minimum $400) $200 per 100 linear feet (minimum $200) CHAPTER 26: SUBDIVISIONS 26-42 Subdivisions/Replats Preliminary Plat $500 plus $50 per lot Final Plat $300 Combined Process and Replats $750 plus $25 per lot Exempt and Admin Subdivision $300 26-158 Subdivision Dedication Fee Park Land Dedication Fee Multifamily dwelling units $1,500 per dwelling unit Single-family dwelling units $1,500 per dwelling unit Commercial/Industrial properties 5 percent of current market value of the unimproved land as determined by the city assessor Meeting of November 3, 2008 (Item No. 4c) Page 11 Subject: Second Reading of an Ordinance Adopting Fees for 2009 Trails $225 per residential dwelling unit CHAPTER 30: TRAFFIC AND VEHICLES 30-44 Permit to exceed vehicle weight limitations $30 each 30-158 Snowfall parking permit No off-street parking available No charge Off street parking available $125 Caregiver parking $25 30-160 Permit parking No charge CHAPTER 36: ZONING 36-33 Conditional Use Permit $1,500 Major Amendment $1,000 Minor Amendment $750 36-33 Variances Residential $300 Commercial $500 36-33, 36- 36 Special Permit Major Amendment $1,000 Minor Amendment $750 36-34 Zoning Map Amendments $2,000 36-34 Zoning Text Amendments $2,000 36-34 Comprehensive Plan Amendments $2,000 36-34 Filing Fee Single Family $50 Other Uses $120 36-34 Time Extension $75 36-80 Erosion Control Plan Application and Review $150 36-81 Tree Replacement Cash in lieu of replacement trees $105 $110 per caliper inch Meeting of November 3, 2008 (Item No. 4c) Page 12 Subject: Second Reading of an Ordinance Adopting Fees for 2009 36-162 Zoning Permit Accessory Structures, 120 ft or less $25 36-339 Traffic Management Plan Administrative Fee $0.10 per sq ft of gross floor 36-361 Parking Lot Permit Installation/Reconstruction $75 36-362 Sign Permit Installation of permanent sign $75 Installation of permanent sign w/ footing inspection $100 Erection of Temporary sign $30 Erection of Real Estate, construction sign 40+ ft $30 36-364 Fence Permit Installation $15 36-367 Planned Unit Developments Preliminary PUD $1,500 Final PUD $1,000 Prelim/Final PUD Combined $2,250 PUD – Major Amendment $1,000 PUD – Minor Amendment $750 Section 3. This ordinance shall take effect January 1, 2009. Reviewed for Administration: Adopted by the City Council November 3, 2008 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting of November 3, 2008 (Item No. 4c) Page 13 Subject: Second Reading of an Ordinance Adopting Fees for 2009 SUMMARY ORDINANCE NO. ___-08 AN ORDINANCE ADOPTING FEES CALLED FOR BY ORDINANCE FOR CALENDAR YEAR 2009 This ordinance sets 2009 fees as outlined in Appendix A of the City Code of Ordinances. The fee ordinance is modified to reflect the cost of providing services and is completed each year to determine what, if any, fees require adjustment. This ordinance shall take effect January 1, 2009. Adopted by the City Council November 3, 2008 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: November 13, 2008 Meeting Date: November 3, 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: Change Order No. 2 to Contract 80-08 - Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500. RECOMMENDED ACTION: Motion to Approve Change Order No. 2 to Contract 80-08 - Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500. POLICY CONSIDERATION: City Council approval is required whenever contract changes are requested: • To Council-authorized contracts, or • If total contract expenditures exceed $100,000. BACKGROUND: Previous Contract Information In May 2008 the Council approved and established this project which provides for the recoating of the interior and exterior surface of Elevated Water Tower (EWT) along with minor structural modifications and repairs. On June 2, 2008 Council awarded a contract for this work to Odland Protective Coatings, Inc. for $874,000. Work on this project started in August and is to be completed this year. On September 15th the Council approved Change Order No. 1 for removal of some abandoned antenna brackets and electrical boxes on the tower that are no longer required and for installation of a new valve and hydrant that were needed to more safely drain the water tower. This additional work resulted in additional costs of $4,250.00. Proposed Contract Change After removal of a small area of the coating on the non-sweating areas of the tower (legs), it was determined that the coating was still in very good condition and it would not be necessary or cost efficient to remove it. Eliminating this unnecessary work results in a cost savings of $13,300.00 as is provided in Change Order No. 2 (attached). Meeting of November 3, 2008 (Item No. 4d) Page 2 Subject: Change Order No. 2 to Contract 80-08 Water Project Recoat Elevated Water Tower No. 4 Project 2007-1500 FINANCIAL OR BUDGET CONSIDERATION: Estimated Contract Cost The work to be performed by the Contractor under Contract 80-08 is now estimated as follows: Contract Terms All other terms of the Contract will remain the same. VISION CONSIDERATION: Not applicable. Attachment: Change Order No. 2 Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Original Contract $ 874,000.00 Change Order No. 1 $ 4,250.00 Change Order No. 2 $ (13,300.00) Total $ 864,950.00 Meeting of November 3, 2008 (Item No. 4d) Page 3 Subject: Change Order No. 2 to Contract 80-08 Water Project Recoat Elevated Water Tower No. 4 Project 2007-1500 Contract No.: 80-08 Change Order No.: 2 Date: October 14, 2008 Project Name: Recoat Elevated Water Tower #4 Project Location: 2541 Nevada Avenue South Contractor: Odland Protective Coatings, Inc. 7655 Vernon Street Rockford, MN 55373 Phone No. 763/229-2678 Type of Work: Revise the requirement of “Commercial Blast Cleaning” to “Brush Off Blast Cleaning” for non- sweating tower areas. Amount of Original Contract: $874,000.00 Unit Contract As Revised by CO Contract Item Unit Price Quantity Amount Quantity Amount Exterior Abrasive Blast and Coating Lump Sum 462,000.00 1 462,000.00 1 448,700.00 Total with Revised Quantity Total Change Order No. 2 Amount: $ (13,300) Original Contract Price: $ 874,000.00 Previous Change Orders (None) $ 4,250.00 Total Funds Encumbered with all Change Orders: $ 864,950.00 Above additional (or deleted) work to be performed (or deleted) under same conditions as specified in original contract unless otherwise stipulated herein. Recommended: Project Manager Date City Engineer Date Approved: Director of Public Works Date City Manager Date We hereby agree to furnish labor and materials complete in accordance with the contract specifications at the above stated price. Approved: ______________________________________ ______________________________________________ Date Authorized Contractor Signature NOTE: This Revision becomes part of and in conformance with the existing contract. Meeting Date: November 3, 2008 Agenda Item #: 4e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Special Assessment - Water Service Line Repair at 1421 Kentucky Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution establishing a special assessment for the repair of the water service line at 1421 Kentucky Avenue South. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Jennon M. and Beth A. Caruth, owners of the single family residence at 1421 Kentucky Avenue South have requested the City to authorize the repair of the water service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $4,100.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 4e) Page 2 Subject: Special Assessment Water Service Line Repair 1421 Kentucky Ave So RESOLUTION NO. 08-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 1421 KENTUCKY AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owners at 1421 Kentucky Avenue South have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 1421 Kentucky Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $4,100.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 3, 2008 City Manager Mayor Attest: City Clerk Meeting Date: November 3, 2008 Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Purchase Agreement for 5718 Goodrich Avenue. RECOMMENDED ACTION: Motion to approve and authorize execution by the Mayor and City Manager of the attached Purchase Agreement for 5718 Goodrich Avenue. POLICY CONSIDERATION: Does the City Council wish to approve the acquisition of the subject property to allow for expansion of Fire Station #1 (Wooddale location). 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 have been approved by the City Council for two of them. An executed purchase agreement for the third and final parcel at 5718 Goodrich is now ready for City Council approval. Attached is the purchase agreement for the Timothy Hanson property at 5718 Goodrich Avenue. The agreed-to purchase price for the Hanson property is $299,900. 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 January 30, 2009. 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. The Hanson purchase agreement is a little different from the previous agreements. Hanson would like to lease-back his house from the City after closing for three months. This will provide Hanson time to make improvements to his replacement house before he has to move from his existing house. The purchase agreement includes a lease agreement that calls for Hanson to pay $1000 per month rent, plus maintain the property and pay all utility expenses. Hanson will also be required to pay the three month’s rent in advance at the time of closing. The city will take possession of the house at the end of the lease. This arrangement makes Hanson’s transition to another home easier and has some benefits for the city as well. Since it may be a while before the city is ready to build on the Hanson property, there is benefit to have someone living in the home and keeping an eye on the property. Meeting of November 3, 2008 (Item No. 4f) Page 2 Subject: Purchase Agreement for 5718 Goodrich Avenue 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 5718 Goodrich Avenue Prepared by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 3 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 4 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 5 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 6 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 7 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 8 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 9 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 10 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 11 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 12 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 13 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 14 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 15 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 16 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 17 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 18 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 19 Meeting of November 3, 2008 (Item No. 4f) Subject: Purchase Agreement for 5718 Goodrich Avenue Page 20 Meeting Date: November 3, 2008 Agenda Item #: 4g 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: Adopt Financial Policies. RECOMMENDED ACTION: Motion to Adopt a Resolution establishing a Debt Policy, Fund Balance Policy, and modifying the Investment Policy. POLICY CONSIDERATION: These policies should guide City Council decision-making as budgets, capital improvement plans (CIP), and long-range financial management plans are prepared on an annual basis. BACKGROUND: City Council reviewed the proposed policy statements at the October 27 study session. These policies follow industry best practices and incorporate guidance from the Office of State Auditor, Government Finance Officers Association, and bond rating agencies. Adoption of these policies will formalize the existing practices of the City Council. FINANCIAL OR BUDGET CONSIDERATION: These policies will keep the City on sound financial footing over the long-run by keeping debt service payments affordable, fund balances adequate to cover revenue fluctuations and cash flow needs, and keeping cash in safe, liquid investments while earning a reasonable rate of return. VISION CONSIDERATION: Not Applicable. Attachments: Resolution Policies Prepared by: Bruce DeJong, Director of Finance Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 4g) Page 2 Subject: Adopt Financial Policies RESOLUTION NO. 08-_____ RESOLUTION ADOPTING THE DEBT POLICY, FUND BALANCE POLICY, AND MODIFYING THE INVESTMENT POLICY FOR THE CITY OF ST. LOUIS PARK, MN WHEREAS, City Council desires to establish guidelines for financial management practices; and WHEREAS, staff has reviewed industry best practices, guidance from the Office of State Auditor, Government Finance Officers Association, and bond rating agency recommended policies; and WHEREAS, the City Council of the City of St. Louis Park has reviewed proposed policies with the City Manager and Finance Director. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Debt Policy, Fund Balance Policy, and Investment Policy are hereby approved as presented. 2. City staff is directed to consider the implications of these policies prior to recommending the annual budget, capital improvement plan, and long-range financial management plan. Reviewed for Administration: Adopted by the City Council November 3, 2008 City Manager Mayor Attest: City Clerk St. Louis Park Debt Policy 1 City of St. Louis Park Debt Policies October 27, 2008 It is the policy of the City of St. Louis Park to establish guidelines for the use of debt in financing capital acquisitions, repayment of debt, and management of the overall level of debt in the city.. I. Credit Ratings: The City of St. Louis Park seeks to maintain the highest possible credit ratings for all categories of short- and long-term General Obligation debt that can be achieved without compromising delivery of basic City services and achievement of adopted City policy objectives. The City recognizes that external economic, natural, or other events may from time to time affect the creditworthiness of its debt. Nevertheless, the Mayor and City Council are committed to ensuring that actions within their control are prudent and consistent with the highest standards of public financial management, and supportive of the creditworthiness objectives defined herein. II. Financial Disclosure: The City is committed to full and complete financial disclosure, and to cooperating fully with rating agencies, institutional and individual investors, City departments and agencies, other levels of government, and the general public to share clear, comprehensible, and accurate financial information. The City is committed to meeting disclosure requirements on a timely and comprehensive basis. Official statements accompanying debt issues, Comprehensive Annual Financial Reports, and continuing disclosure statements will meet (at a minimum) the standards articulated by the Municipal Standards Rulemaking Board (MSRB), the Government Accounting Standards Board (GASB), the National Federation of Municipal Analysts, the Securities and Exchange Commission (SEC), and Generally Accepted Accounting Principles (GAAP). The Finance Department shall be responsible for ongoing disclosure to established national information repositories (NRMSRs) and for maintaining compliance with disclosure standards promulgated by state and national regulatory bodies. III. Debt Capacity: The City will keep outstanding debt within the limits prescribed by State statute and at levels consistent with its creditworthiness objectives. IV. Purposes and Uses of Debt The City will normally rely on existing funds, project revenues, and grants from other governments to finance capital projects such as major maintenance, equipment acquisition, and small development projects. Debt may be used for capital projects only when a project generates revenues over time that are used to retire the debt, when debt is an appropriate means to achieve a fair allocation of costs between current and future beneficiaries. a. Asset Life: The City will consider the use of debt for the acquisition, development, replacement, maintenance, or expansion of an asset only if it Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 3 St. Louis Park Debt Policy 2 has a useful life of at least five years. Debt will not be issued for periods exceeding the useful life or average useful lives of the project or projects to be financed. b. Project Financing: In general, the City expects to make a cash contribution to any project with an expected useful life of less than 10 years, rather than relying on 100% debt financing. c. Debt Standards and Structure Debt will be structured for the shortest period consistent with a fair allocation of costs to current and future beneficiaries or users. Debt will be structured to achieve the lowest possible net cost to the City given market conditions, the urgency of the capital project, net revenues expected from the project (if any), and the nature and type of security provided. Moreover, to the extent possible, the City will design the repayment of its overall debt so as to recapture rapidly its credit capacity for future use. The City shall strive to repay at least 18 percent of the principal amount of its total general obligation debt within five years and at least 35 percent within ten years. d. Backloading: The City will seek to structure debt with level principal and interest costs over the life of the debt. "Backloading" of costs will be considered only when natural disasters or extraordinary or unanticipated external factors make the short-term cost of the debt prohibitive, when the benefits derived from the debt issuance can clearly be demonstrated to be greater in the future than in the present, when such structuring is beneficial to the City’s overall amortization schedule, or when such structuring will allow debt service to more closely match project revenues during the early years of the project’s operation. e. Variable Rate Debt: The City may choose to issue securities that pay a rate of interest that varies according to pre-determined formula or results from a periodic remarketing of the securities, consistent with state law and covenants of pre-existing bonds, and depending on market conditions. The City will have no more than 15% of its outstanding general obligation debt in variable rate form. V. Refundings: Periodic reviews of all outstanding debt will be undertaken to determine refunding opportunities. Refunding will be considered (within federal tax law constraints) if and when there is a net economic benefit of the refunding or the refunding is essential in order to modernize covenants to thereby improve operations and management. VI. Debt Administration and Process In general, City debt will be issued through a competitive bidding process. Bids will be awarded on a true interest cost basis (TIC), providing other bidding requirements are satisfied. In the event that the City receives more than one bid with identical TICs, the tie may be broken by a flip of a coin. a. Financial Advisor: The City will retain an external financial advisor, to be selected for a term of up to four years, through a competitive process Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 4 St. Louis Park Debt Policy 3 administered by the City’s Finance Division of the Executive Services Department. The utilization of the financial advisor for particular bond sales will be at the discretion of the Finance Director on a case by case basis and pursuant to the financial advisory services contract. The financial advisors will have comprehensive municipal debt issuance experience with diverse financial structuring requirements and pricing of municipal securities. b. Bond Counsel: The City will retain external bond counsel for all debt issues. No debt will be issued by the City without a written opinion by bond counsel affirming that the City is authorized to issue the debt, stating that the City has met all state constitutional and statutory requirements necessary for issuance, and determining the debt’s federal income tax status. c. Fiscal Agents: The Finance Department will utilize a fiscal agent on all City indebtedness. Fiscal agent fees for outstanding bonds will be paid from the Bond Interest and Redemption Fund, unless specified otherwise by the Director of Finance. VII. Arbitrage Compliance: The Finance Director shall maintain a system of record keeping and reporting to meet the arbitrage rebate compliance requirements of federal tax code. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 5 St. Louis Park Fund Balance Policy 1 City of St. Louis Park Fund Balance Policy October 27, 2008 The purpose of the fund balance policies is to establish appropriate fund balance levels for each fund that is primarily supported by property tax revenues or user fees. These policies will ensure that adequate resources are available to meet cash flow needs for carrying out the regular operations of the City, as well as to meet the fund balance requirements identified in the City’s long range financial plan. The funds that will be addressed in this policy are: General Fund, Parks & Recreation, Park Improvement, Pavement Management, and Enterprise Funds. I. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes, license and permit fees, fines and forfeits, service charges, intergovernmental revenues, investment interest earnings, and transfers. The General Fund’s resources finance a wide range of functions including the operations of general government, public safety, and public works. The City will strive to maintain a fund balance in the General Fund in the range of 35- 50% of the subsequent year’s budgeted expenditures. Since a significant source of revenue in the General Fund comes from property taxes, maintaining a fund balance that is equal to at least five months of operating expenditures ensures that sufficient resources are available to fund basic City functions between property tax settlements. This range is in conformance with guidance from the Office of the State Auditor (OSA). Amounts that exceed 40% may be transferred out to other funds. A designation of fund balance may be used to offset revenues earned in one year where substantial services are required to be performed in the next fiscal period II. Parks & Recreation The Parks and Recreation Fund is a Special Revenue Fund that provides for both passive and active recreational activities throughout the community. It receives the majority of its funding from property taxes and user fees which finance specific activities. These activities are separated into several divisions: Organized Recreation, Park Maintenance, Forestry, Nature Center, Recreation Center and Vehicle Maintenance. Fees for programs within these divisions are reviewed each year to determine the appropriate amount of revenue to offset the costs and yet keep the program affordable for participants. In some cases, the fee charged is either more market driven or may be based on ability or willingness to pay, which will set the fees above or below the direct costs of running an individual program. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 6 St. Louis Park Fund Balance Policy 2 The City will strive to maintain a fund balance in the Parks and Recreation Fund in the range of 10-25% of the subsequent year’s budgeted expenditures. This lower percentage is deemed adequate since many of the program revenues are received earlier in the year than property tax settlements. Amounts that exceed 15% may be transferred out to other funds. III. Park Improvement Fund The Park Improvement Fund pays for land, buildings, and infrastructure for the parks within the city. Property taxes and park dedication fees make up the majority of the revenues for this fund. The City will strive to maintain a fund balance in the Park Improvement Fund in an amount sufficient to support the ongoing capital expenditures planned in the CIP. IV. Pavement Management Fund The Pavement Management Fund is used to account for the financing of street rehabilitation projects. Revenue sources are provided mainly through property taxes, franchise fees, and transfers from the Water Utility and Sanitary Sewer Utility Funds. Street projects are programmed into the City’s Capital Improvement Plan and are generally planned five years in advance. The City will strive to maintain the fund balance in the Pavement Management Fund in an amount sufficient to support the ongoing capital expenditures planned in the CIP. V. Enterprise Funds These funds were established to account for the operation of Water, Sewer, Solid Waste, and Storm Water operations which are designed to be self-supporting from user charges. a. Water Utility This fund is used to account for the provision of water services to the customers of the City related to administration, operations, maintenance, billing and collection. This fund is financed predominantly through user charges and investment income. The City will strive to maintain a fund balance in the Water Utility Fund in the range of 35-50% (4-6 months) of the subsequent year’s budgeted expenditures. Since a significant source of revenue in the Water Utility Fund comes from user charges, maintaining a fund balance that is equal to at least five months of operating expenditures ensures that sufficient resources are available to fund basic City functions between receipts of user charges. In addition, due to the age of water infrastructure within the City, a higher percentage of fund balance is prudent to address any potential issues that may arise. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 7 St. Louis Park Fund Balance Policy 3 b. Sewer Utility This fund is used to account for the provisions of sewer services to the customers of the City. All activities necessary to provide this utility to the customers are administration, operations, maintenance, billing and collection. This fund is financed predominantly through user charges and investment income. The City will strive to maintain a fund balance in the Sewer Utility Fund in the range of 35-50% (4-6 months) of the subsequent year’s budgeted expenditures. Since a significant source of revenue in the Sewer Utility Fund comes from user charges, maintaining a fund balance that is equal to at least five months of operating expenditures ensures that sufficient resources are available to fund basic City functions between receipts of user charges. In addition, due to the age of sewer infrastructure within the City, a higher percentage of fund balance is prudent to address any potential issues that may arise. c. Solid Waste Utility This fund is used to account for the provisions of solid waste services to the customers of the City related to collection, disposal and recycling of solid waste. This fund is financed predominantly through user charges and investment income. The City will strive to maintain a fund balance in the Solid Waste Utility Fund in the range of 25-35% of the subsequent year’s budgeted expenditures. Because of lower fluctuation in this revenue stream, a lower percentage balance is justifiable. Since a significant source of revenue in the Solid Waste Utility Fund comes from user charges, maintaining a fund balance that is equal to at least three months of operating expenditures ensures that sufficient resources are available to fund basic City functions between receipts of user charges. d. Storm Water Utility This fund is used to account for the provision of storm water to the customers of the City related to administration, operations, maintenance, billing and collection. This fund is financed predominantly through user charges and investment income. The City will strive to maintain a fund balance in the Storm Water Utility Fund in the range of 25-35% of the subsequent year’s budgeted expenditures. Because of lower fluctuation in this revenue stream, a lower percentage balance is justifiable. Since a significant source of revenue in the Storm Water Utility Fund comes from user charges, maintaining a fund balance that is equal to at least three months of operating expenditures ensures that sufficient resources are available to fund basic City functions between receipts of user charges. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 8 St. Louis Park Investment Policy 1 City of St. Louis Park Investment Policy October 27, 2008 It is the policy of the City of St. Louis Park to establish guidelines for the investment of all public funds. This policy is designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed and providing the highest investment return with maximum security and minimum risk. I. SCOPE This policy applies to all financial assets of the City of St. Louis Park. While separate investment funds are created to accommodate reporting on certain bonded indebtedness, individual investments are purchased using a pooled approach for efficiency and maximum investment opportunity. The City’s funds are defined in the City’s Comprehensive Annual Financial Report and include: • General Fund; • Special Revenue Funds; • Debt Service Funds; • Capital Project Funds; • Proprietary Funds; • Internal Service Funds; II. OBJECTIVES The primary objectives in priority order of the City’s investment activities will be: A. Safety of Principal Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure preservation of capital in the overall portfolio. The objective will be to mitigate credit risk by purchasing only highly rated securities with adequate collateral and interest rate risk by matching maturities to cash flow needs and holding securities to maturity.. B. Liquidity The investment portfolio will remain sufficiently liquid to enable the City to meet all operating and capital requirements that might reasonably be anticipated. A portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same-day liquidity. C. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account investment risk constraints and liquidity needs. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 9 St. Louis Park Investment Policy 2 III. STANDARDS OF CARE The prudent person standard shall be applied to the management of the portfolio. This standard states: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the expected income to be derived.” Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. IV. INVESTMENT AUTHORIZATION The Director of Finance/Treasurer is designated as the Investment Officer of the City and is responsible for investment management decisions and activities. The Director of Finance/Treasurer shall carryout established written procedures and internal controls for the operation of the investment program consistent with this investment policy. The Director of Finance/Treasurer is authorized, as allowed under the State Statute, to designate depositories and broker-dealers for City Funds. V. CONFLICT OF INTEREST Any city official involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair his/her ability to make impartial investment decisions. Employees shall disclose any material interests in financial institutions with which they conduct business. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City. VI. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Director of Finance/Treasurer will maintain a list of financial institutions authorized to provide investment services to the City. All broker/dealers who desire to become qualified bidders for investment transactions must supply the Director of Finance/Treasurer with: • Audited financial statements and proof of National Association of Security Dealers (NASD) certification; • Proof of Minnesota Registration Broker Notification and Certification form required by Minnesota Statutes 118A prior to any investment transactions with the City. The Broker Notification must be updated annually. • The Official Broker/Dealer Questionnaire must be on file for each broker the City is currently doing business with. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 10 St. Louis Park Investment Policy 3 • Certification of having read the City’s investment policy and agreement to conduct investment transactions in accordance with the policy and objectives, as well as state statutes. • Written agreement to disclose potential conflicts of interest or risk to public funds that might arise out of business transactions between the firm and the City. Authorized institutions must maintain an investment office within the Twin Cities metropolitan area and have other Minnesota local government clients. VII. AUTHORIZED INVESTMENTS The City is authorized, under State Law Chapter 118A, to invest the securities listed in Exhibit A. VIII. COLLATERALIZATION Full collateralization will be required on non-negotiable certificates of deposit. All deposits will be insured or collateralized in accordance with Minnesota Statutes Chapter 118. IX. SAFEKEEPING Investments shall be kept at the broker/dealer in the City’s name. Certificates will be held at the financial institution in the City’s name. All securities should be a risk category one according to the Government Accounting Standard No. 3. The broker/dealer must provide asset protection of $10,000,000 through the Securities Investor Protection Corporation (SIPC) X. INVESTMENT PARAMETERS The City’s investments shall be diversified as to specific maturity, issuer and institution in order to minimize the risk to the portfolio. Investments should be purchased to match expected cash flow needs, minimizing the market risk associated with the early sale of the investments. XI. REPORTING AND REVIEW A. The investment portfolio will be managed in accordance with the parameters outlined in this policy. The portfolio will be designed with the objective of obtaining a rate of return throughout budgeting and economic cycles, commensurate with the investment risk constraints and cash flow needs. B. The City’s investment policy shall be adopted by resolution by the City Council. The City’s investments shall be reported to the City Council quarterly. The information reported to the City Council should include: 1. A listing of individual securities held at end of reporting period. 2. A listing of investments by maturity date. 3. The percentage of the total portfolio in each type of investment. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 11 St. Louis Park Investment Policy 4 4. Rate of return for quarter. 5. Market to market analysis. C. Interest earned on investments shall be allocated to various funds based on each fund’s average monthly cash balance. XII. STATUTORY AUTHORITY Specific investment parameters for the investment of public funds by the City are found in Minnesota Statutes Chapters 118A. XIII. POLICY CONSIDERATIONS A. Amendments This policy shall be reviewed on an annual basis. Any changes must be approved by City Council resolution. B. Interest Allocation The general fund shall be allocated a management fee equal to three percent of the total net investment earnings of the investment pool, excluding investments related to the Economic Development Authority. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 12 St. Louis Park Investment Policy 5 MAXIMUM PER MAXIMUM PER MINIMUM CREDIT MAXIMUM INVESTMENT TYPE ISSUE INVESTMENT QUALITY MATURITY US Treasuries No more than No limit. N/A Five years. If beyond 15% of the total five years, should be portfolio. related to the specific debt payments. US Governmental No more than No limit. N/A Five years. If beyond Agencies and Federally 15% of the total five years, should be Sponsored Agency portfolio. related to specific Securities. To include cash flow needs. callables and step-ups Commercial Paper - No more than No limit.Any two of the 270 days. issued by United States 15% of the total following national corporations or their portfolio.ratings: A1, P1, F1 Canadian subsidiaries or D1. Repurchase Agreements No more than No limit.Provided they are 30 days. or Reverse Repurchase 15% of the total fully collaterized at Agreements portfolio.102% of market value by US Treasuries or Agencies. Bankers Acceptances - No more than No limit.Any two of the 270 days. Fed eligible United 15% of the total following ratings: A1, States banks portfolio.P1, F1 or D1. Certificates of Deposit No more than No limit.Provided it is Five years. If beyond 15% of the total guaranteed by the five years, should be portfolio.FDIC, FSLIC or is related to specific backed by collateral cash flow needs. as required by M.S. 118A. Guaranteed Investment No more than The issuer's or Contracts - issued or 15% of the total guarantor's short- guaranteed by United portfolio.term and long term States commercial banks unsecured debt must domestic branches of be rated in one of foreign banks, United the two highest States Insurance categories by a Companies, or their nationally recognized Canadian subsidiaries.rating agency. Should the issuer's or guarantor's credit quality be down- graded below "AA" or "Aa", EXHIBIT A Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 13 St. Louis Park Investment Policy 6 MAXIMUM PER MAXIMUM PER MINIMUM CREDIT MAXIMUM INVESTMENT TYPE ISSUE INVESTMENT QUALITY MATURITY General Obligations of No more than No more than Rated "A" or better Five years. If beyond state or local government 15% of the total 50% of the by a national bond five years, should be with taxing powers. portfolio. portfolio. rating service. related to specific debt payments. Revenue Obligation of No more than No more than Rated "AA" or better Five years. If beyond any state or local govern- 15% of the total 50% of the by a national bond five years, should be ment with taxing powers portfolio. portfolio. rating service. related to specific debt payments. General Obligation of the No more than No more than Rated "A" or better Five years. If beyond Minnesota Housing 15% of the total 50% of the by a national bond five years, should be Finance Agency which is portfolio.portfolio.rating service. related to specific a moral obligation of debt payments. the State of Minnesota Money Market Mutual No limit.No limit.Invested primarily in N/A Funds the securities allowed by this policy. Meeting of November 3, 2008 (Item No. 4g) Subject: Adopt Financial Policies Page 14 Meeting Date: November 3, 2008 Agenda Item #: 4h Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Special Assessment - Water Service Line Repair at 3028 Idaho Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution establishing a special assessment for the repair of the water service line at 3028 Idaho Avenue South. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Nancy A. Heineman, owner of the single family residence at 3028 Idaho Avenue South, has requested the City to authorize the repair of the water 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 water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $5,800.00. 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: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 4h) Page 2 Subject: Special Assessment - Water Service Line Repair at 3028 Idaho Avenue South RESOLUTION NO. 08-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 3028 IDAHO AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owner at 3028 Idaho Avenue South has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 3028 Idaho 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 water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $5,800.00. 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 water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 3, 2008 City Manager Mayor Attest: City Clerk Meeting Date: November 3, 2008 Agenda Item #: 4i OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION MEETING Wednesday, September 17, 2008, 7 p.m. The Rec Center Programming Office Regular Meeting 1. Call to Order Chair Mr. Hallfin called the meeting to order at 7:00 p.m. Commission members present: Jenny Coig, Bruce Cornwall, George Foulkes, George Hagemann, Steve Hallfin, Kirk Hawkinson, and Tom Worthington (7:24 p.m.). Commission members absent: None. Staff present: Rick Beane, Park Superintendent, Rick Birno, Recreation Superintendent, Stacy Voelker, Recording Secretary, and Cindy Walsh, Director of Parks and Recreation. Members and staff welcomed new member, Jenny Coig and briefly discussed history with Commission and St. Louis Park. Violet Stephens, guest, is a student at Metropolitan State University obtaining her Masters in Public Administration degree. Ms. Stephens is completing an assignment to observe a governance meeting and is also a resident of St. Louis Park. Members welcomed Ms. Stephens. 2. Presentation: Traveling Baseball Association Association Representatives were not present. 3. Approval of Minutes • May 21, 2008 It was moved by Commission member Mr. Hagemann to approve the minutes from the regular meeting of the Parks and Recreation Advisory Commission. The motion passed 6-0. Mr. Hagemann added “Employee Appreciation Luncheon” to the September 17 agenda under New Business, item 4d. Meeting of November 3, 2008 (Item No. 4i) Page 2 Subject: Parks and Recreation Advisory Commission Minutes September 17 2008 2 4. New Business a. Vision Strategic Directions Update: Preserving, Enhancing and Providing Good Stewardship of our Parks Mr. Beane distributed a report that went to Council on September 2 and briefly explained. Ms. Walsh briefly explained the Vision St. Louis Park and advised this is an introduction to the item and will be included on another agenda in the future. Staff is interested in obtaining priorities from the Parks and Recreation Advisory Commission; what type of aspects should staff concentrate on. The City Council was advised the list would be distributed to the Commission to prioritize. Mr. Beane indicated the committee reviewed all comments received and categorized by considerations requested. He indicated some items listed are currently being done; would like to review and see if things can be done better. Mr. Beane informed Members a Natural Resource Inventory will begin in 2010 which will contribute to this process. Mr. Hagemann recommended members review report and send Ms. Voelker a priority list of top items by October 13; Ms. Voelker will compile the list and provide a graph to discuss at the next meeting. Ms. Walsh recommended listing large goal items but if members feel an item is important, it should be included also. b. Vision Strategic Directions Update: Exploring Creation of a Multi-Use Civic Center Mr. Birno distributed report presented to Council on September 2, 2008 and briefly discussed the exploration of a multi-use civic center. The top three areas identified are artistic space, types of recreation, and mind, body, and spirit programming. The common threads identified are affordability, transportation, and accessibility. The next step will be to include questions in the Decision Resource survey regarding theses areas. Mr. Birno advised once the data is received from the survey, it will be brought back to the Commission to discuss. Mr. Birno commended the Committee as it did an outstanding job with the discussions. Mr. Birno advised the committee also discussed collaboration and partnerships as a key area if ideas are implemented. Ms. Walsh indicated a group of residents would like artificial turf be included at the High School as a multi-use area. Ms. Walsh advised the residents the comment continues to be heard from the community but to date it is not included in the school referendum. Mr. Worthington inquired if the Parks and Recreation Department has ever compiled a survey; Ms. Walsh has discussed the idea with Council and it may be added onto the Decision Resources survey conducted. Meeting of November 3, 2008 (Item No. 4i) Page 3 Subject: Parks and Recreation Advisory Commission Minutes September 17 2008 3 Mr. Birno asked members to review the report and contact him with any comments or questions. c. Capital Improvement Projects, 2009 – 2010 Review Ms. Walsh reviewed the 2009-2010 CIP list which will be presented to Council in December. The 2009 Capital Improvement List includes: Ainsworth Park field improvements and irrigation; the Aquatic Park sand play area water feature item improvement; Aquila Park improvements which include basketball court reconstruction, field 4 fence, upgrade lighting on field 2, and parking lot and trail improvements; phase II of the bee hive restoration project; Belt Line Boulevard trail reconstruction from West 36th Street to LRT trail connection; Bronx Park field improvements; Carpenter Park tennis court resurface; Dakota Park new fencing and dug out area, parking lots renovated, picnic shelter disposed and sun shelter created; create a community garden at Hurd Park (resident interest has increased rapidly; the City tills at the beginning of the year and provides water); add sun shelter in Jersey Park along with trail and basketball improvements; new playground equipment at Carpenter, Meadowbrook and Parkview Parks; new carpet in The Rec Center Banquet Room; install security cameras in The Rec Center parking lot which will be monitored by Police Dispatch; replace rubber floor in west arena; change out Splash Pad features; Jordan and Keystone Park trails will receive a mill and overlay; and Westwood Hills Nature Center perimeter fencing replaced. Proposed 2010 Capital Improvement List includes (subject to change): The big project in 2010 is the rebuilding of the two Fire Stations. The Utilities Department currently resides in the basement of Station 1 and will be moving to the Municipal Service Center (MSC). Changes will take place at the MSC first to allow space for the Utilities Department and become ADA accessible. Station 2 is undersized for its equipment but an increase in the station would take space from Northside Park. Discussions will ensue on the redevelopment of Northside Park to include staff, park users, the Commission and the neighborhood. Also in 2010, lighting proposed to be added to field 5 in Aquila Park; irrigation will be improved in Carpenter Park (with the Baseball and Soccer Associations); a city-wide natural resource inventory will take place; The Rec Center’s east arena rubber floor will be replaced and the Rec Center office carpet will be replaced; the trail from Cedar Lake to JCC west will be repaired; improvements will be made to Northside and Birchwood Parks; the Central and Rustic shelters at Oak Hill Park will be reroofed; playground equipment will be replaced at Wolfe and Browndale Parks; improvements to the Skate Park; the Oak Hill Park Splash Pad will be resurfaced; reconstruction of the trail by Monterey Drive and The Rec Center; fence and boardwalk replacement plus a bridge installed at Westwood Hills Nature Center; and reconstruction of the trail by Louisiana Avenue to Walker Park. Meeting of November 3, 2008 (Item No. 4i) Page 4 Subject: Parks and Recreation Advisory Commission Minutes September 17 2008 4 The items will be presented for Council approval in December. Mr. Worthington inquired if staff feels like they are keeping up with the projects that need addressing; Ms. Walsh advised she feels staff is and that it takes approximately one million a year to keep up with the maintenance on the existing items. Ms. Walsh stated additional improvements/additions require more money above the one million. Mr. Beane advised of the replacement schedule used to create the Capital Improvement list. Mr. Worthington inquired on the energy audit and feels that may have an impact on the CIP list; staff agrees. Mr. Worthington inquired on the softball law suit. Ms. Walsh indicated a tentative settlement has been reviewed; no details can be provided at this time. Mr. Beane updated members on the reconstruction at Fern Hill Park and the tennis court replacement at Bass Lake Preserve. Mr. Beane advised the bidding has been completed (bids came in within budget), Council approved on September 15, contracts are signed the work began this week. d. Employee appreciation luncheon Members and staff discussed. It was decided the luncheon will be held on Wednesday, October 8 at the Oak Hill Main Shelter beginning at 11:15 a.m. The grill will be at the park no later than 10 a.m. Items will be provided as follows: Mr. Birno: 60 Hot dogs, ketchup, mustard, a cooler and ice; Mr. Foulkes: 40 hamburgers and 6 veggie burgers; Mr. Cornwall: brownies; Mr. Hallfin: 6 large bags of chips and sliced cheese; Mr. Hawkinson: beverages; Mr. Hagemann: paper products; and Mr. Worthington: buns and 2 gallons potato salad. 5. Old Business None. 6. Communications a. Chair Mr. Hallfin is looking forward to hosting the employee appreciation luncheon. b. Commissioners Meeting of November 3, 2008 (Item No. 4i) Page 5 Subject: Parks and Recreation Advisory Commission Minutes September 17 2008 5 Mr. Worthington inquired on the status of the ball field naming honoring Dale Petit. Mr. Hallfin advised the Commission approved the naming, it was presented to Council, Council approved and the naming will happen this Saturday. Mr. Worthington indicated he will submit a grant application to Minnehaha Creek clean up supplies. Mr. Cornwall thanked Mr. Birno and staff on the progress of the beehive preservation. Mr. Hawkinson inquired if the parking spots on the north side of The Rec Center are available for the PRAC meetings. Ms. Walsh advised members are welcome to park in designated parking spots. Mr. Hagemann advised Friends of the Arts is co-sponsoring two grants: The City’s Arts & Culture grant and Arts for Life grant. Mr. Hallfin inquired if grant information is included in city publications; Ms. Voelker indicated Friends of the Arts has a page in each Parks and Recreation brochure. Ms. Walsh suggested including an updated in the New Business section at each meeting. Mr. Foulkes feels it was a great summer with the Council canoe trip and the Minnehaha clean up. Ms. Coig is looking forward to working with everyone. c. Program Report Mr. Birno advised two contractors were hired to move and restore the beehive and historical items. The beehive is the last to be moved and is scheduled to move this week to Roadside Park. Staff met with Nordic Ware and they are considering a donation to the project. Mr. Birno encouraged members to view Roadside Park, which is south of Highway 25 and east of Highway 100. d. Directors Report Ms. Walsh discussed moving the October meeting from October 15 to October 22 and all agreed. 7. Adjournment The meeting adjourned at 8:39 p.m. It was moved by Commission member Mr. Foulkes to adjourn. The motion passed 7-0. Respectfully submitted, Stacy Voelker, Recording Secretary Meeting Date: November 3, 2008 Agenda Item #: 4j Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims. RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period October 18, 2008 through October 31, 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 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 1Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 1,026.39FABRICATIONOTHER IMPROVEMENT SUPPLIES3M 1,026.39 140.53TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC 140.53 59.72WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESAAA LAMBERTS LANDSCAPE PRODUCT 59.64WIRELESS G & A OTHER CONTRACTUAL SERVICES 119.36 4,147.50WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIADVANCED SANDJACKING INC 4,147.50 48.26OPERATIONSEQUIPMENT PARTSALEX AIR APPARATUS INC 48.26 628.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 628.00 50.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPSAMERICANS FOR THE ARTS 50.00 141.20PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 101.34PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 100.16ENTERPRISE G & A GENERAL SUPPLIES 113.25VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 69.66WATER UTILITY G&A OPERATIONAL SUPPLIES 69.66SEWER UTILITY G&A OPERATIONAL SUPPLIES 595.27 679.29PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESANCHOR BLOCK CO 679.29BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES 87.55BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 1,446.13 601.92PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 601.92 2,071.43PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL 2,071.43 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 2 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 2Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 162.00STORM WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATANDERSON, SCOTT 162.00 6,391.51GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESANDERSON, TRAVIS 6,391.51 1,510.62GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYAPACHE GROUP OF MINNESOTA 1,510.62 97.30REC CENTER BUILDING GENERAL SUPPLIESARAMARK UNIFORM CORP ACCTS 97.30 28.65GENERAL REPAIR EQUIPMENT PARTSASPEN EQUIPMENT CO 28.65 31.16COMMUNICATIONS/GV REIMBURSEABL TELEPHONEAT&T 31.16 675.05WATER UTILITY G&A OTHERAUTOMATIC SYSTEMS INC 20,358.76WATER UTILITY G&A YARD WASTE SERVICE 21,033.81 62.50WATER UTILITY G&A GENERAL SUPPLIESAWWA 62.50 900.00PATROLTRAININGBCA - BTS 900.00 240.00POLICE G & A TRAININGBCA/TRAINING AND DEVELOPMENT 240.00 3,450.00GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESBEACH, WILLIAM & JULIE 3,450.00 4,997.50PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBEDS AND BORDERS LANDSCAPE DES 4,997.50 1,204.46POLICE G & A OPERATIONAL SUPPLIESBIKEMASTERS 1,204.46 38.20ORGANIZED REC G & A TRAININGBIRNO, RICK 38.20 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 3 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 3Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 522.00EMPLOYEE FLEX SPEND G&A HEALTH INSURANCEBLUE PRINT FOR HEALTH 522.00 776.75POLICE G & A OPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC 58.74POLICE G & A POSTAGE 107.88SUPPORT SERVICES OPERATIONAL SUPPLIES 943.37 32.40HALLOWEEN PARTY PROGRAM REVENUEBRAM, KATHY 32.40 1,343.00PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIBRAUN INTERTEC CORPORATION 1,343.00 34.20SOLID WASTE G&A GENERAL SUPPLIESBREDENBERG, JASON 34.20 7.54PARK MAINTENANCE G & A GENERAL SUPPLIESBROCK WHITE CO LLC 59.64BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 67.18 500.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBROWNDALE NEIGHBORHOOD ASSN 500.00 1,970.00CITY HALL GENERAL PROFESSIONAL SERVICESBUILDINGS CONSULTING GROUP INC 1,970.00 12.48-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCARDIAC SCIENCE INC 204.48OPERATIONSOPERATIONAL SUPPLIES 192.00 47,598.80CITY HALL BUILDING MTCE SERVICECARLSON & SON'S, J 47,598.80 2,664.49DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 2,664.49 4,284.03INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESCARVER, CITY OF 4,284.03 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 4 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 4Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 4,520.43DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC 1,624.55NETWORK SUPPORT/SERVICES OFFICE EQUIPMENT 6,144.98 84.51FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN 84.51 76.85-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCENTRAL ENVELOPE CORPORATION 1,259.15PRINTING/REPRO SERVICES OFFICE SUPPLIES 1,182.30 12.91-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSCENTRAL STATES FIRE APPARATUS 211.45GENERAL REPAIR EQUIPMENT PARTS 198.54 555.00PLUMBING MTCE BUILDING MTCE SERVICECERTIFIED PLUMBING INC 555.00 530.56SEWER UTILITY G&A EQUIPMENT MTCE SERVICECERTIFIED POWER INC 530.56 85.01POSTAL SERVICES GENERAL SUPPLIESCHARNSTROM 85.01 18.07WATER UTILITY G&A GENERAL CUSTOMERSCHAVEZ, ANA 18.07 20.90-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 45.06GENERAL FUND BALANCE SHEET CLEARING ACCOUNT 14.18ADMINISTRATION G & A GENERAL SUPPLIES 295.00ADMINISTRATION G & A POSTAGE 25.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 675.55ADMINISTRATION G & A TRAVEL/MEETINGS 329.77ADMINISTRATION G & A MEETING EXPENSE 9.98ADMINISTRATION G & A BANK CHARGES/CREDIT CD FEES 41.62HUMAN RESOURCES OFFICE SUPPLIES 14.47HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 300.00HUMAN RESOURCES RECOGNITION 2,505.00HUMAN RESOURCES TRAINING 371.39HUMAN RESOURCES MEETING EXPENSE 328.02HUMAN RIGHTS GENERAL SUPPLIES Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 5 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 5Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 19.19IT G & A GENERAL SUPPLIES 225.00IT G & A SUBSCRIPTIONS/MEMBERSHIPS 2.21IT G & A BANK CHARGES/CREDIT CD FEES 160.67DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES 174.44APPLICATION SUPPORT/SERVICE SEMINARS/CONFERENCES/PRESENTAT 60.07NETWORK SUPPORT SERVICES DATACOMMUNICATIONS 195.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTAT 7.20ASSESSING G & A BANK CHARGES/CREDIT CD FEES 35.00COMM DEV PLANNING G & A TRAINING 25.66COMM DEV PLANNING G & A MEETING EXPENSE 1,870.76PLUMBING MTCE BLDG/STRUCTURE SUPPLIES 661.82DARE PROGRAM TRAINING 349.59SUPERVISORYSEMINARS/CONFERENCES/PRESENTAT 425.00PATROLTRAINING 186.26OPERATIONSGENERAL SUPPLIES 171.35OPERATIONSOPERATIONAL SUPPLIES 21.32OPERATIONSSMALL TOOLS 707.71OPERATIONSTRAINING 26.70PUBLIC WORKS G & A GENERAL SUPPLIES 225.00PUBLIC WORKS G & A TRAINING 31.15PUBLIC WORKS G & A BANK CHARGES/CREDIT CD FEES 930.00ENGINEERING G & A TRAINING 98.56TRAININGSEMINARS/CONFERENCES/PRESENTAT 62.98-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 48.66ORGANIZED REC G & A GENERAL SUPPLIES 850.94ORGANIZED REC G & A TRAINING 5.72ORGANIZED REC G & A BANK CHARGES/CREDIT CD FEES 656.20HOLIDAY PROGRAMS GENERAL SUPPLIES 325.05SOCCERGENERAL SUPPLIES 885.30PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 87.85TREE MAINTENANCE GENERAL SUPPLIES 16.45WESTWOOD G & A GENERAL SUPPLIES 7.53WESTWOOD G & A BANK CHARGES/CREDIT CD FEES 7.06SCHOOL GROUPS GENERAL SUPPLIES 110.00SCHOOL GROUPS CONCESSION SUPPLIES 797.12HALLOWEEN PARTY GENERAL SUPPLIES 69.69ICE RESURFACER GENERAL SUPPLIES 170.12VEHICLE MAINTENANCE G&A MOTOR FUELS 223.67PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 16.91GENERAL REPAIR EQUIPMENT PARTS 12.19BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 6 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 6Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 8.53CABLE TV G & A OFFICE EQUIPMENT 5.35EQUIPMENT MANAGEMENT GENERAL SUPPLIES 15,785.16 137.36WATER UTILITY G&A GENERAL CUSTOMERSCLARK, BROOK 137.36 5,649.12GENERAL FUND BALANCE SHEET PREPAID EXPENSESCOLLINS COMMUNICATIONS 5,233.56VOICE SYSTEM MTCE EQUIPMENT MTCE SERVICE 10,882.68 172.20NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST 172.20 334.26CE INSPECTION IMPROVEMENTS OTHER THAN BUILDICOMMISSIONER OF TRANSPORTATION 334.26 266.83PUBLIC WORKS OPS G & A EQUIPMENT PARTSCOMPASSTOOLS 266.83STORM WATER UTILITY G&A EQUIPMENT PARTS 533.66 199.00PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPSCONSTRUCTION BULLETIN 199.00 19.32BUILDING MAINTENANCE GENERAL SUPPLIESCONSTRUCTION MATERIALS 19.32 981.77VEHICLE MAINTENANCE G&A GENERAL SUPPLIESCOUCH, GARY 981.77 115.00WIRELESS G & A OTHER CONTRACTUAL SERVICESCTC 115.00 463.03NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 463.03 1,895.37WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 1,895.37 750.00ESCROWSPMC ESCROWDEAN, CASEY 750.00 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 7 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 7Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 764.34POLICE G & A RENTAL EQUIPMENTDELAGE LANDEN FINANCIAL SERVIC 764.34 752.47POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 752.47 24.96TV PRODUCTION GENERAL SUPPLIESEDGEWISE MEDIA INC 24.96 35.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSEDUCATION & ORGGANIZATION DEVE 35.00 2,271.25DAMAGE REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 1,431.54INSTALLATIONOTHER CONTRACTUAL SERVICES 3,702.79 17,785.30VEHICLE MAINTENANCE G&A MOTOR FUELSEGAN OIL CO 17,785.30 99.66GENERAL REPAIR EQUIPMENT PARTSEMERGENCY APPARATUS MTNCE 706.17GENERAL REPAIR EQUIPMENT MTCE SERVICE 805.83 16.70-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSEMERGENCY MEDICAL PRODUCTS 273.59OPERATIONSOPERATIONAL SUPPLIES 256.89 2,693.00TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEEMERY'S TREE SERVICE INC 2,693.00 280.00PUBLIC WORKS OPS G & A TRAININGEMPLOYERS ASSOCIATION INC 280.00 625.00REILLY G & A GENERAL PROFESSIONAL SERVICESENSR CORPORATION 15,380.29SAMPLINGGENERAL PROFESSIONAL SERVICES 2,732.50STUDIESGENERAL PROFESSIONAL SERVICES 18,737.79 69.85GENERAL REPAIR EQUIPMENT PARTSENVIRONMENTAL EQUIPMENT & SERV 69.85 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 8 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 8Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 11.69WATER UTILITY G&A GENERAL CUSTOMERSERNST, KIM 11.69 1,556.24SOLID WASTE G&A POSTAGEEUREKA RECYCLING 3,347.97SOLID WASTE G&A PRINTING & PUBLISHING 4,904.21 18.70WATER UTILITY G&A SMALL TOOLSFASTENAL COMPANY 137.61WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 341.33SEWER UTILITY G&A GENERAL SUPPLIES 497.64 1,225.00SOCCEROTHER CONTRACTUAL SERVICESFERNANDEZ, MOISES 1,225.00 300.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESFLANNIGAN, JANE 300.00 676.32SEWER UTILITY G&A EQUIPMENT PARTSFLEXIBLE PIPE TOOL 676.32 501.98HUMAN RESOURCES TRAININGFOSSE, ALI 501.98 34.12PUBLIC WORKS G & A GENERAL SUPPLIESFRANKLIN COVEY 34.12 1,000.00ESCROWSPMC ESCROWFRIE, JOSHUA & JESSICA 1,000.00 4,641.68GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESFRIES, JOEL 4,641.68 120.76-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSGENERAL SAFETY EQUIPMENT CORP 1,978.61GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,857.85 39.00ORGANIZED REC G & A TRAININGGOLDEN VALLEY, CITY OF 39.00 2,642.50ASSET MANAGEMENT GENERAL PROFESSIONAL SERVICESGOODPOINTE TECHNOLOGY CORP (C/ 2,642.50 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 9 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 9Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 1,156.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 1,156.00 600.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPSGOVERNMENT FINANCE OFFICERS AS 600.00 102.96APPLICATION SUPPORT/SERVICE SEMINARS/CONFERENCES/PRESENTATGRAHAM, NATHAN 102.96 442.20GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESGRAINGER INC, WW 124.23WATER UTILITY G&A SMALL TOOLS 566.43 600.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICESGREEN, HOWARD R COMPANY 600.00 4,865.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGROTH SEWER & WATER 4,865.00 13,770.52TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEHAINES TREE SERVICE, B J 13,770.52 145.55OPERATIONSSEMINARS/CONFERENCES/PRESENTATHALE, JOHN 145.55 3,118.34WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 845.38WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 3,963.72 229.61STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHD SUPPLY WATERWORKS LTD 229.61 98.83WATER UTILITY G&A GENERAL CUSTOMERSHECHTER, BYRON 98.83 528.10STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHEDBERG AGGREGATES 528.10 15.17POSTAL SERVICES GENERAL SUPPLIESHEGNA, JESSICA 19.87WESTWOOD G & A GENERAL SUPPLIES Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 10 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 10Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 7.01NVYGENERAL SUPPLIES 1.60HALLOWEEN PARTY GENERAL SUPPLIES 43.65 930.68OPERATIONSRADIO COMMUNICATIONSHENNEPIN COUNTY INFO TECH 315.16OPERATIONSEMERGENCY PREPAREDNESS 1,245.84 4,000.00MAINTENANCEOTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 8,000.00 2,345.09POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFF 2,345.09 921.00POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER 921.00 359.03WATER UTILITY G&A GENERAL CUSTOMERSHOIGAARDS 359.03 46.80GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESHOME DEPOT CREDIT SERVICES 10.03SANDING/SALTING EQUIPMENT PARTS 354.58INSTALLATIONSMALL TOOLS 83.71PAINTINGOTHER IMPROVEMENT SUPPLIES 32.83BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 28.73PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 103.35WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 296.17WATER UTILITY G&A OTHER 34.19WATER UTILITY G&A BUILDING MTCE SERVICE 42.64STORM WATER UTILITY G&A SMALL TOOLS 1,033.03 167.40INSPECTIONS G & A BUILDINGHOMESURE INC 167.40 308.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 308.00 24,362.94INSTALLATIONOTHER IMPROVEMENT SUPPLIESHUBBELL LIGHTING INC 24,362.94 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 11 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 11Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 35.38IRRIGATION MAINTENANCE GENERAL SUPPLIESHYDROLOGIC WATER MGMT 35.38 279.87SEWER UTILITY G&A OTHERI-STATE TRUCK CENTER 279.87 1,520.40EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,520.40 517.82SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIESICI DULUX PAINT CENTERS 517.82 1,179.44CABLE TV G & A OTHER CONTRACTUAL SERVICESIMPLEX.NET INC 1,179.44 133.80INSPECTIONS G & A BUILDINGIN-EX DESIGNS 133.80 15.85SANDING/SALTING EQUIPMENT PARTSINDELCO 15.85 1,575.10CITY HALL GENERAL PROFESSIONAL SERVICESINSPEC INC 1,575.10 1.56-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSINTAB INC 25.56ADMINISTRATION G & A GENERAL SUPPLIES 24.00 499.01GENERAL REPAIR EQUIPMENT PARTSINTERSTATE BATTERY SYSTEM OF M 499.01 357.14GENERAL REPAIR EQUIPMENT PARTSINVER GROVE FORD 357.14 133.94WATER UTILITY G&A GENERAL CUSTOMERSJACOBSON, WILLIAM 133.94 28,112.40CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIJEDLICKI INC, G F 28,112.40 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 12 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 12Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 23.20GENERAL REPAIR GENERAL SUPPLIESJERRY'S MIRACLE MILE 23.20 7.86-SEWER UTILITY BALANCE SHEET DUE TO OTHER GOVTSJM CONSULTING LTD 128.83SEWER UTILITY G&A OFFICE EQUIPMENT 120.97 3,850.00PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY 3,850.00 23,125.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEKEYS WELL DRILLING CO 23,125.00 1,015.00SOCCEROTHER CONTRACTUAL SERVICESKOBILKA, BENJAMIN 1,015.00 16.80BEAUTIFICATION / FLOWERS GENERAL SUPPLIESKRZESOWIAK, SARAH 16.80 251.15GENERAL REPAIR EQUIPMENT PARTSLANO EQUIPMENT INC 251.15 43.88HOUSING REHAB G & A TRAVEL/MEETINGSLARSEN, KATHY 6.00HOUSING REHAB G & A MEETING EXPENSE 49.88 2,381.82EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,381.82 6,812.00EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l expLEAGUE OF MINNESOTA CITIES 6,812.00 30.00OPERATIONSTRAININGLEAGUE OF MN CITIES 30.00 1,000.00ESCROWSPMC ESCROWLECHELT, MARY & DAVID 1,000.00 100.00WATER UTILITY G&A GENERAL CUSTOMERSLEWIS, SUSAN 100.00 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 13 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 13Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 85.75POLICE G & A OTHER CONTRACTUAL SERVICESLEXISNEXIS 85.75 248.62IT G & A COMPUTER SERVICESLOGIS 37,949.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICES 3,191.34NETWORK SUPPORT SERVICES COMPUTER SERVICES 1,819.03APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT 43,207.99 68.72GENERAL REPAIR EQUIPMENT PARTSLUPIENT CHEVROLET OF BLOOMINGT 68.72 15.40-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSMACHINE TOOL SUPPLY 252.33GENERAL REPAIR EQUIPMENT PARTS 236.93 622.80GENERAL REPAIR EQUIPMENT PARTSMACQUEEN EQUIP CO 2,440.85SEWER UTILITY G&A EQUIPMENT PARTS 128,574.26EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 131,637.91 4,000.00ESCROWSPMC ESCROWMEIER, D G 4,000.00 65.12ROUTINE MAINTENANCE SMALL TOOLSMENARDS 4.64RELAMPINGOTHER IMPROVEMENT SUPPLIES 173.07SKATING RINK MAINTENANCE GENERAL SUPPLIES 245.69HALLOWEEN PARTY GENERAL SUPPLIES 44.35WATER UTILITY G&A BUILDING MTCE SERVICE 532.87 10,162.13SEWER UTILITY G&A GENERAL CUSTOMERSMETHODIST HOSPITAL 10,162.13 93.44OPERATIONSGENERAL SUPPLIESMETRO FIRE INC 150.46OPERATIONSSMALL TOOLS 243.90 852.00POLICE G & A EQUIPMENT MTCE SERVICEMETRO SALES INC 852.00 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 14 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 14Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 424.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS 424.00 294,271.77OPERATIONSCLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL 294,271.77 53.70POLICE G & A GENERAL PROFESSIONAL SERVICESMID AMERICA BUSINESS SYSTEMS 53.70 708.04PATCHING TEMPORARY OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 708.04 471.95VEHICLE MAINTENANCE G&A MOTOR FUELSMIDWEST FUELS INVER GROVE HEIG 471.95 176.39SEWER UTILITY G&A OTHERMILWAUKEE ELECTRIC TOOL CORP 176.39 88.50ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS AREA ASSOC REALTOR 88.50 125.00SUPPORT SERVICES TRAININGMINNEAPOLIS COMMUNITY COLLEGE 125.00 250.00ADDITIONAL DUTIES SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS RIFLE CLUB 250.00 1,341.07EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,341.07 100.00FACILITY ROOM RENTAL RENT REVENUEMINNESOTA NURSES ASSOCIATION 100.00 180.00PARK MAINTENANCE G & A SEMINARS/CONFERENCES/PRESENTATMINNESOTA SPORTS TURF MANAGERS 180.00 20.00BOILER MTCE LICENSESMN DEPT LABOR & INDUSTRY 20.00 50.00BEAUTIFICATION / FLOWERS OFFICE SUPPLIESMN DEPT NATURAL RESOURCES - OM 50.00 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 15 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 15Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 63.90OPERATIONSTRAININGMNFIAM BOOK SALES 63.90 290.00HUMAN RESOURCES TRAININGMOBIUS INC 290.00ENTERPRISE G & A TRAINING 580.00 2,072.77GENERAL REPAIR EQUIPMENT MTCE SERVICEMORRIE'S PARTS & SERVICE GROUP 2,072.77 142.03-PARK IMPROVE BALANCE SHEET DUE TO OTHER GOVTSMOST DEPENDABLE FOUNTAINS 2,327.03PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 2,185.00 319.99PREVENTATIVE MAINTENANCE EQUIPMENT PARTSMTI DISTRIBUTING CO 319.99 178.50PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESNANCY'S CRAFT CAPERS 178.50 20.75GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESNAPA (GENUINE PARTS CO) 74.00PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVES 133.73PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 155.82GENERAL REPAIR GENERAL SUPPLIES 1,580.63GENERAL REPAIR EQUIPMENT PARTS 1,964.93 205.01VEHICLE MAINTENANCE G&A GENERAL SUPPLIESNEP CORP 205.01 71.82ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS 156.33HUMAN RESOURCES TELEPHONE 334.68RESEARCH & DEVELOPMENT TELEPHONE 312.08ASSESSING G & A TELEPHONE 115.64FINANCE G & A TELEPHONE 139.57EDA / HA REIMBURSEMENT TELEPHONE 967.85POLICE G & A TELEPHONE 438.22OPERATIONSTELEPHONE 64.82INSPECTIONS G & A TELEPHONE 236.06ENGINEERING G & A TELEPHONE 383.63PUBLIC WORKS OPS G & A TELEPHONE Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 16 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 16Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 82.59PARK AND REC G&A TELEPHONE 397.81ORGANIZED REC G & A TELEPHONE 321.88PARK MAINTENANCE G & A TELEPHONE 64.82ENVIRONMENTAL G & A TELEPHONE 273.79WESTWOOD G & A TELEPHONE 98.97REC CENTER/AQUATIC PARK SAL TELEPHONE 105.87VEHICLE MAINTENANCE G&A TELEPHONE 367.11WATER UTILITY G&A TELEPHONE 122.78SEWER UTILITY G&A TELEPHONE 31.29SOLID WASTE G&A TELEPHONE 5,087.61 280.34WATER UTILITY G&A GENERAL CUSTOMERSNOAM, DARCHEI 280.34 17,945.00PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDINORTHERN DEWATERING INC 17,945.00 1,508.05SEWER UTILITY G&A GENERAL SUPPLIESNORTHERN WATER WORKS SUPPLY 1,508.05 50,000.00TASK FORCE GRANTS - STATENORTHWEST DRUG TASKFORCE 50,000.00 213.93GENERAL REPAIR EQUIPMENT PARTSO'REILLY AUTO PARTS 213.93 174.20ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE 174.20 262.65ADMINISTRATION G & A GENERAL SUPPLIESOFFICE DEPOT 10.53IT G & A GENERAL SUPPLIES 171.47DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT 91.93FINANCE G & A OFFICE SUPPLIES 29.32GENERAL INFORMATION OFFICE SUPPLIES 269.11GENERAL BUILDING MAINTENANCE GENERAL SUPPLIES 421.57POLICE G & A OFFICE SUPPLIES 109.19COMMUNICATIONS/GV REIMBURSEABL OFFICE SUPPLIES 195.87INSPECTIONS G & A GENERAL SUPPLIES 127.10PUBLIC WORKS G & A OFFICE SUPPLIES 1,688.74 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 17 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 17Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 131.86NETWORK SUPPORT SERVICES DATACOMMUNICATIONSOFFICE OF ENTERPRISE TECHNOLOG 62.86VOICE SYSTEM MTCE TELEPHONE 4,156.29FACILITY OPERATIONS TELEPHONE 100.15NEIGHBORHOOD OUTREACH TELEPHONE 751.14COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 5,202.30 40.00IT G & A SUBSCRIPTIONS/MEMBERSHIPSOFFICE OF THE SECRETARY OF STA 40.00 1,716.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 1,716.00 97.73OPERATIONSOPERATIONAL SUPPLIESOHLIN SALES INC 97.73 195.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCEOLSON, EMILY 195.00 1,049.45PORTABLE TOILETS OTHER CONTRACTUAL SERVICESON SITE SANITATION 58.58NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 63.90SOLID WASTE G&A GENERAL SUPPLIES 1,171.93 760.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESPACE ANALYTICAL SERVICES INC 760.00 122.19GENERAL REPAIR EQUIPMENT PARTSPARK JEEP 122.19 150.00HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICESPARTY UNIT 150.00 405.50PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESPETERSEN ALUMINUM CORP 405.50 14.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATPETTY CASH 29.73ADMINISTRATION G & A MEETING EXPENSE 34.12ADMINISTRATION G & A MILEAGE-PERSONAL CAR 5.29HUMAN RESOURCES OFFICE SUPPLIES 12.17HUMAN RESOURCES CITE Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 18 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 18Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 16.80POSTAL SERVICES POSTAGE 10.00ASSESSING G & A GENERAL SUPPLIES 8.10ASSESSING G & A OPERATIONAL SUPPLIES 40.00ASSESSING G & A MEETING EXPENSE 2.70POLICE G & A POSTAGE 5.00SUPERVISORYSEMINARS/CONFERENCES/PRESENTAT 5.50OPERATIONSTRAINING 35.35INSPECTIONS G & A GENERAL SUPPLIES 19.00INSPECTIONS G & A MEETING EXPENSE 8.16WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 18.34WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 8.75WATER UTILITY BUDGET POSTAGE 273.01 1,660.58PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC 1,660.58 16.20GENERAL REPAIR EQUIPMENT PARTSPIONEER RIM & WHEEL CO 16.20 3,900.00COMM & MARKETING G & A POSTAGEPOSTMASTER - PERMIT #603 3,600.00BROCHUREPOSTAGE 473.77WATER UTILITY G&A POSTAGE 473.78SEWER UTILITY G&A POSTAGE 473.77SOLID WASTE COLLECTIONS POSTAGE 473.77STORM WATER UTILITY G&A POSTAGE 9,395.09 566.58GENERAL REPAIR EQUIPMENT PARTSPRAIRIE LAWN & GARDEN 566.58 160.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESPROGRESSIVE CONSULTING ENGINEE 140.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 6,885.00PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 7,185.00 2,979.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 2,979.00 1,786.92FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC 777.75REC CENTER BUILDING GARBAGE/REFUSE SERVICE Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 19 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 19Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 76.50WATER UTILITY G&A GARBAGE/REFUSE SERVICE 740.33SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 3,381.50 296.95GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESRETROFIT RECYCLE INC 559.05BUILDING MAINTENANCE BUILDING MTCE SERVICE 856.00 378.00ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESRICHARDSON, TERESA 378.00 132.64WATER UTILITY G&A GENERAL CUSTOMERSSARI, EVANGELOUS 132.64 418.10BUILDING MAINTENANCE GENERAL SUPPLIESSCAN AIR FILTER INC 418.10 400.00INSPECTIONS G & A BUILDINGSCHADEGG MECHANICAL 400.00 17.51STORM WATER UTILITY G&A GENERAL SUPPLIESSEARS COMMERCIAL ONE 17.51 308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESSEH 308.00 320.40ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH 320.40 91.32WATER UTILITY G&A GENERAL CUSTOMERSSIMMONS, SCOTT 91.32 1,240.48EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,240.48 350.00OPERATIONSTRAININGSOUTH METRO PUBLIC SAFETY TRAI 350.00 101.79-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSSPORT SUPPLY GROUP INC 1,667.78PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 1,565.99 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 20 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 20Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 60.59SWEEPINGEQUIPMENT PARTSSPS COMPANIES INC 35.52STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 96.11 973.09GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 1,306.39PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 6,491.38PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 81,482.09PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDI 1,072.21CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 91,325.16 602.09GENERAL REPAIR EQUIPMENT PARTSSTONEBROOKE EQUIPMENT INC 602.09 68.12ADMINISTRATION G & A MEETING EXPENSESTROTH, NANCY 68.12 432.50WATER UTILITY G&A YARD WASTE SERVICESTRUCTURAL DESIGN ASSOC INC 432.50 1,367.30WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATSUITES AT WATERFRONT PLAZA, TH 1,367.30 561.30ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 944.00SOLID WASTE G&A ADVERTISING 1,505.30 405.00PAINTINGBUILDING MTCE SERVICESWANSON & YOUNGDALE INC 405.00 27.50ORGANIZED REC G & A MILEAGE-PERSONAL CARSWANSON, JORDAN 27.50 63.00ADMINISTRATION G & A GENERAL SUPPLIESSYNERGY GRAPHICS INC 63.00 390.00TRAININGSEMINARS/CONFERENCES/PRESENTATTCALMC 390.00 59.34ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 59.34 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 21 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 21Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 97.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 97.00 304.00ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 304.00 1,137.28SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICESTKDA 1,137.28 2,747.70TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICETOP NOTCH TREE CARE 2,747.70 36.19GENERAL REPAIR EQUIPMENT PARTSTOWMASTER 36.19 1,925.00DESKTOP SUPPORT/SERVICES GENERAL PROFESSIONAL SERVICESTRESERA CONSULTING LLC 1,925.00 50.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSTRI-COUNTY LAW ENFORCEMENT ASS 50.00 176.39GROUNDS MTCE LANDSCAPING MATERIALSTRUGREEN CHEMLAWN 176.39 869.40INSPECTIONS G & A BUILDINGTURCO CONSTRUCTION 869.40 6,928.33PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTWIN CITY HARDWARE 6,928.33 165.00POLICE G & A RENTAL OTHERU-SAVE PARK SELF STORAGE 165.00 882.00GENERAL BUILDING MAINTENANCE EQUIPMENT MTCE SERVICEUHL CO INC 882.00 244.50EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 244.50 200.00INSPECTIONS G & A TRAININGUNIVERSITY OF MINNESOTA 200.00 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 22 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 22Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 110.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 110.00 76.18SEWER UTILITY G&A POSTAGEUPS STORE 76.18 7.99GENERAL REPAIR GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC 8.02SEWER UTILITY G&A GENERAL SUPPLIES 16.01 554,796.37CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIVALLEY PAVING INC 554,796.37 1,360.17VOICE SYSTEM MTCE TELEPHONEVERIZON WIRELESS 1,360.17 1,358.00VEHICLE MAINTENANCE G&A GENERAL SUPPLIESVIKING ID PRODUCTS 1,358.00 44.30WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR 44.30 1,038.63SEWER UTILITY G&A OTHER CONTRACTUAL SERVICESWASTE MANAGEMENT 1,038.63 1,449.97WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESWEBER ELECTRIC 1,449.97 56.70ADULT PROGRAMS PROGRAM REVENUEWILKINS, SUSAN 56.70 48.68WATER UTILITY G&A GENERAL CUSTOMERSWOJCIECHOWSKI, SHELLEY 48.68 20.07OPERATIONSELECTRIC SERVICEXCEL ENERGY 25,260.14PUBLIC WORKS OPS G & A ELECTRIC SERVICE 5,041.49PARK MAINTENANCE G & A ELECTRIC SERVICE 18.86BRICK HOUSE (1324)ELECTRIC SERVICE 58.67WW RENTAL HOUSE (1322)ELECTRIC SERVICE 36,968.27OPERATIONSELECTRIC SERVICE 646.03OPERATIONSELECTRIC SERVICE Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 23 10/30/2008CITY OF ST LOUIS PARK 8:23:23R55CKSUM LOG23000VO 23Page -Council Check Summary 10/31/2008 -10/18/2008 Vendor AmountBusiness Unit Object 3,373.45SEWER UTILITY G&A ELECTRIC SERVICE 1,576.05OPERATIONSELECTRIC SERVICE 44.36WIRELESS G & A OTHER CONTRACTUAL SERVICES 73,007.39 1,607.25WIRELESS G & A OTHER CONTRACTUAL SERVICESXO COMMUNICATIONS 1,607.25 1,520.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESYOUNG ARTIST RESOURCE, LLC 1,520.00 324.84NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESZANDER, LOIS 324.84 124.40WESTWOOD G & A GENERAL SUPPLIESZEE MEDICAL SERVICE 124.40 Report Totals 1,719,250.37 Meeting of November 3, 2008 (Item No. 4j) Subject: Vendor Claims Page 24 Meeting Date: November 3, 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: 2009 Employer Benefits Contribution RECOMMENDED ACTION: Motion to approve Resolution Establishing 2009 Employer Benefits Contribution. POLICY CONSIDERATION: Does Council approve the recommended amount for the 2009 employer contribution? BACKGROUND: This report details the City’s benefits planned for 2009, and staff’s recommendation for setting the employer contribution for 2009. Medical Insurance: The City moved from the LOGIS consortium to insuring on our own in 2007. We have had Blue Cross/Blue Shield medical insurance since 2007 and received a 12% premium decrease in 2007 and a 14% increase in 2008. Rates for 2009 were unknown, and a review of our benefits utilization showed that we would likely receive a large premium increase from BCBS for 2009 (over 20%) due to high experience levels. The City has a Benefits Committee that consists of employees represented by all departments and all union groups. The purpose of the Committee is to help educate staff on benefits and to get a pulse on what our staff is interested in seeing in our benefits design. As in past years, benefit information was reviewed with the Benefits Committee. Although we were not required to go out to the market for formal bids, due to our concern on 2009 rates, the Committee recommended that the City request bids from several vendors for 2009. 2009 quotes: We received bids from three vendors: BCBS - 7.06%, Health Partners - 11.05% and Medica - 28.6% (Preferred One refused to quote). We requested multi-year quotes but none of the three would quote a second year. We were fortunate that BCBS came back with the most favorable rates for 2009, with an average increase of only 7.06%, and no changes to our plan designs. This increase is significantly lower than expected and is on the low end for general trend. Our rates continue to be lower than most other comparable cities as well as the LOGIS group. Our plan design continues to stay high quality with three plan options for our employees. Meeting of November 3, 2008 (Item No. 8a) Page 2 Subject: 2009 Employer Benefits Contribution We will continue to offer health insurance to our employees through BCBS as follows: 2009 Medical Insurance Monthly Premiums (Average 7.06% Increase for 2009) Aware (Open Plan Design) 2008 2009 Single $ 396.00 $ 418.00 Employee + Spouse $ 871.50 $ 920.00 Employee + Child(ren) $ 832.00 $ 878.50 Family $1,110.00 $1,172.00 Preferred Gold (Select a Network) 2008 2009 Single $ 375.00 $ 406.00 Employee + Spouse $ 825.50 $ 894.00 Employee + Child(ren) $ 787.50 $ 853.00 Family $1,050.00 $1,137.50 High Deductible (VEBA) 2008 2009 Deductible Single $ 275.50 $ 296.50 $2,500 Employee + Spouse $ 605.50 $ 652.00 $5,000 Employee + Child(ren) $ 577.50 $ 621.50 $5,000 Family $ 770.00 $ 829.00 $5,000 A Refresher on VEBAs The City continues to offer a Health Reimbursement Arrangement (HRA) with a VEBA funding mechanism in coordination with the High Deductible Health Plan. Funds from the employee’s monthly employer contribution will be placed in a VEBA trust in an individual’s name to cover eligible medical expenses. VEBA funds not spent will stay with the individual and roll over each year for future expenses. VEBA funds are set aside tax free, earn tax free interest, and are reimbursed tax free. The VEBA account stays with the individual even after they leave employment and can be used to pay qualified medical expenses. Dental Insurance: We are a member of an alliance of cities who bid on dental rates together. We had been given a 6% rate cap for 2009, but due to experience, our renewal is only a 3.36% increase. We are pleased with the renewal and there continues to be no changes to the plan design for 2009. Dental is a voluntary program for our employees. 2009 Monthly Dental Rates with Delta Dental (3.36% Increase) 2008 2009 Single $39.75 $41.10 Family $90.40 $93.45 Meeting of November 3, 2008 (Item No. 8a) Page 3 Subject: 2009 Employer Benefits Contribution Life Insurance: We are pleased to continue our life insurance program through Prudential Life with no rate increase and a rate guarantee for 2009 and 2010. In our basic life insurance plan, all employees receive a mandatory benefit of $10,000 and a supplemental option to purchase additional insurance up to $500,000 and spouse and dependent life insurance as well. Exempt employees are provided with an additional basic insurance amount of 1.5 times their salary. Long Term Disability (LTD): LTD is a voluntary benefit for our non-exempt employees and is provided to our exempt employees at no cost. Like dental insurance, we are banded together with other metro area cities in an alliance to find premium savings in a group bid. The group received an unfavorable renewal quote from our 2006 - 2008 vendor (The Standard) and requested bids from other vendors. Several more favorable options were received, and the alliance agreed to switch vendors to The Hartford for LTD coverage. The Hartford has provided very favorable rate decreases for 2009, with a three-year rate guarantee, and no changes to our current plan design. Deferred Compensation: The City offers four deferred compensation programs (457 plans). Deferred compensation is a program that allows employees to invest today for retirement. Federal and (in most cases) state income taxes are deferred until assets are withdrawn, usually during retirement when employees may be in a lower tax bracket. This is a voluntary program for employees. There is no change for 2009. Recommendation for 2009 Employer Contribution: In 2008, Council took the final step in equalizing the monthly employer contribution for exempt and non-exempt employees, a process that had been ongoing since 2005. All employees currently receive an equal monthly employer contribution. This monthly benefit amount is pro-rated for part-time employees. Staff recommends a $30 increase (from $720/month to $750/month) to the monthly employer contribution for all benefit earning employees in 2009. FINANCIAL OR BUDGET CONSIDERATION: The amount recommended for approval has been included in the 2009 budget. VISION CONSIDERATION: Offering a competitive benefits package helps in recruitment and retention of connected, engaged, and diverse staff. Attachments: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 8a) Page 4 Subject: 2009 Employer Benefits Contribution RESOLUTION NO. 08-______ RESOLUTION ESTABLISHING 2009 EMPLOYER BENEFITS CONTRIBUTION WHEREAS, the City Council has established a benefit plan that provides an effective means for providing employee group benefits; and WHEREAS, the City Council establishes rates and plans for each calendar year; and WHEREAS, the administration of such plans will be in accordance with plan documents as approved by the City Manager, who will also set policy and procedures for benefit level classification and administration of plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park the following changes for 2009 benefits: 1. Effective January 1, 2009, the monthly contribution of benefit dollars from the City for non- union regular employees, including the City Manager, who work at least 30 hours per week, be set at $750 per month. 2. Effective January 1, 2009, the monthly contribution of benefit dollars from the City for non- union regular employees (classified as .5 FTE) working 20 through 29 hours per week shall be set at 50% of the full time monthly contribution. 3. The City will continue to administer other benefit programs. 4. The appropriate City officials are hereby authorized and directed to deduct the balance of any sum premium from the compensation of an employee or officer and remit to the insurer under an approved contract the employee’s or officer’s share of any such premium. Reviewed for Administration: Adopted by the City Council November 3, 2008 City Manager Mayor Attest: City Clerk Meeting Date: November 3, 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: First Reading of Zoning Ordinance Amendments relating to communication towers and antennas. RECOMMENDED ACTION: Staff requests Council to continue the first reading of the attached ordinance and refer the proposed ordinance to the Planning Commission for review and public comment. BACKGROUND: The proposed ordinance was heard by the Planning Commission on July 2, 2008, and the Council at a regular meeting on July 7 and at a study session on August 18, 2008. Since August 18th, it was reviewed by the Council at two additional study sessions, and one regular meeting. During the course of those discussions numerous amendments were made to the proposed ordinance resulting in a draft that is substantially changed from the version reviewed by the Planning Commission. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. Attachments: Proposed Ordinance Amendments relating to Towers and Antennas Prepared by: Gary Morrison, Assistant Zoning Administrator Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 8b) Page 2 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas Proposed Ordinance Sec. 36-4. Definitions. *** Height Communication Towers and Antennas. The height of a communication tower or antenna which is not attached to a building shall be determined by measuring the vertical distance from the point of contact with the ground of the communication tower or antenna to the highest point of the communication tower, or antenna, including, in the case of a communication tower, all antennas and other attachments. *** Sec. 36-78. Height limitations. (a) Height limitations set forth elsewhere in this ordinance shall be increased by 50 percent when applied to the following structures: (1) Art objects in non-residential districts and accessory to permitted principal non-residential uses (churches, schools, parks, etc.) in residential districts. (Ord. No. 2255-03, 11-3-03) (2) Belfries. (3) Chimneys. (4) Church spires. (5) Communication towers. Heights in excess of those allowed under this section shall be permitted only by conditional use permit granted by resolution of the city council determining that such structure would not be dangerous and would not adversely affect adjoining or adjacent property. This determination will be made based on the following conditions: a. Distance from abutting residential property. b. Tower design and collapse radius. Aesthetic considerations such as color and design. [Renumber accordingly] (6) Cooling towers. (7) Cupolas and domes which do not add additional floor area. (8) Elevator penthouses. (9) Fire and hose towers. (10) Flagpoles. Meeting of November 3, 2008 (Item No. 8b) Page 3 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas (11) Monuments. (12) Observation towers. (13) Smokestacks. (b) Parapet walls extending not more than three feet above the limiting height of the building. (c) Water towers are exempt from height limitations. *** Sec. 36-142. Descriptions *** (c.) Institutional Use. (1) Antenna means any free-standing structure or device attached to a building used for the purpose of collecting or transmitting electromagnetic waves through the air, including but not limited to directional antennas, such as panels, microwaves dishes, and satellite dishes, and omni-directional antennas, such as whip antennas, except for Building- Mounted antennas for private use on the premises where it is located, such as ham radio antennas, and antennas receiving television or radio signals. (2) Communication tower means a free-standing tower structure which supports one or more antennae for broadcasting, receiving or relaying waves or signals through the air; including and includes accessory uses directly related to the tower, such as utility buildings. those activities. The tower and antennae heights result in negative visual and sight line impacts. *** [Renumber accordingly] *** Sec. 36-151. POS park and open space district *** (d) Uses permitted by conditional use permit. No structure or land in any POS district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all general conditions provided in section 36-365 and with the specific conditions imposed in this subsection. (1) Communication towers up to 70 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). *** (e) (d) Accessory uses. *** (3) Communication tower *** Meeting of November 3, 2008 (Item No. 8b) Page 4 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas (f) (e) Dimensional standards/densities. *** Sec. 36-163. R-1 single-family residence district *** (c) Uses permitted with conditions. *** (9) Communication towers. The conditions are as follows: that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. Sign shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 45 feet high. d. Tower structures shall not be permitted within any required yard. e. A free-standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. (d) Uses permitted by conditional use permit. *** (5) Communication towers more than 45 feet in height but not to exceed 70 feet in height., subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-164. R-2 single-family residence district *** (c) Uses permitted with conditions. (9) Communication towers. The conditions are as follows: that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 45 feet high. d. Tower structures shall not be permitted within any required yard. Meeting of November 3, 2008 (Item No. 8b) Page 5 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas e. A free-standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. *** (d) Uses permitted by conditional use permit. *** (3) Communication towers more than 45 feet in height but not to exceed 70 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-165. R-3 two-family residence district *** (c) Uses permitted with conditions. *** (10) Communication towers . The conditions are as follows: that are 45 feet or less in height, subject to Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 52.5 feet high. d. Tower structures shall not be permitted within any required yard. e. A free-standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. *** (d) Uses permitted by conditional use permit. *** (4) Communication towers more than 45 feet in height but not to exceed 70 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-166. R-4 multiple-family residence district *** (c) Uses permitted with conditions. Meeting of November 3, 2008 (Item No. 8b) Page 6 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas *** (11) Communication towers. The conditions are as follows: that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 60 feet high. d. Tower structures shall not be permitted within any required yard. e. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. (d) Uses permitted by conditional use permit. *** (9) Communication towers more than 45 feet in height but not to exceed 70 feet in height. , subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-167. RC high-density multiple-family residence district. *** (c) Uses permitted with conditions. *** (11) Communication towers . The conditions are as follows: that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 112.5 feet high. d. Tower structures shall not be permitted within any required yard. Meeting of November 3, 2008 (Item No. 8b) Page 7 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas e. A free standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. *** (d) Uses permitted by conditional use permit. *** (6) Communication towers and antennas more than 45 feet in height but not to exceed 70 feet in height. , subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-193. C-1 neighborhood commercial district. *** (c) Uses permitted with conditions. *** (21) Communication towers. The conditions are as follows: that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. The tower structures shall be screened to minimize visual impacts. b. The tower structures shall be a maximum of 52.5 feet high. c. The tower structure shall not be permitted within any required yard. d. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. e. Any tower exceeding 50 feet shall be painted light blue-gray in color. f. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. g. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. h. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. Meeting of November 3, 2008 (Item No. 8b) Page 8 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas i. Signs shall not be permitted on the tower structure or the antenna. *** (d) Conditional uses. Uses permitted by conditional use permit. *** (9) Communication towers more than 45 feet in height but not to exceed 70 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-194. C-2 general commercial district. *** (c) Uses permitted with conditions. *** (20) Communication towers. The conditions are as follows: that are 110 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. The tower structures shall be screened to minimize visual impacts. b. The tower structures shall be a maximum of 112.5 feet high. c. The tower structure shall not be permitted within any required yard. d. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. e. Any tower exceeding 50 feet shall be painted light blue-gray in color. f. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. g. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. h. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. i. Signs shall not be permitted on the tower structure or the antenna. *** (d) Uses permitted by conditional use permit. *** (15) Communication towers more than 110 feet in height but not to exceed 170 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). Meeting of November 3, 2008 (Item No. 8b) Page 9 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas *** Sec. 36-223. O Office district. *** (c) Uses permitted with conditions. *** (17) Communication towers. The conditions are as follows: that are 110 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. Communication towers shall be screened to the greatest extent practicable to minimize visual impacts. b. Communication towers shall be limited in height to 360 feet. c. Communication towers shall not be permitted within any required yard. d. No freestanding communication tower shall be located within 1 1/2 times its collapse radius from any property line. e. Any tower exceeding 50 feet shall be painted light blue-gray in color. f. If a tower exceeds 50 feet in height, the applicant shall demonstrate that the desired result cannot be achieved by piggybacking the proposed antenna on another existing tower or building. g. The owner shall permit joint use of any tower exceeding 50 feet in height. h. Any tower exceeding 50 feet in height shall bc located at a distance of at least 1.5 times its height from any R-1, R-2 or R-3 district. i. Signs shall not be permitted on the tower structure or the antenna. *** (d) Uses permitted by conditional use permit. *** (10) Communication towers more than 110 feet in height but not to exceed 170 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-243. I-P industrial park district. *** (c) Uses permitted with conditions. *** Meeting of November 3, 2008 (Item No. 8b) Page 10 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas (4) Communication towers. The conditions are as follows: that are 110 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 112.5 feet high. d. Tower structures shall not be permitted within any required yard. e. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. *** (d) Uses permitted by conditional use permit. *** (5) Communication towers more than 110 feet in height but not to exceed 199 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). *** Sec. 36-244. I-G general industrial district. *** (c) Uses permitted with conditions. *** (8) Communication towers. The conditions are as follows: that are 110 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 112.5 feet high. d. Tower structures shall not be permitted within any required yard. Meeting of November 3, 2008 (Item No. 8b) Page 11 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas e. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. *** Uses permitted by conditional use permit. *** (4) Communication towers that are more than 110 feet in height but not to exceed 199 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). *** DIVISION 8. M-X MIXED USE DISTRICT *** Section 36-263. Uses permitted with conditions (1) General cConditions for mixed use development are as follows: a. (1) The development is in conformance with the comprehensive plan land use designations for the area. b. (2) The development is in conformance with a redevelopment plan for the area that has been adopted as part of the comprehensive plan. c. (3) The development conforms with all performance standards of this district or an adopted overlay district for the area unless certain standards are specifically waived or amended by the adopted redevelopment plan. (2) Communication towers that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). Section 36-264. Uses permitted by conditional use permit. (1) Communication towers more than 45 feet in height but not to exceed 70 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). Sec. 36-264 265. Uses permitted by PUD. *** Meeting of November 3, 2008 (Item No. 8b) Page 12 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas Sec. 36-265 266. Accessory uses. *** (3) Parking lots designed in accordance with section 36-361 except that the number of required spaces may be reduced as provided in subsection 36-266267(6). *** Sec. 36-266 267. Dimensional/performance standards and general requirements. *** Secs. 36-267268--36-290. Reserved. *** Sec. 36-368. Communication towers and antennas. (a) Purpose. (1) To accommodate the reasonable communication needs of residents and business in the community while protecting the public health, safety, and general welfare of the community; (2) To establish appropriate maximum heights of communication towers and antennas, considering their potential adverse impacts on the community at large and the ability to mitigate such impacts; (3) To minimize adverse impacts on properties in close proximity to communication towers and antennas; (4) To minimize adverse visual effects of communication towers and antennas through careful design and siting standards; (5) To avoid potential damage to adjacent properties from communication tower and antenna failure through structural standards and setback requirements; and, (6) To maximize the use of existing communication towers, antennas and buildings to accommodate new antennas in order to reduce the number of communication towers needed to serve the community. (b) Zoning compliance. Communication towers and antennas are allowed as provided in each zoning district and must be in compliance with the provisions of this Ordinance. (c) Co-Location Requirements. (1) A proposal for a new communication tower or antenna shall not be approved unless the applicant shows that the antenna cannot be reasonably accommodated on an existing communication tower or building. (2) The owner of any communication tower exceeding 50 feet in height constructed after the effective date of this Ordinance shall permit the reasonable joint use of the structure for other antennas. (d) Communication Tower Setbacks. Meeting of November 3, 2008 (Item No. 8b) Page 13 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas (1) Monopoles shall be setback at least 10 feet from all lot lines. Communication towers of all other construction type shall be setback a distance equal to 1.5 times their engineered collapse radius, or a distance equal to their height if the communication tower does not have an engineered collapse radius. (2) All communication towers shall be located a minimum distance of twice their height from any parcel zoned or used for residential purposes, or zoned mixed- use. (3) Communication towers supporting amateur radio antennas shall be exempt from subsection (1) and (2) above. They shall be setback at least 15 feet from any property line. (4) Communication towers shall not be located between a principal structure and a public street, with the following exceptions: a. In industrial zoning districts, communication towers may be placed between the building and the side lot line abutting a street. b. On sites adjacent to public streets on all sides, communication towers may be placed between the building and either the side lot line abutting a street or the rear lot line. (e) Location specific regulations for communication towers and antennas. (1) Residential Zoning Districts. a. No more than one communication tower is allowed per parcel. Communication towers located on parcels occupied by residential dwellings are only allowed in the rear yard. b. Communication towers and antennas located on property used for residential purposes shall be limited to communication towers and antennas used for the private enjoyment of those on the premises. (2) Antennas in the Public Right-of-Way. Antennas may co-locate on existing poles or communication towers in the City, County, or State right-of-way within any zoning district. A City Public Works permit for uses in the public right-of-way and written permission from applicable jurisdictions are required. (3) Communication towers shall not be allowed in: a. Department of Natural Resources (DNR) protected wetlands and Wetland Conservation Act (WCA) jurisdiction wetlands. b. Land located within the floodplain, flood fringe and floodway districts. (f) Communication Tower and Antenna Design Requirements. Proposed or modified communication towers and antennas shall meet the following design requirements. (1) Communication towers up to 120 feet in height shall be of a monopole type. (2) Antenna designs and mounts shall be designed to minimize visual impact. (3) Communication Tower Lighting. Communication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state law or regulation that preempts local regulations. When Meeting of November 3, 2008 (Item No. 8b) Page 14 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas incorporated into the approved design of the communication tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the communication tower. (4) Signs, Advertising and Display. The use of any portion of a communication tower for displaying flags, signs other than warning or equipment information signs is prohibited. (5) Associated Equipment. Ground equipment associated with a communication tower or antenna shall be housed in a building. The building shall meet the architectural design standards of the Zoning Ordinance , and shall meet the minimum communication tower setback requirements of the underlying zoning district. (g) Communication Tower Construction and Maintenance Requirements. (1) Construction Requirements. All antennae and communication towers erected, constructed, or located within the City shall obtain a building permit. Every communication tower or free-standing antenna shall be protected to discourage climbing of the tower or antenna by unauthorized persons. (2) Maintenance. Communication tower and antenna finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint, or other blemish. (h) Building-Mounted Antennas. (1) Antennas attached to a building shall be no higher than 15 feet above the highest point of the building and the overall height of the building and antenna shall not be higher than the permitted height of a free-standing antenna or communication tower. (2) All building-mounted equipment shall be consistent with the architectural features of the building and be painted to match the color of the building exterior, roof or sky, whichever is most effective, as determined by the Zoning Administrator. (i) Free-Standing Antennas. Any antenna that is a separate structure and not attached to a building shall comply with all height and other requirements of this Chapter relating to Towers. (j) Additional Submittal Requirements. In addition to the information required elsewhere in this Code, applications for communication towers or antennas that are permitted with conditions or require a conditional use permit shall include the following supplemental information unless it is determined by the Zoning Administrator that certain information is not required based upon the nature of the proposed antenna or communication tower: (1) A report from a qualified and licensed professional engineer that: a. Describes the communication tower height, width including antennas, and design including a cross section and elevation; a site plan which demonstrates all building dimensions and horizontal setbacks of associated equipment, HVAC and decibels, paving, landscaping, security lighting , and fencing. b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; c. Describes the communication tower's capacity, including the number and type of antennas that it can accommodate; Meeting of November 3, 2008 (Item No. 8b) Page 15 Subject: First Reading of Zoning Ordinance Amendments relating to Towers and Antennas d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. Includes other information necessary to evaluate the request; g. Includes the dimensions and expected quality of the existing and proposed transmission service area; h. Includes the location, depth of utilities and other land lines connected to the communication tower and associated equipment; i. Guarantees non-interference with public safety telecommunications, complies with the FCC with regards to all non-interference requirements, and a copy of the FCC approval of the antennae in regards to non-interference. (2) For all communication towers which are not used solely for private use antenna, a letter of intent committing the communication tower owner and his or her successors to allow the shared use of the communication tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (3) Before the issuance of a conditional use permit and/or building permit, proof that the proposed communication tower complies with regulations administered by the Federal Aviation Administration and Federal Communications Commission shall be submitted. (k) Discontinued or Unused Communication Towers or Antennas. All discontinued or unused communication or antennas or portions of communication towers and antennas, together with associated facilities shall be removed within 12 months of the cessation of operations at the site. In the event that a communication tower is not removed within 12 months of the cessation of operations at a site, the communication tower and associated facilities may be removed by the City and the costs of removal assessed against the property. Meeting Date: November 3, 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: Zoning Ordinance Amendments for Institutional Uses in Residential Districts. RECOMMENDED ACTION: Motion to adopt first reading of Zoning Ordinance amendments to require conditional use permits (CUP’s) for institutional uses in residential zoning districts and set second reading for November 17, 2008. POLICY CONSIDERATION: Should the Zoning Ordinance be amended to require conditional use permits (CUPs) for institutional uses in residential zoning districts? BACKGROUND: On July 7, 2008, the City Council considered a first reading of an ordinance amendment that included amendments to residential districts to change educational and religious uses from “permitted with conditions” to permitted with a “conditional use permit” (CUP). On May 21, 2008, the Planning Commission held a hearing and recommended approval of the proposed ordinance. The intent was that schools and religious institutions, while appropriate in residential districts, may have some distinct impacts on the surrounding neighborhood. These include parking and circulation, hours of operation, setbacks, and other items that are typically looked at more closely with conditional uses. At the study session of October 20, 2008, the City Council discussed moving other institutional uses into the CUP category (such as community centers and fire stations) in residential districts. Those uses have been moved into the attached ordinance. SUMMARY OF PROPOSED AMENDMENTS: Sec. 36-163. R-1, R-2, R-3, R-4, and RC residential districts. Institutional uses would be required to obtain a conditional use permit (CUP) in residential zoning districts. A CUP requires a public hearing and notification of property owners within 350 feet of the parcel. Under the existing ordinance, a public hearing, notification, or review by the Planning Commission and City Council is not required for an institutional use to build a new facility or expand an existing one. The standards and requirements for these uses would remain essentially the same for all of the uses; they would simply be transferred from the PC category to the CUP category in the zoning districts, requiring additional review process. Meeting of November 3, 2008 (Item No. 8c) Page 2 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts Institutional Uses in Residential Districts The following would uses would be changed from “Permitted with Conditions” (PC) to “Conditional Use Permit” (CUP) in the various districts: Use R-1 R-2 R-3 R-4 RC Schools X X X X X Religious Institutions X X X X X Community Centers X X X X X Libraries X X X X X Police/Fire Stations X X X X X Bed and Breakfast X X X N/A N/A Transit Station X X X N/A N/A Nursing Home N/A N/A X X X Group day care/nursery school N/A N/A N/A X X Staff recommends that group homes and parks and recreation uses remain as “Permitted with Conditions” in the residential districts, as they have fewer impacts than the larger impact uses in the table above. It is also recommended that in the RC district multifamily dwellings and cluster homes in RC would remain as “Permitted with Conditions” as this is a “High Density Multiple-Family Residential district” and these uses should be allowed by right. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. Attachments: Excerpt of Unofficial City Council Minutes October 20, 2008 Proposed Zoning Ordinance Amendments Prepared by: Meg McMonigal, Planning & Zoning Supervisor Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 8c) Page 3 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts EXCERPT OF UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA OCTOBER 20, 2008 The meeting convened at 6:00 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. C. Paul Carver arrived at 6:12 p.m. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), Planning and Zoning Supervisor (Ms. McMonigal), Community Development Director (Mr. Locke), Assistant Zoning Administrator (Mr. Morrison), Community Development Director (Mr. Zwilling), City Attorney (Mr. Scott) and Recording Secretary (Ms. Schmidt). 2. Zoning Ordinance Amendments for Educational and Religious Institutions Ms. McMonigal presented the staff report. It was the consensus of Council to include all or none of the “permitted with conditions” institutions. The meeting adjourned at 7:22 p.m. Meeting of November 3, 2008 (Item No. 8c) Page 4 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts ORDINANCE NO. ____-08 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-163, 164, 165, 166, 167 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-08-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-163, 164, 165, 166, and 167 is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Sec. 36-163. R-1 single-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-1 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection. *** (2) Community centers. The conditions are as follows: a. The building shall not be located within 50 feet of any lot line of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located at least 25 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03, Ord. No. 2325-07, 5-7-07) (3) Educational (academic). The conditions are as follows: Meeting of November 3, 2008 (Item No. 8c) Page 5 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. (Ord. No. 2325-07, 5-7-07) (4) Libraries. The condition for library buildings is that the buildings shall be located at least 25 feet from a lot in an R district. (52) Parks/recreation. The conditions are as follows: a. The principal structure shall be located at least 50 feet from a lot in an R-district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet from any other structure on the same lot. d. A drainage system approved by the city engineer shall be installed. e. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. (Ord. No. 2325-07, 5-7-07) (6) Police/fire station. The conditions are as follows: a. Buildings shall be located at least 25 feet from a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (7) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. Meeting of November 3, 2008 (Item No. 8c) Page 6 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (8) Bed and breakfast establishments. The conditions are as follows: a. The facility shall be owner occupied. b. The total number of guestrooms shall be limited to three. c. Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. d. Only exterior alterations which do not alter the exterior appearance from its single- family character will be allowed. e. Accommodations may be provided to a guest for a period not exceeding 14 days. f. Food service shall be limited to breakfast. g. Rented rooms shall not contain cooking facilities. h. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. i. No more than 50 percent of the rear yard may be paved or used for parking. (Ord. No. 2325-07, 5-7-07) (10) Transit station. The facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. (d) Uses permitted by conditional use permit. No structure or land in any R-1 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection. *** (5) Community centers. The conditions are as follows: a. The building shall not be located within 50 feet of any lot line of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. Meeting of November 3, 2008 (Item No. 8c) Page 7 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located at least 25 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03, Ord. No. 2325-07, 5-7-07) (6) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (7) Libraries. The condition for library buildings is that the buildings shall be located at least 25 feet from a lot in an R district. (8) Police/fire station. The conditions are as follows: a. Buildings shall be located at least 25 feet from a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (9) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Meeting of November 3, 2008 (Item No. 8c) Page 8 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (10) Bed and breakfast establishments. The conditions are as follows: a. The facility shall be owner occupied. b. The total number of guestrooms shall be limited to three. c. Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. d. Only exterior alterations which do not alter the exterior appearance from its single- family character will be allowed. e. Accommodations may be provided to a guest for a period not exceeding 14 days. f. Food service shall be limited to breakfast. g. Rented rooms shall not contain cooking facilities. h. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. i. No more than 50 percent of the rear yard may be paved or used for parking. (Ord. No. 2325-07, 5-7-07) (11) Transit station. The facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. Sec. 36-164. R-2 single-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-2 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use permitted in this subsection. *** (2) Community centers. The conditions are as follows: Meeting of November 3, 2008 (Item No. 8c) Page 9 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts a. The building shall not be located within 50 feet of any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located a minimum of 25 feet from any lot in an R district. (3) Educational (academic). The conditions are as follows: a. Buildings shall be located a minimum of 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an R district. (4) Libraries. The condition for libraries is that the buildings shall be located a minimum of 25 feet from a lot in an R district. (52) Parks/recreation. The conditions are as follows: a. The principal structure shall be located a minimum of 50 feet from a lot in an R district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located a minimum of 50 feet from any lot line and at least 12 feet from any other structure on the same lot. d. A drainage system approved by the city engineer shall be installed. e. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. (6) Police/fire station. The conditions are as follows: a. Buildings shall be located a minimum of 25 feet from a lot in an R district. Meeting of November 3, 2008 (Item No. 8c) Page 10 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (7) Religious institutions. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (8) Bed and breakfast establishments. The conditions are as follows: a. The facility shall be owner occupied. b. The total number of guestrooms shall be limited to three. c. Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. d. Only exterior alterations which do not alter the exterior appearance from its single- family character will be allowed. e. Accommodations may be provided to a guest for a period not exceeding 14 days. f. Food service shall be limited to breakfast. g. Rented rooms shall not contain cooking facilities. h. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. i. A maximum of 50 percent of the rear yard shall be paved or used for parking. (10) Transit station. The conditions for a transit station is that facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. Meeting of November 3, 2008 (Item No. 8c) Page 11 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts (d) Uses permitted by conditional use permit. No structure or land in any R-2 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365(b) and with the specific conditions imposed in this subsection and such other conditions as may be imposed by the city council under section 36-34(b). *** (3) Community centers. The conditions are as follows: a. The building shall not be located within 50 feet of any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located a minimum of 25 feet from any lot in an R district. (4) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (5) Libraries. The condition for libraries is that the buildings shall be located a minimum of 25 feet from a lot in an R district. (6) Police/fire station. The conditions are as follows: a. Buildings shall be located a minimum of 25 feet from a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. Meeting of November 3, 2008 (Item No. 8c) Page 12 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (7) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (8) Bed and breakfast establishments. The conditions are as follows: a. The facility shall be owner occupied. b. The total number of guestrooms shall be limited to three. c. Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. d. Only exterior alterations which do not alter the exterior appearance from its single- family character will be allowed. e. Accommodations may be provided to a guest for a period not exceeding 14 days. f. Food service shall be limited to breakfast. g. Rented rooms shall not contain cooking facilities. h. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. i. A maximum of 50 percent of the rear yard shall be paved or used for parking. (9) Transit station. The conditions for a transit station is that facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. Meeting of November 3, 2008 (Item No. 8c) Page 13 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts Sec. 36-165. R-3 two-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-3 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection (c): *** (2) Nursing home. The conditions are as follows: a. A minimum of 600 square feet of lot area shall be provided for each person to be housed on the site. b. All structures shall be located at least 30 feet from a lot line of an abutting lot in an R district. c. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) d. The structure housing the use shall comply with the requirements of the state law and the building code regulating the construction of licensed nursing homes. (3) Community centers. The conditions are as follows: a. The building shall not be located within 50 feet of any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located at least 25 feet from any lot in an R district. (4) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. Meeting of November 3, 2008 (Item No. 8c) Page 14 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts (5) Libraries. The condition for libraries is that buildings shall be located a minimum of 25 feet from a lot in an R district. (62) Parks/recreation. The conditions are as follows: a. The principal structure shall be located 50 feet or more from a lot in an R district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet from any other structure on the same lot. d. A drainage system approved by the city engineer shall be installed. e. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. (7) Police/fire station. The conditions are as follows: a. Buildings shall be located at least 25 feet from a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (8) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (9) Bed and breakfast establishments. The conditions are as follows: a. The facility shall be owner-occupied. b. The total number of guestrooms shall be limited to three. Meeting of November 3, 2008 (Item No. 8c) Page 15 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts c. Not more than 50 percent of the gross floor area of the residence shall be used for the guest house operation. d. Only exterior alterations which do not alter the exterior appearance from its single- family or two-family character will be allowed. e. Accommodations may be provided to a guest for a period not exceeding 14 days. f. Food service shall be limited to breakfast. g. Rented rooms shall not contain cooking facilities. h. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. i. No more than 50 percent of the rear yard may be paved or used for parking, (11) Transit station. The condition for a transit station is that facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. (d) Uses permitted by conditional use permit. No structure or land in any R-3 district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, all the general conditions provided in section 36-365, the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under subsection (b) of section 36-34. *** (4) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (5) Nursing home. The conditions are as follows: Meeting of November 3, 2008 (Item No. 8c) Page 16 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts a. A minimum of 600 square feet of lot area shall be provided for each person to be housed on the site. b. All structures shall be located at least 30 feet from a lot line of an abutting lot in an R district. c. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) d. The structure housing the use shall comply with the requirements of the state law and the building code regulating the construction of licensed nursing homes. (6) Community centers. The conditions are as follows: a. The building shall not be located within 50 feet of any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located at least 25 feet from any lot in an R district. (7) Libraries. The condition for libraries is that buildings shall be located a minimum of 25 feet from a lot in an R district. (8) Police/fire station. The conditions are as follows: a. Buildings shall be located at least 25 feet from a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (9) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Meeting of November 3, 2008 (Item No. 8c) Page 17 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (10) Bed and breakfast establishments. The conditions are as follows: a. The facility shall be owner-occupied. b. The total number of guestrooms shall be limited to three. c. Not more than 50 percent of the gross floor area of the residence shall be used for the guest house operation. d. Only exterior alterations which do not alter the exterior appearance from its single- family or two-family character will be allowed. e. Accommodations may be provided to a guest for a period not exceeding 14 days. f. Food service shall be limited to breakfast. g. Rented rooms shall not contain cooking facilities. h. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. i. No more than 50 percent of the rear yard may be paved or used for parking, (11) Transit station. The condition for a transit station is that facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. Sec. 36-166. R-4 multiple-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-4 district may be used for one or more of the following uses if its use complies with the residential restrictions and performance standards of section 36-162 and those conditions specified for the use in this subsection (c): *** (2) Group day care/nursery school. The conditions are as follows: Meeting of November 3, 2008 (Item No. 8c) Page 18 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts a. At least 40 square feet of outside play space per pupil must be provided and such space shall be enclosed by a fence. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. (4) Nursing home. The conditions are as follows: a. A minimum of 500 square feet of lot area shall be provided for each person to be housed on the site. b. All structures shall be located a minimum of 30 feet from a lot in an R district. c. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) d. The structure housing the use shall comply with the requirements of the state law and the building code regulating the construction of licensed nursing homes. (5) Community centers. The conditions are as follows: a. The building shall be located a minimum of 50 feet from any lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located a minimum of 25 feet from any lot in an R district. (Ord. No. 2325-07, 5-7-07) (6) Educational (academic). The conditions are as follows: a. Buildings shall be located a minimum of 50 feet from a lot in an R district, unless approved as a conditional use. b. An off-street school bus pickup and dropoff area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an R district. Meeting of November 3, 2008 (Item No. 8c) Page 19 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts (7) Libraries. The condition for libraries is that buildings shall be located a minimum of 25 feet from a lot in an R district. (84) Parks and recreation. The conditions are as follows: a. The principal structure shall be located a minimum of 50 feet from a lot in an R district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum of 12 feet from any other structure on the same lot. d. A drainage system approved by the city engineer shall be installed. e. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. (9) Police/fire station. The conditions are as follows: a. Buildings shall be located a minimum of 25 feet from a lot an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (10) Religious institutions. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (d) Uses permitted by conditional use permit. No structure or land in any R-4 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under section 36-34(b). Meeting of November 3, 2008 (Item No. 8c) Page 20 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts *** (8) Educational (academic). The conditions are as follows: a. Buildings shall be located a minimum of at least 50 feet from a lot in an R district, unless approved as a conditional use. b. An off-street school bus pickup and dropoff passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (9) Nursing home. The conditions are as follows: a. A minimum of 500 square feet of lot area shall be provided for each person to be housed on the site. b. All structures shall be located a minimum of 30 feet from a lot in an R district. c. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) d. The structure housing the use shall comply with the requirements of the state law and the building code regulating the construction of licensed nursing homes. (10) Community centers. The conditions are as follows: a. The building shall be located a minimum of 50 feet from any lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located a minimum of 25 feet from any lot in an R district. (Ord. No. 2325-07, 5-7-07) (11) Libraries. The condition for libraries is that buildings shall be located a minimum of 25 feet from a lot in an R district. Meeting of November 3, 2008 (Item No. 8c) Page 21 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts (12) Police/fire station. The conditions are as follows: a. Buildings shall be located a minimum of 25 feet from a lot an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (13) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (14) Group day care/nursery school. The conditions are as follows: a. At least 40 square feet of outside play space per pupil must be provided and such space shall be enclosed by a fence. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Sec. 36-167. R-C high-density multiple-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-C district may be used for one or more of the following uses if it complies with the residential restrictions and performance standards of section 36-162 and with those specified for the use in this subsection: Meeting of November 3, 2008 (Item No. 8c) Page 22 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts *** (2) Group day care/nursery school. The conditions are as follows: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be enclosed by a fence. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. (4) Nursing home. The conditions are as follows: a. A minimum of 500 square feet of lot area in shall be provided for each person to be housed on the site. b. All structures shall be located a minimum of 30 feet from a lot in an R district. c. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) d. The structure housing the use shall comply with the requirements of the state law and the building code regulating the construction of licensed nursing homes. (5) Community centers. The conditions are as follows: a. The building shall be located a minimum of 50 feet from any lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located a minimum of 25 feet from any lot in an R district. d. Conditions listed in subsections (c)(5)a. through (c)(5)c. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. e. The property shall be designated for civic or civic-mixed use in the comprehensive plan. (6) Educational (academic). The conditions are as follows: a. Buildings shall be located a minimum of 50 feet from a lot in an R district. Meeting of November 3, 2008 (Item No. 8c) Page 23 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts b. An off-street school bus pickup and dropoff area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an R district. d. Conditions listed in subsections (c)(6)a. through (c)(6)c. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. e. The property shall be designated for civic or civic-mixed use in the comprehensive plan. (7) Libraries. The conditions are as follows: a. Buildings shall be located a minimum of 25 feet from a lot in an R district unless otherwise specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. b. The property shall be designated for civic or civic-mixed use in the comprehensive plan. (84) Parks/recreation. The conditions are as follows: a. The principal structure shall be located a minimum of 50 feet from a lot in an R district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum of 12 feet from any other structure on the same lot. d. A drainage system approved by the city engineer shall be installed. e. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. (9) Police/fire station. Conditions are as follows: a. Buildings shall be located a minimum of 25 feet from a lot an R district. Meeting of November 3, 2008 (Item No. 8c) Page 24 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (10) Religious institutions. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Conditions listed in subsections (c)(10)a. and (c)(10)b. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. d. The property shall be designated for civic or civic-mixed use in the comprehensive plan. (125) Multiple-family dwelling. The conditions are as follows: a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. A minimum of 12% of the building lot shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) c. The minimum spacing between buildings shall be the average heights of the buildings. d. All buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. e. If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of the subdivision ordinance to allow on-street parking. f. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street. Sidewalks shall also be provided between the public street and parking areas to all building entrances. Meeting of November 3, 2008 (Item No. 8c) Page 25 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts g. Conditions listed in subsections (c)(12)a.--(c)(12)f. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. (Ord. No. 2267-04, 4-12-04) (136) Cluster housing. The conditions are as follows: a. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) b. The minimum spacing between buildings shall be the average heights of the buildings. c. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. d. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street and along at least one side of interior private streets. e. Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk closest to it or from the back of the curbline of internal private roadways or parking lots if no sidewalk exists. f. If parking is accommodated on the required public or private road system, it must meet the minimum public street width requirements of the subdivision ordinance to allow on-street parking. g. Conditions listed in subsections (c)(13)a.--(c)(13)c and (c)(13)e-f. of this section and certain performance standards may be waived or amended using the PUD process if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. (Ord. No. 2267-04, 4-12-04) (d) Uses permitted by conditional use permit. No structure or land in any R-C district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, the general conditions of section 36-367, and with the specific conditions imposed in this subsection as follows: *** (6) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. Meeting of November 3, 2008 (Item No. 8c) Page 26 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (7) Nursing home. The conditions are as follows: a. A minimum of 500 square feet of lot area in shall be provided for each person to be housed on the site. b. All structures shall be located a minimum of 30 feet from a lot in an R district. c. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord. No. 2267-04, 4-12-04) d. The structure housing the use shall comply with the requirements of the state law and the building code regulating the construction of licensed nursing homes. (8) Community centers. The conditions are as follows: a. The building shall be located a minimum of 50 feet from any lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas improved for group activities shall be located a minimum of 25 feet from any lot in an R district. d. Conditions listed in subsections (c)(5)a. through (c)(5)c. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. e. The property shall be designated for civic or civic-mixed use in the comprehensive plan. (9) Libraries. The conditions are as follows: Meeting of November 3, 2008 (Item No. 8c) Page 27 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts a. Buildings shall be located a minimum of 25 feet from a lot in an R district unless otherwise specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. b. The property shall be designated for civic or civic-mixed use in the comprehensive plan. (10) Police/fire station. Conditions are as follows: a. Buildings shall be located a minimum of 25 feet from a lot an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control nonemergency traffic if recommended by the director of public works. (11) Religious institutions. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. bd. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Conditions listed in subsections (c)(10)a. and (c)(10)b. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. d. The property shall be designated for civic or civic-mixed use in the comprehensive plan. (12) Group day care/nursery school. The conditions are as follows: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be enclosed by a fence. Meeting of November 3, 2008 (Item No. 8c) Page 28 Subject Zoning Ordinance Amendments for Institutional Uses in Residential Districts b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Sec. 3. The contents of Planning Case File 08-08-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. First Reading Second Reading Date of Publication Date Ordinance takes effect Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting Date: November 3, 2008 Agenda Item #: 8d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Proposed Settlement Agreement – ARINC. RECOMMENDED ACTION: Authorize the Mayor and City Manager to sign a settlement agreement with ARINC on behalf of the City of St. Louis Park, and to issue a joint statement regarding said settlement agreement. This action is being recommended based on the premise that the City Council is in agreement with the settlement proposal to be discussed at the Closed Executive Session on November 3. If the City Council is not in agreement with the settlement proposal as presented, this action is not applicable at this time. POLICY CONSIDERATION: Not applicable. BACKGROUND: On December 17, 2007, the City Council declared ARINC in default of its contract with the City of St. Louis Park for the supply and implementation of a broadband wireless network. Since then, several actions have been taken by both ARINC and the City in an attempt to bring closure to this case. Attachments: None Prepared by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Meeting Date: November 3, 2008 Agenda Item #: 8e 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: Resolution of Support - Southwest Transitway. RECOMMENDED ACTION: Motion to Adopt Resolution requesting that Southwest Transitway be given high priority in the Metropolitan Council’s 2030 Transportation Policy Plan (TPP). POLICY CONSIDERATION: Council is being asked to adopt a resolution in support of the Hennepin County Regional Rail Authority’s (HCRRA) request that Southwest Transitway be given high priority in the Metropolitan Council’s 2030 Transportation Policy Plan (TPP). BACKGROUND: Transit planning for the Southwest Corridor continues with the Hennepin County Regional Rail Authority (HCRRA). Approximately a year ago, three alternatives were chosen to move forward for further study. These alternatives will be the focus of the next step in the process - the Draft Environmental Impact Statement (DEIS). If the Southwest Transitway process stays on schedule, the HCRRA intends to proceed with the necessary studies to apply for federal funding and be operational by 2015. In order to apply for federal funding, Southwest Transitway must be appropriately prioritized in the 2030 Transportation Policy Plan (TPP). The Metropolitan Council has released a draft copy of the 2030 TPP, which is the regional framework for the transportation, including transit. The Metropolitan Council’s 2030 Transportation Policy Plan is intended to double transit ridership by 2030, slow the growth in traffic congestion and improve mobility for everyone. However, the draft TPP does not prioritize the Southwest Transitway for implementation in 2015, which is required for the HCRRA to secure federal funding for this project. The Southwest Policy Advisory Committee has already adopted a resolution requesting that the Metropolitan Council identify the Southwest Transitway in the updated 2030 Transportation Policy Plan as the next LRT line for implementation after the Central Corridor LRT. Staff is planning to meet with Metropolitan Council staff on October 31, 2008 to discuss the Southwest Transitway and other transportation items in the plan. Comments on the Transportation Policy Plan (TPP) are requested and due by November 6, 2008. If approved, the attached resolution will be sent to the Metropolitan Council. Meeting of November 3, 2008 (Item No. 8e) Page 2 Subject: Resolution Requesting Southwest Transitway Be Given High Priority FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: The development of the Southwest Transitway is consistent with the Council’s Strategic Direction for promoting regional transportation issues and related dedicated funding sources affecting St. Louis Park including but not limited to Hwy. 100 and SWLRT. Attachments: Resolution Prepared by: Marcia Honold, Management Assistant Meg McMonigal, Planning/Zoning Supervisor Approved by: Tom Harmening, City Manager Meeting of November 3, 2008 (Item No. 8e) Page 3 Subject: Resolution Requesting Southwest Transitway Be Given High Priority RESOLUTION NO. 08-___ RESOLUTION REQUESTING THAT THE SOUTHWEST TRANSITWAY BE GIVEN HIGH PRIORITY IN THE METROPOLITAN COUNCIL UPDATED 2030 TRANSPORTATION POLICY PLAN (TPP) WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, this project is consistent with the City of St. Louis Park Comprehensive Plan and is consistent with the policies of the Metropolitan Council's Development Guide, including the Transportation Policy Plan and Development Framework; and WHEREAS, a Light Rail Transit (LRT) line servicing the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, and Eden Prairie will improve mobility and will help maintain a competitive business environment and high quality of life for the entire Southwest Metro Area; and WHEREAS, the Metropolitan Council is the region’s designated metropolitan planning organization (MPO) and is therefore responsible for preparing the region's long-range plan for transportation, the Transportation Policy Plan (TPP); and WHEREAS, the current TPP includes a goal of doubling transit ridership by 2030 through improvements to the bus system and implementation of a system of transitways; and WHEREAS, the current TPP identifies the Northstar, Cedar, I-35W, Bottineau, and Central Transitways as Tier I for implementation by 2020 and the Southwest, Red Rock, and Rush Line Transitways as Tier II for implementation between 2020 and 2030; and WHEREAS, the Metropolitan Council is currently updating the Transportation Policy Plan (TPP) for adoption by December of 2008; and WHEREAS, transitways intending to compete for Federal New Starts funding must be identified in the region's long-range transportation plan, the TPP; and WHEREAS, a significant partnership represented by the Southwest Policy Advisory Committee has been formed over the past six years among public sector and private interests in the Southwest Metro area led by the Hennepin County Regional Railroad Authority (HCRRA) and including the cities of Eden Prairie, Minnetonka, Edina, Hopkins, St. Louis Park, and Minneapolis; the Metropolitan Council; Metro Transit and SouthWest Metro Transit, Three Rivers Park District, and the Twin West, Minneapolis Regional, and Eden Prairie Chambers of Commerce; and Meeting of November 3, 2008 (Item No. 8e) Page 4 Subject: Resolution Requesting Southwest Transitway Be Given High Priority WHEREAS, with direction and guidance from the Southwest Policy Advisory Committee, a Feasibility Study was completed in 2003 that concluded that light rail is a feasible alternative to serve the travel needs of this area given the projected growth in population and employment projected for the Southwest part of the region, and in 2007, an Alternative Analysis (AA) narrowed the range of viable alternatives to three possible light rail routes; and WHEREAS, a Southwest Transitway is expected to serve nearly 30,000 trips per day, significantly contribute to managing congestion in the fastest growth area of the region, provide access to jobs and support economic development, provide a competitive travel choice, and offer a cost-effective transportation option; and WHEREAS, the Southwest Transitway is expected to be a competitive candidate for Federal New Starts funding; and NOW, THEREFORE, BE IT RESOLVED that the City of St. Louis Park respectfully requests that the Metropolitan Council identify the Southwest Transitway in the updated 2030 Transportation Policy Plan as the next LRT line for implementation after the Central Corridor LRT line, and BE IT FURTHER RESOLVED that the City of St. Louis Park requests that the updated 2030 Transportation Policy Plan reflect that the Southwest Transitway is planned to be operational no later than 2015. Reviewed for Administration: Adopted by the City Council November 3, 2008 City Manager Mayor Attest: City Clerk