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HomeMy WebLinkAbout2008/12/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA DECEMBER 1, 2008 Box Lunches Provided for Council All Council must be present for Approval of Agenda and Items on Consent Calendar – particularly related to Item 4a. 6:00 p.m. SPECIAL STUDY SESSION – WESTWOOD ROOM DISCUSSION ITEM 1. Overview of Open Meeting Law 2. Community Residential Facility Licensing 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. 2008 IACP Community Policing Award 2b. Retirement Recognition for Cindy Wetzel 3. Approval of Minutes 3a. Special Study Session Minutes October 20, 2008 3b. City Council Minutes October 20, 2008 3c. Study Session Minutes October 27, 2008 3d. Closed Executive Session November 3, 2008 3e. Special Study Session November 3, 2008 3f. City Council Minutes November 3, 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 December 1, 2008 City Council Agenda 6. Public Hearings 6a. Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy Recommended Action: Mayor to close the public hearing. There is no action required at this meeting. The meeting is intended to provide information to the public about the budget and property tax levy as well as to receive comments and input from the public. Staff will give a presentation of the overall 2009 General Fund Budget and Property Tax Levy and provide other general information related to property taxes. 7. Requests, Petitions, and Communications from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ellipse on Excelsior --- Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD Recommended Action: Planning Commission and staff recommend: • Approval of the first reading of an ordinance amending the Official Zoning Map to change the zoning of 3409, 3413 and 3417 Glenhurst Avenue South and 3408 and 3412 France Avenue South from R4 Multiple Family Residence District to MX Mixed Use District • Approval of a resolution approving a Preliminary Plat with Variances from the Subdivision Ordinance for ELLIPSE ON EXCELSIOR with conditions • Approval of a resolution approving a Preliminary Planned Unit Development for Ellipse on Excelsior with conditions 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 December 1, 2008 City Council Agenda 4. CONSENT CALENDAR 4a. Approve Second Reading of Ordinance to amend the St. Louis Park Home Rule Charter: Table of Contents, Chapters 3, 5, and Index and set publication (7 affirmative votes required) 4b. Adopt Second Reading of Ordinance amending Section 32-38 of the City Code, approve summary, and authorize publication. 4c. Approve S & S Tree and Horticulture, Inc. as the 2009 Boulevard Tree Pruning Contractor 4d. Amend Contract No. 118-08 from the original fire suppression sprinkler special assessment of $71,785.00 and administrative fee of $359.00 to a revised amount of $89,026.00 and administrative fee of $445.13 at 4838-4850 35th Street, St. Louis Park, MN 4e. Adopt Resolution to recognize Cindy Wetzel’s retirement after 21 years of service to the City of St. Louis Park 4f. Approve the Public Improvement and Special Assessment Agreement and authorize the Mayor and City Manager to execute the agreement 4g. Approve Resolution authorizing a gambling Premises Permit for Hopkins Raspberry Festival Association, Inc., operating at Laredo’s, 4656 Excelsior Boulevard 4h. Approve Contract with Short Elliott Hendrickson, (SEH), Inc. for engineering consulting services for the Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 4i. Accept Donations from John and Elsa Selover in the amount of $500 and David and Maura Mitchell in the amount of $100 for restoration of the 1928 American LaFrance fire truck 4j. Approve Resolution authorizing final payment in the amount of $18,758.35 for the 2008 City Sealcoat Project - Project No. 2008-0001 with Pearson Brothers, Inc., City Contract No. 88-08 4k. Approve Resolution authorizing final payment in the amount of $3,633.50 for the 2007 Reclaiming and Repaving the Trail System in Carpenter Park Project - Project No. 20070170 with Midwest Asphalt Corporation, City Contract No. 48-08 4l. Recognition of 2008 Savvy Award 4m. Approve for filing Planning Commission Minutes November 5, 2008 4n. 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: December 1, 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: Overview of Open Meeting Law (with City Attorney Tom Scott). RECOMMENDED ACTION: None required at this time. POLICY CONSIDERATION: None. BACKGROUND: Attorney Tom Scott will provide an overview of the Open Meeting Law with the City Council, including recent court opinions. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: None Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager Meeting Date: December 1, 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: Community Residential Facility Licensing. RECOMMENDED ACTION: At this time the City Attorney and staff recommend Council reconsider the need to proceed with an ordinance establishing a Community Residential Facility License. POLICY CONSIDERATION: Does the Council wish to proceed with the attached draft ordinance, develop a different license proposal or take no further action? BACKGROUND: Earlier this year Council directed staff and the City Attorney to proceed with development of an ordinance establishing conditions of licensing for several forms of residential housing services. Some types of housing services are now licensed as rental property under our current program, with other types of uses required to be licensed with the new ordinance. The intent being to create a more specified licensing program to ensure integration of a variety of housing into city neighborhoods, in addition to requirements that would more accurately focus on the type of use occurring. DISCUSSION: The attached draft ordinance was provided to residential facility operators and public attendees at the two public meetings offered on October 7 and October 8. Each meeting was attended by approximately a dozen interested participants, including facility owners, managers, residents and community representatives for the disabled. The meetings generated significant sharing of information and many comments expressing concerns. A public comment summary is attached providing perspectives and concerns expressed. These meeting discussions generated a further understanding of the number of various types of housing services currently occurring. Besides the traditional licensed group home model, registered housing with services, adult foster homes, transitional housing, group sobriety living, and other supportive housing situations exist. Many of these are licensed or registered by the MN Departments of Health or Human Services, in addition to those coordinated by Hennepin County. With the variety of housing models in existence, the drafted ordinance could have the potential for unintended consequences. Meeting of December 1, 2008 (Item No. 2) Page 2 Subject: Community Residential Facility Licensing Federal laws regarding disability and housing protection have been raised several times throughout this process. As interpretations may vary, proceeding with the ordinance as currently drafted could raise several challenges by disability groups. Minimum spacing distances, limitations on the number of residents and requiring resident staffing are considered by some as discriminating since they are not applied to the population in general. The disability community strongly opposes any legislative change to allow cities to enforce spacing for residential care facilities. To try and address these issues, the AMM and the LMC convened a stakeholder group in August 2008 to create a broader coalition on the group home spacing issue. The group has been meeting monthly to gain a better understanding of the needs of cities and of the disabled community. City lobbyist Vic Moore is co-chair of the group and city staff are active participants as this process continues. Our public meetings in October on the draft ordinance were attended by some of the stakeholder group members, and our ordinance would have become a significant issue had we proceeded with adoption at that time. Senator Ron Latz, Representative Ryan Winkler and Representative Steve Simon have worked with St. Louis Park and Golden Valley about the need for cities to have the authority to establish spacing for group homes with six or fewer residents. In state law, only cities of the first class have the authority to address spacing. Both Senator Latz and Representative Winkler introduced bills to amend the law in 2007, both of which were referred to their appropriate committees but were not heard and there was not enough support amongst legislators to push the bill forward. The LMC is not pursuing any legislative changes that would give cities the ability to establish minimum spacing requirements. However, there appears to be support for introducing legislation that would require the state and county to notify the city when they have a new license or registration application for a residential care facility. The cities, county, state and disability community recognize that there is a need for better communication, and it appears that there would be support to move such a bill forward. City Attorney Tom Scott will be present at the Study Session to discuss the implications of proceeding with this license category with Council. Meeting of December 1, 2008 (Item No. 2) Page 3 Subject: Community Residential Facility Licensing FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not Applicable. Attachments: Proposed Ordinance Amendment Summary of Public Comments Prepared by: Brian Hoffman, Director of Inspections Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of December 1, 2008 (Item No. 2) Page 4 Subject: Community Residential Facility Licensing Subdivision XV. Community Residential Facility Sec. 8-464. License required. (a) The owner of any residential building or portion thereof operating as a Community Residential Facility with one or more dwelling units must obtain a license. (b) A Community Residential Facility is a state-licensed residential facility or group home/non- statutory facility. Sec. 8-465. Definitions. For purposes of this Subdivision XV the following terms shall have the meaning set forth in this section: (a) State-licensed residential facility means a state-licensed and state-mandated residential facility occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time. The use includes outpatient group counseling, some supervision and treatment programs. The maximum number of clients served is specified by state law which may be amended from time to time. Persons served may include the mentally retarded and severely physically handicapped. (b) Group home/non-statutory means occupancy of a residential structure by persons in need of specialized treatment or protection and resident staff who usually live together as a housekeeping unit for a limited period of time. Occupants are typically not treated as tenants or have specialized regulations relating to their occupancy. This use includes outpatient group counseling, forced detention, treatment for mental illness and drug addiction, protective shelter, half-way house, sober houses and release programs. The facility may be licensed by the state but is not mandated. Sec. 8-466. 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 a reproduction of state or county license at the time of application. Sec. 8-467. Maintenance. The owner of community residential facility must maintain all units, common space and exteriors of such buildings in compliance with the City Code and state and federal laws and regulations. The owner of such facility shall perform a periodic assessment of all portions of the building and correct any inadequacies to ensure the building is maintained in good repair. Meeting of December 1, 2008 (Item No. 2) Page 5 Subject: Community Residential Facility Licensing Sec. 8-468. City Inspections. (a) The owner of a community residential facility shall permit access by the City to perform a minimum of one inspection every year of the common space and every dwelling unit. The City may perform or require additional inspections if deemed necessary by the City or by the request of an occupant. The owner shall notify the occupants of the time when the City inspection will be conducted and provide access to the units. (b) The owner’s community residential facility 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. Sec. 8-469. Condition of Licensing. All licensees, except State-licensed residential facilities, shall comply with the following conditions relating to the operation of the licensed facility: (a) Maximum occupancy of a licensed facility shall be in compliance with the zoning ordinance, State Building Code and all other applicable regulations. (b) The licensed facility must comply with all zoning requirements for the district in which the facility is located. (c) A qualified, full-time staff person must reside at the licensed facility. (d) Subject to any limitations in state statute, no new license will be issued for a community residential facility which would be located closer then 1320 feet (1/4 mile) to another community residential facility. (e) Compliance with any applicable Minnesota Department of Health rule for Food and Lodging. (f) The average length for residents during any calendar year shall be at least ninety (90) days. Sec. 8-470. Crime Free/Drug Free and Disorderly Use Requirements. (a) All Community Residential Facilities, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall comply with the following Crime Free/Drug Free and Disorderly Use language: (1) Crime Free/Drug Free. Meeting of December 1, 2008 (Item No. 2) Page 6 Subject: Community Residential Facility Licensing 1. Resident, any members of the Community Residential Facility or a guest or other person affiliated with resident shall not engage in criminal activity, including drug- related criminal activity, on or near the premises. 2. Resident, any member of the Community Residential Facility 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 Community Residential Facility 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 Community Residential Facility 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. (2) Disorderly Use. 1. Resident, members of the Community Residential Facility, 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. (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. 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]). (b) Upon determination by the Police Department that a licensed premises or unit within a licensed premises 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 license holder of the violation Meeting of December 1, 2008 (Item No. 2) Page 7 Subject: Community Residential Facility Licensing (c) A service fee will be assessed to the license holder for violation of the Crime Free/Drug Free provisions. If service fee is not paid by the next license period, the fee will be added to the approved license fee and collected at that time. 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. (1) Group home/non-statutory. The conditions are as follows: a. The residence structure shall be treated as a single family dwelling and occupied by no more than one family as defined in §36-4. b. The use shall not be located within 1,320 feet (1/4 mile) of any other group home/non-statutory or state-licensed residential facility. Meeting of December 1, 2008 (Item No. 2) Page 8 Subject: Community Residential Facility Licensing Summary of Public Comments from Information Meetings October 7th and 8th , 2008 Would those existing places who within a quarter mile of each other have to shut down or what? Where did “live in staff” come in? Is the City aware that new technology like First Alert and other systems that are tied into emergency agencies, are in fact helping people to become more independent. Requiring a live in person would seem to be going backwards. Thank you for being informative and considering our comments. We also appreciate the spirit behind which this language is being considered. You’re good stewards of the City. The definition of state licensed facility talks about “usually for a limited period of time”. This is not true of Adult Foster Care, usually live there long term – “till death”. The proposed rule is unclear about who it applies to please clarify the writing. How does this new proposed rule fit into the work of the Stakeholders Group meeting at the League of MN Cities in St. Paul (which several of us are part of). Our clients do not sign leases (Adult Foster Care). Why are we considered “rental property” currently. My suggestion for Adult Foster Care is not to require registration as anything other than Adult Foster Care and coordinate with county AFC licenses to have your standards fall into their review. I would delete staff requirement and 90 day average tenant stay. In stead of mandating 24/7 staff at these programs, why not just require an on-call staff person. No financially feasible to have 24 hour care. The group home/non-statutory classification, does this apply to supportive housing program? How would you monitor the average length of time for residents at each property? Couldn’t you mandate leases to all tenants? What do you mean by half-way house? The State of MN changed substance abuse rules and this is not longer a category for chemical dependency. Meeting of December 1, 2008 (Item No. 2) Page 9 Subject: Community Residential Facility Licensing I am concerned about the section that states if the owner has a tenant who has to have the police come out, then the owner might have to evict the tenant. What about medical issues and is it per tenant or as a household? The disorderly conduct section – has it been tested? I understand the need for this ordinance, but what happens if a neighborhood does not like us and calls the police, can this harm us in the future? Has the City considered using the term “debilitative”? It is a term used in Florida to control the number of supportive homes down there. Why now? If I am licensed with the State, would I need to register under the CFR program? What do you consider “Health Services”? Is a cleaning service a health service? Feels this ordinance may run into problems as discriminatory and violating rights of seniors and disabled people. Is this necessary to write an ordinance or easier to just have the tenants sign an addendum without a lease? Feels it is making it more difficult for disabled people to live a normal life. Do we have statistics on how many calls we have received on proposed CRF? Does this new ordinance apply to owner occupied residences? If I’m disabled and want to have other disabled people live with me, would I have to be in this program? The ADA makes it easier for disabled to live normally. This ordinance makes it worse. Ninety day limitation is required for disabled people, but not normal people? This is discrimination. Implies the City wants to get rid of sober homes. Minnesota law says six is defined as a family. This proposed ordinance seems to run contrary to what the League of MN Cities is working on. Do we understand that requiring the overnight help would cost people more and that cost might not allow many residents to qualify for financial assistance if they had to include the cost of a live in personnel. If there are a lot of 911 calls, will the City be pulling the supportive housing license? Do we have problems now and is this the reason why the City is drafting up this new category? Meeting of December 1, 2008 (Item No. 2) Page 10 Subject: Community Residential Facility Licensing Why do we need to change the type of license if we already are licensed as rentals? Specifically, does this apply to Adult Foster Care? So I deal with supportive housing, and if I were to work the system and I registered with the State, then what I hear you telling us is that the ordinance would not apply, is that correct? Perspectives or Meadowbrook – would they be rental or CRF? Is this quarter mile thing in the County ordinance? Do you enforce it? What about one service person who attends to several houses, is this ok? Would this proposed ordinance with the owner being responsible for the tenants, is this something just for the Community Residential Facilities homes or is it across the board? Why the issue of the 90 days to retain residency? I don’t know about all, the homeless shelters, for example, are less than 90 days. Many times, our programs pay for the non-residential treatment facility they may not be there another 90 days or the balance of 90 days for our program. What do we do with them now? Thirty days in our program and 60 days in a residential facility, which is why you may see an increase with sober homes. Where do we place these people and not violate the 90 days. I’d rather see them stay for 90 more days. The SLP Police and Fire have always been good and they have a good relationship with them and want to continue to have these relations. I understand what you are trying to do and sober homes, they probably need to have that communication with the neighborhoods. I can see the issues with people coming and going, but to cast a net which will affect our homes which serve a purpose in the communities, I think you need to revisit this proposed ordinance. Meeting Date: December 1, 2008 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2008 IACP Community Policing Award. RECOMMENDED ACTION: No formal action required. Todd Miller, Chair of the IACP Community Policing Committee, will be present to congratulate our Mayor, City Council and community for the receipt of this award. The IACP is the International Association of Chiefs of Police. POLICY CONSIDERATION: None. BACKGROUND: During the past two years, the Police Department has worked cooperatively with other City departments and our business and residential communities to develop and implement a strategy to address the proliferation of graffiti in our community. As we began to have success with this strategy, other communities in the metro area sought our assistance and the West Metro Graffiti Group was created. This group currently consists of 11 cities. Our City Information Resources staff developed a web-based graffiti data base called Graffiti.Net so that graffiti information and intelligence could be shared in a fast and visual manner. Member agencies are able to enter data into the system and utilize the mapping feature to view similar tags in other communities, leading to aggregation of graffiti cases for prosecution. In 2008, the City has seen an overall 60 percent reduction in reported graffiti incidents. Our experience with graffiti clearly reflects the “broken windows” discussion of Kelling and Wilson in the late 1980’s surrounding what it means to maintain order in a community and what level of disorder a community will tolerate. While the IACP has presented this award to our Police Department, it is the support and participation of our community that enables any community policing initiative to achieve success. We have invited representatives from other city departments including Information Resources, Public Works, Parks and Recreation and Inspections to attend this Council meeting. We invited them in recognition of the fact that we would not have received this award without them, and that we are proud to share the award with them. Meeting of December 1, 2008 (Item No. 2a) Page 2 Subject: 2008 IACP Community Policing Award FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: John Luse, Chief of Police Approved by: Tom Harmening, City Manager Meeting Date: December 1, 2008 Agenda Item #: 2b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Retirement Recognition for Cindy Wetzel. RECOMMENDED ACTION: The Mayor is asked to read the Resolution for Police Office Assistant Cindy Wetzel to recognize her 21 years of service to the City of St. Louis Park. Cindy will not be in attendance at the meeting, but staff requests that Council read the Resolution aloud at the meeting to commemorate her many years of service. POLICY CONSIDERATION: None. BACKGROUND: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager and City Council. Employees are asked if they wish to appear at a Council meeting to receive their plaque or if they would prefer to receive their plaque at another time. Regardless of employee attendance at a meeting, Council reads and passes a resolution honoring the employee’s service to the City. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Ali Fosse, HR Coordinator Approved by: Tom Harmening, City Manager Meeting of December 1, 2008 (Item No. 2b) Page 2 Subject: Retirement Recognition for Cindy Wetzel RESOLUTION NO. 08-____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO CINDY WETZEL WHEREAS, Cindy Wetzel began her employment with the City of St. Louis Park over 21 years ago on September 14, 1987; and WHEREAS, Cindy has been an outstanding member of the Police Department, serving in the capacity of Data Entry Clerk, Scheduling Coordinator and most recently Office Assistant III; and WHEREAS, Cindy’s knowledge and outstanding work ethic have made her an invaluable employee, dedicated to serving the City and the public to the best of her abilities; and WHEREAS, through her professionalism, positive attitude, and teamwork, Cindy has developed successful working relationships and has earned the respect of co-workers, supervisors and others; and WHEREAS, Cindy has willingly worked extra hours on many occasions, including weekends, to ensure that felony cases are completed and submitted to the county attorney for charging within the required time limit; and WHEREAS, Cindy will spend her retirement traveling, golfing and spending time with her family; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this Resolution and public record, would like to thank Cindy Wetzel for her great contributions and 21 years of dedicated service to the City of St. Louis Park and wish her the best in her retirement. Reviewed for Administration: Adopted by the City Council December 1, 2008 City Manager Mayor Attest: City Clerk Meeting Date: December 1, 2008 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL SPECIAL 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). 1. Proposed Zoning Ordinance Amendments relating to Towers and Antennas Mr. Locke presented the staff report. Council inquired if the changes in the proposed ordinance were to provide greater flexibility or something closer to what had originally existed prior to staff’s recent modification?. Council and staff discussed options for the 1) park and open space district, 2) mixed-use district, 3) amateur radio concerns, 4) fall zone options, 5) regulating amount of towers per parcel, 6) interference issues, 7) lighting requirements, 8) wetland impact, and 9) proliferation of towers. Mr. Harmening suggested they have a maximum height allowance of 200’ for both the office and industrial districts to keep it consistent. Council further suggested staff look at what the surrounding cities have done. Council directed staff to further investigate the 1) fall zone options, 2) number of towers allowed per parcel, 3) options for have a no light requirement, yet abiding by the FCC, and 4) language to address assistance with interference issues that may occur and bring it back to Council on November 3, 2008. 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 December 1, 2008 (Item No. 3a) Page 2 Subject: City Council Special Study Session Minutes October 20, 2008 Written Reports provided and documented for recording purposes only: 3. West End Public Art Process ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 1, 2008 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA OCTOBER 20, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Finance Director (Mr. DeJong), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Planner (Mr. Fulton), Assistant Finance Director (Mr. Swanson), Director of Inspections (Mr. Hoffman), Facilities Maintenance Supervisor (Mr. Altepeter), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt). Others present: Bruce Kimmel, Ehlers & Associates. 2. Presentations – None 3. Approval of Minutes 3a City Council Minutes September 15, 2008 It was noted on page 12, item #9, the last paragraph, should state: “… in favor of Dale Petit…” It was noted on page 11, item #8d, the fifth paragraph, should state: “Councilmember Paprocki stated he was frustrated that they were getting solicited to support a project and its funding that was a lower priority than other projects that were not getting funded.” 3b. City Council Special Study Session Minutes October 6, 2008 It was noted on page two, item #2, the third paragraph, first sentence should state: “Councilmember Finkelstein asked about walking distances on the map they were utilizing.” It was noted on page two, item #2, the fifth paragraph, should state: “Councilmember Sanger stated she could not differentiate between city sidewalks and neighborhood sidewalks and suggested that all the sidewalks be treated similarly.” Meeting of December 1, 2008 (Item No. 3b) Page 2 Subject: City Council Minutes October 20, 2008 It was noted on page two, item #e, the eighth paragraph, should state: “… taking a position of the City not shoveling the sidewalks.” 3c. City Council Minutes October 6, 2008 It was noted on page 6, item #8a, the third paragraph, should state: “…parcels in the R-1, R-2, R-3 and R-4 districts…” 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Adopt Resolution No. 08-129, Suspending Collection of Local Gambling Tax for 2009. 4b. Approve Temporary On-Sale Intoxicating Liquor License for B’nai Emet Women’s League. 4c. Approve and Authorize Purchase Agreement for 5724 Goodrich Avenue. 4d. Approve and Authorize Purchase Agreement for 3764 Wooddale Avenue. 4e. Approve Proclamation for Minnesota Manufacturer’s Week. 4f. Adopt Resolution No. 08-130, Special Assessment Sewer Service Line Repair 3225 Hampshire Ave S. 4g. Approve for Filing Vendor Claims. 4h. Approve for Filing Housing Authority Minutes September 10, 2008. 4i. Approve for Filing Planning Commission Minutes September 17, 2008. It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0-1. Councilmember Omodt abstained from item 4a because of a potential conflict. 5. Boards and Commissions - None 6. Public Hearings 6a. Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Mr. Fulton presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. Meeting of December 1, 2008 (Item No. 3b) Page 3 Subject: City Council Minutes October 20, 2008 It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve First Reading of Ordinance approving the vacation of a portion of a drainage and utility easement at 4210 28th Street West, contingent upon the applicant providing a replacement easement, and setting the second reading of the proposed ordinance for November 3rd, 2008. The motion passed 7-0. 6b. Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, False Alarms and Other Miscellaneous Charges Mr. Swanson presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to approve Resolution No 08-131, Assessing Delinquent Water, Sewer, Storm Sewer, Refuse and Other Fees and Charges. The motion passed 7-0. 6c. 2009 Budget and Property Owner Service Charges for Special Service District No. 1 Mr. Altepeter presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to approve Resolution No. 08-132, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 6d. 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 Mr. Altepeter presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. Meeting of December 1, 2008 (Item No. 3b) Page 4 Subject: City Council Minutes October 20, 2008 It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve Resolution No. 08-133, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 6e. 2009 Budget and Property Owner Service Charges for Special Service District No. 3 Mr. Altepeter presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve Resolution No. 08-134, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 6f. 2009 Budget and Property Owner Service Charges for Special Service District No. 4 Mr. Altepeter presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve Resolution No.08-135, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ordinance Amending Sections of Chapter 6 – Building and Regulations and Chapter 8 Business and Contractor Licensing Mr. Hoffman presented the staff report. Meeting of December 1, 2008 (Item No. 3b) Page 5 Subject: City Council Minutes October 20, 2008 Councilmember Paprocki asked if the decal requirement would apply to pizza delivery vehicles. Mr. Hoffman stated no. Councilmember Omodt asked if the renewal re-inspection after a year would be a full inspection. Mr. Hoffman stated no, it would be a quick re-inspection walk through. Councilmember Omodt asked if the license could transfer from owner to owner for a massage therapy businesses. Mr. Hoffman stated if there is a change in ownership mid- license term, they would need to reapply. Councilmember Sanger asked what would happen if a business owner is renting space from a property owner who is delinquent on their property taxes. Mr. Hoffman stated it could result in suspension of the business license. Councilmember Sanger asked what the requirement was for owners of vacant property notifying the City that it’s vacant. Mr. Hoffman indicated the ordinance states that if a property is not owner occupied for more than 6 months and not licensed, they would be subject to criminal prosecution. Councilmember Finkelstein stated he was pleased to see the rental license requirements extend to condos and townhomes. Councilmember Basill asked about the charge for duplexes where one side is owner occupied. Mr. Hoffman stated it would be charged as a single-family unit. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to adopt First Reading of Ordinance amending Section 6-179 and several sections in Chapter 8 relating to Business and Contractor Licensing and set second reading for November 3, 2008. The motion passed 7-0. 8b. St. Louis Park Emergency Program (STEP) Conditional Use Permit Mr. Fulton presented the staff report. Ms. Olson, STEP, thanked the City for their support in allowing their four-year temporary location use. Councilmember Sanger asked Ms. Olson if they would consider a 7 p.m. cut off time for truck traffic. Ms. Olson indicated that would be fine. Meeting of December 1, 2008 (Item No. 3b) Page 6 Subject: City Council Minutes October 20, 2008 Councilmember Omodt asked what the distance would be to the next bus route. Mr. Fulton indicated the closest stop would be the Minnetonka Boulevard that is approximately a quarter mile away. Philip Hogland, 2716 Vernon Avenue South, stated he was very supportive of the project. Mr. Mike Beer, 2600 Vernon, stated he was disappointed it would not be located closer to a bus stop and urged STEP to make every effort to try and get a bus stop closer to such a facility. He also stated he has noticed motorized vehicles using the trail and suggested they look at adding concrete bollards. Mayor Jacobs suggested they keep in mind easy access for wheel chair and stroller use. Councilmember Paprocki noted that the trail was created wider to allow police access, and to work with police when locating the bollards. Mr. Lee Carlson, 2631 Vernon, stated concern with the primary parking being off Utica, voicing noise and traffic concerns. He further stated his disappointment in the fact that STEP did not look into using a vacant warehouse rather than creating another building. Councilmember Basill noted that they have previously been located in R-2 neighborhoods and were great neighbors. Mr. Al Krogh, 2600 Utica, stated concern with so many trees being eliminated. Mr. Fulton stated they will be attempting to save as many trees as possible, and that all caliper inches would be replaced under the tree replacement plan on the site. Councilmember Sanger stated it may not be an ideal site for STEP, further stating they had been looking for a site for over four years, working diligently to meet everyone’s needs. It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt Resolution No. 08-137, approving a Conditional Use Permit for excavation of over 400 cubic yards of aggregate material at 2544 State Highway 100 with modification to item 3a, stating between the hours of 7 p.m. and 7a.m. weekdays, and 7 p.m. and 9 a.m. on weekends. Councilmember Finkelstein noted that STEP is being forced to vacate their current temporary location so improvements could be made to the Highway 7 / Wooddale interchange. The motion passed 7-0. Meeting of December 1, 2008 (Item No. 3b) Page 7 Subject: City Council Minutes October 20, 2008 8c. Call for Sale of General Obligation Revenue Bonds Mr. DeJong presented the staff report. Mr. Kimmel, Ehlers & Associates, presented highlights of the presale report. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to adopt Resolution No. 08-138, providing for Sale of: $4,075,000 G.O. Utility Revenue Bonds (MSC), Series 2008A and $5,625,000 G.O. Tax Increment Revenue Bonds, Series 2008B (Park Place Blvd). The motion passed 7-0. 9. Communications Mayor Jacobs stated that on Wednesday, October 22nd the Twin West Business Council would be sponsoring a bon fire and cook-out at the Wolf Park Professional Center from 5 p.m. to 8 p.m. Mayor Jacobs also stated that Tuesday, October 28th is Community Give Back Day at the Park Double Tree at 11:30 a.m. Mayor Jacobs reminded everyone that November 4th is Election Day, further stating those not registered to vote could contact the City Clerk’s Office or the League of Minnesota Voters. 10. Adjournment The meeting adjourned at 8:42 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 1, 2008 Agenda Item #: 3c UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION October 27, 2008 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Sue Sanger. Council members absent: None. Staff present: City Manager (Mr. Harmening), Organizational Development (Ms. Gothberg), Management Assistant (Ms. Honold), Director of Parks & Rec (Ms. Walsh), Finance Director (Mr. DeJong), Assistant Finance Director (Mr. Swanson) and Recording Secretary (Ms. Larrea). Guest: Roger Hokanson (Profiles International), Bill Morris (Decision Resources), and Peter Leatherman (Decision Resources). 1. Future Study Session Agenda Planning – November 3 and November 10, 2008 Mr. Harmening presented the staff report. On November 3 an additional item will be added to the agenda regarding the settlement proposal in the ARINC matter. 2. City Manager Annual Performance Evaluation Process Mr. Hokanson presented to the Council regarding the “Checkpoint 360” program to be used for the City Manager Annual Performance Evaluation Process. He distributed an evaluation form for the Council to identify the six most critical skills to the performance of the City Manager position. Councilmember Finkelstein questioned who would be included in completing this evaluation; if “Joe the Policeman” would fill out an evaluation form. Mr. Hokanson responded that it would only be employees working directly with Mr. Harmening. Mr. Harmening noted that a climate survey was undertaken with all city staff over the summer and these responses will be available at an upcoming study session. Councilmember Carver asked what other staff will be completing the questionnaires. Mr. Hokanson responded that all department heads will be completing the survey. Councilmember Paprocki questioned if a PDF form would be available. Mr. Hokanson responded that they will be able to provide a paper and PDF copy. Council consensus was to continue to move forward. Meeting of December 1, 2008 (Item No. 3c) Page 2 Subject: City Council Minutes October 27, 2008 3. Residential Survey Update- Vision Mr. Harmening introduced the survey to Council by stating that the purpose of the survey is to continue a check with our residents to see how we are doing on vision and being good stewards of the public trust. It also gives us baseline data and a continual look on improvement of the city. Following the introduction, Mr. Morris and Mr. Leatherman presented to the Council regarding the proposed residential survey and process. Councilmember Sanger inquired as to the questions that are being asked of the residents. Her concern was that people may answer based on the current economic situation rather than the services they would be interested in. Mr. Morris responded that they address this by scaling the response of the answers like “strongly agree” and “agree”. Councilmember Basill asked is a question should be included to get feedback from the entire community on the excess land sale proceeds. Councilmember Carver did not think this question was necessary on the survey because it will not bring them to a better decision on the issue. They would not get any beneficial feedback because there is so much background information in regard to this issue. Councilmember Sanger agreed with Councilmember Carver, stating residents will not have a full background of information to give a fully educated response. Mayor Jacobs would like to add questions to the survey regarding how the City is doing in encouraging business and jobs. Ms. Honold indicated that we would be doing a business survey later on. He would also like to see questions to the residents on whether the City should be doing something to keep up the property value of their homes. Councilmember Sanger responded that there was a similar question on the survey five years ago. She was hoping that they could add something on vacant houses and rental houses. Mr. Harmening asked if questions number 67 and 68 adequately addressed vacant and rental homes. The Council concurred that they did. Councilmember Basill questioned the Council if they wanted to send out the survey at all. He does think that the survey is important because you get feedback from the whole community rather than a small group that could have a certain opinion on something. Councilmember Sanger wanted to include a question regarding the Community Center. Mr. Harmening responded that they have not discussed the idea enough to include it on the survey. He suggested that when they have things further along a special survey could be sent out regarding a Community Center idea. Meeting of December 1, 2008 (Item No. 3c) Page 3 Subject: City Council Minutes October 27, 2008 Ms. Gothberg noted that there is room to add more questions to the survey if Council would like to do so. Councilmember Sanger would like to know when they will see the responses to the survey. Ms. Gothberg responded that it would likely be in early January 2009. Consensus of the Council was to move forward with the survey. 4. Excess Land Sale Proceeds Mr. Harmening presented the report to the Council regarding the alternative proposals for how to use the land sale proceeds. He questioned the Council if they would like to convene a task force. Councilmember Carver was not in agreement to have a task force. Councilmember Sanger also noted that she would not like to convene a task force and would like staff to itemize options of how the proceeds could be used for Council consideration. Mayor Jacobs questioned when they would like to have a decision on this. Councilmember Paprocki noted that he would like to see the money used for public art at each of the light rail stops. Councilmember Finkelstein felt that if the staff came back with four or five ideas of how the proceeds could be used that the Council could then review the options and add to it. He wanted to know if they could hold off on sending out the survey until they hear back from the staff. Councilmember Basill noted that he would like to see public process used to resolve the issue of how the proceeds will be used. Councilmember Sanger noted that she would like to see the Council have some type of discussion, put together options, and then open it up to a public discussion. Mayor Jacobs noted that a task force is a select group of people and he didn’t know if a task force was necessary, but there had to be public process. Councilmember Paprocki stated his concern that if a public forum is held the decision would be made based on those resident’s opinions alone. He liked the idea of using a task force. Councilmember Finkelstein does not like the idea of using a task force but would like to see a public process. He would also like to have a special Council meeting or include questions on the survey. He noted that the Council had agreed not to put the money in the general fund but to use it in the community some way. Councilmember Basill noted that he would only like to see this resolved with some form of public process. He felt that the task force, a public meeting, and the survey would all be adequate public processes. He felt that the survey could be a good option. Meeting of December 1, 2008 (Item No. 3c) Page 4 Subject: City Council Minutes October 27, 2008 Councilmember Sanger questioned if there could be something on the City website where people could give their suggestions and ideas. Mayor Jacobs noted that they already have a task force, the Park and Recreation Advisory Commission. He noted that staff could work with the Council and hold small public forums to get suggestions. Councilmember Sanger didn’t think that they would get a good turn out for public forums. She suggested that Councilmembers bring it up when they speak at neighborhood meetings. Mr. Harmening noted that they have good feedback from the visioning process and questioned Council why residents felt that a task force was so important. Mr. Basill assumed that it was because public land was sold and residents felt they should have a say on how the money is used. Councilmember Paprocki noted there are a lot of issues that they could address in a public forum. If they had five ideas they could present them at an ice cream social and get the opinion of the everyday citizen. Mr. Harmening noted that they would develop broad categories of ideas. Councilmember Carver would like staff to bring areas of consideration for how to use the proceeds. He felt that a task force would bring expectations and is interested in using a public process that gives Council the right to make the final decision. He felt that citizens need to stand up and take charge if they would like to be heard on the issue. He would like the Council to use the information they have to indentify the areas where the money could be used, and would like to see the proceeds used for a long-term reinvestment in the City. Councilmember Finkelstein would like staff to come back with five areas where they think the proceeds could be used. He would then like Council to review the areas, narrow it down, and then post the questions in the survey and on-line to get feedback from the residents. He would like a public process to be used in the decision. Councilmember Paprocki would like staff to come up with 20 or so ideas. The Council could then narrow it down to five and those five would be presented to the residents to decide which ones they would like to move forward. Councilmember Basill noted that if they put the questionnaire on-line there is no limit to the number of times that people can complete the survey. He would like to see questions included on the mail survey. and felt that it would be a fair public process. Councilmember Carver would like to call all people who are interested and let them know that they must be present to be heard. Mayor Jacobs noted that he hears “no” on using a task force at this time. Meeting of December 1, 2008 (Item No. 3c) Page 5 Subject: City Council Minutes October 27, 2008 Councilmember Sanger noted that there will not be enough background information to include this question on the survey. Councilmember Basill felt that the survey would be a nice alternative to get Citywide feedback. Councilmember Paprocki noted that there has to be boundaries or they are going to be all over the place. Councilmember Basill agreed that the Council needed to create boundaries. Councilmember Paprocki questioned if this could fit into the winter retreat agenda. Mr. Harmening answered in the affirmative. Mr. Harmening noted that the survey would have to be delayed until the first of the year if they were going to include these questions on the survey. Councilmember Basill questioned if they delay the survey, would it delay anything else. Mr. Harmening responded no other items would be delayed, but staff had hoped to use the results of the survey at the Council’s winter workshop. Councilmember Carver felt there needed to be direction from the Council as to how the money could be used and it had to be something that benefited the entire City. Councilmember Sanger would like to send out the survey as it is and would not like to include questions on excess land sale proceeds. Councilmember Omodt thought he heard from the neighborhoods that they were expecting the money would go directly into their neighborhoods and not to the entire City. He noted that the school used an open on-line survey and this would be an option for the City to get feedback. Mayor Jacobs noted that they would have to control how many times a person is allowed to vote on an on-line survey. Mr. Harmening noted that it appeared a majority of the Council felt that this item should not be included on the survey. He further indicated the consensus of the Council was for staff to come back with ideas on how to use the land sale proceeds and a public process could be developed from there. 5. Financial Policies Mr. DeJong presented to the Council regarding the new and updated financial policies in preparation for the upcoming bond sale and bond rating review. Staff is proposing that the updated policies be formally adopted at the November 3rd City Council meeting. Councilmember Sanger questioned if this would affect the bonds the City would be considering in a couple of weeks. Mr. DeJong confirmed that it would. Mr. DeJong presented to the Council how the City currently fares in each of the following seven areas: revenue and expenditure assumptions, budget amendments and updates, long-term financial planning, long-term capital planning, debt management policies, and reserve and liquidity policies. It was the consensus of the Council to move forward with the recommendations of the staff. Meeting of December 1, 2008 (Item No. 3c) Page 6 Subject: City Council Minutes October 27, 2008 6. Communications (Verbal) The meeting adjourned at 8:40 p.m. Written Reports provided and documented for recording purposes only: 7. September 2008 Monthly Financial Report 8. Quarterly Investment Report (3rd Quarter June- September 2008) 9. Foreclosed Properties Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 1, 2008 Agenda Item #:3d UNOFFICIAL MINUTES CITY COUNCIL CLOSED EXECUTIVE SESSION NOVEMBER 3, 2008 1. Roll Call Mayor Jacobs called the meeting to order at 6:00 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phillip Finkelstein, Paul Omodt, Loran Paprocki and Sue Sanger Councilmembers absent: C. Paul Carver. Staff present: City Manager (Mr. Harmening) and Chief Information Officer (Mr. Pires) Others present: City Attorney (Mr. Scott) 2. ARINC Litigation Proceedings and Settlement Agreement City Attorney Mr. Scott provided an update regarding the litigation proceedings and proposed settlement agreement with ARINC in a Closed Executive Session. 3. Adjournment The meeting adjourned at 6:45 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 1, 2008 Agenda Item #: 3e UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA NOVEMBER 3, 2008 The meeting convened at 6:50 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), Economic Development Coordinator (Mr. Hunt), Community Development Director (Mr. Locke), Planning and Zoning Supervisor (Ms. McMonigal) and Recording Secretary (Ms. Schmidt). Guest: Rick Carter, LHB 1. Vision St. Louis Park Strategic Direction/Focus Area Update Mr. Hunt presented the staff report. Rick Carter gave a presentation relating to “green building.” He explained the strategies and benefits for site and storm water management, energy efficiency and daylighting, occupant health, and resource efficiency. Mr. Carter gave a brief overview of LEED and the Minnesota sustainable guidelines. He explained estimated cost difference percentages involved for LEED registration and certificates, B3 and LEED documentation, energy modeling, commissioning, additional construction costs and life cycle costs. The meeting adjourned at 7:30 p.m. Written Reports provided and documented for recording purposes only: 2. Payroll Transition Plan ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 1, 2008 Agenda Item #: 3f UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 3, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Deputy City Manager/HR Director (Ms. Gohman), Community Coordinator (Mr. Zwilling), Community Development Director (Mr. Locke), Inspections Director (Mr. Hoffman), Planning & Zoning Supervisor (Ms. McMonigal), Chief Information Officer (Mr. Pires) and Recording Secretary (Ms. Schmidt). 2. Presentations – None 3. Approval of Minutes 3a. City Council Study Session Minutes October 13, 2008 It was noted on page three, item #3, the second paragraph, second sentence should state: “…future expansion needs.” It was noted on page four, item #4, the sixth paragraph, should state: “Sunset Ridge Housing Improvement Area” It was noted on page three, item #3, the last paragraph, should state: “…front of building and noted there were no sidewalks for the…” The minutes were approved as amended. 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. Meeting of December 1, 2008 (Item No. 3f) Page 2 Subject: City Council Minutes November 3, 2008 4a. Approve Second Reading to Adopt Ordinance 2361-08 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 2362-08 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 2363-08 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 No. 08-139, 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 No. 08-140, establishing a Debt Policy, Fund Balance Policy, and modifying the Investment Policy. 4h. Adopt Resolution No. 08-141, 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. It was moved by Councilmember Paprocki, seconded by Councilmember Basill, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. 2009 Employer Benefits Contribution Ms. Gohman presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt Resolution 08-142, Establishing 2009 Employer Benefits Contribution. Meeting of December 1, 2008 (Item No. 3f) Page 3 Subject: City Council Minutes November 3, 2008 Councilmember Basill complimented staff on the job well done. The motion passed 6-0. 8b. First Reading of Zoning Ordinance Amendments relating to Communication Towers and Antennas Mr. Harmening explained in order to provide fair public process, staff requested Council to refer the proposed ordinance to the Planning Commission for review and public comment, with a November 19th public hearing date. It was moved by Councilmember Finkelstein, seconded by Councilmember Basill, to continue First Reading of Ordinance and refer the proposed ordinance to the Planning Commission for review and public comment. The motion passed 6-0. 8c. Zoning Ordinance Amendments for Institutional Uses in Residential Districts Ms. McMonigal presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, 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. Councilmember Sanger stated that she felt the land uses could generate a lot of traffic, noise, and parking concerns that could be disruptive to surrounding neighborhoods. She stated that by having the CUP process, it would allow for public process on concerns and how best to shape the project and as a result, they would become better projects. Councilmember Paprocki felt the current zoning includes requirements for traffic feeding into major arterial and minimizing the impact to local roads and setbacks, further stating it could be handled a different way. He further stated he would be opposing and felt this wouldn’t impact larger schools, but would impact the smaller schools. Councilmember Paprocki also stated concern with added staff costs. Councilmember Finkelstein stated he would also be opposing the ordinance, further stating it would create bad precedent and unintentional consequence with added workload on the Planning Commission, staff and Council. Councilmember Omodt stated he felt open forum discussions create a better end result. Meeting of December 1, 2008 (Item No. 3f) Page 4 Subject: City Council Minutes November 3, 2008 Councilmember Finkelstein stated his concern was about the policy issue and questioned what kind of precedence they would be establishing for the future. Councilmember Sanger felt that this process would ensure the applicant spends time in advance on their project planning, further stating that pre-planning may not affect the cost and/or create red tape. Councilmember Sanger also stated it would require and encourage the applicant to talk with the neighbors. She stated that in the future she would be open to discuss possible amendments for smaller schools. Councilmember Paprocki stated he would look into options on amendments for smaller schools. He further stated he didn’t believe it would be a huge increase in work, but felt they were going in the wrong direction for budget purposes. Councilmember Paprocki also stated his disappointment that the four institutions had not yet been contacted about the proposed amendments. Councilmember Basill suggested taking the expanded list to a study session for further discussion. Councilmember Sanger stated the list was expanded by a suggestion and also noted that public institutions have gone through public process, they would just labeled in the CUP process. Councilmember Basill stated they should be cautious with the expanded list. Mr. Locke explained the premise of a CUP requirement. He suggested the process would not be a significant amount of extra time for staff. Ms. McMonigal stated that staff included more uses than initially planned. Councilmember Omodt felt this would be a good way to keep people honest. Mayor Jacobs stated as far as costs and staff and applicant time, he didn’t believe the impact would be all that much. He also liked the idea of looking at options for smaller schools. The motion passed 4-2-0. Councilmember Paprocki and Councilmember Finkelstein opposed. 8d. Proposed Settlement Agreement – ARINC Mr. Harmening presented the staff report. He also thanked the Telecommunications Advisory Commission for their help in the entire process. Mayor Jacobs thanked Mr. Scott for handling the mitigation and litigation process. Meeting of December 1, 2008 (Item No. 3f) Page 5 Subject: City Council Minutes November 3, 2008 Councilmember Basill stated he felt the Telecommunications Advisory Commission gave appreciative feedback throughout the process. Councilmember Sanger thanked Mr. Pires for his work and leadership in the development of the WiFi program, as well as the help in the crafting of the settlement. It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to 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. The motion passed 6-0. 8e. Resolution of Support - Southwest Transitway Ms. McMonigal presented the staff report. Councilmember Sanger stated support for the motion, reminding everyone she is the City’s alternate on the Policy Advisory Committee for the SW LRT, further stating it is their hope that the LRT would be given the highest priority after the development of the central railway corridor. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to adopt Resolution 08-143, requesting that Southwest Transitway be given high priority in the Metropolitan Council’s 2030 Transportation Policy Plan (TPP). Councilmember Basill reminded everyone that the goal for the first part of it would be 2015. Ms. McMonigal reiterated, stating that the Hennepin County Regional Rail Authority intends to proceed with the necessary studies to apply for Federal funding and be operational by 2015. The motion passed 6-0. 9. Communications Mayor Jacobs reminded everyone not to rake leaves into the street. He also requested everyone vote on Tuesday, November 4th, stating its democracy’s most important day of the year. Meeting of December 1, 2008 (Item No. 3f) Page 6 Subject: City Council Minutes November 3, 2008 10. Adjournment The meeting adjourned at 8:45 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 1, 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 an Ordinance to Amend the City Charter. RECOMMENDED ACTION: Motion to Approve Second Reading of Ordinance to amend the St. Louis Park Home Rule Charter: Table of Contents, Chapters 3, 5, and Index and set publication (7 affirmative votes required). POLICY CONSIDERATION: Does the City Council wish to amend the Table of Contacts, Chapters 3 (Section 3.10), 5 (Section 5.06) and Index of the St. Louis Park Home Rule Charter, as recommended by the Charter Commission? BACKGROUND: On November 17, 2008, Council held the public hearing and approved first reading of the ordinance without change. Council set second reading of the ordinance for December 1, 2008. If approved, amendments to the Charter will be effective 90 days after publication. At the Charter Commission meeting on September 10, 2008, Charter Commissioners unanimously voted to recommend that the City Council pass an ordinance amending Sections 3.10 and 5.06 of the St. Louis Park City Charter. Amendments are as follows: ƒ Section 3.10 requires the city to recodify the City Code every ten years. The City Clerk’s office updates the Code whenever ordinances are adopted, amended or repealed in a timely manner and keeps these records electronically. While this section may have been needed in earlier years, with electronic recordkeeping, this section is not necessary. ƒ Section 5.06 requires the City Council to award contracts to the lowest responsible bidder. In recent years, the State Legislature has amended contract laws to include best value contracting, which considers other factors than just price. The proposed amendment, if adopted, would give the Council the ability to use best value contracting in the future. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Draft Ordinance to Amend the St. Louis Park Home Rule Charter Amended Home Rule Charter Table of Contents/Index on File with City Clerk Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager Meeting of December 1, 2008 (Item No. 4a) Page 2 Subject: Proposed Amendments to the City Charter ORDINANCE NO. ____-08 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. LOUIS PARK CITY CHARTER CONCERNING REVISION AND CODIFICATION OF ORDINANCES AND CONTRACTS PREAMBLE WHEREAS, pursuant to Minn. Stat. § 410.12, Subd. 7 the Charter Commission has recommended to the City Council that the Charter be amended as provided herein; and WHEREAS, Minn. Stat. § 410.12, Subd. 7 provides that upon recommendation of the Charter Commission the City Council may enact a Charter Amendment by ordinance. THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS: SECTION 1. Section 3.10 of the St. Louis Park City Charter is deleted: SECTION 2. Section 5.06 of the St. Louis Park City Charter is amended as follows: Section 5.06. Contracts--How Let. City contracts must be made in compliance with State law. The City Council may reject any and all bids. SECTION 3. This Ordinance shall take effect ninety days after its publication. Date of Publication October 23, 2008 & October 30, 2008 Public Hearing and First Reading November 17, 2008 Second Reading December 1, 2008 Date of Publication December 11, 2008 Date Ordinance takes effect March 11, 2009 Reviewed for Administration Adopted by the City Council December 1, 2008 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting Date: December 1, 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: Second Reading of Ordinance Amendment Relating to Water Service Disconnections. RECOMMENDED ACTION: Motion to Adopt Second Reading of Ordinance amending Section 32-38 of the City Code, approve summary, and authorize publication. POLICY CONSIDERATION: Does the City Council wish to amend City Ordinance Section 32-38 to provide the Public Works Director with stated authority to discontinue water services to vacant and uninhabitable properties that are not properly heated during the winter months? BACKGROUND: On November 17, 2008, Council approved first reading of the water service disconnections ordinance without change and set second reading for December 1, 2008. City staff has discussed the need with Council to disconnect water service at properties that are not sufficiently heated during the winter months. While shutting off the water at the curb stop will not prevent water trapped in pipes in the home from expanding and breaking the pipe, it will prevent catastrophic water damage to the property. The city has the broad authority through the City Code and state law to disconnect water service to protect property and the city’s public water supply. However, City Attorney Roger Knutson recommends that section 32-38 of the water services Code be amended to give the Public Works Director stated authority to shut-off water service at the stop box to protect private property and the public water supply between October and April. The proposed language is similar to what other communities are adopting. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Ordinance Prepared by: Marcia Honold, Management Assistant Scott Anderson, Utility Superintendent Reviewed by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of December 1, 2008 (Item No. 4b) Page 2 Subject: First Reading of Ordinance Amendment Relating to Water Service Disconnections ORDINANCE NO. ____-08 AN ORDINANCE AMENDING CHAPTER 32 OF THE ST. LOUIS PARK CITY CODE CONCERNING WATER SERVICE THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS: SECTION 1. Chapter 32 of the St. Louis Park City Code is amended by adding section 32-38 to provide as follows: Sec. 32-38. Discontinuance of water service to protect property. The Director of Public Works is authorized to shut off water service, without charge to the owner, at any stop box connection at any time to protect the public water supply and private property based upon the finding that the property may not be sufficiently heated and that there is a danger that the water pipes may freeze based upon one or more of the following: (1) The property is uninhabitable or is vacant; (2) Other utilities to the property providing gas or electricity have been shut-off; (3) The property is not secured; (4) The property is not heated during winter months, October through April. SECTION 2. Effective Date: This ordinance becomes effective 15 days after the date of its publication. First Reading November 17, 2008 Second Reading December 1, 2008 Date of Publication December 11, 2008 Date Ordinance takes effect December 26, 2008 Reviewed for Administration: Adopted by the City Council December 1, 2008 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting Date: December 1, 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: 2009 Tree Pruning Contract. RECOMMENDED ACTION: Motion to Approve S & S Tree and Horticulture, Inc. as the 2009 Boulevard Tree Pruning Contractor. POLICY CONSIDERATION: Does Council wish to continue to have the City undertake boulevard tree pruning in 2009? BACKGROUND: 2009 will be our fifth year of contract rotation boulevard tree pruning. The goal of this contract is to increase the safety, health and function of all boulevard trees by removing low branches, removing deadwood and eliminating future impediments to growth. This contract only covers boulevard trees. Trees on Parks and City-owned property are rotationally pruned by Parks Maintenance Staff. S & S Tree and Horticulture, Inc. successfully performed the 2004 boulevard tree pruning contract for the City of St. Louis Park. Beginning on approximately January 5 and continuing until March 31, 2009, this contractual rotational pruning will be performed, beginning in the Aquila Neighborhood and continuing into and through the Cobblecrest Neighborhood. This rotational pruning keeps our cyclical tree maintenance on an eight to nine year rotation. FINANCIAL OR BUDGET CONSIDERATION: On November 19, 2008, this contract was let for bid with six companies submitting proposals for this service. S & S Tree and Horticulture, Inc. presented the lowest responsible bid. The bid results, based upon specifications for a two person crew with adequate equipment on a per hour basis, are: S & S Tree and Horticultural Specialists, Inc..........................$ 80.00 per hour Shadywood Tree Experts, Inc..................................................$ 82.00 per hour Ostvig Tree, Inc......................................................................$ 89.88 per hour Rainbow Treecare ...................................................................$125.00 per hour Davey Tree Expert Company..................................................$146.32 per hour Emery’s Tree Service...............................................................$200.00 per hour Meeting of December 1, 2008 (Item No. 4c) Page 2 Subject: 2009 Tree Pruning Contract Since this contract is not to exceed $60,000, S & S Tree and Horticulture, Inc. will continue to prune boulevard trees until they reach the $60,000 contract amount. As in the past, staff will closely monitor the contractual obligations and work of the contractor. VISION CONSIDERATION: St. Louis Park’s overall outdoor and built environment is clean, green, healthy, safe, and aesthetically pleasing. Community members are responsible stewards of the environment and realize their actions today influence the greater ecology inherited by future generations. Attachments: None Prepared by: Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: December 1, 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: Amendment to Contract No. 118-08 for Special Assessment for Fire Suppression Sprinkler System. RECOMMENDED ACTION: Motion to Amend Contract No. 118-08 from the original fire suppression sprinkler special assessment of $71,785.00 and administrative fee of $359.00 to a revised amount of $89,026.00 and administrative fee of $445.13 at 4838-4850 35th Street, St. Louis Park, MN. POLICY CONSIDERATION: This action is consistent with a policy the Council established in 1995. BACKGROUND: Beltline Three LLC, owner(s) of the commercial building 4838-4850 35th Street, have requested the City to authorize the installation of an automatic fire suppression sprinkler system for the commercial building and assess the cost against the property in accordance with the City’s special assessment policy. ANALYSIS: The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The City promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote the general public health, safety and welfare within the community. The Building Code requires the installation of a fire sprinkler system due to major remodeling project of the building. The property owner will be hiring a contractor to install the sprinkler system throughout the building and bring it up to compliance with the current code. Based on the proposed work, the system qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the installation of the fire sprinkler system and special assess the cost of the installation. Sprinkler plans have been submitted and approved by City staff. The total eligible cost of the installation has been determined to be $89,026.00. An administrative fee of $445.13 shall be received prior to the release of the special assessment funds. FINANCIAL OR BUDGET CONSIDERATION: Staff has determined that adequate funds are available through the Permanent Improvement Revolving Fund to assist with this project. VISION CONSIDERATION: None. Attachments: Contract Prepared by: Cary Smith, Fire Marshal Reviewed by: Luke Stemmer, Fire Chief Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of December 1, 2008 (Item No. 4d) Page 2 Subject: Amendment to Contract No. 118-08 Special Assessment for Fire Suppression Sprinkler System CITY OF ST LOUIS PARK PETITION FOR PUBLIC IMPROVEMENT AND ASSESSMENT AGREEMENT FIRE PROTECTION (SPRINKLER) IMPROVEMENT, FOR BELTLINE THREE LLC, PROPERTY LOCATED AT 4838-4850 35TH STREET, ST. LOUIS PARK, MN 55416 AGREEMENT made as of September 15, 2008 between the City of St. Louis Park, a Minnesota corporation (“City”) and Beltline Three LLC, (Owner). “Property Owner”, concerning special assessment on fire sprinkler improvement on property located at 4838 35th Street, “Benefited Property” described as “That part of Lot 3 lying Northeasterly of the following described line: Commencing at a point in Northerly line of Lot 3 distant 483’ Northeasterly from the northwest corner there; thence Southeasterly parallel with the Westerly line thereof 252 66/100’; thence Southwesterly to a point in the South line of Lot 3 distant 459 75/100’ from the southwest corner thereof, Block 1, Belt Line Industrial Park.” The City and the Property Owner agree as follows: 1) Property Owner(s). The Property Owner is Beltline Three, (Charles N. McCain will sign on their behalf). 2) Subject Property. The Property Owner is the fee owner of the property legally described in attached “Exhibit A” incorporated by reference herein. 3) Purpose of Agreement. Pursuant to Minnesota Statutes, Chapter 429 sub. 3 and St. Louis Park Resolution 08-116 the Property Owner petitioned the City on September 15, 2008 to specially assess the cost of the installation of an automatic fire sprinkler system in his building at the Benefited Property. The petition attached as “Exhibit B” is incorporated into this agreement by reference. The City Council has determined that it is in the best interest of the public for the City to facilitate the installation of a fire sprinkler system in the Benefited Property to promote the public health, safety and welfare. 4) Administrative Fee. An administrative fee of $445.13 for the processing of the sprinkler special assessment will be added to the total Special Assessment. 5) The Improvement Project. The construction of an automatic fire sprinkler system throughout the commercial building at the Benefited Property in conformance with plans and specifications as described in Exhibit B and as approved by the St. Louis Park Fire and Inspections Departments. 6) Responsibility. The Property Owner shall assume all responsibility for the installation, operation and maintenance of the fire sprinkler system, including all construction contracts and monitoring agreements. 7) Amount to be assessed. The total estimated cost of the project, based on the lowest responsible bid, is $89,026.00, all of which is proposed to be assessed against the Benefited Property as described in Paragraph 2 above. It is hereby agreed that the full cost of the project and the administrative fee of $445.13 will be assessed against the property. The total Special Assessment against the property will be $89,026.00. 8) Waiver of Notice and Hearing. In connection with this improvement, the Property Owner agrees to waive and does waive any and all rights to public hearing and right to any notice, whether provided by Minnesota Statutes, Chapter 429, or any other statute or by ordinance, City Charter, constitution, or common law. 9) Waiver of Right of Appeal. In connection with this improvement, the Property Owner agrees to waive and does waive any and all rights to appeal from the special assessment set forth above, whether provided by Minnesota Statutes, Chapter 429, or any other statute or by ordinance, City Charter, constitution, or common law. Meeting of December 1, 2008 (Item No. 4d) Page 3 Subject: Amendment to Contract No. 118-08 Special Assessment for Fire Suppression Sprinkler System 10) Implementation. Each party to this agreement agrees to execute any other documents upon request of the City, necessary to implement the waivers of notice, hearing and right of appeal for the special assessment for the improvement project. 11) Payment. The Property Owner agrees to pay the City for the cost of the above improvements in accordance with the following terms: a) The assessment shall be paid in equal installments over ten (10) years at five point eight five percent (5.85%) interest on the unpaid balance and in accordance with all provisions of the City policy for special assessments for fire sprinkler improvements. 12) Indemnification. The Property Owner shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses, or expenses, including attorneys fees, which may be suffered or from which they may be held liable, rising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the City, its employees, agents or subcontractors. 13) Certification of Encumbrances or Contract for Deed. Each party to this agreement certifies that the property described in Paragraph 1 above, is owned by that party in simple fee and is free and clear of all encumbrances or Contracts for Deed except as follows: 14) Right to Record. It is agreed that the City may record this document in the chain of title of the Benefited Property legally described above. 15) Payment. The Property Owner agrees that, after the City has completed the required inspections and has determined that the installation of the fire sprinkler system is in conformance with the applicable City ordinances and State laws, the Property Owner will provide the following documents to the City to allow the City to process payment of the amount to be assessed for the installation of the fire sprinkler system on the Benefited Property: a) A sworn construction statement stipulating the contractors and suppliers involved in the fire sprinkler installation on the Benefited Property and the agreed payment amounts, and b) A written notice from the Property Owner that they have determined the installation of the fire sprinkler system has been substantially completed as stipulated in their contract with their contractor, and c) Evidence of receipt of a lien waiver from the contractors and suppliers for the improvement project on the Benefited Property. It is further agreed by the City and the Property Owners, in making payment to the Property Owner, the City is not assuming responsibility for payment to any contractor or supplier for the installation of the improvement project on the Benefited Property. This agreement has been entered into as of the 15th day of September, 2008. FOR THE CITY OF ST. LOUIS PARK: __________________________________ Attest: Mayor ________________________________ __________________________________ City Clerk City Manager __________________________________ Fire Marshal (seal) Accounting Records Posted: __________________________________ Director of Finance Meeting of December 1, 2008 (Item No. 4d) Page 4 Subject: Amendment to Contract No. 118-08 Special Assessment for Fire Suppression Sprinkler System * FOR THE PROPERTY OWNER: ADDITIONAL ENCUMBRANCE(S) PROPERTY OWNER _________________________________ ________________________________ _________________________________ ________________________________ * All signatures of owners or encumbrances must be acknowledged by a Notary Public. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2008, by _______________________________________, property located at 4838 35th Street . Property Owner(s) ____________________________________ Notary Public THIS AGREEMENT WAS DRAFTED BY: St. Louis Park Fire Department 5005 Minnetonka Boulevard St. Louis Park, MN 55416 952-924-2500 Meeting Date: December 1, 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: Retirement Resolution for Cindy Wetzel. RECOMMENDED ACTION: Motion to Adopt Resolution to recognize Cindy Wetzel’s retirement after 21 years of service to the City of St. Louis Park. POLICY CONSIDERATION: None. BACKGROUND: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager, and City Council. This consent item will officially adopt the Resolution that honors Cindy Wetzel for her years of service. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Ali Fosse, HR Coordinator Approved by: Tom Harmening, City Manager Meeting of December 1, 2008 (Item No. 4e) Page 2 Subject: Retirement Resolution for Cindy Wetzel RESOLUTION NO. 08-____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO CINDY WETZEL WHEREAS, Cindy Wetzel began her employment with the City of St. Louis Park over 21 years ago on September 14, 1987; and WHEREAS, Cindy has been an outstanding member of the Police Department, serving in the capacity of Data Entry Clerk, Scheduling Coordinator and most recently Office Assistant III; and WHEREAS, Cindy’s knowledge and outstanding work ethic have made her an invaluable employee, dedicated to serving the City and the public to the best of her abilities; and WHEREAS, through her professionalism, positive attitude, and teamwork, Cindy has developed successful working relationships and has earned the respect of co-workers, supervisors and others; and WHEREAS, Cindy has willingly worked extra hours on many occasions, including weekends, to ensure that felony cases are completed and submitted to the county attorney for charging within the required time limit; and WHEREAS, Cindy will spend her retirement traveling, golfing and spending time with her family; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this Resolution and public record, would like to thank Cindy Wetzel for her great contributions and 21 years of dedicated service to the City of St. Louis Park and wish her the best in her retirement. Reviewed for Administration: Adopted by the City Council December 1, 2008 City Manager Mayor Attest: City Clerk Meeting Date: December 1, 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: Special Assessment Agreement for traffic control signal and intersection improvements related to the property at 3555 State Highway 100. RECOMMENDED ACTION: Motion to Approve the Public Improvement and Special Assessment Agreement and authorize the Mayor and City Manager to execute the agreement. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: PBK Investments (7 & 41 LLC) completed the purchase of the former Planet Ford site (3555 State Highway 100) in early 2008. They have requested that the City make improvements to the traffic control signal and the intersection at 36th Street West and Park Center Boulevard and assess the cost of the improvements against the property in accordance with the City’s special assessment policy. Analysis The site, formerly an auto dealership (Planet Ford) is currently undergoing modifications. The building on the site is being substantially remodeled for conversion to an LA Fitness. A fitness center use is permitted by the Zoning Ordinance and requires a building permit to allow construction. The proposed improvements to the intersection will enable full access to and from the site at 36th Street West. At the present time it is possible only to enter the site from 36th Street. Exiting to 36th Street is not possible; the access drive is too narrow. To improve the access drive, PBK Investments will be responsible for widening it on the site; the City would be responsible for widening it directly at the intersection. The only current method for exiting the site is off 35th Street West to the north of the site. Following the improvements, exiting from the site onto 36th Street West will also be possible. Engineering plans for the proposed improvements have not been completed. Following approval of the Public Improvement and Special Assessment Agreement, engineering for the proposed improvements will be completed and a more accurate cost estimate will be available for the work. At that time a resolution to establish a special assessment for the property, including the final cost estimates, will be brought forward to the Council. Meeting of December 1, 2008 (Item No. 4f) Page 2 Subject: Special Assessment |Agreement for traffic control signal and intersection improvements related to the property at 3555 State Highway 100 A copy of the Public Improvement and Special Assessment Agreement, drafted by the City Attorney, is attached. The agreement requires PBK to pay for all the engineering and legal costs associated with this project. It also requires a $50,000 letter of credit to ensure that PBK makes its special assessment payments once the street improvements are completed and the assessments begin. Additional approvals Although the City will complete the work related to the intersection, there is additional site work necessary to make it a full access intersection. The site’s topography results in the need for a substantial amount of fill to be brought into the site to expand what is currently only an entrance. To widen the driveway, approximately 13,000 cubic yards of fill will be added to the site. Because this amount is over 400 cubic yards, a Conditional Use Permit for fill is required. The work to modify the existing building to a LA Fitness is on-going; only a building permit was required for that part of the site. PBK Investments has submitted an application for the Conditional Use Permit (CUP) for fill. Staff is currently reviewing the application to determine its completeness. If complete, a public hearing before the Planning Commission would tentatively take place December 17th. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: None. Attachments: Public Improvement and Special Assessment Agreement Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Jim Olson, Engineering Project Manager Kevin Locke. Community Development Director Mike Rardin, Public Works Director Approved by: Nancy Gohman, Deputy City Manger/HR Director Meeting of December 1, 2008 (Item No. 4f) Page 3 Subject: Special Assessment |Agreement for traffic control signal and intersection improvements related to the property at 3555 State Highway 100 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT dated September 8, 2008, by and between the CITY OF ST. LOUIS PARK a Minnesota municipal corporation ("City") AND 7 & 41, LLC, a Minnesota limited liability company, and 7 & 41 CROSSINGS CENTER LIMITED PARTNERSHIIP, a Minnesota limited partnership (collectively "Developer"). RECITALS A. Developer is the fee owner of the following real property located in the City of St. Louis Park, Hennepin County, Minnesota: Lots 1 and 4, Block 3, Belt Line Industrial Park, except Parcel No. 1 as set out on Minnesota Department of Transportation right of way Plat No. 27-11, filed as Document No. 4818930 and as acquired under final certificate filed as Document No. 5825268 having a street address of 3555 State Highway 100, St. Louis Park, Minnesota 55416 (the "Subject Property"). B. Developer has requested that the City install a traffic control signal and intersection improvements at the intersection of West 36th Street and Park Center Boulevard to serve the Subject Property (the "Public Improvements" or “The Project”). NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PUBLIC IMPROVEMENTS. The City will construct the Public Improvements to serve the Subject Property. 2. INITIAL COSTS. The Developer shall, upon execution of this Agreement, deposit with the City $10,000.00 to be applied to payment of all costs incurred by the City in conjunction with the development of The Project plans and specification, preparation of contract document and bidding. If such costs exceed $10,000.00 the Developer shall, upon demand by the City, pay such additional costs to the City within ten (10) days of such demand or the City will cease work on The Project, and provided further that the amount by which this deposit exceeds the City's actual costs, if any, shall be returned to the Developer. 3. DEVELOPER APPROVALS. After the plans and specifications are prepared, the Developer must approve them in writing or The Project will be abandoned. Subsequent modifications or changes to the plans and specifications that do not change the overall scope of The Project are not subject to approval by the Developer. If the Developer approves the Plans and Specifications the City will prepare contract document and publicly bid the project. Both the City and the Developer must Meeting of December 1, 2008 (Item No. 4f) Page 4 Subject: Special Assessment |Agreement for traffic control signal and intersection improvements related to the property at 3555 State Highway 100 approve the bids. If the City or the Developer does not approve the bids the public improvement project will be abandoned. 4. CHAPTER 429 PROJECT. The City shall assess 100% of the cost of the public improvements referred to in paragraph 1 above, together with administrative, planning, engineering, capitalized interest, legal and bonding costs against the Subject Property not previously paid pursuant to paragraph 2 above. The estimated principal amount of the special assessment is $200,000.00 but the final assessment amount will be based on actual costs. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessment shall be paid over an 8-year period without deferment, together with interest at an annual rate of five point eight five percent (5.85 %) per year on the unpaid balance. The Developer waives any and all procedural and substantive objections to the installation of the public improvement and the special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. 5. SECURITY. To guarantee timely payment of special assessments, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank ("Security") for $50,000.00. The bank shall be subject to the approval of the City Manager. If any installment of special assessments is not paid in full when due, and in any event before any penalty is attached, the City may draw upon the Security to pay off the balance, whether due or not, on all special assessments imposed pursuant to this Agreement. With City approval the Security may be reduced from time to time as special assessments are paid. If the City has cause to believe that the Security may lapse prior to the end of the required term, the City may also draw down the Security. 6. ATTORNEY FEES. The Developer agrees to pay the City's costs and expenses, including attorney fees in enforcing this Agreement. 7. AMENDMENTS. Any amendment to this Agreement must be in writing and signed by both parties. 8. ASSIGNMENT. The Developer may not assign any of its obligations under this Agreement without the prior written consent of the City. 9. REPRESENTATIVES NOT INDIVIDUALLY LIABLE. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 10. NOTICES AND DEMANDS. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: Meeting of December 1, 2008 (Item No. 4f) Page 5 Subject: Special Assessment |Agreement for traffic control signal and intersection improvements related to the property at 3555 State Highway 100 (a) AS TO DEVELOPER: 7 & 41, LLC 3800 American Blvd. W., Suite 760 Bloomington, Minnesota 55431 and 7 & 41 Crossings Center, Limited Partnership 3800 American Blvd. W., Suite 760 Bloomington, Minnesota 55431 (b) AS TO CITY: City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Attn: City Manager or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Agreement. 11. DISCLAIMER OF RELATIONSHIPS. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 12. CHOICE OF LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 13. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. CITY OF ST. LOUIS PARK BY: _________________________________ Mayor AND ________________________________ City Manager Meeting of December 1, 2008 (Item No. 4f) Page 6 Subject: Special Assessment |Agreement for traffic control signal and intersection improvements related to the property at 3555 State Highway 100 DEVELOPER: 7 & 41, LLC BY: _________________________________ Its 7 & 41 CROSSINGS CENTER, LIMITED PARTNERSHIIP BY: _________________________________ Its STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of _____________, 2008, by ____________________________ and by ____________________________, respectively the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________________ NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2008, by __________________________ the __________________________ of 7 & 41, LLC, a Minnesota limited liability company, on behalf of the company. ___________________________________ NOTARY PUBLIC Meeting of December 1, 2008 (Item No. 4f) Page 7 Subject: Special Assessment |Agreement for traffic control signal and intersection improvements related to the property at 3555 State Highway 100 STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2008, by __________________________ the __________________________ of 7&41 Crossings Center Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. ___________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (RNK) Meeting Date: December 1, 2008 Agenda Item #: 4g Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Gambling Premise Permit for Hopkins Raspberry Festival Association. RECOMMENDED ACTION: Motion to Approve Resolution authorizing a gambling Premises Permit for Hopkins Raspberry Festival Association, Inc., operating at Laredo’s, 4656 Excelsior Boulevard. POLICY CONSIDERATION: Does the Council wish to approve a gambling premises permit for Hopkins Raspberry Festival Association to operate pull tabs at Laredo’s located at 4656 Excelsior Boulevard? BACKGROUND: The Hopkins Raspberry Festival Association has submitted an application for a Gambling Premises Permit to conduct lawful gambling operations in the form of pull-tabs inside Laredo’s restaurant, 4656 Excelsior Boulevard in St. Louis Park. This organization has operated in the City since April of 2002. The premises permit tentative start date is December 8, 2008 and the duration will continue through December 31, 2009. Days and hours for the lawful gambling operations are tentatively planned to consist of Monday through Sunday from 5:00 p.m. – 10:00 p.m. The Hopkins Raspberry Festival Association currently operates lawful gambling sales in two locations; one in St. Louis Park at Al’s Bar, and one in Hopkins at Decoy’s. Because of the pending sale of the Al’s Bar property located at 3912 Excelsior Boulevard, the Hopkins Raspberry Festival felt it was necessary to locate another site in order to continue their support to St. Louis Park. As a platinum sponsor to the Parktacular celebration in St. Louis Park, the Association donated $4,000 in May of 2008 and an additional $4,500 is scheduled to be paid in December. Therefore, a total of $8,500 will have been donated to Parktacular from their 2008 gambling proceeds received at the Al’s Bar location. All current requirements for issuance of the license have been met. The Police Department has conducted a background investigation on the organization, its officers and related personnel and found no past issues/concerns with legal pull-tab sales at this location. Should the City Council approve the application, the resolution of approval will be forwarded to the State Gambling Control Board who is responsible for issuing the license permit. Meeting of December 1, 2008 (Item No. 4g) Page 2 Subject: Gambling Premise Permit for Hopkins Raspberry Festival Association FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not Applicable. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of December 1, 2008 (Item No. 4g) Page 3 Subject: Gambling Premise Permit for Hopkins Raspberry Festival Association RESOLUTION NO. 08-______ RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY HOPKINS RASPBERRY FESTIVAL ASSOCIATION, INC. AT LAREDO’S, 4656 EXCELSIOR BOULEVARD DECEMBER 8, 2008 – DECEMBER 31, 2009 WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code Chapter 15 , provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premise permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; therefore, BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed above meets the criteria necessary to receive a premises permit, and the application is hereby approved. Reviewed for Administration: Adopted by the City Council December 1, 2008 City Manager Mayor Attest: City Clerk Meeting Date: December 1, 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: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100. RECOMMENDED ACTION: Motion to Approve Contract with Short Elliott Hendrickson, (SEH), Inc. for engineering consulting services for the Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012- 0100. POLICY CONSIDERATION: City Council approval is required for contracts that exceed $100,000. This contract is necessary to forward this project towards construction. BACKGROUND: History The City’s Capital Improvement Program (C.I.P.) indentifies the T.H. 7/Louisiana Avenue intersection as a priority improvement project. The proposed project will provide for the construction of a grade-separated interchange at Louisiana Avenue and T.H. 7. The project would also include pedestrian and bicycle friendly improvements along with re-configuration of the frontage roads in order to improve access, safety, and traffic flow for both the T.H. 7 corridor and Louisiana Avenue. This proposed improvement is essential in meeting the transportation and safety needs of both Mn/DOT and the City. In addition to high commuter usage (congestion) in the T.H. 7 corridor, the T.H. 7/Louisana intersection experiences many other traffic and safety related problems. Louisiana Avenue serves as a vital north-south corridor through the City, carrying anywhere from 10,000 to 15,000 vehicles per day at this location and T.H. 7 carries 35,000 to 40,000 vehicles per day through this intersection. The close configuration of the frontage roads to T.H. 7 and the heavy traffic generation of properties in close proximity to the intersection (including Methodist Hospital and Sam’s Club) add to the intersection’s congestion. This intersection has also been identified as a higher safety priority concern for Mn/DOT. Despite recent signal timing modifications by Mn/DOT to the T.H. 7 corridor, the T.H. 7/Louisiana intersection still experiences significant delays during the peak traffic periods. In addition, traffic studies for potential future re-development activities, a future LRT Station nearby, and hospital expansions have determined that this T.H. 7/Louisiana improvement is a critical element in meeting the future transportation needs in this area. Meeting of December 1, 2008 (Item No. 4h) Page 2 Subject: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 T.H. 7 also creates a barrier for bicycles and pedestrians wishing to cross at Louisiana Avenue. A separated grade interchange will provide opportunities for pedestrians and bicyclists to safely cross the T.H. 7 corridor in order to link with destinations such as Louisiana Oaks Park, the Cedar Lake LRT Trail, and transit facilities, including a proposed future light rail station at Louisiana Avenue. Because of the needed traffic and safety improvements listed above, staff submitted an application in July 2007 for Federal funds through the State’s Surface Transportation Program administered by the Metropolitan Council. In, February 2008, staff was successful in obtaining $7,630,000 in federal funds for this project. Professional Services Staff solicited proposals from three consulting engineer firms to perform all the work needed in developing plans for constructing a grade separated interchange at Louisiana Avenue and Highway 7. A selection committee comprised of city staff, (3 Public Works, 1 Community Development) and a Mn/DOT representative choose the consulting firm of SEH, Inc. SEH, Inc. has developed a work plan that includes four phases. Phase 1 includes scoping and data collection, Phase 2 includes concept design and alternatives analysis, Phase 3 includes preliminary design and environmental assessment, and Phase 4 includes final design, right-of-way acquisition and bidding documents. The initial contract agreement will be for work on Phase 1 and Phase 2 of the work plan (attached) as these two phases are interrelated and work should progress on some tasks in each phase simultaneously. Project Schedule A preliminary schedule is attached for all four phases of work. Phases 1 and 2 of the contract will begin immediately and are scheduled for completion by July, 2009. FINANCIAL OR BUDGET CONSIDERATION: Estimated Contract Cost A Proposal from SEH, Inc. dated November 21, 2008 estimates the cost for the work in Phase 1 and Phase 2 at $306,548.00. All work performed under this contract is paid for on a time and materials basis. The initial source of funding for this work/project is undetermined at this time. Various funding methods were discussed with Council at the November 24th study session. This project will be expensed to the Streets Capital Projects fund to be reimbursed in the future possibly by one or more of the following funding options: HRA Levy, GO bond or MSA funding. Contract Terms The following terms are incorporated into this contract: 1. Phase 1 and 2 contract work is scheduled for completion by the end of July, 2009. 2. Compensation is based on actual work performed with a maximum contract amount of $306,548.00 3. SEH, Inc. has independent contractor status. Meeting of December 1, 2008 (Item No. 4h) Page 3 Subject: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 4. City may terminate this contract with seven (7) days notice. The document utilized for this contract is the City’s standard professional services agreement developed by the City Attorney. VISION CONSIDERATION: The following Strategic Direction and focus area has been identified by Council. St. Louis Park is committed to being a connected and engaged community. Focus will be on: • Promoting regional transportation issues and related dedicated funding sources affecting St. Louis Park including but not limited to Hwy. 100 and SWLRT. Attachments: Agreement Phase 1 and Phase 2 Work Tasks Schedule of work Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Scott Brink, City Engineer Mike Rardin, Public Works Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of December 1, 2008 (Item No. 4h) Page 4 Subject: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 CITY OF ST LOUIS PARK AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made on the1st day of December, 2008, between the City of St. Louis Park, Minnesota (“City”), a Minnesota municipal corporation, whose business address is 5005 Minnetonka Boulevard, St. Louis Park, Minnesota 55416, and SEH, Inc. (“Contractor”) whose business address is 3535 Vadnais Center Drive, St. Paul, MN 55110-5196. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that person, firms, or corporations providing such services enter into written contracts with the City. The purpose of this contract is to set forth terms and conditions for Engineering Services for Street Improvement Project - Highway 7 and Louisiana Ave Interchange (Project No. 20120100). The City and Contractor agree as follows: 1. Scope of Services. The Contractor agrees to provide professional services as described in their Proposal dated November 21, 2008, attached and made a part of this Agreement. 2. Time for Performance of Services. The Contractor agrees to perform the services provided in their Proposal dated November 21, 2008, attached and made a part of this Agreement. 3. Compensation for Services. The City agrees to pay the Contractor for services as described in their Proposal dated November 21, 2008. Compensation shall not exceed $306,548.00 without prior written authorization by the City. 4. Special Contractors. The Contractor may utilize Special Contractors when required by the complex or specialized nature of the Project and when authorized in writing by the City. 5. Extra Services. The City will pay Contractor for extra services by the Contractor or Special Contractors only when authorized in writing by the City. 6. City Services Provided. The City agrees to provide the Contractor with the complete information concerning the scope of the Project and to perform the following services: A. Access to the Area: The City shall obtain access to and make all provisions for the Contractor to enter upon public and private lands as required for the Contractor to perform such work as surveys and inspections in the development of the Project. B. Consideration of the Contractor’s Work: The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Contractor, and shall inform the Contractor of all decisions within a reasonable time so as not to delay the work of the Contractor. C. Standards: The City shall furnish the Contractor with a copy of any design and construction standards they may require in the preparation of the report for the Project. D. Owner’s Representative: A person shall be appointed to act as the City’s representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions, with respect to the materials, equipment, elements, and systems pertinent to the work covered by this Agreement. 7. Method of Payment. The Contractor shall submit to the City, on a monthly basis, itemized bills for professional services performed under Sections 1-5 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. Meeting of December 1, 2008 (Item No. 4h) Page 5 Subject: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 A. Progress Payment: For work reimbursed on an hourly basis, the Contractor shall indicate the following for each employee: name; job title; the number of hours worked; rate of pay; a computation of amounts due; and the total amount due for each project task. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Contractor shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work: If any work performed by the Contractor is abandoned or suspended in whole or in part by the City, the Contractor shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Contractor’s Reimbursable Costs. The Contractor shall be reimbursed for the work of special contractors, as described in Section 4, and for other items when authorized in writing by the City. Shall include items such as: Transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and reproduction of reports. 8. Accuracy of Work The Contractor shall be responsible for the accuracy of the work and the utilization of all determinant data, and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Contractor without additional compensation. 9. Authorized Agents The City shall appoint an authorized agent for the purpose of administration of this agreement. The Contractor is notified the authorized agent for the City is as follows: Mark R. Dierling, P.E. SEH, Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 Telephone: 651-765-2953 Email: mdierling@sehinc.com The City is notified the authorized agent for the Contractor is as follows: Scott Brink, P.E. City of St. Louis Park 5005 Minnetonka Blvd. St. Louis Park, Minnesota 55416-2290 Telephone: 952-924-2687 Email: sbrink@stlouispark.org 10. Audit Disclosure. The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor’s books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Contractor under this Agreement which the client requests to be kept confidential shall not be made available to any individual or organization without the City’s prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of this Agreement, but Contractor may retain copies of such documents as records of the services provided. Meeting of December 1, 2008 (Item No. 4h) Page 6 Subject: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 11. Termination. This Agreement may be terminated by either party by seven (7) days’ written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment will be made to the Contractor, and the City may retain another contractor to undertake or complete the work identified in Section 1 (Contractor Services). If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Section 3 (Compensation for Services), then the Contractor shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Contractor shall not subcontract any portion of the work to be performed under this agreement nor assign this agreement without the prior written approval of the authorized agent of the City. The Contractor shall ensure and require that any subcontractor agrees to and complies with all of the terms of this agreement. Any subcontractor of Contractor used to perform any portion of this agreement shall report to and bill Contractor directly. Contractor shall be solely responsible for the breach, performance or nonperformance of any subcontractor. The Contractor shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1-1/2 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 13. Independent Contractor. At all times and for all purposes herein, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Non-Discrimination. During the performance of this contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this section in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For: No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Meeting of December 1, 2008 (Item No. 4h) Page 7 Subject: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 19. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations, including to the extent it is applicable the Minnesota Government Data Practices Act, pertaining to the provisions of services to be provided. Any violation shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. 22. Insurance A. General Liability: During the term of this Agreement, Contractor shall maintain a general liability insurance policy with limits of at least $1,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor’s coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Section No. 21. A certificate of insurance on the City’s approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker’s Compensation: The Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker’s Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Contractor’s services under this Agreement. C. Professional Liability Insurance: The Contractor agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured’s capacity as the Contractor, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $1,000,000. 23. Records Access. The Contractor shall provide the City access to any books, documents, papers, and record which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for six years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports, models, computer files and information generated in connection with performance of the agreement shall become the property of the City. The City may use the information for it purposes. Such use by the City shall not relieve any liability on the part of the Contractor. 25. Governing Law. This Agreement shall be controlled bye the laws of the State of Minnesota. 26. Notices. Any notices given under this Agreement will be served personally or by mail at the addresses stated herein. Meeting of December 1, 2008 (Item No. 4h) Page 8 Subject: Consultant Contract - Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100 This standard agreement has been reviewed by the City Attorney. EXECUTED as to the day and year first above written. CITY OF ST. LOUIS PARK Reviewed for Public Works: ____________________________________ __ Michael P. Rardin, Director of Public Works ___________________________________ Thomas K. Harmening, City Manager SHORT ELLIOTT HENDRICKSON, INC. By_________________________________ ___ Attest: Its__________________________________ __ __________________________________ Nancy J. Stroth, City Clerk By ___________________________________ Its__________________________________ Meeting of December 1, 2008 (Item No. 4h) Subject:Consultant Contract - Highway 7 Louisiana Avenue Interchange Project - Project No. 2012-0100 Page 9 Meeting of December 1, 2008 (Item No. 4h) Subject:Consultant Contract - Highway 7 Louisiana Avenue Interchange Project - Project No. 2012-0100 Page 10 Meeting of December 1, 2008 (Item No. 4h) Subject:Consultant Contract - Highway 7 Louisiana Avenue Interchange Project - Project No. 2012-0100 Page 11 Meeting of December 1, 2008 (Item No. 4h) Subject:Consultant Contract - Highway 7 Louisiana Avenue Interchange Project - Project No. 2012-0100 Page 12 Meeting Date: December 1, 2008 Agenda Item #: 4i Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Acceptance of Two Donations to Fire Department. RECOMMENDED ACTION: Motion to Accept Donations from John and Elsa Selover in the amount of $500 and David and Maura Mitchell in the amount of $100 for restoration of the 1928 American LaFrance fire truck. POLICY CONSIDERATION: Does the City Council wish to accept the gifts with restrictions on their use? BACKGROUND: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. The Selover’s and Mitchell’s are graciously donating to the Fire Department an amount of $600 cash. The donations are given with the restrictions. FINANCIAL OR BUDGET CONSIDERATION: These donations will assist us in restoring the antique fire engine that is currently unusable without mechanical improvements. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Bruce DeJong, Finance Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of December 1, 2008 (Item No. 4i) Page 2 Subject: Acceptance of Two Donations to Fire Department RESOLUTION NO. 08-___ RESOLUTION APPROVING ACCEPTANCE OF DONATION FROM JOHN AND ELSA SELOVER IN THE AMOUNT OF $500 AND DAVID AND MAURA MITCHELL IN THE AMOUNT OF $100 FOR USE BY THE FIRE DEPARTMENT WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, the Selover’s and Mitchell’s desire to assist the Fire Department in restoring its antique fire engine with a donation of $600; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks and appreciation. Reviewed for Administration Adopted by the City Council December 1, 2008 City Manager Mayor Attest: City Clerk Meeting Date: December 1, 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: Final Payment Resolution Contract 88-08 Pearson Brothers, Inc. – Project No. 2008-0001. RECOMMENDED ACTION: Motion to Approve Resolution authorizing final payment in the amount of $18,758.35 for the 2008 City Sealcoat Project - Project No. 2008-0001 with Pearson Brothers, Inc., City Contract No. 88- 08. POLICY CONSIDERATION: Not applicable. BACKGROUND: City Council approved undertaking the 2008 Sealcoat Project– City Project No. 2008-0001. The project was advertised, bid and awarded to Pearson Brothers, Inc. on July 7, 2008 in the amount of $286,572.60. This project included sealcoating selected streets in Pavement Management Area 8 which comprises the neighborhoods of Blackstone, Cedarhurst, Lake Forest and Fern Hill. The Contractor completed this work within the contract time allowed (10 days) at a final contract cost of $245,490.10, an underrun of $29,057.50, and a change order deduction in the amount of $12,025.00. FINANCIAL OR BUDGET CONSIDERATION: The cost for this project was accounted for in the 2008 capital budget. The work will be paid for using Pavement Management Funds. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of December 1, 2008 (Item No. 4j) Page 2 Subject: Final Payment Resolution Contract 88-08 Pearson Brothers, Inc. – Project No. 2008-0001 RESOLUTION NO. 08-_____ RESOLUTION ACCEPTING WORK ON CONTRACT SEALCOATING CITY PROJECT NO. 2008-0001 CONTRACT NO. 88-08 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated July 7, 2008, Pearson Brothers, Inc. has satisfactorily completed the contract sealcoating, as per Contract No. 88-08. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $ 286,572.60 Change Order -12,025.00 Underrun -29,057.50 Previous Payments 226,731.75 Balance Due $ 18,758.35 Reviewed for Administration: Adopted by the City Council December 1, 2008 City Manager Mayor Attest: City Clerk Meeting Date: December 1, 2008 Agenda Item #: 4k Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Final Payment Resolution Contract 48-08 Midwest Asphalt Corporation - Project No. 2007-0170. RECOMMENDED ACTION: Motion to approve Resolution authorizing final payment in the amount of $3,633.50 for the 2007 Reclaiming and Repaving the Trail System in Carpenter Park Project - Project No. 20070170 with Midwest Asphalt Corporation, City Contract No. 48-08. POLICY CONSIDERATION: Not applicable. BACKGROUND: City Council approved the 2007 Trail Project– City Project No. 2007-0170. The project was advertised, bid and awarded to Midwest Asphalt, Corp. on September 4, 2007 in the amount of $65,120.00. This project included reconstruction of the trail system in Carpenter Park. The Contractor completed this work within the contract time allowed at a final contract cost of $72,670.00, which included two change orders totaling $7,550.00. FINANCIAL OR BUDGET CONSIDERATION: The cost for this project was accounted for in the 2007 capital budget. The work will be paid for using Capital Improvement Funds. VISION CONSIDERATION: This trail project is in line with Vision: St. Louis Park is committed to being a connected and engaged community. Attachments: Resolution Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Cindy Walsh, Director of Park and Recreation Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of December 1, 2008 (Item No. 4k) Page 2 Subject: Final Payment Resolution Contract 48-08 Midwest Asphalt Corporation - Project No. 2007-0170 RESOLUTION NO. 08-_____ RESOLUTION ACCEPTING COMPLETION OF RECONSTRUCTION OF THE TRAIL SYSTEM IN CARPENTER PARK CITY PROJECT NO. 2007-0170 CONTRACT NO. 48-08 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated April 24, 2008, Midwest Asphalt Corporation has satisfactorily completed reconstructing the trail system in Carpenter Park, as per Contract No. 48-08. 2. The Director of Parks and Recreation has filed a recommendation for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $ 65,120.00 Change Orders $ 7,550.00 Previous Payments $ 69,036.50 Balance Due $ 3,633.50 Reviewed for Administration: Adopted by the City Council December 1, 2008 City Manager Mayor Attest: City Clerk Meeting Date: December 1, 2008 Agenda Item #: 4l Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Recognition of 2008 Savvy Award. RECOMMENDED ACTION: No formal action required. Jason Huber, the city’s Web Coordinator/Applications Developer has been honored with a 2008 Savvy Award from the City-County Communications and Marketing Association (3CMA). POLICY CONSIDERATION: None. BACKGROUND: GraffitiNet has earned the top honor – a Savvy – from the City-County Communications and Marketing Association (3CMA) in its Communication Technology category for municipalities with a population between 23,000 and 135,000. 3CMA is the leading national organization and professional group for government communicators. GraffitiNet earned its top honor in a category that included runners-up from North Carolina and Arizona. The award recognizes the power of GraffitiNet as both an innovative idea and an actual application. In addition to its use in crime fighting, 3CMA recognized GraffitiNet as an innovative way to communicate more efficiently. GraffitiNet was created completely in-house by the city’s Web Developer and Applications/Developer Jason Huber. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: The Graffiti Net project, which was honored by the Savvy Award, helps support work in our Vision: St. Louis Park is committed to being a connected and engaged community. Attachments: None Prepared by: Jamie Zwilling, Communications Coordinator Reviewed by: Clint Pires, Chief Information Officer Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: December 1, 2008 Agenda Item #: 4m OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA November 5, 2008--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Robert Kramer, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Larry Shapiro MEMBERS ABSENT: None STAFF PRESENT: Meg McMonigal, Sean Walther, Nancy Sells 1. Call to Order – Roll Call Commissioner Robertson arrived at 6:05 p.m. Commissioner Shapiro arrived at 6:09 p.m. 2. Approval of Minutes of October 15, 2008 Commissioner Johnston-Madison made a motion to recommend approval of the October 15, 2008 minutes. Commissioner Carper seconded the motion, and the motion passed on a vote of 3-0-2 (Kramer and Person abstained). 3. Hearings A. Rezoning, Preliminary Plat and Variance and Preliminary PUD for The Ellipse on Excelsior Location: 3900 and 3912 Excelsior Boulevard 3409, 3413 and 3417 Glenhurst Avenue South 3408, 3412 and 3416 France Avenue South Applicant: Bader Development Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD Sean Walther, Senior Planner, presented the staff report. Dean Dovolis, DJR Architecture, spoke about the neighborhood process, which included seven meetings. A variety of issues were discussed from height to traffic flow, accessibility, etc. They were able to accomplish a lot of things, yet some they weren’t able to because of site constraints. He reviewed the site plan and discussed the classes of materials used. They worked to make it a part of the community and give it interest. They balanced the amount of retail, parking and residential units. There is interest in a restaurant component with Meeting of December 1, 2008 (Item No. 4m) Page 2 Subject: Planning Commission Minutes November 5, 2008 outdoor dining for part of the project. They were working with the city on public art at the public plaza space. He also reviewed the project landscaping and making it a neighborhood gateway. They intend to provide strong visuals where France Avenue ends to show it is a residential area. They also created a buffer from the neighborhood with a fence and landscaping on both sides. Commissioner Person asked about the fence height. Mr. Dovolis replied it will be eight feet. Commissioner Carper noted one of the problems with previous commercial residential developments had been commercial access for deliveries. He asked what is being provided for the businesses here and for semi-trailers and large vehicles. Mr. Walther replied there is a loading area for quick deliveries off of Excelsior Boulevard or drop off for the apartment building. Mr. Dovolis showed the designated loading area for the longer term and commercial deliveries. Commissioner Carper asked if a large vehicle could circulate through the lot. Mr. Dovolis responded yes. Analysis was done to show the parking area would allow semis and fire trucks to maneuver. Commissioner Carper asked about the northwest portion of the building. If there were vehicles parking there, was there enough of a drive aisle to handle a larger vehicle unloading and have traffic pass through? Mr. Dovolis replied there was enough of a drive aisle explaining it is a two-way, 60-foot wide lot and 24 foot drive aisle from Excelsior. Commissioner Morris asked about the drive aisle from Excelsior and if it would only accommodate short trailers. Paula Merrigan, project architect, replied it would be for short trailers. They didn’t believe the restaurant or retail uses would need full size semis. Commissioner Morris asked if they could guarantee there would be no vehicle maneuvering on Excelsior Boulevard backing into or out of that drive. Mr. Dovolis replied there wouldn’t be vehicle maneuvering on Excelsior Boulevard from that drive. Meeting of December 1, 2008 (Item No. 4m) Page 3 Subject: Planning Commission Minutes November 5, 2008 Commissioner Morris asked if there would be traffic parking on Excelsior in front of the units. Mr. Walther replied there was no on street parking proposed. Commissioner Morris asked what was anticipated to be the width of the boulevard and sidewalk along the Excelsior frontage. Mr. Walther replied it would be six feet of landscaped area from the sidewalk to the curb, a seven foot sidewalk and a five foot distance to the building wall, which would include some encroachments with the front decks and the stairway access to the sidewalk. Commissioner Morris asked if it would be Class I material or hardy plank and stucco above the first floor. Mr. Dovolis replied it was hardy plank covered with stucco. It is a wood framed building above the first floor and with traditional stucco with wood there is settlement and cracking, so they were using a hardy plank that had a stucco appliqué. That is considered a Class II material. It has the same look as stucco, but the longevity would be better. Ms. Merrigan added that it would be panels with joints and there would be detailing at the joints. There are a lot of problems and lawsuits with stucco and hardy has become the preferred material in the building industry for a number of reasons. There will be controlled joints, with a metal detail. Chair Robertson stated the detail was more of a reveal rather than a baton type and sounded good. He asked about the shading studies. Mr. Walther replied the ordinance has very specific standards for deciding when shadow is a problem. The applicant has produced a shadow study, which is an overall view of the winter months when it would impact the neighboring properties. The ordinance creates a time period criteria where they are allowed to cover more than 50% of the building elevation of a neighboring property. He further reviewed the studies. Chair Robertson felt the study for the month of December looked a little dark. He asked if it differentiates between what is house and what is garage or does the ordinance address it as an entire structure? Mr. Walther replied he believed the garage wasn’t shown, it was the house. Commissioner Johnston-Madison asked about views of what the neighbors would see looking back at the building. Meeting of December 1, 2008 (Item No. 4m) Page 4 Subject: Planning Commission Minutes November 5, 2008 Mr. Walther showed the back view, and said there was no view from the houses to the project. Commissioner Carper inquired with the increase in home heating costs and the attempt of various types of construction to take advantage of capturing solar heat, was there any idea of additional costs for the houses that would be shaded? Mr. Walther replied no. Chair Robertson opened the public hearing. Susan Williams, 3405 Glenhurst, indicated she owns a house in the shadow of the project. Her home is built with all of the windows on the south side and the sun warms her house, especially in the winter. She was concerned about project height and shadowing. Chair Robertson asked for clarification that shading would be not more than 60% of the house for not more than two hours. Meg McMonigal, Planning and Zoning Supervisor, read from the ordinance, “All buildings shall be located so that the structure does not cast a shadow that covers more than 50% of another building wall for a period greater than two hours between 9 AM and 3 PM, for more than sixty days of the year.” That would need to be two hours per day, more than sixty days of the year. Chair Robertson clarified that was per wall, not per building. They might need to look at that a little better. Brian Johnson, 3345 Glenhurst, president of the Minikahda Oaks neighborhood association, stated he and a large part of the neighborhood were not opposed to the building or developer, but the height was a major concern and they were not on board with the project only because of that. The neighbors had made requests to the development team to step back the building on the north end, to lower the building height in general, and to turn the windows of the building so they were not looking over the neighborhood. He understood the cost issue. The concern is the neighbors right next to this property. If the developer’s cost was a concern, he requested the Commission consider increasing the TIF to make up for those costs. He didn’t believe all of the solutions had been explored and that stepping the building back on the north end of the building was a viable option. He would like to have an answer why the proposed height, especially on that end of building was necessary. Aquila Commons was initially proposed to be four stories all the way around. The neighbors abutting it were 60 feet or more away and fought enough that over half the building was dropped a floor. He didn’t see other mixed use developments this close to single family. He was afraid of what it could do to surrounding property values. They wanted to discuss the height issue further. There are 78 homes in the neighborhood and the majority feel the same way about the height. Meeting of December 1, 2008 (Item No. 4m) Page 5 Subject: Planning Commission Minutes November 5, 2008 Commissioner Morris asked if four floors were acceptable, but five was too high. Mr. Johnson replied he looked at the guidelines that were established for the neighborhood in 2005. The mix was between three and four stories. He understood that wasn’t possible economically, but the request to step the building back a little against the neighborhood side hadn’t been fully explored and he felt that would help the shadowing on the neighbors. Paul Ticen, 3404 France, said he is the owner of a home in the shadow of the building. He asked if the shading ordinance described any building being hit by a shadow for two hours or a wall of a building. Mr. Walther replied the zoning ordinance states wall. As applied for this project and the shadow study, they used the south elevation of the property for describing the percentage of the shadow on the building. He displayed the drawings. Staff could ask the project architects to provide a calculation to confirm that it meets the ordinance requirements. A detached garage would not likely count. Mr. Ticen asked how tall the fence would be. Mr. Walther replied six feet on the residential side, eight feet on the project side. Lisa Wyatt, 3333 Huntington, commented any larger trucks making deliveries would come from the east, which would be hard because there was no direct access from the west. There is a boulevard. She asked if there would be U-turns at France and Excelsior and expressed concerns about the light. Mr. Walther replied that SRF Consulting conducted a traffic study and did not find there would be issues. He could have them address that question. Chair Robertson asked if signal timing could be adjusted for different traffic. Ms. McMonigal replied yes, the signal timing could be adjusted. Ellen Anderson, 3336 Glenhurst, followed up on Mr. Johnson’s comments about the density, the height and the transition. The development team was wonderful to work with, but where they ran into an issue they couldn’t resolve regards stepping it back and finding a creative way to get the five stories in areas so the developer gets the views and has more of a transition. It would be like Trader Joe’s for 120 feet and it would feel like a canyon. She asked why they have to have that much commercial on that size of property. She asked where is there creativity to take away some of the public space in the front and give them the option to create something slightly different in the back. There is the issue of shadow and the sense of human scale. Ms. Anderson asked how do they make that transition and make it work for everybody. Meeting of December 1, 2008 (Item No. 4m) Page 6 Subject: Planning Commission Minutes November 5, 2008 Leah Meyer, 3401 Huntington, stated that she generally favored the development, but had concerns about the height. It would be helpful to have diagrams from the perspective of how the house sits next to the six-story building. Public transportation was a concern and the bus stop is currently in the location of the proposed loading zone. Mr. Walther believed there was sufficient space for the bus stop to be located so it would not be in the pull out area. Ms. Meyer had concerns about the location of the bus stop and congestion. Residents will be moving in and out and often the van lines have large trailers and that traffic was a concern. Maria Hanft, 3400 Huntington, stated she was sympathetic to the neighbors. It was a lovely development and would be a good thing for St. Louis Park if they could solve some of the issues. Chair Robertson closed the public hearing. Commissioner Morris stated the primary issue was the height. He remembered the neighborhood plan and asked if the proposal for a five-story building was in conflict with the Comprehensive Plan by Neighborhood. Ms. McMonigal said she thought he was referring to the Development Guidelines that were created. She stated the guidelines were not fully adopted into the Comprehensive Plan, they were referred to in the Comprehensive Plan. Commissioner Morris noted the issue of traffic. Large delivery vehicles can use the rear parking lot and come around. There are other ways for traffic to get there. There may be some maneuvering, but large and mid-size vehicle access to the site seems to be there without impacting the traffic pattern. It would be an excellent plan if the developer were to put in a bus shelter, rather than just accommodating a stop. He was not in favor of the reduction in materials for the site or the variances for the utility easements. He viewed the Excelsior portion of the site to be very forced right to the edge of the sidewalk. They spoke about townhouses and developments where they are set back and there is more of a yard. The ten- foot utility easement provides that. It also provides for the utilities that are underground. There would still be cabinets and rather than seeing them on the boulevard, they could go in the green space of the drainage utility between the sidewalk edge and the front of the building. Commissioner Morris added that aesthetically it would look nicer and it would not be much of a hardship to use Class I materials. Commissioner Kramer agreed there should be a formal bus stop. He didn’t like that the rear of the bus was almost in the intersection. It should be moved an adequate distance west on Excelsior boulevard, which is a concern with the moving van area. The space was Meeting of December 1, 2008 (Item No. 4m) Page 7 Subject: Planning Commission Minutes November 5, 2008 inadequately sized for rush hour moving and deliveries. Regarding height, he was sympathetic to the shadowing and would like to have the developer consider finessing that side of the building to help alleviate the shadowing. Commissioner Johnston-Madison stated this presented a dilemma for her. It was one of the best projects that had come forward for this property. She hoped there would be a stepping back of that part of the building. She knew it would cost more money, but asked if they had looked at stepping the building back. Mr. Dovolis replied they had looked at that a lot. There were multiple issues created by that, so they left more space surrounding the building. St. Louis Park’s shadow ordinance is one of the more conservative. When the shadow occurs, it is a two-hour shadow that occurs moving through. It is not like the house is in shadows all winter, all the time. The edge was established to protect that. A lot of consideration went into how that was set. The stepping was difficult because it didn’t gain them anything aesthetically and it didn’t do a lot to the view. The six-foot fence and the trees would shadow the houses. If shadows were an issue, the coniferous trees should be replaced. They felt that compacting the building and making it five stories was better than spreading it out longer across the site. They used the geometry to breaks up the façades, which helped reduce impact and view. They changed it from four units to three units facing the neighbors. They could give up the plaza, but losing that would make it feel tight. Commissioner Kramer asked on the shadow diagram, was it going up the wall, just at the foundation, on the roof, where was it exactly? Mr. Dovolis replied the shadow moves past the building and showed the worst case, for two hours the whole façade would be covered. It fell all the way onto the adjoining house for two hours, for less than sixty days. He showed the portion of the building that the shadow was coming from. To alleviate that issue, they would lose a whole floor. Chair Robertson agreed with Commissioner Kramer about the shading issue versus the massing. It would be educational to construct 3-D views including the vegetation between where the viewer would be and the building. If the modeling was accurate and met the criteria, then he was comfortable with it. Regarding Class I materials, from what they were proposing with the panelized stucco, it visually looked like stucco, which was Class I. He had a hard time with designing to ratios. If the design evolved and wants to be slightly different than a ratio they put together, but they had shown it was exceptional design to get there, he was comfortable relaxing it. It was not like they were asking to substitute vinyl siding for Class I material. It was a different method of applying stucco. As far as the building height, as a gateway building, he liked the massing of the building from the Excelsior side, but was sympathetic with how it approached the residential side. It severely impacts only a couple of house, but they needed to pay attention to those houses. Any views they could show to demonstrate that and provide better and accurate views of what they Meeting of December 1, 2008 (Item No. 4m) Page 8 Subject: Planning Commission Minutes November 5, 2008 would see would be helpful. He requests this be done with three different motions because they were different issues. Commissioner Kramer said he was excited about the design and was pleased that the developer had done good design elsewhere and worked well with the neighborhood. It showed great cooperation. He would go forward with the applications and had confidence knowing that both sides were honorable and reputable. Commissioner Carper stated he had a problem with the proposal. It was the best one they had seen in the area and he was encouraged by it, however the flaws were that the shading study was not an accurate representation of real life and the size of the building compared with the adjacent to homes. Commissioner Person noted that the 60-foot height and the shadowing meet the requirements of the mixed zone. Commissioner Person made a motion to recommend approval of the rezoning, subject to conditions recommended by staff. Commissioner Morris seconded the motion, and the motion passed on a vote of 6-1 (Carper opposed). Commissioner Morris made a motion to recommend approval of the Preliminary Planned Unit Development (PUD), subject to conditions recommended by staff. Commissioner Shapiro seconded the motion, and the motion passed on a vote of 5-1-1 (Carper opposed, Johnston-Madison abstained). Commissioner Johnston-Madison asked if they were sending any additional thoughts to Council that they should be considering as part of their process. Ms. McMonigal stated the Planning Commission could add some recommendations on the PUD. She noted the Commission’s comments included: to obtain more details on the shadow impacts, to look more closely at the bus stop location and see if it would be adequate or need to be moved, to look at the loading zone to see if it was adequately sized, to show the interface between the proposed building and the existing homes showing the height difference, and also show views from neighboring properties toward the building. Commissioner Carper asked to include the fact that the trees would provide a significant shadow and demonstrate that on the drawings. Mr. Dovolis noted the trees were clearly represented and very accurate, showing the species, size of the trees (as installed), and height of the fence. Ms. Merrigan clarified it was not in the ordinance to show the views of the trees. Meeting of December 1, 2008 (Item No. 4m) Page 9 Subject: Planning Commission Minutes November 5, 2008 Chair Robertson replied it was to help people visualize what they would and would not see. Mr. Dovolis added they could add those views. Commissioner Johnston-Madison noted the shadows falling on the houses were from the building. If there were shadows from the trees, they would be shadowed by the building. Commissioner Morris made a motion to recommend approval of the Preliminary Plat without the Subdivision Variances, subject to conditions recommended by staff. Commissioner Johnston-Madison asked Commissioner Morris to discuss an alternative to the variances. Commissioner Morris stated the applicant would put in the easements, which would affect the footprint of the building. There being no second, the motion failed. Chair Robertson asked staff for more clarification on the variances. Mr. Walther replied staff found the applicant met the criteria to grant the variance. The code requires a 5-foot easement along the west property line. The building is set back five feet back from the sidewalk on Excelsior Blvd. They could not provide a ten-foot easement because the building cannot encroach into a drainage and utility easement. On the Excelsior Boulevard side, in addition to the building itself being within five feet there are also stairways and decks from the residential units that come right up to the property line. The request is to allow them to build up to the property line in those areas. There aren’t currently utilities in that area and no proposed utilities in that area due to this development. Any proposed utilities need to be within the right of way that is available, under the sidewalk or landscaped area or within the street. Staff had received comments from Hennepin County, the keeper of Excelsior Boulevard right of way, and they did not have any comments related to the utility variance. Chair Robertson asked about the west side, they were requesting a variance from five feet to zero feet. If they were already set back five feet, it seemed like they had five feet for the utility easement. Mr. Walther replied the encroachments within that area include a fresh air intake that comes up to the property line for the underground parking and the building foundation. Staff is working through a potential amendment to their utility plans that may provide the five feet. If the utility plan changes, an easement may be required and may be in that area. Chair Robertson asked if there is an easement there, would the City allow them to encroach on that with the ventilation. Meeting of December 1, 2008 (Item No. 4m) Page 10 Subject: Planning Commission Minutes November 5, 2008 Mr. Walther replied in that situation there would be a very tailored easement that would include vertical dimensions, which was not ideal. Commissioner Shapiro noted one of the biggest things with taking the easement from ten feet to zero feet, it would impact the size of the building and the biggest thing would be the parking. He was not sure they could make that up anyplace. He was in favor of granting the reduction. Commissioner Kramer felt utility boxes along the curb would be ugly. There ought to be a way to keep those out of sight. He would be in favor of approving this if they could figure out a way to guarantee it would not create an eye sore. Mr. Walther noted staff could require utilities be buried. There is occasionally a specific utility that is difficult or extremely expensive to bury, an electrical transformer, but generally they would require every other type of utility to be buried. The one issue is that they could include small utilities in other plans and require it as part of the final plat submission so they would know where they were located. Commissioner Kramer suggested the transformer boxes be put against the building where they could become part of the architecture. Mr. Walther noted the architect and landscape architect had identified a couple of locations where that was possible and hidden in the landscaping. Commissioner Kramer made a motion to recommend approval of the Preliminary Plat with Subdivision Variances, subject to conditions recommended by staff and an additional condition that the utilities be buried where possible and transformers be out of sight. Commissioner Shapiro seconded the motion, and the motion passed on a vote of 5-2 (Carper and Morris opposed). Mr. Walther commented this could go before City Council as early as November 17th. Commissioner Morris asked staff to investigate the issue of required buffering shadowing. If they are going to have a development put in a buffer yard, but that buffer yard then acts as a shadowing effect on the abutting property, do they really want to get into that issue because they have the concept of shadowing as a zoning issue. If it is a private property and someone wants to plant trees that is one issue, but if they tell a development they have to put in a buffering and a property owner that abuts is concerned about the buffering shadowing their house, do they want to raise that issue about required buffered yard shadowing? Commissioner Person stated that presented a dilemma because the abutting property owner wants the taller trees foliage so they don’t see the building, yet the shadows could be a problem. Meeting of December 1, 2008 (Item No. 4m) Page 11 Subject: Planning Commission Minutes November 5, 2008 Chair Robertson agreed that was something to look at. Ms. McMonigal added staff could address it through the landscaping plan. Susan Williams, 3405 Glenhurst, stated when they talked about the shading, they were putting in a fence up with six-foot tall trees. The fence is there to block the driveway, the parking, lights and noise. When they were talking about the shading, they were talking about what came over the house and shaded the whole roof, the back yard and front yard. It was a very different thing from having a pine tree outside your window to be in darkness for 2-3 hours on a winter day. They were being disingenuous when they say they won’t put up any trees. That was not the shading problem. The shading was from the building. 4. Other Business A. Updates on proposed ordinances Ms. McMonigal provided updates on ordinance text amendments currently under consideration by the City Council. Chair Robertson asked if the Planning Commission could look at the definition of mixed use prior to receiving any more mixed-use applications. The Ellipse project was the third project that was in the 50/51% commercial/residential range. If there are new ratios it would be good to define that. Ms. McMonigal stated as part of land use planning the Commission should have more discussion about mixed use. The ordinance needs attention for a number of reasons. Mixed-use could be put on an agenda for discussion. She added the Commission may even want to talk with developers. Staff had struggled with developers to have mixed use at all. Requiring 50% had been the best they had been able to do. Commissioner Kramer commented that mixed-use developments needed to get enough commercial, but it isn’t specified what it should be. He noted that Excelsior and Grand has predominantly large national chains that don’t contribute to the vitality and vigor of the neighborhood. Many spaces have not been rented. Smaller businesses have not stayed very long or had difficulty remaining there. B. Comprehensive Plan schedule Ms. McMonigal stated staff is putting together a draft Comprehensive Plan for public review. 5. Communications Meeting of December 1, 2008 (Item No. 4m) Page 12 Subject: Planning Commission Minutes November 5, 2008 6. Adjournment The meeting was adjourned 8:02 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: December 1, 2008 Agenda Item #: 4n 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 November 15 through November 26, 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 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 1Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 100.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPS10,000 LAKES CHAPTER 100.00 25.37STORM WATER UTILITY G&A EQUIPMENT PARTSA-1 OUTDOOR POWER INC 25.37 1,030.48EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTAAA-LICENSE DIVISION 1,030.48 133.13HOLIDAY PROGRAMS GENERAL SUPPLIESAARCEE PARTY AND TENT RENTAL 133.13 68.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESABELSON, SARI 68.00 3,497.00CITY HALL BUILDING MTCE SERVICEACME AWNINGS CO 3,497.00 140.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESADAMS, MARGARET 140.25 78.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESADDIS, MAX 78.38 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESADDIS, RUBY 66.00 190.50EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESADMINISTRATION RESOURCES CORP 190.50 638.89YOUTH PROGRAMS GENERAL SUPPLIESALL STAR SPORTS 638.89 1,500.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSALLDATA 1,500.00 138.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESALLEN, BILL 138.19 1,415.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 699.00PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 2,114.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 2 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 2Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 119.13INSPECTIONS G & A DUE TO OTHER GOVTSAMERICAN BUILDING CONTRACTORS 1,772.15INSPECTIONS G & A BUILDING 1,891.28 182.48GENERAL REPAIR TIRESAMERICAN TIRE DISTRIBUTORS 182.48 86.79GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 153.20PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 104.83PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 98.74ENTERPRISE G & A GENERAL SUPPLIES 134.08VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 90.83WATER UTILITY G&A OPERATIONAL SUPPLIES 90.83SEWER UTILITY G&A OPERATIONAL SUPPLIES 759.30 274.83GENERAL BUILDING MAINTENANCE EQUIPMENT MTCE SERVICEAPPLIANCE SMART 274.83 194.60ENTERPRISE G & A GENERAL SUPPLIESARAMARK UNIFORM CORP ACCTS 194.60 2,447.44EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTASPEN EQUIPMENT CO 2,447.44 400.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSASSOCIATION OF MINNESOTA BUILD 400.00 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESAUNE, KIM 86.63 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBABCOCK, THOMAS 156.75 185.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBAGLOO, IRA 185.63 162.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBAGNE, AMY 162.94 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 3 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 3Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 55.00YOUTH PROGRAMS PROGRAM REVENUEBAHE, DALLAS 55.00 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBAHNER, KRISTIN 152.63 193.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBARBO, BARBARA 193.88 4,420.84GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESBARGMANN, MICHAEL 4,420.84 396.31HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESBARNA, GUZY & STEFFEN LTD 396.31 2,072.23CE INSPECTION IMPROVEMENTS OTHER THAN BUILDIBARR ENGINEERING CO 2,072.23 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBEARD, TIM 154.69 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBEARMON, JEANNE 86.63 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBELL, COLLEEN 76.00 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBELLEAU, LAURIE 156.75 84.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBENDA, BEATRICE 84.56 171.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBENSON, JANET 171.13 21,241.50REILLY BUDGET EQUIPMENT MTCE SERVICEBERGERSON CASWELL INC 21,241.50 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBERGH, CAROLINE 84.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 4 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 4Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBERGLUND, BRENDA 127.88 144.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBERGQUIST, ROGENE 144.38 207.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBERLIN, NANCY 207.00 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBIERMA, SHIRLEY 66.00 .50INSPECTIONS G & A DUE TO OTHER GOVTSBINDER HEATING & AC INC 40.00INSPECTIONS G & A MECHANICAL 40.50 175.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBJORGAARD, DEB 175.75 82.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBLIXRUD, ALDEN 82.50 129.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBLOMQUIST, NAN 129.94 203.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBLOOM, JAN 203.50 214.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBLOOM, JON 214.88 164.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBOTNER, LOREN 164.19 634.02OPERATIONSOPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC 634.02 132.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBRATLAND, ROSEMOND 132.00 92.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBRAUNSTEIN, FARREL 92.81 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 5 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 5Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 599.06PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESBRENTS SIGNS AND DISPLAYS 599.06 142.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBRIESEMEISTER, KATHY 142.31 20.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTBRILL, WALTER 20.00 680.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBRONX PARK NEIGHBORHOOD ASSOC 100.00NEIGHBORHOOD ASSOCIATION GRANT PUBLIC LIABILITY INSURANCE 780.00 86.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBROWN, DESIREE' 86.00 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBROZ, KATELYN 76.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBRUNN, DAWN 148.50 20.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBRUNNER, LORNE 20.63 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBUNIK, PETER 152.63 140.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBURGGRAFF, KATE 140.25 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBURSEY, CHANDLER 154.69 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESBUSSEN, JOAN 148.50 741.00OPERATIONSRADIO COMMUNICATIONSCALHOUN TOWERS APTS 741.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 6 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 6Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 12,283.35ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 75.00FRANCHISE ADMINISTRATION LEGAL SERVICES 4,792.05WIRELESS G & A LEGAL SERVICES 17,150.40 125.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCAMPBELL, MARY 125.81 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCANNON, GLENICE 127.88 439.36PRINTING/REPRO SERVICES RENTAL EQUIPMENTCANON FINANCIAL SERVICES 439.36 120.32WATER UTILITY G&A EQUIPMENT PARTSCARLSON SUPPLY INC 120.32 24.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCARLSON, CHERYL 24.75 144.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCARLSON, DON 144.38 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCARLSON, LAWRENCE 154.69 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCARLSON, TUCKER 76.00 10,000.00GENERAL FUND BALANCE SHEET PREPAID EXPENSESCARTEGRAPH SYSTEMS INC 10,000.00 1,083.51DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 1,083.51 3,612.43INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESCARVER, CITY OF 3,612.43 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCASEY, DIANNE 86.63 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 7 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 7Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 148.70EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ FINANCIAL SOLUTIONS INC 148.70 7,232.66DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC 120.30APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT 7,352.96 2,686.25FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN 6,800.92ENTERPRISE G & A HEATING GAS 9,487.17 125.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCHAMBERLAIN, CYNTHIA 125.81 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCHI, ESTHER 86.63 212.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCHRISTENSEN, MARY LOU 212.44 72.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCHRISTENSON, ANDREW 72.00 48.46GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESCINTAS FIRST AID & SAFETY 56.41WATER UTILITY G&A OPERATIONAL SUPPLIES 104.87 8.28-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 180.16ADMINISTRATION G & A GENERAL SUPPLIES 472.00ADMINISTRATION G & A POSTAGE 291.71ADMINISTRATION G & A MEETING EXPENSE 115.27HUMAN RESOURCES OFFICE SUPPLIES 65.26HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 600.00HUMAN RESOURCES RECOGNITION 33.77HUMAN RESOURCES CITE 181.12HUMAN RESOURCES TRAINING 70.92HUMAN RESOURCES MEETING EXPENSE 24.95APPLICATION SUPPORT/SERVICE SEMINARS/CONFERENCES/PRESENTAT 60.07NETWORK SUPPORT SERVICES DATACOMMUNICATIONS 199.00RESEARCH & DEVELOPMENT TRAINING 20.53FINANCE G & A OFFICE SUPPLIES Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 8 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 8Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 75.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT 1,041.01FINANCE G & A MEETING EXPENSE 219.09GENERAL INFORMATION OFFICE EQUIPMENT 110.00GENERAL INFORMATION TRAINING 46.82POLICE G & A POSTAGE 90.00DARE PROGRAM OPERATIONAL SUPPLIES 134.51SUPERVISORYSEMINARS/CONFERENCES/PRESENTAT 742.85ERUOPERATIONAL SUPPLIES 231.85OPERATIONSGENERAL SUPPLIES 320.68OPERATIONSFIRE PREVENTION SUPPLIES 2,639.20OPERATIONSTRAINING 256.99PUBLIC WORKS G & A GENERAL SUPPLIES 760.00ENGINEERING G & A TRAINING 8.08-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 3,010.12ORGANIZED REC G & A TRAINING 13.55ORGANIZED REC G & A INTEREST/FINANCE CHARGES 40.47BASKETBALLGENERAL SUPPLIES 12.72FOOTBALLGENERAL SUPPLIES 33.79ADULT SOFTBALL GENERAL SUPPLIES 394.18HOLIDAY PROGRAMS GENERAL SUPPLIES 539.19PARK MAINTENANCE G & A TRAINING 73.00ENVIRONMENTAL G & A SEMINARS/CONFERENCES/PRESENTAT 218.03WESTWOOD G & A GENERAL SUPPLIES 8.53HALLOWEEN PARTY GENERAL SUPPLIES 102.62HALLOWEEN PARTY CONCESSION SUPPLIES 50.00HALLOWEEN PARTY RENTAL EQUIPMENT 315.34BUILDING MAINTENANCE GENERAL SUPPLIES 12.15VEHICLE MAINTENANCE G&A MOTOR FUELS 370.00SOLID WASTE COLLECTIONS TRAINING 14,160.09 158.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCLEMENT, CLINT 158.81 82.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCLEVELAND, ASHLEY 82.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCOCHRAN, SUSAN 148.50 70.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCOEN-PESCH, CARA 70.13 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 9 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 9Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 159.95NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST 159.95 26,615.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCONCRETE ETC INC 26,615.00 123.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCONERY, MARY KAYE 123.75 799.89BUILDING MAINTENANCE GENERAL SUPPLIESCONTINENTAL RESEARCH CORP 799.89 113.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCOOK, JUDITH 113.44 17.94-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCOOKE JP CO 293.98INSPECTIONS G & A GENERAL SUPPLIES 276.04 1.95INSPECTIONS G & A DUE TO OTHER GOVTSCOTY CONSTRUCTION INC 208.65INSPECTIONS G & A BUILDING 210.60 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCOURTNEY, CATHERINE 88.69 142.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCOX, JOANN 142.31 180.27ADMINISTRATION G & A MEETING EXPENSECREATIVE CORPORATE CATERING 180.27 27.50YOUTH PROGRAMS PROGRAM REVENUECROSS, LASHONDA 27.50 23.00GENERAL REPAIR EQUIPMENT PARTSCRYSTEEL TRUCK EQUIP INC 204.62EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 227.62 44.07INSPECTIONS G & A GENERAL SUPPLIESCULLIGAN BOTTLED WATER 44.07 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 10 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 10Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 88.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESCUNNIEN, SHANNON 88.00 828.00EMPLOYEE FLEX SPEND G&A TUITIONCZAPAR, KIMBERLY 828.00 6,798.96WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 6,798.96 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDAVENPORT, JANE 66.00 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDAVIS, REBECCA 76.00 316.88EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTDEALER AUTOMOTIVE SERVICES INC 316.88 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDEANE, BETTY 156.75 5,284.53POLICE G & A POLICE EQUIPMENTDEFENSIVE EDGE TRAINING & CONS 5,284.53 764.34POLICE G & A RENTAL EQUIPMENTDELAGE LANDEN FINANCIAL SERVIC 764.34 68.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDELKE, SAMANTHA 68.00 173.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDELL, ED 173.25 61.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDESENS, HELEN 61.88 172.55GENERAL REPAIR EQUIPMENT PARTSDIESEL COMPONENTS 172.55 418.61TV PRODUCTION NON-CAPITAL EQUIPMENTDIGITAL PICTURES INC 418.61 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 11 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 11Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDISRUD, EMMA 88.69 8,069.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 8,069.00 1,710.08APPLICATION SUPPORT/SERVICE EQUIPMENT MTCE SERVICEDLT SOLUTIONS INC 1,710.08 3,771.76PRINTING/REPRO SERVICES PRINTING & PUBLISHINGDO-GOOD.BIZ INC 1,385.63POSTAL SERVICES POSTAGE 5,157.39 146.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDOHERTY, JEAN 146.44 193.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDOSAL, FRANK 193.88 300.00POLICE G & A SEMINARS/CONFERENCES/PRESENTATDOUBLETREE PARK PLACE HOTEL 300.00 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDRABEK, ARLENE 86.63 175.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDRACHE, KAY 175.50 1,459.06SUPERVISORYSEMINARS/CONFERENCES/PRESENTATDREIER, LORI A 1,459.06 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDRYER, JOEY 84.00 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDUESEHER, JILL 152.63 3,504.77POLICE G & A EQUIPMENT MTCE SERVICEDYNAMIC IMAGING SYSTEMS INC 3,504.77 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 12 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 12Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 132.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESDYSTE, CYNTHIA 132.00 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESEAGAN, TRICIA 84.00 89.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSEDM PUBLISHERS INC 89.00 7,800.00ESCROWSGENERALEGAN COMPANIES INC 1,051.25DAMAGE REPAIR OTHER CONTRACTUAL SERVICES 8,851.25 878.75ESCROWSDuke Realty - West EndEHLERS & ASSOCIATES INC 2,867.50ESCROWS 1,364.38WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,364.38SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,364.37SOLID WASTE G&A OTHER CONTRACTUAL SERVICES 1,364.37STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 9,203.75 42.80INSPECTIONS G & A BUILDINGELDER-JONES BUILDING PERMIT SE 42.80 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESELLINGSBERG, GAY ANN 152.63 118.39NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESELMWOOD NEIGHBORHOOD ASSN 118.39 889.55GENERAL REPAIR EQUIPMENT PARTSEMERGENCY APPARATUS MTNCE 889.55 3,370.56EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTEMERGENCY AUTOMOTIVE TECHNOLOG 3,370.56 180.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESEMPLOYERS ASSOCIATION INC 180.00 361.50ESCROWSBass Lake/EDI/UPENSR CORPORATION 125.98SAMPLINGGENERAL PROFESSIONAL SERVICES Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 13 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 13Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 9,334.70STUDIESGENERAL PROFESSIONAL SERVICES 9,822.18 286.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESENZ, MARY 286.75 72.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESEPSTEIN, LUCILLE 72.19 111.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESERTEL, SHIRLEY 111.38 874.37STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEESS BROTHERS & SONS INC 874.37 33,940.35SOLID WASTE COLLECTIONS RECYCLING SERVICEEUREKA RECYCLING 33,940.35 402.15NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESEVENSEN, PAULA 402.15 369.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESEVERS, CAROL 369.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFADDEN, CHRIS 148.50 142.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFADDEN, DOHN 142.31 37.55GENERAL REPAIR EQUIPMENT PARTSFASTENAL COMPANY 1,184.23WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 1,221.78 75.00HUMAN RESOURCES TRAININGFELHABER LARSON FENLON & VOGT 75.00 137.64OPERATIONSSMALL TOOLSFIRE EQUIPMENT SPECIALTIES INC 137.64 144.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFISCHELS, ANGELA 144.38 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 14 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 14Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 101.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFISCHER, LYNNE 101.06 55.00YOUTH PROGRAMS PROGRAM REVENUEFLAGLER, KELLY 55.00 134.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFLANNIGAN, JANE 134.06 150.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFLATTEN, ANNA 150.56 87.50COP SHOP GENERAL PROFESSIONAL SERVICESFLOYD TOTAL SECURITY 87.50 90.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFLUEGEL, ELIZABETH 90.75 136.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFOLEY, NICOLE 136.00 322.29GENERAL REPAIR EQUIPMENT PARTSFORCE AMERICA INC 322.29 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFORCIER, MEGAN 84.00 2.50INSPECTIONS G & A DUE TO OTHER GOVTSFORE MECHANICAL INC 127.50INSPECTIONS G & A MECHANICAL 130.00 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESFRENCH, CAROLE 66.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGAGNER, HENRY 148.50 200.00HUMAN RESOURCES RECOGNITIONGANDER MOUNTAIN 200.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 15 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 15Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 150.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGARCIA, JORGE 150.56 2.67-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSGENERAL SAFETY EQUIPMENT CORP 43.80TREE MAINTENANCE GENERAL SUPPLIES 41.13 123.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGEORGE, EMILIE 123.75 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGEORGE, MICHAEL 148.50 150.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGERHARDSON, JOAN 150.56 215.91TREE INJECTION PRIVATE TREE MAINTENANCEGILDNER, ADAM 215.91 82.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGILLE, JOHN PAUL 82.50 20.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGLEEKEL, BARBARA 20.63 139.00VOLLEYBALLGENERAL SUPPLIESGLS SPORTS EQUIPMENT EXPERTS 567.86BASKETBALLGENERAL SUPPLIES 706.86 132.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGLUCK, TEE 132.00 150.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGOLDMAN, ARNOLD 150.56 214.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGOLDSTEIN, GAIL 214.50 63.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGOLTZMAN, LILLIAN 63.94 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 16 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 16Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGOOGINS, DUANE 88.69 935.95WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 935.95 134.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGORMLEY, MAUREEN 134.06 76.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGORMLEY, TIM 76.31 16.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSGOVERNING 16.00 169.08WATER UTILITY G&A EQUIPMENT PARTSGRAINGER INC, WW 169.08 111.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGREEN, TOM 111.38 76.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGRIMES, MARIE 76.31 158.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGRISIM, LINDA 158.81 208.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGROVE, HENRY 208.31 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESGRUENBERG, JO 148.50 2,875.00DAMAGE REPAIR OTHER CONTRACTUAL SERVICESH&R CONSTRUCTION COMPANY 2,875.00 28,013.90TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEHAINES TREE SERVICE, B J 28,013.90 336.00FOOTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 336.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 17 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 17Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 371.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHAMILTON, SYLVIA POSZ 371.25 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHANLEY, SHEILA 148.50 368.29STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHANSON PIPE & PRECAST INC 368.29 88.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHARRIS, JASMINE 88.00 7,593.89WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 7,593.89 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHAY, SAM 84.00 105.30SEWER UTILITY G&A TRAININGHEALY, BILL 105.30 55.50INSPECTIONS G & A MECHANICALHEARTH & HOME TECHNOLOGIES 55.50 105.92WESTWOOD G & A MILEAGE-PERSONAL CARHEGNA, JESSICA 105.92 196.65EMPLOYEE FLEX SPEND G&A TUITIONHEIDEMANN, BRIAN 196.65 144.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHEMMERLE, JOHN 144.38 386.42NETWORK SUPPORT SERVICES COMPUTER SERVICESHENNEPIN COUNTY INFO TECH 386.42 8,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO 8,000.00 2,294.72POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFFS ACCTG 2,294.72 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 18 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 18Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 1,474.60OFFICE EQUIPMENT DESIGN/PROCUR OTHERHENRICKSEN PSG 1,474.60 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHERTZENBERG, ELIZABETH 84.00 177.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHILL, BERNICE 177.38 119.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHINES, LINDA 119.63 177.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHINZ, TODD 177.94 750.00HUMAN RESOURCES TRAINING REVENUEHIT & KURZEKA CONSULTING INC 750.00 86.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHOFF, MIKE 86.00 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHOGAN, ISABELLE 84.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHOLDEN, AGNES 148.50 46.87GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 50.32ROUTINE MAINTENANCE EQUIPMENT PARTS 16.38PARK MAINTENANCE G & A GENERAL SUPPLIES 65.89PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 136.50WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 150.65SEWER UTILITY G&A SMALL TOOLS 466.61 522.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 522.00 214.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 214.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 19 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 19Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 20.30POLICE G & A OFFICE SUPPLIESHSBC BUSINESS SOLUTIONS 1,161.91INSPECTIONS G & A GENERAL SUPPLIES 148.96GENERAL REPAIR EQUIPMENT PARTS 40.30-EQUIPMENT REPLACEMENT B/S DUE TO OTHER GOVTS 660.29EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 1,951.16 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHUBBARD, FLORENCE 127.88 4,487.91INSTALLATIONOTHER IMPROVEMENT SUPPLIESHUBBELL LIGHTING INC 4,487.91 352.85ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHUIRAS, SHIRLEY 352.85 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESHUNTER, YOSEF 66.00 1,520.40EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,520.40 119.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIACONO, JOHN 119.63 100.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSICC 100.00 240.36PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESICI DULUX PAINT CENTERS 240.36 3,507.56PRINTING/REPRO SERVICES EQUIPMENT MTCE SERVICEIKON OFFICE SOLUTIONS 3,507.56 108.76WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESINDELCO 108.76 72.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESINGRAM, THERESA 72.19 2,913.84CITY HALL GENERAL PROFESSIONAL SERVICESINSPEC INC 2,913.84 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 20 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 20Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 100.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSINTERNATIONAL CODE COUNCIL INC 100.00 44.68GENERAL REPAIR EQUIPMENT PARTSINTERSTATE BATTERY SYSTEM OF M 44.68 69.40GENERAL REPAIR EQUIPMENT PARTSINVER GROVE FORD 69.40 112.55ENVIRONMENTAL G & A OFFICE SUPPLIESISA 112.55 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESISENBERG, WENDY 156.75 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJAASKA, MAIJA 88.69 78.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJACKSON, TERRELL 78.00 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJACOBS, MICHAEL 84.00 115.09ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJAVINSKY, CECILE 115.09 2.69GENERAL REPAIR EQUIPMENT PARTSJERRY'S MIRACLE MILE 2.69 57.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJOHANNSON, PATRICIA 57.75 3,615.00ESCROWSBROOKSIDE TRAFFIC STUDYJOHNSON & OLAF JORGENSON, AMY 3,615.00 126.17PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVESJOHNSON LUBRICANTS, BOB 126.17 177.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJOHNSON, CAROL 177.38 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 21 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 21Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 220.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJOHNSON, CHRISTINE 220.50 85.37HALLOWEEN PARTY GENERAL SUPPLIESJOHNSON, DICK 85.37 150.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJOHNSON, HEIDI 150.00 132.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJOHNSON, MARY 132.00 20.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJOHNSON, SANDRA 20.63 284.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJOHNSON, SHIRLEY 284.63 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJONES, THERESA 76.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESJORDAN, KELLY 148.50 257.03INSPECTIONS G & A BUILDINGK-DESIGNERS 257.03 99.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKAEHR, CAROLYN 99.00 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKAHM, JANE 88.69 165.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKALK, TODD 165.00 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKARSTEN, SHIRLEY 88.69 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKASAN, EDWARD 156.75 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 22 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 22Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKEEDY, JOANNE 66.00 72.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKELLY, BRIDGET 72.00 3,120.00ESCROWSKENNEDY & GRAVEN 3,120.00 193.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKERTES, ANNE 193.88 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKESELEY, PAULA 127.88 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKIEFER, CATHERINE 154.69 191.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKLEINMAN, JAN 191.25 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKLOEHN, KATHERINE 152.63 55.00YOUTH PROGRAMS PROGRAM REVENUEKLUGMAN, ALLAN 55.00 80.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKNAEBLE, JOHANNA 80.00 86.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKOCH, SARAH 86.00 185.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKOEPCKE, STEPHEN 185.00 121.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKOHLER, CAROL 121.69 82.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKRAEMER, JILL 82.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 23 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 23Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 134.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKRAUSE, MARGUERITE 134.06 121.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKREMER, PATRICIA 121.69 20.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKRISHEF, DALE 20.63 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKULAS, COOKIE 88.69 94.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKUPKA, ALEX 94.00 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKURTZ, J HAMILTON 66.00 175.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESKURTZ, KIRSTEN 175.31 70.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLAHL, RACHEL 70.00 261.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLAIDERMAN, NESSA LEE 261.94 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLANDIS, FRANK 88.69 84.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLANDSTROM, LARRY 84.56 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLANGILL, WES 84.00 190.22GENERAL REPAIR EQUIPMENT PARTSLANO EQUIPMENT INC 190.22 167.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLAPAKKO, NANCY 167.06 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 24 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 24Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 249.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLAPRAY, JAMI 249.00 696.51WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESLARSCO INC 696.51 200.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLARSON, DAVID 200.25 134.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLARSON, SHARON 134.06 132.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLAUCHER, JESSICA 132.00 2,381.82EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,381.82 8,289.71UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE 8,289.71 55.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLEAHY, MICHAEL 55.69 90.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLEE, JOAN 90.75 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLEE, MARTIN 148.50 111.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLERNER, DEANIE 111.38 72.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLEWIS, MIKIALIA 72.00 119.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLINDBLAD, BARBARA 119.63 121.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLINDBLAD, PHILIP 121.69 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 25 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 25Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 892.95EMPLOYEE FLEX SPEND G&A TUITIONLINDBLOM, MIKE 892.95 80.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLINDEMANN, KT 80.00 20.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLINGWALL, MARILYN 20.63 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLINK, INGRID 84.00 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLIPETS, HELEN 88.69 1,028.25GENERAL REPAIR EQUIPMENT PARTSLITTLE FALLS MACHINE INC 1,028.25 70.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLOESCHKE, SARAH 70.00 313.23POLICE G & A OFFICE SUPPLIESLOFFLER COMPANIES 8.00POLICE G & A POSTAGE 321.23 277.01IT G & A COMPUTER SERVICESLOGIS 37,949.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICES 1,200.00NETWORK SUPPORT SERVICES COMPUTER SERVICES 1,676.50APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT 41,102.51 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLORENZ, ROCHELLE 86.63 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLUTES, IAN 84.00 1,346.36TREE INJECTION PRIVATE CLEANING/WASTE REMOVAL SERVICELUTHERAN CHURCH OF REFORMATION 1,346.36 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 26 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 26Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLYKKEN, LAURIE 66.00 997.60YOUTH PROGRAMS OTHER CONTRACTUAL SERVICESLYNCH CAMPS, INC 997.60 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLYNCH, TOM 154.69 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESLYON, SHARON 88.69 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMACKENZIE, KELSON 84.00 138.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMACON, LUKEESHIA 138.00 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMADSON, JOHN 86.63 134.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMAINELLA, HEATHER 134.06 59.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMAISEL, PAULA 59.81 231.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMALCOMSON, NANETTE 231.25 4,593.50PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESMANKATO KASOTA STONE INC 4,593.50 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMANUEL, JULIE ANNE 127.88 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMARBURY, KATHERINE 66.00 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMAREK, MARGARET 127.88 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 27 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 27Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 20.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMAROLT, TOM 20.63 190.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMARSDEN, RICK 190.50 146.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMARSKE, AVA 146.44 333.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMARTENS, BRENDA 333.94 180.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMAYNARD, MARY 180.38 155.00WESTWOOD G & A TRAININGMCCONNELL, BECKY 155.00 62.57PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESMCCROSSAN INC, C S 62.57 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMCFARLANE, JASMINE 84.00 138.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMCKAY, KATHY 138.19 136.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMCMILLIN, HAZEL 136.13 80.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMCNULTY, YUSEF 80.00 75.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSMEMA 75.00 93.11ROUTINE MAINTENANCE SMALL TOOLSMENARDS 12.76PARK MAINTENANCE G & A GENERAL SUPPLIES 44.09PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 124.00WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES 3.72GRANTSGENERAL SUPPLIES Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 28 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 28Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 7.89HALLOWEEN PARTY GENERAL SUPPLIES 285.57 86.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMERCHANT, EMMA 86.00 5.53OPERATIONSEQUIPMENT PARTSMETRO FIRE INC 5.53 424.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS 424.00 294,271.77OPERATIONSCLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL 294,271.77 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMETZKER, KATHY 156.75 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMEYERS, SALLY 127.88 169.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMICHAEL, ANDREA 169.13 10.68DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTMICRO CENTER 10.68 830.00POLICE G & A EQUIPMENT MTCE SERVICEMID AMERICA BUSINESS SYSTEMS 830.00 286.27POLICE G & A OPERATIONAL SUPPLIESMIDWEST BADGE & NOVELTY CO 286.27 122.60INSPECTIONS G & A PLUMBINGMIDWEST WINDOW COMPANY 122.60 90.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMILLER, GAIL 90.75 92.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMILLER, HANNAH 92.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 29 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 29Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 249.00POLICE G & A SEMINARS/CONFERENCES/PRESENTATMILLER, TODD 249.00 375.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS AREA ASSOC REALTOR 375.00 160.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTATMINNESOTA ASPHALT PAVEMENT ASS 160.00 1,136.94EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 1,136.94 77.80INSPECTIONS G & A BUILDINGMINNESOTA EXTERIORS INC 77.80 17.44ELECTRICAL SYSTEM MTCE BLDG/STRUCTURE SUPPLIESMINVALCO INC 17.44 492.03INSPECTIONS G & A GENERAL SUPPLIESMITOGRAPHERS INC 492.03 90.00BOILER MTCE LICENSESMN DEPT LABOR & INDUSTRY 80.00BUILDING MAINTENANCE LICENSES 60.00WATER UTILITY G&A LICENSES 230.00 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMONROE, MYRTLE 127.88 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMONSON, PATRICIA 86.63 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMORGENWECK, IRENE 86.63 74.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMORIN, CLARE 74.00 315.00PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPSMSPE 315.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 30 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 30Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 61.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMUELLER, CYNTHIA 61.88 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMURMAN, GLORIA 86.63 179.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMURMAN, JEFFREY 179.44 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMUSTFUL, MELANIE 84.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMUTCHLER, SARA 148.50 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESMYERS, MATT 84.00 129.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESNALEZNY, LOIS 129.94 102.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESNANCY'S CRAFT CAPERS 102.00 2.24GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESNAPA (GENUINE PARTS CO) 283.07SNOW PLOWING EQUIPMENT PARTS 4.25PREVENTATIVE MAINTENANCE GENERAL SUPPLIES 10.84PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 228.94GENERAL REPAIR EQUIPMENT PARTS 529.34 4,936.84SSD 1 G&A OTHER CONTRACTUAL SERVICESNATURAL REFLECTIONS VII LLC 1,196.21SSD 2 G&A OTHER CONTRACTUAL SERVICES 5,192.78SSD 3 G&A OTHER CONTRACTUAL SERVICES 11,325.83 160.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESNELSON, KELLEY 160.88 74.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESNELSON, LAVAY 74.25 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 31 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 31Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESNERHEIM, CONSTANCE 127.88 552.50PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTATNEW HORIZONS LEARNING CENTER 552.50 394.91INSPECTIONS G & A GENERAL SUPPLIESNEXT DAY GOURMET 394.91 77.27ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS 161.57HUMAN RESOURCES TELEPHONE 339.55RESEARCH & DEVELOPMENT TELEPHONE 70.27ASSESSING G & A TELEPHONE 121.09FINANCE G & A TELEPHONE 145.31EDA / HA REIMBURSEMENT TELEPHONE 1,034.35POLICE G & A TELEPHONE 458.55OPERATIONSTELEPHONE 70.27INSPECTIONS G & A TELEPHONE 242.47ENGINEERING G & A TELEPHONE 388.84PUBLIC WORKS OPS G & A TELEPHONE 87.88PARK AND REC G&A TELEPHONE 330.25ORGANIZED REC G & A TELEPHONE 254.75PARK MAINTENANCE G & A TELEPHONE 70.27ENVIRONMENTAL G & A TELEPHONE 279.13WESTWOOD G & A TELEPHONE 70.27REC CENTER/AQUATIC PARK SAL TELEPHONE 70.69VEHICLE MAINTENANCE G&A TELEPHONE 367.24WATER UTILITY G&A TELEPHONE 122.04SEWER UTILITY G&A TELEPHONE 36.74SOLID WASTE G&A TELEPHONE 4,798.80 136.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESNOEL, MARGE 136.13 1,643.30EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTNORTHERN SAFETY TECHNOLOGY INC 1,643.30 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESNOVOTNEY, DOLORES 127.88 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 32 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 32Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 70.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESNWOGWUGWU, TRENT 70.00 11,340.76BROCHUREPRINTING & PUBLISHINGNYSTROM PUBLISHING 11,340.76 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESO'KANE, TRACY 86.63 174.20ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE 174.20 129.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESODEN, ROSS 129.94 87.71HUMAN RESOURCES OFFICE SUPPLIESOFFICE DEPOT 5.20IT G & A OFFICE SUPPLIES 13.41FACILITIES MCTE G & A OFFICE SUPPLIES 171.43POLICE G & A OFFICE SUPPLIES 27.97POLICE G & A OPERATIONAL SUPPLIES 34.15OPERATIONSOFFICE SUPPLIES 33.48INSPECTIONS G & A GENERAL SUPPLIES 104.46PUBLIC WORKS G & A OFFICE SUPPLIES 18.91PUBLIC WORKS OPS G & A OFFICE SUPPLIES 18.92PARK MAINTENANCE G & A OFFICE SUPPLIES 18.91VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 186.07WATER UTILITY G&A OFFICE SUPPLIES 142.56SEWER UTILITY G&A OFFICE SUPPLIES 863.18 1,834.25INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 1,834.25 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESOLIVEIRA, PAMM 86.63 33.11SEWER UTILITY G&A EQUIPMENT PARTSOLSEN CHAIN & CABLE CO INC 33.11 140.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESOLSON, ANN 140.25 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 33 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 33Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 121.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESOLSON, FERDA 121.69 82.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESOSFAR, BARB 82.50 4,320.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESOTTING HOUSE MOVERS 4,320.00 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPALM, PATRICIA 127.88 247.38WATER UTILITY G&A GENERAL CUSTOMERSPARK VILLA APTS 247.38 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPAUL, MARY 154.69 61.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPELOWITZ, JULIE 61.88 140.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPELTIER, KAY 140.25 72.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPETERMEIER, JOSIE 72.19 25.00TRAININGTRAININGPETTY CASH 26.00SUPERVISORYTRAVEL/MEETINGS 13.83COMMUNICATIONS/GV REIMBURSEABL OPERATIONAL SUPPLIES 64.83 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPEYER, BETH 148.50 162.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPEYER, MARTIN 162.94 396.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPLOOF, PATRICIA 396.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 34 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 34Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 182.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPLOVNICK, ROSS 182.69 199.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPLUMERI, MARGARET 199.88 74.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPOLACH, BEN 74.00 178.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPOLACH, JANET 178.06 185.00SUPERVISORYSUBSCRIPTIONS/MEMBERSHIPSPOLICE EXECUTIVE RESEARCH FORU 185.00 97.63WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603 97.63SEWER UTILITY G&A POSTAGE 97.64SOLID WASTE COLLECTIONS POSTAGE 97.63STORM WATER UTILITY G&A POSTAGE 390.53 222.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESPOSZ, ALBERT 222.00 938.48WATER UTILITY G&A OTHER CONTRACTUAL SERVICESPROGRESSIVE CONSULTING ENGINEE 1,350.00WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 18,246.35PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 20,534.83 74.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESQUALHEIM, ERICA 74.00 1,125.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 1,125.00 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESQUATTLEBAUM, GINNY 156.75 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESQUILLING, SHIRLEY 156.75 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 35 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 35Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 129.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESQUINN, CLARA JANE 129.94 55.41NEIGHBORHOOD OUTREACH TELEPHONEQWEST 110.82COP SHOP TELEPHONE 1,400.07COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 18.18E-911 PROGRAM TELEPHONE 1,584.48 .25INSPECTIONS G & A DUE TO OTHER GOVTSR C ELECTRIC 48.75INSPECTIONS G & A ELECTRICAL 49.00 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRADKE, MOLLY 84.00 194.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRAINEY, WILLIAM 194.25 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRAMSPERGER, ANGELA 86.63 82.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRAWLS, KATIE 82.00 542.35NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESRAYMOND, MIKE 542.35 420.00ADMINISTRATION G & A GENERAL SUPPLIESRECORD TRACKER 420.00 119.34ENVIRONMENTAL G & A OFFICE SUPPLIESREED BUSINESS INFORMATION 119.34ENVIRONMENTAL G & A GENERAL SUPPLIES 215.28PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 453.96 55.00YOUTH PROGRAMS PROGRAM REVENUEREKUCKI, ANGELA 55.00 24.95ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSREMODELING 24.95 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 36 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 36Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRHEINHART, ETHEL 66.00 121.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRICE, MARTHA 121.69 134.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRICHARDS, DAVID 134.06 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRICHARDS, MARGIE 86.63 123.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRIDGEWAY, JOANN 123.75 406.90EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTRIGID HITCH INC 406.90 144.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRITCHIE, STEPHANIE 144.00 84.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRITTER, CAMILLE 84.56 94.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRITTER, DONALD 94.88 84.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROBERTS, MARTHA 84.56 136.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROBITZ, DORIS 136.13 82.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROCHON, NICK 82.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROEHL, KAREN 148.50 136.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROG, MARGARET 136.13 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 37 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 37Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROPPE, JOAN 88.69 70.73HOLIDAY PROGRAMS GENERAL SUPPLIESROSA, NATE 70.73 68.06ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROSE, FRED 68.06 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESROTERT, DAVID 88.69 151.44SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICERRT PROCESSING SOLUTIONS LLC 151.44 190.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRUHL, BARBARA 190.50 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRUNG, ELIZABETH 154.69 179.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRUTH, ROGER 179.44 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRYAN, JOHN 66.00 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESRYGH-WALLIN, CHARLIE 84.00 63.73ORGANIZED REC G & A GENERAL SUPPLIESSAM'S CLUB 304.43HOLIDAY PROGRAMS GENERAL SUPPLIES 484.64HALLOWEEN PARTY CONCESSION SUPPLIES 852.80 80.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSANTOSA, ANSEL 80.00 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSAVICK, ELAINE 152.63 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 38 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 38Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSAVOIE, JOHN 84.00 105.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSAXL, SUSI 105.19 128.38HUMAN RESOURCES RECOGNITIONSCHAAKE COMPANY, AJ 128.38 144.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHAUB, CAROL 144.38 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHEMEL, LYLA 86.63 80.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHLEGEL, KAYLAH 80.00 142.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHMIT, FRANCIS 142.31 261.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHOEN, LOUIS 261.19 103.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHROEDER, LINDSEY 103.13 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHUG, DIANA 148.50 214.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCHULTZ, MARY 214.50 316.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSCULLY, MARYJO 316.81 2,994.57PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH 308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 3,302.57 195.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSERRELL, JUDITH 195.38 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 39 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 39Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 1,091.63TREE MAINTENANCE CLEANING/WASTE REMOVAL SERVICESHADYWOOD TREE EXPERTS INC. 1,091.63 74.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSHAPIRO, JUDY 74.25 78.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSHELEY, CHINA 78.00 138.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSHELTON, RYAN 138.19 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSIEGEL, JOSHUA 152.63 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSIEGEL, LOIS 156.75 86.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSILVER, TASHA 86.00 160.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSIXEL, JULIANNE 160.88 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSKELTON, BONNIE 66.00 80.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSKOV, ANNA 80.00 183.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSLAGER, EUNICE 183.81 1,240.48EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,240.48 105.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSMITH, ALICE 105.19 179.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSMITH, ESTHER 179.44 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 40 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 40Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 84.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSOLMER, HENRY 84.56 350.76BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSSONGLE'S SERVICES 200.00BEAUTIFICATION / FLOWERS RENTAL EQUIPMENT 550.76 74.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSPELZ, SYDNEY 74.00 122.20-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSSPERIAN PROTECTION INSTRUMENTA 2,002.20OPERATIONSEQUIPMENT PARTS 1,880.00 2,172.47DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSSPRINT 2,172.47 1.25INSPECTIONS G & A DUE TO OTHER GOVTSSPRINTER ELECTRIC 83.75INSPECTIONS G & A ELECTRICAL 85.00 13.88BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSPS COMPANIES INC 13.88 2,789.70PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 69,434.72CE DESIGN IMPROVEMENTS OTHER THAN BUILDI 72,224.42 90.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESST LAWRENCE, ANNETTE 90.75 103.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPSST LOUIS PARK SUNRISE ROTARY 103.00 1,250.00PATROLTRAININGST PAUL, CITY OF 1,250.00 80.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTALLING, GERI 80.44 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 41 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 41Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 119.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTANCHFIELD, SHERM 119.63 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTANCILE, BEVERLY 127.88 6,289.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSTANDARD SIDEWALK INC 6,289.00 123.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTAPLETON, KRIS 123.75 238.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTEEGE, RICHARD 238.19 86.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTEEN, CASSANDRA 86.00 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTEFFENHAGEN, KAITLYN 84.00 567.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTEHLY, KATHERINE 567.00 1.30INSPECTIONS G & A DUE TO OTHER GOVTSSTEINKRAUS PLUMBING INC 85.50INSPECTIONS G & A PLUMBING 86.80 84.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTEVENSON, LEAH 84.56 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTIMSON, HELEN 88.69 15.00INSTRUCTIONAL SKATING LESSONS OPERATIONAL SUPPLIESSTITCHIN POST 15.00 87.86WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESSTRAND MFG CO 87.86 111.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTRAND, ROGER 111.38 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 42 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 42Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTRATMAN, SYDNEE 76.00 177.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTRUSS, MICHELLE 177.38 290.44ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTULBERG, JEAN 290.44 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSTURLAUGSON, MICHELLE 84.00 374.35GENERAL REPAIR EQUIPMENT PARTSSUBURBAN CHEVROLET 211.75ACCIDENT REPAIR EQUIPMENT PARTS 586.10 .81INSPECTIONS G & A DUE TO OTHER GOVTSSUBURBAN ELECTRIC INC 108.20INSPECTIONS G & A ELECTRICAL 109.01 121.93POLICE G & A OPERATIONAL SUPPLIESSUBWAY RESTAURANT 121.93 54.10-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSSUMMIT SUPPLY CORP OF COLORADO 886.37PARK BUILDING MAINTENANCE GENERAL SUPPLIES 832.27 185.92ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 75.08ENVIRONMENTAL G & A LEGAL NOTICES 261.00 136.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSUTLIFF, ELBERT 136.13 17,437.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTALBERG LAWN & LANDSCAPE INC 17,437.00 249.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTANGNEY, ALICE 249.75 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 43 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 43Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 140.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTANICK, PAUL 140.25 292.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTAPE, WILLIAM 292.88 45.70GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYTARGET BANK 45.70 82.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTENNISON, JO 82.50 721.68GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 721.68 88.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTHEISSEN, ANNE 88.00 74.25ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTHIE, AMY 74.25 132.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTHIESSEN, KATHERINE 132.00 92.81ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTHOENNES, IRENE 92.81 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTHOMPSON, KALI 84.00 750.00ESCROWSBROOKSIDE TRAFFIC STUDYTHOMPSON, ROSS 750.00 58.53HUMAN RESOURCES GENERAL SUPPLIESTHOMSON WEST 58.53 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTHORNE, RICHARD 152.63 90.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTHORNSJO, LUCILLE 90.75 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 44 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 44Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 487.00ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 487.00 1,245.72CE INSPECTION IMPROVEMENTS OTHER THAN BUILDITKDA 146.49WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 3,070.71SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 4,462.92 32.07BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESTMS JOHNSON INC 32.07 7,923.62TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICETOP NOTCH TREE CARE 7,923.62 1,000.00ESCROWSGENERALTORGERSON PROPERTIES 1,000.00 86.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTOUCHBERRY, MARLENE 86.63 55.00YOUTH PROGRAMS PROGRAM REVENUETOUSIGNANT, STACEY 55.00 408.53GENERAL REPAIR EQUIPMENT PARTSTOWMASTER 408.53 152.63ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTRAPP, PAULA 152.63 2,000.00TREE REPLACEMENT TREE REPLACEMENTTREE TRUST 2,000.00 2,117.50DESKTOP SUPPORT/SERVICES GENERAL PROFESSIONAL SERVICESTRESERA CONSULTING LLC 2,117.50 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTUBERMAN, MARCIA 66.00 211.60INSPECTIONS G & A BUILDINGTURCO CONSTRUCTION 211.60 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 45 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 45Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 132.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESTURSICH, ERNEST 132.00 50.48OPERATIONSOPERATIONAL SUPPLIESUNIFORMS UNLIMITED 50.48 244.50EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 244.50 795.00INSPECTIONS G & A TRAININGUNIVERSITY OF WISCONSIN 795.00 110.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 110.00 744.88ERUOPERATIONAL SUPPLIESUS EXPLOSIVE STORAGE INC 90.00ERUPOSTAGE 834.88 66.57POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC 66.57 16.53SEWER UTILITY G&A GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC 16.53 822,407.87CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIVALLEY PAVING INC 822,407.87 60.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESVERTIN, GERARDO 60.00 1,207.31INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESVICTORIA, CITY OF 1,207.31 99.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESVIRKUS, GUS 99.00 78.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESVONESCHEN, BRANDEE 78.38 66.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWALTERS, DAVE 66.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 46 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 46Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 55,452.24SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICEWASTE MANAGEMENT 23,096.40SOLID WASTE COLLECTIONS YARD WASTE SERVICE 32,526.76SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 19,545.68SOLID WASTE DISPOSAL YARD WASTE SERVICE 130,621.08 156.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWATSON, WILLIAM 156.75 77.80INSPECTIONS G & A BUILDINGWEATHERGUARD CONSTRUCTION 77.80 184.00WATER UTILITY G&A BUILDING MTCE SERVICEWEBER ELECTRIC 184.00 129.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWEINSTEIN, JOAN 129.94 150.56ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWEINSTEIN, SHELDON 150.56 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWEISNER, MADEE 84.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWELCH, RITA 148.50 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWELLS, BRIAN 84.00 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWESTLEY, JULIA 76.00 302.95BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICEWESTSIDE EQUIPMENT 302.95 84.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWHITE, DANIEL 84.00 105.19ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWHITE, JOHN 105.19 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 47 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 47Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 244.13ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWICKERSHAM, MARY 244.13 154.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWIEDMAN, MARY 154.69 76.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWIFAT, VAN 76.00 90.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWILENSKY, BARBARA 90.75 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWILENSKY, ROBERTA 88.69 76.56INSPECTIONS G & A BUILDINGWILLENBRING, ANDREA 76.56 78.38ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWILLHITE, SUZANN 78.38 217.31ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWILLIAMS, MICHAEL 217.31 63.94ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWISELY, SUSAN 63.94 88.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWOHLERS, RUTH 88.69 55.00YOUTH PROGRAMS PROGRAM REVENUEWOLF, HEIDI 55.00 64,320.00WOLFE LAKE OTHER CONTRACTUAL SERVICESWOLFE LAKE ASSOCIATION 64,320.00 148.50ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWORRELL, EDWIN 148.50 3,000.00ESCROWSPMC ESCROWWORTHEN & JAN NORTON, GRANT 3,000.00 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 48 11/25/2008CITY OF ST LOUIS PARK 14:42:51R55CKSUM LOG23000VO 48Page -Council Check Summary 11/26/2008 -11/15/2008 Vendor AmountBusiness Unit Object 227.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWUEBKER, DEBRA 227.75 127.88ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESWYMAN, MICHAEL 127.88 20.19OPERATIONSELECTRIC SERVICEXCEL ENERGY 14,856.09PUBLIC WORKS OPS G & A ELECTRIC SERVICE 3,314.90PARK MAINTENANCE G & A ELECTRIC SERVICE 26,853.75WATER UTILITY G&A ELECTRIC SERVICE 747.31OPERATIONSELECTRIC SERVICE 2,885.74SEWER UTILITY G&A ELECTRIC SERVICE 910.51OPERATIONSELECTRIC SERVICE 49,588.49 1,607.25WIRELESS G & A OTHER CONTRACTUAL SERVICESXO COMMUNICATIONS 1,607.25 78.00-EQUIPMENT REPLACEMENT B/S DUE TO OTHER GOVTSZIEBART OF MINNESOTA INC 1,278.00EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 1,200.00 1,202.57GENERAL REPAIR EQUIPMENT PARTSZIEGLER INC 1,202.57 90.75ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESZIKA, KATIE 90.75 112.58PUBLIC WORKS OPS G & A OFFICE SUPPLIESZIP PRINTING 112.59PARK MAINTENANCE G & A OFFICE SUPPLIES 112.58VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 337.75 Report Totals 2,002,549.19 Meeting of December 1, 2008 (Item No. 4n) Subject: Vendor Claims Page 49 Meeting Date: December 1, 2008 Agenda Item #: 6a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy. RECOMMENDED ACTION: Mayor to close the public hearing. There is no action required at this meeting. The meeting is intended to provide information to the public about the budget and property tax levy as well as to receive comments and input from the public. Staff will give a presentation of the overall 2009 General Fund Budget and Property Tax Levy and provide other general information related to property taxes. POLICY CONSIDERATION: The City is required to annually hold a Truth-in-Taxation public hearing to solicit public input on the budget and property tax levy for the next fiscal year. The City Council must wait at least one business day following the public hearing before adopting the budget and tax levy. BACKGROUND: City Council approved the preliminary 2009 budget, property tax levy and HRA levy at its September 2, 2008 meeting. At that meeting, the City proposed to increase the property tax levy by 6.27% and levy the maximum percentage amount authorized (.0185 % of taxable market value) for HRA purposes. City Council has reviewed and discussed both the 2009 Proposed Budget and the 2009 – 2013 Capital Improvement Program (CIP). The general property tax levy is now recommended to be 5.8% based on discussion with the Council, City Manager and department directors. Formal adoption of the 2009 budget, property tax levy, CIP and HRA levy is scheduled for December 15, 2008. FINANCIAL OR BUDGET CONSIDERATION: The City of St. Louis Park’s property tax levy helps support the operations of the General Fund, Parks and Recreation Fund, Park Improvement Fund and the Pavement Management Fund, and covers the debt service on General Obligation bonds. The progression of the proposed property tax levy allocation is shown in the chart below: Meeting of December 1, 2008 (Item No. 6a) Page 2 Subject: Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy 2008 2009 2009 Percentage TAX LEVIES Final Levy Preliminary Levy Levy After Discussion Increase Over 2008 General Fund/Park & Recreation $17,857,376 $19,140,419 $19,043,393 Park Improvement 1,010,000 1,010,000 1,010,000 Pavement Management 415,000 415,000 415,000 Debt Service 1,337,300 1,347,000 1,347,000 TOTAL TAX LEVIES $20,619,676 $21,912,419 $21,815,393 5.8% The changes made during the last several months were budget adjustments based on modified assumptions for both revenues and expenditures. Revenues were reduced to recognize a slowdown in construction activity that will most likely reduce building permit revenues the City will receive. Additional expenditure reductions that total about $500,000 were also made from the initial budget that was presented to the Council. These items are shown on the Budget Modifications attachment. The effect of this proposed budget and tax levy is a property tax increase of 4.2% for the average residential property in the city. This assumes a value from $250,000-$450,000 with a market value increase of 0% from 2007 to 2008. This costs just over $3 per month for the median value home. There have been a significant number of calls to the Finance and Assessing staff this year regarding the Truth-in-Taxation notices. The concerns are primarily that people have noticed an increase in taxable market value on their homes. These concerns may generate more interest in the public hearing than in previous years. There are still a few – about 3% – of our residential properties that are experiencing the effects of the limited market value phase-out. In 1999, when home prices were increasing at double digit rates for several years, the legislature decided to limit the increase in taxable market value to 15% per year as a method of property tax relief. These parcels were paying lower taxes than they would have during this time. Now that value increases are much lower (in fact dropping in some cases) these properties are still seeing an increase in taxable value to catch up to their market value. Because the TNT notices only show taxable value without the actual market value, it has led to significant confusion. The property owners who have a limited market value have not been paying taxes on the full fair market value. This year they are still seeing an up to 15% catch-up on their taxable value which confuses them because of the well publicized cooling of the housing market. Meeting of December 1, 2008 (Item No. 6a) Page 3 Subject: Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy The other reason for increasing market value is the lag between setting values for tax purposes and actually having the value show up on the tax statement. The values used for 2009 taxes were set as of January 2, 2008 by our City Assessor based on sales transactions from November, 2006 through October, 2007. Staff will be using a PowerPoint presentation to illustrate the budget process, discussion results, and net effect on property owners at the public hearing. OTHER: Resident Letter: In an effort to share resident communication, we have attached a copy of the only resident letter received by the Finance Department dated November 19, 2008 from Ms. Metzer regarding the proposed increase to St. Louis Park property taxes. Attached to the letter is the calculation showing 2008 tax and 2009 tax proposed for this specific property. VISION CONSIDERATION: Vision considerations have been made with budget allocations primarily coming from the Development Fund. Attachments: Summary of Revenues and Expenditures Homestead Property Tax November 19, 2008 Resident Letter with Attachment Prepared by: Bruce DeJong, Finance Director Approved by: Nancy Gohman, Deputy City Manager/HR Director City of St. Louis Park General Fund and Park & Rec December 1, 2008 2004 2007 2008 2009 Actual Actual Adopted as of 10/29/08 % change AVAILABLE RESOURCES General Fund Revenues: General Property Taxes 14,327,844$ 12,332,531$ 14,107,179$ 14,967,775$ 6.1% Licenses and Permits 2,569,869 2,940,137 2,712,715 2,515,000 -7.3% Intergovernmental 1,713,489 2,283,249 1,709,365 1,647,214 -3.6% Charges for Services 2,850,801 1,044,320 1,084,975 1,201,900 10.8% Fines, Forfeits, and Penalties 251,256 277,005 311,000 312,000 0.3% Investment Earnings 108,006 526,346 325,000 350,000 7.7% Miscellaneous Revenue 786,891 145,282 102,000 102,000 0.0% Transfers In 2,554,666 2,659,532 2,555,694 2,628,910 2.9% Use of Fund Balance 165,980 Total General Fund Revenues 25,162,822$ 22,208,402$ 22,907,928$ 23,890,779$ 4.3% Appropriations 24,021,606$ 21,254,682$ 22,907,928$ 23,890,779$ 4.3% Net Revenue Over (Under) Appropriations 1,141,216 953,720$ -$ -$ Park & Recreation Revenues: General Property Taxes 14,327,844$ 3,541,220$ 3,750,197$ 4,075,618$ 8.7% Licenses and Permits 2,569,869 6,300 - - 0.0% Intergovernmental 1,713,489 55,841 56,402 55,702 -1.2% Charges for Services 2,850,801 1,304,166 1,058,170 1,141,598 7.9% Fines, Forfeits, and Penalties 251,256 - - - 0.0% Investment Earnings 108,006 - 1,600 - -100.0% Miscellaneous Revenue 786,891 1,105,099 834,161 895,000 7.3% Transfers In 2,554,666 198,791 75,000 - -100.0% Total Park & Recreation Revenues 25,162,822$ 6,211,417$ 5,775,530$ 6,167,918$ 6.8% Appropriations -$ 5,774,973$ 5,775,530$ 6,167,918$ 6.8% Net Revenue Over (Under) Appropriations 25,162,822$ 436,444$ -$ 0$ Total Budget Gap 0$ Summary of Actual & Budgeted Revenues Meeting of December 1, 2008 (Item No. 6a) Subject:Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy Page 4 Property Value Estimated City Tax Dollar Percent 2008 2009 2008 2009 Incr Incr 100,000 95,000 251.91 246.79 -5.12 -1.5% 150,000 145,500 440.95 445.05 4.10 0.8% 200,000 196,000 629.99 643.31 13.31 1.9% 250,000 250,000 819.04 855.31 36.27 4.2% 300,000 300,000 1,008.08 1,051.60 43.53 4.2% 350,000 350,000 1,197.12 1,247.90 50.78 4.2% 400,000 400,000 1,386.16 1,444.19 58.03 4.2% 450,000 450,000 1,564.15 1,629.44 65.29 4.2% 500,000 525,000 1,737.95 1,923.65 185.70 10.7% 600,000 630,000 2,172.44 2,398.90 226.46 10.4% 700,000 735,000 2,606.92 2,874.15 267.23 10.3% 800,000 840,000 3,041.41 3,349.41 308.00 10.1% 900,000 945,000 3,475.90 3,824.66 348.76 10.0% Assumptions: Does not include Limited Market Value impact. 2008 tax capacity rate based on published Hennepin County information. 2009 tax capacity rate based on staff estimates. Tax capacity rates increase from 1% to 1.25% for values over $500,000. HOMESTEAD TAXES -- City of St. Louis Park Portion at 5.8% Levy Incr Assume Stratified Market Value Changes December 1, 2008 Meeting of December 1, 2008 (Item No. 6a) Subject:Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy Page 5 Meeting of December 1, 2008 (Item No. 6a) Subject:Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy Page 6 Meeting of December 1, 2008 (Item No. 6a) Subject:Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy Page 7 Meeting Date: December 1, 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: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD). RECOMMENDED ACTIONS: Planning Commission and staff recommend: • Approval of the first reading of an ordinance amending the Official Zoning Map to change the zoning of 3409, 3413 and 3417 Glenhurst Avenue South and 3408 and 3412 France Avenue South from R4 Multiple Family Residence District to MX Mixed Use District • Approval of a resolution approving a Preliminary Plat with Variances from the Subdivision Ordinance for ELLIPSE ON EXCELSIOR with conditions • Approval of a resolution approving a Preliminary Planned Unit Development for Ellipse on Excelsior with conditions DEVELOPMENT PROPOSAL: The applicant proposes a five-story mixed use building with 132 residential apartments and 16,394 square feet of commercial on the ground floor, with underground and surface parking. REQUEST: Bader Development applications include rezoning five lots from R4 – Multiple Family Residence District to MX - Mixed Use, Preliminary Plat and Preliminary Planned Unit Development (PUD). LOCATION: Site Area: 2.28 acres Current Zoning Districts: MX – Mixed Use, R4 – Multiple-Family Residence Proposed Zoning District: MX – Mixed Use Comprehensive Plan Designation: Commercial Mixed Use Current Use: bar, dry cleaner Adjacent Land Uses: North: single-family houses East: France Av, golf course South: Excelsior Blvd, gas/service station West: Glenhurst Av, park, motel Meeting of December 1, 2008 (Item No. 8a) Page 2 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) POLICY CONSIDERATION: • Is Mixed Use zoning consistent with the Comprehensive Plan? • Does the Preliminary Plat with Variances meet the intent of the subdivision ordinance? • Does the Preliminary Planned Unit Development meet City redevelopment goals and design objectives? BACKGROUND: The applicant proposes to redevelop the Al’s Bar and Anderson Cleaners sites on the northwest corner of Excelsior Boulevard and France Avenue with a mixed use building. The City Council approved a Comprehensive Plan map amendment for a portion of the site on September 15, 2008. In 2005, the City and neighborhood representatives worked together to a process to prepare development guidelines for the site. The guidelines provide direction for evaluating development proposals, but are not requirements for development approvals. The guidelines depict preferred conditions and represent the best-case conditions for new development. As such, the guidelines are the foundation of dialogue with development interests and influence development. The applicant designed the proposed project with the development guidelines in mind. REZONING: The City Council approved a Comprehensive Plan map change to guide the land use as Commercial Mixed Use. The proposed zoning change from Medium Density Residential to Mixed Use district is consistent with the Comprehensive Plan. All development proposed in the MX District requires Planned Unit Development (PUD) approval. The Minikahda Oaks Plan by Neighborhood section of the Comprehensive Plan addresses the northwest corner of France Avenue and Excelsior Boulevard by stating, “redevelopment of the commercial corner as mixed use including small scale retail and office use, with primarily residential uses on the north side. The transition from a commercial front to the single-family area shall be mindful of scale, density, quality, aesthetics, and vehicle access. New development shall follow urban design goals set in Chapter R [Livable Communities] of the City’s Comprehensive Plan.” The proposed development is a mixed-use building that promotes efficient use of the land and roadway system. The Developer has been working with City staff and the surrounding neighborhoods for several months to identify, understand, and address issues of concern and improve the site design. Considerable attention and effort has been given to appropriately buffer the use from the adjacent single-family residential properties. The plan places the majority of the parking underground, in order to reduce the amount of land devoted to surface parking. The plan provides a significant amount of designed outdoor recreation area, including a prominent, accessible and spacious plaza. The development exhibits high quality architectural design, innovative site design, and uses high quality materials. All these factors support the goals and purposes of the MX Mixed Use Zoning District. Meeting of December 1, 2008 (Item No. 8a) Page 3 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) PRELIMINARY PLAT WITH VARIANCES ANALYSIS: The preliminary plat combines nine lots into one lot of 2.23 acres and dedicates right-of-way to Excelsior Boulevard. Right-of-Way Dedication The area dedicated to Excelsior Boulevard replaces an existing road easement, and provides 50 feet from the centerline of Excelsior Boulevard (County Highway 3). Hennepin County reviewed the proposal and did not have any comments. Utility Easements The plan provides drainage and utility easements as required by City Code adjacent to Glenhurst Avenue and north property line. The plan also provides a 29-foot wide drainage and utility easement along the south side of the property, to accommodate the proposed relocation of City sanitary and storm sewer mains. Subdivision Variance Application The applicant is requesting variances from requirement to provide 10-foot wide utility easements along Excelsior Boulevard and France Avenue, and 5-foot wide drainage and utility easement along Meeting of December 1, 2008 (Item No. 8a) Page 4 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) the west property line adjacent to Bass Lake Park. Variances of this type are commonly needed in higher density, mixed use developments. The Developer argues in the application the variances are justified for the following reasons: • This is an existing urban site that was developed decades ago. Utility connections to Excelsior Boulevard have been established on the site and, though rerouted within the site, would remain connected within the existing road right-of-way. The addition of ten feet drainage and utility easement would be unnecessary and redundant. • The Ellipse is a compact, urban subdivision and does not have a prototypical front yard setback that generally requires an easement abutting the primary street. This site is on the City’s preeminent commercial corridor which reflects an urban development pattern that calls for the building to be built up to the street. • The building placement is consistent with the development guidelines endorsed by the neighborhood (France Avenue and Excelsior Boulevard Development Guidelines), and respects the commercial corridor development desired along the Excelsior Boulevard. In order to reinforce the commercial corridor the building needs to be within 10 feet of Excelsior Boulevard to continue the pattern of providing adequate street width, paving patterns, and boulevard plantings that are in keeping with recent developments. • A 10-foot variance along France Avenue allows the project to maximize the footprint for underground parking in support of a mixed-use project. The primary parking will occur under the site footprint which allows the elimination of surface parking between the sidewalk and building and provide a gateway plaza on the site. Ideally, ten feet wide drainage and utility easements would be provided along Excelsior Boulevard, in order to provide space for potential future utility services in a constrained urban highway. However, staff supports the variances based on the following findings: 1. The building is located near the street right-of-way to provide immediate pedestrian access from the sidewalk to building entrances. 2. Granting a variance from 10 feet to zero feet will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way accommodates existing and relocated utilities. Hennepin County has jurisdiction over this roadway and did not comment on the issue of perimeter easements. 3. Providing the easements will negatively impact the provision of underground parking spaces on the site that are crucial to the success of the project. 4. Granting the variances will not be detrimental to the public health, safety or welfare of the community. 5. Granting the variances is not contrary to the intent of the Comprehensive Plan. Meeting of December 1, 2008 (Item No. 8a) Page 5 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) ZONING ANALYSIS: The following analysis shows conformance with the MX Mixed Use district standards. The proposal meets most requirements of the Zoning Ordinance. Some exceptions may be approved as outlined in the Mixed Use Zoning District (MX) with a Planned Unit Development (PUD). Zoning Compliance Table Factor Required Proposed Met? Use Mixed-use/Residential Mixed-use/Residential Yes Lot Area 2.0 acres 2.23 acres Yes Density 50 units per acre, or 75 units per acre (with conditions) 59.2 units per acre (conditions are met) Yes Height 30 ft. max., within 60 ft. of R2; 60 ft. max., within 120 feet of R2; No limit on remainder of site Building is 60 ft. tall; the underground garage is the only portion of the building within 60 feet of the R2 District Yes Off-Street Parking Required (less 10% transit reduction) 253 stalls Provided 276 stalls Yes Setbacks – Front/Rear See setback analysis below. Yes Setbacks – Side/Side See setback analysis below. Yes Commercial Use of Ground Floor Area Majority – More than 16,353.5 sq. ft. (50%) 16,383 (50.1%) Yes Ground Floor Area Ratio N/A 0.34 Yes D.O.R.A. 11,685 sq. ft. (12%) 28,564 sq. ft. (29.3%) Yes Tree Replacement 148.8 caliper inches Approx. 155 caliper inches Yes 149 trees 57 trees 168 shrubs 574 shrubs Landscaping Alternative landscaping The plan provides a corner plaza with seating, decorative sidewalk treatments, and public art opportunities Yes Transit service None required Frequently operating bus service (Routes 12, 114) Yes Stormwater Required city and watershed standards Stormwater management is provided underground Yes Meeting of December 1, 2008 (Item No. 8a) Page 6 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Density Mixed Use District allows the proposed 59.2 units per acre density with a PUD. This is because the development provides housing above commercial uses and the residential gross floor area is more than twice the commercial area; the building is situated at or near the street right-of-way, and surface parking is screened from the Excelsior Boulevard and France Avenue right-of-ways. Architectural Design Description The proposed building is five stories (60 feet) tall. It has a concave design adjacent to a corner plaza. Commercial uses are proposed on the east half of the building fronting the plaza. Commercial spaces will have two entrances, including an entry on the back of the building adjacent to parking, which compels a quality presentation on both sides of the building. On the Excelsior Boulevard elevation, the second through fifth floors are set back from the first floor elevation to improve the pedestrian-scale of the building. Since the Planning Commission public hearing, the northeast portion of the building moved farther from the neighboring single family residential neighborhood, and the second through fifth floors have been stepped back from the first floor. The building and site design are clearly influenced by and reflect the France Avenue and Excelsior Boulevard Design Guidelines. The design takes advantage of the location as a gateway feature into the City, neighborhood and project. The building frames the street and a generous corner plaza, providing a distinct, memorable and attractive character. The corner plaza is a prominent open and pedestrian-oriented space. The guidelines suggest new development should be in the range of three to four stories, with a maximum height of 46 feet. The guidelines state, “Some limited opportunities to build to five stories with a maximum roofline height of 59 feet are possible for portion of the buildings, if there are corresponding 3-story portions and it is determined through the PUD process that the overall design is preferable. Uniform 5 story heights at any location on the site are not desired.” The developer made adjustments to the site and building design to mitigate the impacts of the height, including fencing, landscaping, increasing setbacks, reducing the number of units on the north side of the building, vegetative and architectural treatments at the top of the wall, and stepping back the upper floors on part of the building. Materials Building materials include stone, brick, and glass on the ground level surrounding the building; and glass and hardiboard (stucco panel veneer) on the upper floors. Balconies will be metal. The building provides 64 percent Class 1 materials, and 36 percent Class II materials. The MX District requires at least 80 percent Class I materials on each face of the building visible from public areas within the development or from off-site. The Class I materials requirement may be reduced to 60 percent at the sole discretion of the City Council if a balance of architectural interest and visual compatibility is provided through approval of the following: Meeting of December 1, 2008 (Item No. 8a) Page 7 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) • A variety of compatible materials and colors; • Height and building wall deviations; • Architectural features; • Canopies over sidewalks; and • Pedestrian-scale details. The design meets several of the criteria above. Planning Commission and staff recommend approval of the reduction in Class I materials. The City has not granted a reduction on any other MX district developments in St. Louis Park. Height The MX district limits building heights adjacent to R1, R2, and R3 zoning districts. The north side of the site abuts an R2 district. The building is 60 feet tall, and it is setback at least 60 feet from the R2 district. The north part of the building closest to the single family houses actually ranges from 51 feet to 56.14 feet above grade. Since the Planning Commission meeting, the plan was revised to move a portion of the building farther from the R2 district. The building now ranges from 60 feet to 77.29 feet away on the ground level, and 60 feet to 82.27 feet away on the upper floors (excluding decks). The building meets the MX district height limitations. Parking The proposed development qualifies for several parking reductions in the zoning code because it is adjacent to frequently operating bus service, and it includes a mixed of uses that provide opportunities for shared parking efficiencies. The plan provides 278 parking stalls, just three fewer spaces than would be required without any parking reductions. The MX district allows the City Council to reduce required parking by up to 30 percent. In this instance, only a 1.1 percent reduction is requested. Required Parking Proposed Parking 176 bedrooms 176 spaces Underground spaces (Restricted to residents) 177 spaces Restaurant (3,000 sq. ft.) 50 spaces Commercial (13,383 sq. ft.) 55 spaces Surface parking (Available to guests and commercial uses) 96 spaces Minimum required without reductions 281 spaces Total provided 273 spaces 10% transit reduction (28 spaces ) 1.1% reduction request (3 spaces) Off-Street Parking Requirement Minimum required with reduction 253 spaces Total provided 278 spaces Meeting of December 1, 2008 (Item No. 8a) Page 8 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) As shown in the table above, 177 parking stalls are provided below-grade for the exclusive use of the apartment residents. The remaining 96 spaces in the surface parking lot are available for guests, and customers and employees of the commercial uses. In the Final PUD submission, the accessible parking stall locations must be amended to comply with ADA requirements. The plan provides 160 bicycle parking spaces in a mix of secure indoor, covered, and uncovered outdoor racks. The plan meets City Code requirements. Setbacks In the MX District, building setbacks are regulated by the redevelopment plan or final PUD site plan and development agreement approved by the City Council. In a PUD, buildings may be set up to the property line. Street Frontages The France Avenue and Excelsior Boulevard Design Guidelines encourage a “build-to line” that is close to Excelsior Boulevard. The guidelines suggest a 10-foot wide sidewalk and 10-foot building setback from the sidewalk be provided. The development plan provides a 6-foot landscaped boulevard, 7-foot wide sidewalk, and 5-foot setback from the sidewalk, measured to the building wall. This results in the building being 18 feet from the curb (versus 20 feet suggested in the guidelines). There are first floor apartments with front decks and staircases that encroach into the 5-foot setback from the sidewalk, resulting in 13 feet from the curb to the staircases. An illustration of the area between the building and Excelsior Boulevard are included in the exhibits (see Street Frontage). In order to build as proposed, the applicant is requesting variances from the subdivision requirement for drainage and utility easements along France Avenue and Excelsior Boulevard. In addition, there is a request to vacate an existing two feet wide street, utility and drainage and pathway easement along Excelsior Boulevard (which the City Council will consider on December 15). Effectively, this will narrow the existing boulevard right-of-way from 15 feet to 13 feet (the existing boulevard includes a 9-foot wide landscape strip and six feet wide sidewalk). Setback from R2 District The side of the building adjacent to the single family houses is set back 60 feet on the west side and 77 feet on the east side. Other Setbacks On the west side of the property adjacent to the Minikahda Court Apartments site, a portion of the building is 5 feet 8 inches from the property line. In this same area, there are decks that are 1.7 feet from the property line. Meeting of December 1, 2008 (Item No. 8a) Page 9 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) The building would be 30 feet from the south property line. The proposed setbacks are acceptable with a PUD in the MX District. Designed Outdoor Recreation Area (DORA) The plan provides 29.3% of the land area for DORA. The DORA includes the corner plaza, rooftop sundeck, patio overlooking the park, and sidewalk connections within the site. Both the plaza and patio provide outdoor seating, special surface treatments and landscaping. This exceeds the DORA requirement of 12%. Landscaping The landscaping plan provides 57 of the 149 trees required on the site. It provides 574 shrubs, which is significantly more than the 168 shrubs required. Also, there are several areas that include perennial plantings. The project appropriately uses alternative landscaping provisions to make up for the shortfall in tree plantings. The development incorporates seating and special surface treatments into the corner plaza design. Public art is anticipated to be included in the plaza, too. A rooftop garden and sundeck will be available to apartment residents. Staff finds the plan meets City Code requirements. The Developer and the City are organizing a public artist/art selection process, similar to the process the City has used in other projects. This process may influence the landscape design and integration of public art in the corner plaza. Waste Storage The trash is proposed to be managed inside the building. Trash rooms for the apartments will be located in the underground garage. A trash room for the commercial uses will be at ground level on the north side of the building. Hours of waste pick-up are limited by the City’s licensing rules. Utilities To construct the building as proposed, public sanitary and storm sewer mains must be relocated. There are also existing easements that must be vacated by the city for the project to move forward. The Developer has submitted vacation applications, which will be reviewed by City Council on December 15, 2008. The proposed utility plan requires acquisition of an easement from a neighboring property owner. The easement has not yet been acquired, so approval for the proposed plan must be subject to this significant condition of approval. Stormwater from the site will be stored underground and provide infiltration of the first ½-inch of rainfall. The proposed system meets the City’s rate control requirements. The plan requires review and approval by the Minnehaha Creek Watershed District (MCWD). Meeting of December 1, 2008 (Item No. 8a) Page 10 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Traffic SRF Consulting Group, Inc. provided a traffic study for the project proposal. The study concludes that the existing adjacent road system and intersection will safely accommodate the proposed development. The applicant proposes to construct a landscaped median in France Avenue to help give drivers a visual cue that they are entering into a neighborhood and slow traffic. This improvement is intended to reduce the number of vehicles entering the Minikahda Oaks neighborhood incorrectly assuming there is an outlet. The landscaped median will be built and maintained by the developer. Shadow Study The applicant provided a revised shadow study in response to questions raised by neighbors, Planning Commission and staff. The applicant’s architect certified the study, which concludes that the development meets the City’s requirements. Export of Soils The project entails export of 33,500 cubic yards of material. The hours of operation will be from 7:00 a.m. to 3:30 p.m. Monday through Friday, and from 9:00 a.m. to 3:30 p.m. on Saturdays. The haul route from the site will be onto Excelsior Boulevard to Highway 100. The applicant estimates the soil export will take approximately 20 working days. PLANNED UNIT DEVELOPMENT (PUD) OBJECTIVES: A mixed use building is required by Planned Unit Development (PUD) in the Mixed Use Zoning District. The Zoning Code requires that applicants for a Planned Unit Development demonstrate how the proposal will “enhance, support, and further the following objectives”: 1. Provide for integrated pedestrian facilities to and within the project: The building siting, orientation, façade entrances, sidewalks and plaza provide integrated pedestrian facilities to and within the project. There are sidewalks provided along France Avenue and Excelsior Boulevard. The plaza provides direct and attractive pedestrian access to the storefronts. Ground floor apartments fronting Excelsior Boulevard have direct pedestrian direct access. The parking lot includes a raised (“tabletop”) pedestrian crossing connecting the apartment entrance to the residential patio space to slow traffic and improve safety. 2. Enhance linkages to mass transit facilities: The site is served by Metro Transit routes 12 and 114. Route 12 is considered a “frequently operating transit line” under the Zoning Code. The development will provide an attractive destination. The plaza provides direct walking connections to store entrances and improves the aesthetics of the existing bus stop. No shelters or bus turnouts are requested or proposed. Meeting of December 1, 2008 (Item No. 8a) Page 11 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) 3. Incorporate implementation of travel demand management strategies as part of the PUD. The purpose of a travel demand management strategy is to spread the number of automobile trips throughout the day, reducing the negative impacts that occur during peak travel times. The mixed-use building satisfies the travel demand strategies requirement. 4. Provide public plazas and designed outdoor recreation area which exceeds minimum chapter requirements: The plan indicates that 29.3% of the lot area is Designed Outdoor Recreation Area (DORA). The minimum requirement is 12% of the lot area. 5. Provide a high degree of aesthetics through overall design and display of public art: The development includes a site plan that provides enhanced gathering spaces, streetscape elements, upscale apartments, attractive retail facades, interesting architectural features, and will incorporate public art in the plaza. PUD MODIFICATIONS: The Developer requests the following PUD modifications: • Increased residential density from 50 units per acre to 59.2 units per acre. • Reduced Class I exterior building materials percentage from 80 percent to 64 percent. PUBLIC PROCESS: The Developer met with neighborhood leaders on five occasions, and held two neighborhood meetings to which all the Minikahda Oaks and Minikahda Vista residents were invited. Attendance at the October 1, 2008 neighborhood meeting was held at City Hall and approximately 50 people attended. Attendance at the October 29, 2008 neighborhood meeting was considerably lighter with approximately 15 people. The major concerns expressed at neighborhood meetings and previous public hearing include: 1) traffic into the Minikahda Oaks neighborhood, 2) vehicle access to the site, 3) noise, 4) adequate parking to serve the development and avoid parking in the neighborhood, 5) having a transition from commercial to residential (i.e. density, buffer, building height), and 6) high quality development and aesthetics. Of all the factors described above, the single biggest issue discussed at the public hearing was the building height, including concerns about the shadow cast by a tall building. Neighbors contended the building height does not demonstrate an appropriate transition between uses. The plan has been revised to move the building, parking lot, waste enclosures, and driveway entrances as far from neighboring single-family residential as possible; and provide more significant fencing, berms, and landscaping on the north side of the property to screen the development. Planning Commission held a public hearing regarding the Comprehensive Plan amendment on September 3, 2008. The City Council approved the amendment on September 15, 2008. Meeting of December 1, 2008 (Item No. 8a) Page 12 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Planning Commission held public hearings on the rezoning, preliminary plat with variances, and preliminary PUD on November 5, 2008. Planning Commission recommended approval of the applications. FINANCIAL OR BUDGET CONSIDERATION: The requested zoning approvals do not impact City finances or budget. VISION CONSIDERATION: This project and site design address three parts of the strategic direction, including increasing use of new gathering spaces, providing a well-maintained and diverse housing stock, and promoting and integrating arts and community aesthetics in all City initiatives and implementation where appropriate. In addition, this project reflects recommendations of Vision Action Teams: Housing: Urban villages throughout the city have resulted in cities within the city that provide walkable destinations for residents. • Redevelopment has occurred in all parts of the City • Grocery stores and coffee shops in residential neighborhoods • Gathering places within walking distance of all neighborhoods • Zone to allow mixed-use in residential neighborhoods Transportation: St. Louis Park should have a development pattern and transportation facilities that support transit, pedestrian and bicycle travel (on- and off-road); and, encourages goods and services and employment opportunities to be close to residents. Gathering Spaces: Successful gathering spaces should be open, sunny, pedestrian-friendly, inviting, comfortable and accessible. Gathering spaces should have ample seating, food and/or music and public art. Attachments: • Summary Ordinance (1st reading) • Resolution approving Preliminary Plat with Variances with conditions • Resolution approving Preliminary Planned Unit Development with conditions • Illustrations o Gateway o Excelsior Boulevard o Street Frontage o Park Side o France Avenue Median o Buffer Plan & Section Meeting of December 1, 2008 (Item No. 8a) Page 13 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) o Residential Buffer • Shadow Study o Shadow Study Summary • Architectural Plans o First Floor Plan o Second through Fifth Floor Plan o Parking Garage Plan o Site Plan with Landscaping Plan o DORA Plan o Building Elevations • Civil Engineering Plans o Preliminary Plat o Preliminary Grading Plan o Preliminary Utility Plan Prepared by: Sean Walther, Senior Planner Reviewed by: Kevin Locke, Community Development Director Meg McMonigal, Planning and Zoning Supervisor Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of December 1, 2008 (Item No. 8a) Page 14 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) ORDINANCE NO. ____-08 ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 3408 and 3412 France Avenue 3409, 3413, and 3417 Glenhurst Avenue THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-34-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Lots 3, 4 and 11, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”. (Registered property: Certificate of Title No. 666066) Lots 9 and 10, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”. from R4 – Multiple Family Residence District to MX – Mixed Use District. Section 3. The contents of Planning Case File 08-34-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of December 1, 2008 (Item No. 8a) Page 15 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) RESOLUTION NO. 08-____ RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF ELLIPSE ON EXCELSIOR WITH VARIANCES FROM SUBDIVISION ORDINANCE FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS BE IT RESOLVED by the City Council of St.. Louis Park: Findings 1. David Payne, James Rossman, and Bader Development, owners and subdividers of the land proposed to be platted as Ellipse on Excelsior have submitted an application for approval of preliminary plat of said subdivision with variances from the subdivision ordinance for perimeter drainage and utility easements (Section 26-154a) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Parcel 1: Lots 3, 4 and 11, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”. (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota” which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of “Minikahda Oaks, Hennepin County, Meeting of December 1, 2008 (Item No. 8a) Page 16 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Minnesota”; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota” which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”. (abstract property) 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to relocation of public sanitary and storm sewer mains and urban design objectives for the site. The building is located near the street right-of-way to provide immediate pedestrian access from the sidewalk to building entrances. Providing the easements will negatively impact the provision of underground parking spaces on the site that are crucial to the success of the project. 5. The granting of the variances will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. Granting a variance from 10 feet to zero feet will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way accommodates existing and relocated utilities. The granting of the variances will enable a pedestrian-oriented building design. 6. The variance is to correct inequities resulting from an extreme physical hardship. The development requires relocation of public sanitary and storm sewer mains and soil correction. 7. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater management, underground parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without a variance. Meeting of December 1, 2008 (Item No. 8a) Page 17 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Conclusion 1. The proposed preliminary plat of Ellipse on Excelsior is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Variances are approved from the subdivision ordinance for perimeter drainage and utility easements from 10 feet along Excelsior Boulevard and France Avenue and five feet along the western side of the site required by City Code Section 26- 154a to zero feet; provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. City Council approves requests to vacate several existing easements on the property; c. Public drainage and utility easements are acquired from the adjacent property owner for the proposed utility plan, and the utility plan is approved by the City Engineer. d. Park and trail dedication fees shall be paid prior to the City signing the Final Plat. e. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Meeting of December 1, 2008 (Item No. 8a) Page 18 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk Meeting of December 1, 2008 (Item No. 8a) Page 19 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) RESOLUTION NO.08-____ RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX-MIXED USE AND R-4 MULTIPLE FAMILY RESIDENTIAL LOCATED AT 3900, 3912, 3920 EXCELSIOR BOULEVARD 3409, 3413, 3417 GLENHURST AVENUE SOUTH 3408, 3412, 3416 FRANCE AVENUE SOUTH ELLIPSE ON EXCELSIOR WHEREAS, a complete application for approval of a Planned Unit Development (PUD) was received on October 15, 2008 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of November 5, 2008, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on October 23, 2008, and WHEREAS, the Planning Commission held the public hearing at the meeting of November 5, 2008, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 5-1-1 vote, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Meeting of December 1, 2008 (Item No. 8a) Page 20 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Findings 1. Bader Development has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the MX – Mixed Use and R-4 Multiple Family Residential districts located at 3900, 3912, 3920 Excelsior Boulevard; 3409, 3413, 3417 Glenhurst Avenue South; and 3408, 3412, 3416 France Avenue South for the legal description as follows, to-wit: Parcel 1: Lots 3, 4 and 11, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”. (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota” which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota”; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota” which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Meeting of December 1, 2008 (Item No. 8a) Page 21 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Parcel 3: Lot 6, Block 5, in “Minikahda Oaks, Hennepin County, Minnesota”. (abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-36-PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5). The specific modifications include: a. Increased residential density from 50 units per acre to 59.2 units per acre. b. Reduced Class I exterior building materials percentage from 80 percent to 64 percent. 4. The contents of Planning Case File 08-36-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. City Council adoption of the proposed zoning map amendment from R4 Multiple Family Residence District to MX Mixed Use District. 2. City Council approval of the preliminary and final plat. 3. City Council approval of several easement vacations noted on the preliminary plat. 2. The site shall be developed, used and maintained in conformance with the Preliminary PUD official exhibits. 3. The maximum building height shall be 60 feet. 4. The plan shall meet the MX District setbacks from the adjacent R2 zoning district. Meeting of December 1, 2008 (Item No. 8a) Page 22 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) 5. The majority of the ground floor shall be commercial uses, and no more than 3,000 square feet shall be used for restaurant. 6. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD: a. A maximum of 132 residential units. b. A minimum of 278 parking spaces. 7. Conditions for the approval of the Planned Unit Development, to be included in the Development Agreement between the City and the Developer, are as follows: a. Developer agrees to install and maintain, at Developer’s expense, on-street loading and streetscape improvements along all public streets, including the proposed medians in France Avenue. Construction plans for said improvements shall be submitted to the City Engineer for review and approval. b. Developer agrees to install public improvements at Developer’s expense, including the relocation of public sanitary and storm sewer mains in accordance with City approved design and materials. c. Developer agrees to enter into the special service district for the continued maintenance of the streetscape within the public right-of-way along Excelsior Boulevard. d. Developer agrees to contribute to and engage in a public process to select an artist/artwork and contribute financially toward the art to be located in the plaza area at the corner of Excelsior Boulevard and France Avenue. The amount will be finalized with the Final PUD. e. All trash handling and storage facilities shall be located inside the building. f. Developer agrees to bury and install underground all on-site utilities. 8. The following façade design guidelines shall be applicable to all ground floor, non-residential facades located in the Mixed-Use building facing either Excelsior Boulevard or France Avenue: a. Façade Transparency. Windows and doors shall meet the following requirements: i. For street-facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. ii. Visibility into the space shall be maintained for a minimum depth of three feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. Meeting of December 1, 2008 (Item No. 8a) Page 23 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) b. Awnings. i. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. ii. Backlit awnings are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of five feet from the building wall for the following purposes, provided a six-foot minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between obstructions on public sidewalks and provided that all activity is occurring on private property: i. Display of merchandise. ii. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. iv. Dining areas may extend beyond five feet of the building, provided eight feet minimum horizontal clearance along Excelsior Boulevard and France Avenue is maintained between the obstructions on the sidewalk. d. All wall vents and assorted fixtures shall be painted to match the color of the wall to which they are attached. 9. The following conditions shall be met prior to starting any land disturbing activities on the site (excluding demolition of existing buildings): a. The Final PUD and Final Plat approvals shall be secured. b. Proof of Recording the Final Plat shall be submitted to the City. c. A site plan showing the required fire lanes shall be submitted. d. Building material samples and colors shall be submitted. e. Assent form and official exhibits shall be signed by the applicant and owner. f. A preconstruction conference shall be held with the appropriate development, construction and City representatives. g. A staging plan for construction shall be filed with the City. h. All necessary permits must be obtained. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Meeting of December 1, 2008 (Item No. 8a) Page 24 Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Pursuant to Section 36-367(e)6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the development agreement. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 24 GATEWAY THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaSeptember 15, 200808.0089.0BD BaderDevelopmentMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 25 EXCELSIOR BOULEVARD THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaSeptember 15, 200808.0089.0BD BaderDevelopmentMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 26 Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 27 PARK SIDE THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaNovember 10, 200808.0089.0BD BaderDevelopmentMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 28 Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 29 Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 30 Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 31 Shadow StudyThe shadow study for The Ellipse on Excelsior was prepared under my supervision and I certify that it is accurate.Dean Dovolis Registration Number Date17444 11-21-08THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaNovember 21, 200808.0089.0BD BaderDevelopmentMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 32 SUMMARYFEBRUARY 21NOVEMBER 213405Glenhurst100%98%20%0%0%0%0%3404France0%0%30%35%55%100%90%3405Glenhurst100%100%55%0%0%0%0%3404France0%0%75%80%80%100%100%3405Glenhurst100%100%60%0%0%0%0%3404France0%0%15%20%25%80%100%3405Glenhurst5%0%3404France0%0%DECEMBER 21 JANUARY 21OCTOBER 21More than 2 hours greater than 50% shadow9:00 am10:00 am11:00 am12:00 pm1:00 pm2:00 pm3:00 pm3405Glenhurst3%0%3404France0%0%All new multiple-family and nonresidential buildings and additions thereto shall be located so that the structure does not cast a shadow which covers more than 50 percent of another building wall for a period greater than two hours between 9:00 a.m. and 3:00 p.m. for more than 60 days of the year.3404 France passes on November 19th and again on January 16th, a span of 57 days.3405 Glenhurst passes on December 18th and again on February 4th, a span of 47 days.THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaNovember 21, 200808.0089.0BD BaderDevelopmentMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 33 5'-0"6'-6"TO PLANK99'-0"65'-8"179'-4"187'-9"36'-412"103'-9"7 6'- 3 "142'-0"1 6 4'- 9 "114'-3"108'-0"A11/16" = 1'-0"First Floor PlanA101Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: MS SN First Floor Plan EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 Minneapolis, MN 55416 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 PLYMOUTH , MN 55447 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTAL Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 34 66'-0"172'-4"211'-3"9 4 '- 2 "77'-10"6 4 '- 0 "141'-10"1 6 4 '- 0 "114'-3"108'-4"A11/16" = 1'-0"SECOND THRU FIFTH FLOOR PLANA102Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: MS SN Second Thru Fifth Floor Plan EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 16 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 O 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTAL Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 35 205'-3"1 9 3 '- 1 1 "78'-6"66'-0"179'-4"186'-7"15'-1"21'-3"103'-9"1 3 7 '- 1 1 "R85'-0"R47'-5"R64'-6"A11/16" = 1'-0"GARAGE FLOOR PLANA100Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: MS SN Garage Floor Plan EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 Minneapolis, MN 55416 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 PLYMOUTH , MN 55447 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTAL Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 36 PAINTED ALUMINUM GUARD RAIL3'-6"PRECAST CAPROCK FACE BLOCK VENEERCONCRETE3'-6"SEGMENTAL RETAINING WALLPAINTED ALUMINUM GUARD RAILASPHALT DRIVECONCRETE CURB7 7 '- 31 2"101'-2"30'-0"5'-8"SIDE YARD SETBACK113'-8" REAR YARD SETBACK 5'-0"7'-0"FRONT YARD SETBACK 2ND FLR. SETBACK 6 0'- 0 " 4 '- 9 3 4" 8 2'- 31 4"6'-6"AS100E5AS100D5A11/16" = 1'-0"ARCHITECTURAL SITE PLANAS100Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: ARCHITECTURAL SITE PLAN MS Checker EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 Minneapolis, MN 55416 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 PLYMOUTH , MN 55447 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTAL E51/4" = 1'-0"RETAINING WALL & GUARD RAIL DETAILD51/4" = 1'-0"GUARD RAIL DETAIL AT EDGE OF PARKINGMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 37 SITE AREASTOTAL BUILDING FOOTPRINTSITE AREA32,881 S.F.97,378 S.F.(2.23 ACRES)DORARESIDENTIALUSE AREAS28,564 S.F.COMMERCIALSURFACE PARKING16,106 S.F.16,394 S.F.30,063 S.F.(INCL. 5,588 S.F. ROOF DECK)A11/16" = 1'-0"ARCHITECTURAL SITE PLANAS101Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: ARCHITECTURAL SITE PLAN - PROPOSED USES MS Checker EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 Minneapolis, MN 55416 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 PLYMOUTH , MN 55447 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTAL Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 38 57'-212"BRICKVENEERRESIDENTIALENTRYALUMINUMSTOREFRONTCAST STONE CAPMETAL DECKAND RAILINGALUMINUMWINDOWGLAZINGLIFT STATION SIGNALMETAL PANEL VENEERALUMWINDOWSMETAL PARAPETCAPBUILDING MATERIAL RECAPCLASS 1 MATERIALS 64%CLASS 2 MATERIALS 36%RETAIL ENTRIES:ALUMINUM STOREFRONT GLAZING W/ METAL CAP AND AWNINGRETAIL ENTRIES:ALUMINUM STOREFRONT GLAZING W/ METAL CAP AND AWNING4" STONEVENEERSTONEVENEERALUMWINDOWSSTUCCO PANELVENEERMETAL PARAPETCAPMETAL BALCONIES AND RAILINGSALUMWINDOWSMETAL PARAPETCAPMETAL BALCONIES AND RAILINGSCAST STONESILLBRICK SOLDIERCOURSINGSECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"13'-0"10'-678" 60'-0" 10'-57 8"10'-578"11'-15 8"FIRST FLR. RES. LOBBYEL. 100'-0"T.O. PARAPETEL. 160'-0"3'-33 4"E L E V A T I O N L E G E N DSECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"13'-0"10'-67 8" 57'-10" 10'-57 8"10'-57 8"11'-158"FIRST FLR. RES. LOBBYEL. 100'-0"T.O. PARAPETEL. 157'-10"1'-13 4"1'-0"1'-0"SECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"13'-0"10'-678" 57'-10" 10'-578"10'-578"11'-15 8"FIRST FLR. RES. LOBBYEL. 100'-0"T.O. PARAPETEL. 157'-10"1'-134"1'-0"ALUMWINDOWSMETAL BALCONIES AND RAILINGS4" STONEVENEERSTUCCO PANELVENEERMTL. REVEALSTYP.MTL. REVEALSTYP.MTL. REVEALSTYP.SECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"13'-0"10'-678" 57'-10" 10'-578"10'-578"11'-15 8"FIRST FLR. RES. LOBBYEL. 100'-0"T.O. PARAPETEL. 157'-10"1'-134"1'-0"ALUMWINDOWSMETAL PARAPETCAPMETAL BALCONIES AND RAILINGSALUMINUMSTOREFRONT3 COAT STUCCOSYSTEMALUMWINDOWSBRICKVENEERALUMINUMSTOREFRONTBCDEFGJKAHIL3 COAT STUCCOSYSTEM3 COAT STUCCOSYSTEM3 COAT STUCCOSYSTEMA200Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: EXTERIOR ELEVATIONS MS Checker EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 Minneapolis, MN 55416 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 PLYMOUTH , MN 55447 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTALA13/32" = 1'-0"ELEVATION AA33/32"= 1'-0"ELEVATION CA53/32"= 1'-0"ELEVATION DD53/32"= 1'-0"ELEVATION EE33/32"= 1'-0"ELEVATION BMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 39 S I G N A G ES I G N A G ES I G N A G ES I G N A G ESECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"14'-0"10'-678" 56'-814" 10'-578"10'-578"11'-15 8"FIRST FLR. RES. LOBBYEL. 100'-0"SECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"14'-0"10'-67 8" 56'-814" 10'-57 8"10'-57 8"11'-158"FIRST FLR. RES. LOBBYEL. 100'-0"SECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"14'-0"10'-678" 56'-814" 10'-57 8"10'-578"11'-15 8"FIRST FLR. RES. LOBBYEL. 100'-0"STUCCO PANELVENEERALUM WINDOWS3 COAT STUCCO SYSTEME L E V A T I O N L E G E N DBCDEFGJKAHILA201Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: EXTERIOR ELEVATIONS MS Checker EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 Minneapolis, MN 55416 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 PLYMOUTH , MN 55447 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTALA13/32" = 1'-0"ELEVATION FA33/32"= 1'-0"ELEVATION GA53/32"= 1'-0"ELEVATION IMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 40 SECOND FLOOREL. 114'-0"THIRD FLOOREL. 124'-6-7/8"FOURTH FLOOREL. 135'-0-3/4"FIRST FLOOR RETAILEL. 101'-0"FIFTH FLOOREL. 145'-6-5/8"GARAGE SLABEL. 88'-0"T.O. PARAPETEL. 156'-8-1/4"FIRST FLOOR RES.EL. 102'-0"14'-0"10'-67 8"T.O. PARAPET 3EL. 160'-0"3'-33 4"ALUMWINDOWSSTUCCO PANELVENEERMETAL PARAPETCAPMETAL PARAPETCAPOPENOPENOPENBRICKVENEERLIFT STATIONACCESS PANEL60'-0" 10'-57 8"10'-57 8"11'-158"FIRST FLR. RES. LOBBYEL. 100'-0"MTL. REVEALSTYP.4" CAST STONE CAPCIP CONC.DECKROUND PRECAST COL.E L E V A T I O N L E G E N DBCDEFGJKAHIL3 COAT STUCCO VENEERA202Copyright 2008 DJR Architecture, Inc I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. PRINT NAME SIGNATURE REGISTRATION NUMBER DATE Issue:Date:Project #: Date: Drawn by: Checked by: EXTERIOR ELEVATIONS MS Checker EXCELSIOR AND FRANCE, ST. LOUIS PARK, MN The Ellipse on Excelsior 10.3.2008 08-0089.0 CLIENT BADER DEVELOPMENT 5402 Parkdale Drive Ste 200 Minneapolis, MN 55416 CONTRACTOR FRANA COMPANIES 633 SECOND AVE S HOPKINS, MN 55343 STRUCTURAL HANUSCHAK CONSULT. INC. 26 EDMUNTON STREET WINNEPEG, MA, R3C, 1P7 CANADA LANDSCAPE ARCHITECT DAMON FARBER ASSOCIATES 923 NICOLLET MALL MINNEAPOLIS, MN 55402 CIVIL ENGINEER MFRA 14800 28TH AVE NORTH SUITE 140 PLYMOUTH , MN 55447 09-15-2008PLANNING SUBMITTAL 10-15-2008REVISION 11-03-2008PRELIMINARY PRICING SET 11-21-2008REVISED PLANNING SUBMITTALA13/32" = 1'-0"ELEVATION JA33/32"= 1'-0"ELEVATION LD13/32" = 1'-0"ELEVATION KMeeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 41 Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 42 Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 43 Meeting of December 1, 2008 (Item No. 8a) Subject: Ellipse on Excelsior – Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD)Page 44