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HomeMy WebLinkAbout2007/01/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JANUARY 16, 2007 7:30 p.m. 6:00 p.m. Box Lunch 6:15 p.m. Study Session Closed Executive Session – Jean Morrison, Consultant, to Discuss Preliminary Information regarding the City Manager Evaluation with Council (Westwood Room) 7:15 p.m. Economic Development Authority Meeting 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a.Stephen P. Kelley Resolution 2b.Human Rights Award 3. Approval of Minutes 3a. Study Session Minutes of October 23, 2006 3b. Joint City Council/School Board Meeting Minutes of October 30, 2006 3c. City Council Minutes of December 18, 2006 3d. Study Session Minutes of December 11, 2006 Action: Corrections/amendments to minutes – Minutes approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 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 6. Public Hearings 6a. Public Hearing and Assessment Hearing: Alley Paving – 2900 block of Raleigh and Salem Avenue (City Project No. 2007-2900) This report considers paving the alley in the 2900 block of Raleigh and Salem Avenue Recommended Action: Mayor to open and close Public Hearing:  Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 2900 block of Raleigh and Salem Avenue, Project No. 2007-2900, approving plans and specifications and authorizing receipt of bids. Mayor to open and close Assessment Hearing:  Motion to adopt the attached resolution establishing the assessment for Project No. 2007-2900. 6b. Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Plans for the Park Center Boulevard Housing, Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. This report considers a resolution adopting a modification to the Redevelopment Plan for Redevelopment Project No. 1 and a modification to the Tax Increment Plans for the Park Center Boulevard Housing, Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. Recommended Actions: Mayor to close Public Hearing. Motion to approve the resolution adopting the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Modification to the Tax Increment Plans for the Park Center Boulevard Housing, Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. 7. Requests, Petitions, and Commissions from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Election of Mayor Pro-tem State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem for 2007 8b. Linen Effects – Major amendment to Conditional Use Permit Location: 6900 Oxford Street Case No.: 06-67-CUP Recommended Action: Motion to adopt Resolution approving a major amendment to the Conditional Use Permit, subject to conditions as recommended by Planning Commission and Staff 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF JANUARY 16, 2007 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/o r which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Council member or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Boards and Commission Minutes Wording: Motion to Accept (Name of Minutes) for Filing 4a. Motion to Adopt Resolution Declaring 2007 City Council Meeting Dates 4b. Motion to adopt a Resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2007 4c. Planning Commission Bylaws: Motion to approve revised Planning Commission Bylaws adopted January 3, 2007 4d. Motion to approve an amendment to the Special Permit to allow a 920 square foot modular building in the rear yard of an industrial building located at 6565 23rd St. 4e. Motion to adopt Resolution accepting this report; establishing an ordering Improvement Project No. 2006-1500; approving plans and specifications; authorizing advertisement for bids; and adopting Resolution to enter into a multi-agency agreement to fund Project No. 2006-1500 4f. Motion to approve Resolution to Purchase Vacant Tax Forfeit Parcel relating to the Excess Land Sale process 4g. Bid Tabulation: Motion to designate Automatic Systems Co. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $94,585.00 for the SCADA system upgrade – City Project No. 2006-1800 4h. Motion to Authorize Execution of an Amendment to Contract No. 84-05 with Barr Engineering for Hydraulic and Hydrologic Study of the Twin Lakes Watershed 4i. Motion to Accept for Filing Planning Commission Minutes of December 6, 2006 4j. Motion to Accept for Filing Telecommunications Advisory Commission Minutes of August 3, 2006 4k. Motion to Accept for Filing Housing Authority Minutes of November 8, 2006 4l. Motion to Accept for Filing Housing Authority Minutes of December 13, 2006 4m. Motion to Accept for Filing Police Advisory Commission Minutes of January 4, 2006 4n. Motion to Accept for Filing Police Advisory Commission Minutes of March 1, 2006 4o. Motion to Accept for Filing Police Advisory Commission Minutes of May 3, 2006 4p. Motion to Accept for Filing Police Advisory Commission Minutes of September 6, 2006 4q. Motion to Accept for Filing Police Advisory Commission Minutes of November 1, 2006 4r. Motion to Accept for Filing Parks & Recreation Commission Minutes of November 1, 2006 4s. Motion to Accept for Filing Vendor Claim Report St. Louis Park Council Meeting Item: 011607 - 2a - Steven P. Kelley Resolution Page 1 RESOLUTION NO. 07-001 RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO STEPHEN P. KELLEY WHEREAS, Steve served as St. Louis Parks State Senator in the Minnesota Legislature representing District 44 from January 1997 through December 2006; and WHEREAS, Steve served as St Louis Parks State Representative in the Minnesota Legislature representing District 44A from January 1993 through December 1996; and WHEREAS, Steve served as chair of the Senate Education Committee and Senate Subcommittee on Telecommunications, and was a member of the K-12 Education Budget Division, Health and Family Security and Jobs committee, and the Energy and Community Development committees. WHEREAS, while actively involved with the National Conference of State Legislatures, Steve was a member of the Executive, Education, Communications, Technology and Interstate Committees as well as several other partnerships and task forces; and WHEREAS, Steve tirelessly represented our community as can be seen by his very active involvement in the legislature and was deeply involved in a host of legislative activities that have been of great benefit to St. Louis Park. These include changes in state law which enabled the development of the Park Nicollet Medical Center, funding for flood mitigation projects, creation of funding streams to allow redevelopment of Brownfield sites such as the Golden Auto/National Lead site in St. Louis Park, funding for transportation improvements and his strong support for our public school system, to name just a very, very few. WHEREAS, Mr. Kelley served on the Human Rights Commission for the City of St. Louis Park from 1980-1983; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, expresses its deep thanks and appreciation to Stephen P. Kelley for his many outstanding contributions, dedicated service, and support to our community and its people during his tenure in the Minnesota State Legislature. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011607 - 2b - Council Award Presentation 2007 Page 1 2b. Presentation of the City’s Annual Human Rights Award BACKGROUND: Each year, the St. Louis Park Human Rights Commission coordinates an award to honor individuals that contribute to increasing understanding and cooperation between people of different backgrounds. Award recipients are recognized as leaders who support our vision of creating a community in which diversity is a natural part of everyday life. Nominations are made by community members and the winners are selected by the Human Rights Commission. One organization was chosen for 2007. The current Human Rights Commissioners are: Craig Aizman, Matthew Armbrecht, Karmit Bulman, Sharon Lyon, Ahmed Maaraba, Joe Polach, Shelley Taylor, Jason Van Buren, Greg Asche, Sonja Johnson, and Dalton Shaughnessy. 2007 AWARD RECIPIENT: Asian Media Access – 2007 Asian Media Access is a St. Louis Park based media advocacy agency dedicated to using media arts as tools for social betterment. AMA’s continuing mission is to Connect the Disconnected. They want to challenge the traditional isolation of Asian American communities by helping Asian Americans realize that the media can be an effective and important tool for communication and education. Asian Media Access is being honored for doing work that empowers youth of color and gives young people a voice to express their concerns. AMA offers workshops and media camps that teach media production, leadership skills, and critical thinking for youth of color. The youth have utilized the skills learned in the workshops and media camps to develop media products such as educational videos and TV Public Service Announcements. They also use the media as a tool for promoting social harmony. Asian Media Access was also the recipient of a St. Louis Park Arts & Culture Grant. With the help of this grant AMA brought A Dragon Odyssey, an original Chinese opera, to the St. Louis Park High School for a free performance on January 7th. Prepared by: Marney Olson, Community Liaison and Human Rights Commission Liaison Reviewed by: John Luse, Chief of Police Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 3a - Study Session OD Minutes Of October 23, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION October 23, 2006 The meeting convened at 6:30 p.m. Councilmembers Present: Mayor Jeff Jacobs, Sue Sanger, John Basil, Loran Paprocki, Phil Finkelstein, and Paul Omodt. Councilmembers Absent: C. Paul Carver Staff Present: Tom Harmening, City Manager and Bridget Gothberg, Organizational Development Coordinator. Others Present: Jean Morrison, Morrison & Associates, Inc. President 1. Organizational Development Session Council met with Ms. Morrison and Mrs. Gothberg. Dialogue took place on the following: A. Identifying strategies for building a high performing city council. B. Describing how to best work with each other and what is needed for maximum effectiveness. C. Establishing norms and expectations for working with each other. The meeting adjourned at 9:40 p.m. ____________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 011607 - 3b - Joint City And School Meeting October 30, 2006 Page 1 UNOFFICIAL MINUTES Joint City Council / School Board Meeting Wolfe Park Professional Building Conference Room October 30, 2006 The meeting convened at 6:25 p.m. Councilmembers present: Mayor Jeff Jacobs, Susan Sanger, John Basill, Loran Paprocki, Paul Omodt, C. Paul Carver, and Phil Finkelstein (left at 9:00 p.m.). School Board Members present: Board Chair Jim Yarosh, Jerry Timian, Julie Sweitzer, Larry Shapiro, Bruce Richardson (left at 7:05 p.m.), and Nancy Gores (left at 8:30 p.m.). School Board Members absent: Rolf Peterson. City Staff present: Tom Harmening, City Manager and Bridget Gothberg, Organizational Development and Facilitator. School District staff present: Dr. Debra Bowers, Superintendent Mayor Jacobs welcomed school board members and thanked them for their attendance. Discussion took place regarding collaboration and enhancing effective communication between the City and School District. Next Meeting The next Joint City Council and School Board meeting will be held in the fall of 2007. Adjournment The meeting adjourned at 9:29 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 011607 - 3c - City Council Minutes Of December 18, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 18, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:34 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Finance Director (Mr. DeJong), Human Resources Director (Ms. Gohman) and Recording Secretary (Ms. Stegora- Peterson). 2. Presentations 2a. Meadowbrook Drumming Performance Mayor Jacobs introduced the drummers. Ms. Linda Trummer, Meadowbrook Collaborative Director, introduced Stan Kipper and Chico Perez drum teachers who led the performance and where funded through the City’s Arts & Culture Grant program. 3. Approval of Minutes 3a. Study Session Minutes of November 27, 2006 Councilmember Sanger indicated on page 1, fifth and sixth paragraphs of item 1, should be changed to read “on red from Highway 7”. Also to add, “so that trail users would have a break in traffic to allow them to cross.” On page three, paragraph six of item 5, add, “particularly to include data about response times and safety.” The minutes were approved as amended. 3b. City Council Minutes of December 4, 2006 Councilmember Finkelstein stated on page seven, in paragraph six, the sixth sentence about data privacy should be a statement, not a question. The minutes were approved as amended. St. Louis Park Council Meeting Item: 011607 - 3c - City Council Minutes Of December 18, 2006 Page 2 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 second reading of Ordinance No. 2324-06 regarding the method for establishing utility rates, approve summary, and authorize publication. 4b. Adopt Resolution No. 06-196 that accepts project report, establishes Improvement Project, and sets a Public Hearing and Assessment Hearing date of January 16, 2007 for Alley Paving, 2900 block between Raleigh and Salem Avenues, Project No. 2007-2900 4c. Designate Edward Kraemer and Sons, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,380,127.60 for CSAH 25 Ped Bridge and Trail Improvement Project, City Project No. 2005-2100 4d. Adopt Resolution No. 06-197 that accepts this report and authorizes the purchase of equipment scheduled and budgeted for 2007. 4e. Authorize execution of a contract in the amount not to exceed $60,000.00 with Ostvig Tree, Inc. for 2007 Tree Pruning (trimming). 4f. Adopt Resolution No. 06-198 accepting the Project Report, establishing and ordering Improvement Project No. 2006-2300, approving plans and specifications, authorizing advertisements for bids. 4g. Approve Contract with Barr Engineering for Storm Water Project – Flood Mitigation Area 26 (Dakota Park) - Project No. 2003-1300. 4h. Adopt Resolution No. 06-199 accepting the Project Report, establishing and ordering Improvement Project No. 2009-1200, approving plans and specifications, and authorizing advertisements for bids. 4i. Parks and Recreation Advisory Commission Minutes of May 17, 2006 4j. Parks and Recreation Advisory Commission Minutes of September 20, 2006 4k. Planning Commission – Joint Study Session with Parks and Recreation Commission Minutes of November 1, 2006 4l. Planning Commission Minutes of November 1, 2006 4m. Approve Vendor Claims for Filing. It was moved by Councilmember Carver, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. St. Louis Park Council Meeting Item: 011607 - 3c - City Council Minutes Of December 18, 2006 Page 3 5. Boards and Commissions 5a. Reappointments to Boards and Commissions It was moved by Councilmember Basill, seconded by Councilmember Omodt to reappoint Commissioners Douville, Aune, Markgraf, Kramer and Person to their respective commissions for terms ending 12/31/2009; and Youth Commissioner Ohliger to the Police Advisory Commission for a term ending December 31, 2007. The motion passed 7-0. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein to appoint to the Police Advisory Commission Pat Swidersk whose term expires 12/31/08, and Cindy Hoffman and Siyad Abdullahi whose terms expire on 12/31/09; and Sharon Lyon to the Human Rights Commission whose term expires on 12/31/07. The motion passed 7-0. 6. Public Hearings 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Adoption of 2007 Budget, Revised 2006 Budget, and Certification of the 2007 City & HRA Property Tax Levies – Resolution Numbers 06-191 and 06-192 Mr. DeJong presented the staff report. It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt Resolution No. 06-191 approving the 2006 Property Tax Levy collectible in 2007, adopting the Budget for 2007, and adopting the Revised Budget for 2006; and, Resolution No. 06-192 authorizing the HRA Levy for 2006. The motion passed 7-0. St. Louis Park Council Meeting Item: 011607 - 3c - City Council Minutes Of December 18, 2006 Page 4 8b. Resolution Setting Utility Rates - Resolution No. 06-193 Mr. DeJong presented the staff report. Councilmember Finkelstein indicated enterprise funds are supposed to cover their own costs and also the cost of capital improvements, and asked if the amount of increase, as recommended by the outside consultants, will meet needs? Mr. DeJong replied yes, in the CIP to be adopted later, there is about $11.5 million of capital projects for these four funds over the next five years. There is an aggressive replacement of the existing infrastructure. They wanted to make sure the infrastructure, which is aging, functions the way residents expect and is coordinated with other improvements to minimize disruption and down time to residents. Councilmember Omodt asked about the garbage contracts and the timeline? Mr. Harmening replied the refuse contracts are up in 2008. In 2007 staff will begin conversations with the City Council about garbage service and establishing the haulers (bids and negotiations). The Public Works Director is working with staff in January and February on this issue. Councilmember Carver stated in the current contract there is no deduction for recycling. They should look at that in the future and actively use discounts as an incentive for recycling. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to adopt Resolution No. 06-193 setting Utility Rates as shown on the attached schedule. The motion passed 7-0. 8c. Adoption of the 2007-2011 Capital Improvements Program - Resolution No. 06-194 Mr. DeJong presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt Resolution No. 06-194 the 2007-2011 Capital Improvements Program. The motion passed 7-0. St. Louis Park Council Meeting Item: 011607 - 3c - City Council Minutes Of December 18, 2006 Page 5 8d. Resolution to confirm 2007 employee compensation - Resolution No. 06-195 Ms. Gohman presented the staff report. Councilmember Omodt asked how close staff was on the negotiation for the remaining union contract. Ms. Gohman replied they were in the beginning stages and would take awhile. Councilmember Omodt asked if there were other contracts up for negotiation? Ms. Gohman replied the other contracts were approved for two years. It was 2006/2007 for Sergeants, dispatch, firefighters and the Local 49 union. Councilmember Sanger noted the 3% increase was not being given to City Council members. It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to adopt Resolution No. 06-195 confirming a 3% general increase for non-union employees, setting the salary for City Manager, continuing volunteer firefighter benefit program and increasing Performance Program Pay for Paid-on-Call Firefighters for 2007. The motion passed 7-0. 9. Communications Mr. Harmening reported the City of St. Louis Park had been awarded $1.5 million from the Metropolitan Council Livable Communities Grant program for the Hoigaard Village Project. Those dollars would be used to help construct a neighborhood scale storm water pond, and for streetscape and infrastructure improvements along 36th Street. St. Louis Park was recognized by the MN Housing Finance Agency for the single-family home rehabilitation program. Councilmember Finkelstein recognized the fourth night of Hanukkah. Mayor Jacobs expressed Happy Holidays. 10. Adjournment The meeting adjourned at 8:25 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 011607 - 3d - Study Session Minutes Of December 11, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION December 11, 2006 Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Loran Paprocki, Susan Sanger, and Mayor Jeff Jacobs. Councilmember Omodt was absent. Staff present: City Manager (Mr. Harmening); Community Development Director (Mr. Locke); Planning and Zoning Supervisor (Ms. McMonigal); Director of Inspections (Mr. Hoffman); Public Works Director (Mr. Rardin); City Engineer (Mr. Brink); Finance Director (Mr. DeJong); Recreation Superintendent (Mr. Birno); and Recording Secretary (Ms. Samson). Guests present: Hennepin County Commissioner Gail Dorfman, State Representative District 44A Steve Simon, State Representative-Elect District 44B Ryan Winkler, and Senator-Elect District 44 Ron Latz. From Rider Bennett: Doug Franzen and Vic Moore. From MN/DOT: project manager Terry Johnson, area engineer Wayne Norris, and area program manager Tom O’Keefe. From SRF Consulting: Barry Warner. 1. 2007 Legislative Initiatives City Manager Tom Harmening said the report, Legislative Issues and Priorities for 2007, was put together from a staff perspective. Transportation funding for the TH100 full build project, Hwy. 7 and Wooddale, the Glencoe Railroad Mitigation Project. Mr. Harmening briefly discussed other transportation funding needs such as Hwy. 7 and Louisiana. In addition, the city would oppose any effort to impose levy limits this session. Mayor Jacobs said Highway 7 and Wooddale Avenue is a top priority. Councilmember Basill said help is needed on Highway 7 and its crossings and 36th Street already fails, which makes development extremely difficult along that corridor. Commissioner Dorfman said encourage staff to identify all costs for the transportation projects. Councilmember Basill said the railroad must pull out the tracks, and he wants to push for the full-build on Highway 100. Councilmember Sanger supports the staff report but she wants to amend state law to increase the distance between group homes to avoid concentrations of group homes. Councilmember Sanger would like to work with the League of Minnesota Cities. Commissioner Dorfman supports that idea and encourage the city to work with other advocacy groups on this issue. Senator-Elect Latz also recommended working with the League of Minnesota Cites. St. Louis Park Council Meeting Item: 011607 - 3d - Study Session Minutes Of December 11, 2006 Page 2 Senator-Elect Latz asked if there is a way to coordinate the Highway 7 and Wooddale and Highway 7 and Louisiana projects. Senator-Elect Latz also asked how Council felt about levy limit and restoration of local government aid. Senator-Elect Latz will be serving on the Public Safety Budget, Higher Education and New Jobs committees. State Representative Simon said it will be hard to get more money for the Glencoe project, but encourage the city to pursue the full-build on Highway 100. Councilmember Sanger asked if the city needs to push for dedicated funds and there was a brief discussion on MVST. Mr. Moore said beware of rebates and one-time monies. He recommended making Highway 7 and its two crossing projects bigger and tying the projects to the SW corridor. 2. Highway 100 Reconstruction (Full Build) Project Director of Public Works Mike Rardin discussed the staff report. During February of this year MN/DOT resumed the design process for this project. Their effort to date has been to revise the preliminary geometric layout to eliminate the fatal flaws discovered last year. MN/DOT presented maps with the proposed preliminary geometric layout of the full build project. Because of necessary access changes, options for local access to Highway 100 and a possible underpass in the W. 26TH Street area are now possible. These options, identified as Options 1 – 4, were presented by Project manager Terry Johnson. Mr. Johnson would like to meet with the police and fire chiefs as well to get their input. Depending on the option, the city’s contribution to the project would be between five and eight million dollars. Mr. Rardin said MN/DOT is proposing to raise the highway approximately 12 feet in the West 26th Street area in order to convey and treat stormwater runoff to the south as a part of the full build project. Councilmember Sanger asked about local street or neighborhood traffic volumes and wanted to better understand the options before bringing it back to the neighborhoods. Mayor Jacobs said a public process is needed and Councilmember Sanger agreed. Councilmember Sanger also asked how much land is needed for the options, and what if no underpass is built, would that mean more residential traffic in the neighborhoods. Underpass options should be presented to the neighbors for their feedback. Councilmember Finkelstein mentioned the Duke Development and its impact. Mayor Jacobs said do it right the first time. In regard to the options for an underpass, Councilmember Basill said traffic counts are needed, along with an understanding of the advantages and disadvantages, and let residents know the costs of the options. Councilmember Basill asked what MN/DOT’s recommendation is. Mayor Jacobs would like to focus traffic on the highways and he would like a list of advantages/disadvantages associated with each of the options. Councilmember Sanger favors using 26th Street rather than adding additional traffic in Lake Forest. St. Louis Park Council Meeting Item: 011607 - 3d - Study Session Minutes Of December 11, 2006 Page 3 MN/DOT will analyze the options to answer the council’s questions on local traffic and will better develop the footprint of the project to show the impact on landowners along the right-of- way. Staff will work with MN/DOT on developing a public process. MN/DOT and staff will meet to talk about what can be done in terms of analysis and will return to a future study session in the spring. 3. Duke Development Update Community Development Director Kevin Locke reported that staff shared concept plans with the Duke Realty team. Barry Warner, a landscape architect with SRF Consulting presented a matrix showing a spectrum of public and private gathering spaces, which are intended to aid the discussion about what would be appropriate in this development and area of the city. Councilmember Sanger likes the idea of an indoor and outdoor park, and she envisions indoor skating for all year long. Councilmember Sanger believes a day care center would be highly beneficial. Councilmember Finkelstein favors an indoor and outdoor area attached to an upscale hotel. Mr. Harmening said a very nice hotel would support a very good restaurant. A splash pad would be an attraction for families with children. Councilmember Carver left at 9:15 p.m. Councilmember Sanger asked what the city could do to make Cedar Lake Road friendly for pedestrians and bikers. Councilmember Sanger thinks a park should be publicly owned. She would like to have picnic tables, and build up a few stories to save green space. Staff expects a concept plan will be ready to review with the City Council in January. Staff would like to ensure that the Duke Development plan is part of making gathering places one of the key elements of the update Vision St. Louis Park. The meeting ended at 9:52 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 011607 - 4a - Declare 2007 Council Meeting Dates Page 1 4a. Motion to Adopt Resolution Declaring 2007 City Council Meeting Dates BACKGROUND: The St. Louis Park City Council Rules and Procedures require Council to set and approve meeting dates each year. The City Council's policy is not to meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, and Passover. For New Year's Day, Christmas Day, and Yom Kippur, this includes the evening before the holiday. For Rosh Hashanah and Passover, this includes the evening before the holiday and the first and second evenings of the holiday. A. Regular Meetings Regular meetings will be held on the first and third Mondays of each month at 7:30 p.m. A schedule of all regular meetings and recognized holidays will be kept on file at City Hall. Regular meetings can be cancelled or rescheduled at any time, provided Council meets at least once per month. Current policy states that when the meeting date falls on a holiday, the meeting will be scheduled on the next succeeding day that is not a holiday, unless another day has been designated in advance. If the Tuesday is also a holiday, the meeting is moved to the same hour on the next succeeding Monday that is not a holiday. Council also has the discretion to move the meeting to the Wednesday following the first two evenings of each holiday observance if deemed necessary at that time. Please note that the first regular meeting in April is cancelled in observance of Passover which begins April 3. RECOMMENDATION: Staff recommends approval of the meeting dates in Exhibit A of the attached resolution. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4a - Declare 2007 Council Meeting Dates Page 2 RESOLUTION NO. 07-007 RESOLUTION DECLARING 2007 CITY COUNCIL MEETING DATES WHEREAS, the City Council Rules and Procedures require Council to annually declare its public meetings for the year, and WHEREAS, the City Council takes holidays into consideration when declaring public meetings and has chosen to not meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, and Passover of each year. For New Year’s Day, Christmas Day and Yom Kippur, this includes the evening before the holiday. For Rosh Hashanah and Passover, this includes the evening before the holiday and the first and second evenings of the holiday, and WHEREAS, regular meetings will be held on the first and third Mondays of each month at 7:30 p.m. If the meeting date falls on a holiday, the meeting will be scheduled on the next succeeding day that is not a holiday, unless another day has been designated in advance. Regular meetings can be cancelled or rescheduled at any time, provided Council meets at least once per month, and WHEREAS, the City Council recognizes that not all religious holidays are included in this resolution and the Council makes it known that reasonable accommodation will be made for religious reasons when notified by an applicant or a member of the public, NOW, THEREFORE BE IT RESOLVED that the City Council of St. Louis Park has reviewed Exhibit A and declares those dates to be the public meeting dates of the City Council. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011607 - 4a - Declare 2007 Council Meeting Dates Page 3 Exhibit A 2007 City Council Meeting Dates Jan. 8 Study Session July 2 Regular Meeting Jan. 16 Regular Meeting - Tuesday (Monday-Martin Luther King Jr. Day) July 9 Study Session July 16 Regular Meeting Jan. 22 Study Session July 23 Study Session Feb. 5 Regular Meeting Aug. 6 Regular Meeting Feb. 12 Study Session Aug. 13 Study Session Feb. 20 Regular Meeting - Tuesday (Monday-President’s Day) Aug. 20 Regular Meeting Feb. 26 Study Session Aug. 27 Study Session Mar. 5 Regular Meeting Sept. 4 Regular Meeting - Tuesday (Monday-Labor Day) Mar. 12 Study Session Sept. 10 Study Session Mar. 19 Regular Meeting Sept. 17 Regular Meeting Mar. 26 Study Session Sept. 24 Study Session April 9 Regular Meeting/Study Session (April 2 Passover begins) Oct. 1 Regular Meeting April 16 Regular Meeting Oct. 8 Study Session April 23 Study Session Oct. 15 Regular Meeting May 7 Regular Meeting Oct. 22 Study Session May 14 Study Session Nov. 5 Regular Meeting May 21 Regular Meeting Nov. 13 Study Session – Tuesday (Monday-Veterans Day observed) May 29 Study Session – Tuesday (Monday-Memorial Day) Nov. 19 Regular Meeting June 4 Regular Meeting Nov. 26 Study Session June 11 Study Session Dec. 3 Regular Meeting June 18 Regular Meeting Dec. 10 Study Session June 25 Study Session Dec. 17 Regular Meeting St. Louis Park Council Meeting Item: 011607 - 4b - Designate Official Newspaper 2007 Page 1 4b. Motion to adopt a Resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for year 2007 BACKGROUND: MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter. BASIS OF RECOMMENDATION: 1. The paper is delivered to most of the residences in the City, thereby providing city-wide coverage of legal notices and other city government issues to residents. 2. In 2006, city staff met with representatives from Sun Sailor to find ways to improve circulation. Outcomes included an increased number of newspapers available at public locations, a joint meeting between the Sun Sailor and the SPARC group to increase delivery of papers to renters, advertising of the Sun Sailor on the website and in the Park Perspective, and a commitment by the Sun Sailor to increase delivery to neighborhoods who do not presently receive the paper. 3. The paper has served well as the official newspaper for many years. 4. The paper has expressed a desire to continue to provide this service. 5. The cost for legal publications is reasonable and they are not increasing their rates for the fourth year in a row. 6. All legal notices are posted on Sun Sailor’s website at no additional charge. 7. Two notarized affidavits on each publication are provided at no additional charge. New residents receive information regarding distribution of the Sun-Sailor Newspaper in their new resident packet. Staff recommends designating the St. Louis Park Sun Sailor as the official newspaper for the City of St. Louis Park. Attachment: Resolution Letter from Sun Newspapers (Supplement) Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4b - Designate Official Newspaper 2007 Page 2 RESOLUTION NO. 07-008 A RESOLUTION DESIGNATING THE ST. LOUIS PARK SUN SAILOR AS THE OFFICIAL NEWSPAPER FOR CALENDAR YEAR 2007 WHEREAS, MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter; and WHEREAS, the St. Louis Park Sun Sailor is a duly qualified medium of legal publication; NOW THEREFORE BE IT RESOLVED that the St. Louis Park City Council hereby designates the St. Louis Park Sun Sailor as the City’s Official Newspaper for Calendar Year 2007. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011607 - 4c - Planning Commission Bylaws Page 1 x. Motion to designate North Star Tree Care, Inc. as the lowest responsible bidder and authorize execution of a contract for the 2005 private diseased tree removal program in an amount not to exceed $447,760.00. 4c. Motion to approve revised Planning Commission Bylaws adopted January 3, 2007. City Council Consent Item BACKGROUND: The Planning Commission modified their bylaws to make them consistent with the Council’s Rules and Procedures for Boards and Commissions, adopted on September 18, 2006. The modifications to the bylaws were minor and were formally adopted at the Commission’s January 3, 2007 meeting. While the Council is not required to take formal action on the Planning Commission’s bylaws, by ordinance, Council has 30 days to modify the adopted bylaws. Placing this item on the agenda provides an opportunity for Council to review the bylaws and to provide feedback if so deemed. Staff has reviewed the bylaws and found them to be consistent with Chapter 2, Article IV of the City Code on Boards and Commissions, and the Council’s Rules and Procedures for Boards and Commissions. RECOMMENDATION: Staff recommends Council make a motion to approve the bylaws as adopted by the St. Louis Park Planning Commission on January 3, 2007. Attachments: Planning Commission Bylaws Prepared by: Marcia Honold Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4c - Planning Commission Bylaws Page 2 Planning Commission Adopted August 6, 1969 City of St. Louis Park, Minnesota Revised June 19, 1989 Revised November 18, 1992 Revised February 21, 2001 Revised May 18, 2005 Revised January 3, 2007 ST. LOUIS PARK, MINNESOTA PLANNING COMMISSION BY-LAWS Article I -– The Commission Section 1. The name of the Commission shall be the “Planning Commission”. Section 2. The planning commission shall have the following powers and duties to: (1) Prepare a comprehensive plan for the future development of the city to be submitted to the city council for implementation and to maintain such plan and recommend its amendment to the city council as may become necessary. (2) Initiate, direct and review, from time to time, a study of the provisions of the zoning chapter and the subdivision regulations and to report to the city council its advice and recommendations accordingly. (3) Study applications and proposals for amendments to the zoning chapter and applications for special permits and to advise the city council of its recommendations. (4) Study preliminary and final plats and to advise the city council of its recommendations. (5) Submit to the city council by April 1 of each year an annual report of the activities of the commission during the previous year. (6) Submit an annual work plan to the city council that details activities and projected timelines for the calendar year. The Community Development Department will develop the work plan for approval by the commission. (7) Act in an advisory capacity to the city council in all matters wherein powers are assigned to the city council by state law or city Charter concerning land use, comprehensive planning, zoning, platting, changes in streets and other matters of a general planning nature. Article II - Officers and Their Duties Section 1. At its first meeting of each calendar year, the Commission shall elect from its membership a Chair and a Vice-chair. The Chair position shall rotate annually. The staff liaison shall be the Secretary of the Commission. Section 2. The Chair and Vice-chair shall take office immediately following their election and shall hold office for a term of one year and until their successors are elected and assume office. St. Louis Park Council Meeting Item: 011607 - 4c - Planning Commission Bylaws Page 3 Section 3. The Chair shall preside at all meetings, appoint committees, and perform such other duties as may be ordered by the Commission Section 4. The Vice-chair shall act in the capacity of the Chair in the absence of the Chair. In the event the office of the Chair becomes vacant, the Vice-chair shall become Chair, and the Commission shall elect a successor to the office of Vice-chair for the unexpired term. Section 5. A staff liaison to the Planning Commission shall be designated by the city manager and shall be subject to the administrative rules and regulations of the city. The staff liaison may facilitate or assist in the meetings and shall be responsible for recording attendance of commission members. The staff liaison is responsible for keeping the city manager informed regarding the business of the commission and shall communicate to the city manager any problems or issues that may arise. The staff liaison shall also be responsible for assisting the commission in considering their financial needs and, if deemed necessary by the commission, shall request appropriate funding from the city council through the annual budget process. Article III-Election of Officers Section 1. Nomination of officers shall be made by the members of the Commission present at the annual organization meeting and the elections shall follow immediately thereafter. Section 2. A candidate receiving the vote of a majority of the entire membership of the Commission shall be declared elected. Section 3. Vacancies in offices shall be filled by regular election procedures for the unexpired term. Article IV -Meetings Section 1. All regular and special meetings, records, and accounts shall be open to the public and conducted in accordance with the Minnesota Open Meeting Law. Section 2. The annual organization meeting of the commission shall be the first regular meeting of the year at which time elections will be held and the schedule for the following year’s regular meeting schedule will be considered. Section 3. The Commission shall hold regular meetings on the first and third Wednesday of each month at 6:00 p.m., provided however, that when the day fixed for any regular meeting of the Commission falls upon any of the following holidays: Ash Wednesday, Chanukah, Christmas, Veterans Day, Independence Day, New Year's Day, Passover (first two nights), Rosh Hashanah, and Yom Kippur, such meeting shall be held at the same hour on the next succeeding Wednesday not a holiday. (For Chanukah, Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the holiday.) All regular meetings of the Commission shall be held in the City Hall of the City or other public building as noticed. The commission may, by a majority vote, change the regular meeting dates for any reason provided proper public notice of the changed meeting is provided to the public. Section 4. The Chair or any two members of the Commission may call a special meeting of the Commission after having given notice not less than three days in advance of such meeting to each member of the Commission. Such notice shall provide the date, time, place and purpose of meeting and be delivered personally to each member or be left at the member's usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person be found there. If however, all commissioners attend and participate in the meeting, these notice requirements are St. Louis Park Council Meeting Item: 011607 - 4c - Planning Commission Bylaws Page 4 not necessary. The presence of any commissioner at a special meeting shall constitute a waiver of any formal notice unless the commissioner appears for the special purpose of objecting to the holding of such meeting. Notice of the date, time, place and purpose of a special meeting must also be posted by the secretary on the principal bulletin board of the city at least three days prior to the date of the meeting. Section 5. A quorum shall consist of a simple majority of the members eligible to vote on matters before the Commission. Without a quorum, the meeting cannot be opened, and Planning Commission business or voting cannot be conducted. Passage of any matter before the Commission shall require the presence of a quorum and the affirmative vote of a majority of the quorum. Section 6. Voting on regular motions shall be by voice and will be recorded by yeas and nays unless a roll call is requested by a member of the Commission. Section 7. In all points not covered by these rules, the Commission shall be governed on its procedure by Sturgis Standard Code of Parliamentary Procedure. Section 8. All meeting minutes, records and accounts shall be in writing kept in accordance with MN Statute and Rules regarding preservation of public records and the MN Data Privacy Act. Section 9. No member of the Commission shall discuss or vote on any question in which the member has a direct or indirect financial interest. Section 10. Commissioners should only communicate on issues pending or before the Commission during scheduled Commission meetings. If a Commissioner wishes to transmit information regarding the business of the Commission, the Commissioner should present it to the Staff liaison or other Community Development Department staff for distribution to the Commissioners. Section 11. Any Commissioner that is unable to attend a scheduled meeting of the Commission may submit written comments pertaining to an item on the agenda to the Community Development Director or the Secretary of the Commission for distribution to the Commissioners prior to the meeting or at the meeting and may request that such comments be attached as an addendum to the minutes of the meeting. Article V - Order of Business Section 1. The order of business shall be as follows: 1. Roll Call 2. Approval of Minutes 3. Hearings 4. Unfinished Business 5. New Business a. Consent Items b. Other New Business 6. Communications 7. Miscellaneous 8. Adjournment St. Louis Park Council Meeting Item: 011607 - 4c - Planning Commission Bylaws Page 5 Section 2. Unless objection is made by motion of the Commission, the Presiding Officer may modify the foregoing order of business in order to accommodate citizens present or to expedite the business of the Commission. Section 3. Unless a reading of the Commission meeting minutes is requested by a member of the Commission, such minutes may be approved without reading if the secretary has previously furnished each member with a copy thereof. Section 4. Unless there is objection from the Commission, Staff or anyone in attendance at the meeting, Consent Items may be acted upon without discussion. Section 5. The case before the Commission shall be presented in summary by Planning staff or a designated member of the Commission and parties in interest shall have privilege of the floor thereafter. In those instances where the matter is considered non-controversial and does not warrant a summary, the Presiding Officer may entertain a motion without presentation of the summary, unless an objection is expressed by anyone present. Section 6. The Commission may postpone any case or continue any case for further study and information until the next regular meeting unless otherwise designated. Section 7. Any person desiring to address the Commission shall first secure the permission of the Presiding Officer to do so. Section 8. Each person addressing the Commission, shall, if requested by the Presiding Officer, step up in front of the rail, shall give his/her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his/her remarks to five minutes. All remarks should be addressed to the Commission as a body and not to any member thereof. No person, other than the Commission and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission, without the permission of the Presiding Officer. No question shall be asked a Commission member except through the Presiding Officer . Section 9. No person, except City Officials and their representatives, shall be permitted on the elevated portions of the Council Chambers without the express consent of the Commission. Article VI - Hearings Section 1. In addition to those required by law, the Commission may, at its discretion, hold public hearings when it declares such hearings will be in the public interest. Section 2. In the event of a public hearing, notice of such hearing shall be published in the official newspaper of the municipality not less than ten days before the time of the hearing. Article VII - Attendance and Performance of Duties Section 1. Regular attendance at meetings is a requirement for continued membership. Commission members are expected to attend regular and special commission meetings and assigned committee meetings. Planned absences communicated to the commission chair or committee task force chair in advance of the meeting will be deemed excused. Any other absence will be deemed unexcused. The commission will approve and record the approval of all excused and unexcused absences. St. Louis Park Council Meeting Item: 011607 - 4c - Planning Commission Bylaws Page 6 Section 2. Council will be informed if a member receives three unexcused absences in any calendar year, if a member attends scheduled meetings irregularly or if a member is frequently absent from scheduled meetings. Section 3. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or task force chair as soon as possible. The commission may ask the Council to review a member's appointment based upon its assessment of significant non-performance of duties. Article VIII - By-laws and Rules Section 1. These by-laws are subject to the City Council’s Rules and Procedures for Boards and Commissions, amended by Resolution 06-148 on September 18, 2006 and Chapter 2, Administration, the St. Louis Park City Code. Section 2. Written notice of proposed changes to the Planning Commission by-laws shall be provided to Commissioners thirty days prior to formal action by the Commission. These rules may be amended at any regular or special meeting by an affirmative vote of a majority of the entire membership. The City Council has thirty days to take action to modify the by-laws or amendments approved by the Commission. St. Louis Park Council Meeting Item: 011607 - 4d - Minor Amendment To SP For Modular Addition - 6565 23rd St Page 1 4d. Motion to approve an amendment to the Special Permit to allow a 920 square foot modular building in the rear yard of an industrial building located at 6565 23rd St. BACKGROUND: In 1986, the City Council approved a special permit for Swanson & Youngdale to operate a contractor’s yard at 6565 23rd Street. Since then, the property has been used as office, training and indoor and outdoor storage of equipment and materials. REQUEST: An application was received on December 18, 2006 to amend the special permit to allow a 920 square foot modular building. The building will be located in the back yard, and will house the training room for the next two years while the main facility is undergoing an extensive interior remodel. The building will be located in the outside storage area which is secured with a fence and is screened from off-site views. Once the remodel is complete, the building will be removed and the area returned to outside storage space. While the building will be used for a of couple years during the remodel, it cannot be considered temporary, because the zoning ordinance limits temporary buildings to a maximum of six months. Therefore, staff reviewed this request as a permanent addition to the site, even though it will be removed. The building will be built on 20 concrete piers, will be handicapped accessible, and will meet all building, fire and zoning codes for a permanent building. The outdoor storage area is adjacent to the railroad embankment along the south property line. On the other side of the railroad is Nelson Park and there are single family homes on the other side of the park. Additional landscaping will be added along the south property line to supplement the screening. RECOMMENDATION: Staff recommends approval of the amendment to the existing special permit to allow the construction of the 920 square foot modular building with the following conditions: 1. Nine overstory trees shall be planted along the south property line. Attachments: Site Aerial Photo Site Plan Proposed resolution Application Prepared by: Gary Morrison, Assistant Zoning Administrator Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4d - Minor Amendment To SP For Modular Addition - 6565 23rd St Page 2 SITE AERIAL St. Louis Park Council Meeting Item: 011607 - 4d - Minor Amendment To SP For Modular Addition - 6565 23rd St Page 3 SITE PLAN Proposed Modular Building St. Louis Park Council Meeting Item: 011607 - 4d - Minor Amendment To SP For Modular Addition - 6565 23rd St Page 4 RESOLUTION NO. 07-009 Amends and Restates Resolution No. 86-78 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 86-78 ADOPTED ON JUNE 16, 1986, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A 920 SQUARE FOOT MODULAR BUILDING AT 6565 23RD STREET FINDINGS WHEREAS, Swanson & Youngdale, Inc. has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow the construction of a 920 square foot modular building at 6565 23rd Street within an (IP) Industrial Park Zoning District having the following legal description: Lot 1, Block 1, Elliot View 4th Addition WHEREAS, the City Council considered the information related to Planning Case Nos. 86-1-SP, and 06-69-CUP and the effect of the proposed amendment to the site plan 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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 86-78 of the St. Louis Park City Council dated June 16, 1986, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 86-78, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 86-1-SP and 06-69-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. St. Louis Park Council Meeting Item: 011607 - 4d - Minor Amendment To SP For Modular Addition - 6565 23rd St Page 5 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 86-78 is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting the construction of a 920 square foot modular building within the (IP) Industrial Park Zoning District at the location described above based on the following conditions: 1. Contractor’s equipment and materials shall be limited to the area designated as area A on Exhibit A, Site Plan, dated January 8, 1986. 2. Landscaping shall be provided and maintained as shown on Exhibit B – Landscape Plan, which shall be amended on January 2, 2007 to add nine overstory trees along the south property line. 3. All landscaping shall be completed by October 15, 1986 2007 (amended January 2, 2007). In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011607 - 4d - Minor Amendment To SP For Modular Addition - 6565 23rd St Page 6 St. Louis Park Council Meeting Item: 011607 - 4d - Minor Amendment To SP For Modular Addition - 6565 23rd St Page 7 St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 1 Formatted: Font: Bold Formatted: Font: Bold 4ie. Sanitary Sewer Dump Station: Project Report: Sanitary Sewer Dump Station Building – Project No. 2006-1500 1. Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 2006-1500, approving plans and specifications, and authorizing advertisement for bids. 2. Motion to adopt the attached resolution to enter into a multi-agency agreement to fund Improvement Project No. 2006-1500Motion to adopt Resolution accepting this report; establishing and ordering Improvement Project No. 2006-1500; approving plans and specifications; authorizing advertisement for bids; and adopting Resolution to enter into a multi-agency agreement to fund Project No. 2006-1500. BACKGROUND: The Several years ago staff identified the need for and programmed a capital improvement purpose of this project is to developconstruct a new buildingfacility that couldwill provide a location for the separation of liquids and solids collected during the cleaning of the sanitary sewers system. Once separated, liquids will be drained back to the sanitary sewer while solids will be collected and disposed of at an appropriately permitted solid waste facility. Because other cities and the Met Council also own / operate sewer systems and share this same need, city staff has worked with other interested area agencies to jointly develop a project. This facility is now being proposed as a joint project between the cities of St. Louis Park, Hopkins, Edina and the Metropolitan Council's Environmental Services division (Partners). This facility provides for an efficient and environmentally responsible method for properly disposing of these materials. AGENCY INVOLVEMENT / COST SHARING: This is a joint project between the Partners with each agency agreeing to pay an equal share for the construction, operation, and maintenance of this facility. Staff has worked with the City Attorney to draft a multi-agency agreement to construct and operate this facility for the next 20 (twenty) years (see attached Agreement - Exhibit 2). Major terms of the agreement are: 1. The facility will be sited at the northwest corner of the Municipal Service Center (MSC). 2. The building will be constructed, owned, and operated by the City of St. Louis Park. 3. If the recommended low bid exceeds 120% of the estimated construction cost ($248,000) the Partners have the right to review and approve or reject award of the contract. Provisions allow for a redesign and rebidding of the facility. 4. Change orders exceeding 20% of the construction cost of the facility have to be approved by all the Partners. 5. Each of the four Partners will pay 25% of the actual total construction cost of the facility currently estimated at $248,000. 6. Annual operation and maintenance costs will initially be split equally (25% each) amongst the partners, but provisions allow for future review and adjustment of costs based on actual usage by the Partners. Formatted: Font: Bold Formatted Table Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Justified Formatted: Bullets and Numbering St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 2 Formatted: Font: Bold Formatted: Font: Bold 7. The agreement expires December 31, 2026 unless terminated earlier by all the Partners. Upon termination, the facility will be under the sole ownership and control of the City of St. Louis Park. This agreement has been approved by all the other Partners. St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 3 Formatted: Font: Bold Formatted: Font: Bold BPROPOSED FACILITYUILDING DESIGN: The City’s consultant, Bonestroo, Rosene, Anderlik & Associates, has prepared plans for a small the building to be constructedion near. The building will be constructed at the northwest corner of City property at the St. Louis Park Municipal Service Center (MSC) located at 7305 Oxford Street (see attached map – Exhibit 1). Access from Oxford Street will be via the west entrance to the MSC. All the Partners were involved in developing and approving these plans. The exterior of the building has been designed to fit this area and is to will be constructed of textured concrete block with a standing seam metal roof. The interior of this building will be split into two levels with the lower level designed to accommodate a 25-yard roll-off container capable of accepting the sanitary grit and allowing it to de-water through a filtered bottom into a trench drain and out to the sanitary sewer via a sand trap. The upper level has been designed to as a accommodate dumping area for the vactor trucks from the agencies listed above. The plan is to allow this building will be to ventilated using a passive system with louvers in the south and north walls. These louvers will be able to accommodate the additional of bio-filters in the future if the odors in the building become a problem objectionable. These louvers will also be able to accommodate the addition of motorized dampers with fans, should it become necessary to provide additional to move more air through the building ventilation. A small water service room will be the only heated space in theis building; . The heat source will be an electric unit heater. Tthis room will have the water service entrance with a connection to allow for a 1-1/2" fire hose connection to wash down the building interior. AGENCY INVOLVEMENT / COST SHARING: This construction is a joint project between St. Louis Park, Hopkins, Edina and the Metropolitan Council's Environmental Services with each agency paying an equal share. Staff has worked with the City Attorney to draft a multi-agency agreement to construct this building (see attached Agreement - Exhibit 2). The agreement will also cover future operating and maintenance (O&M) costs. Annual O&M costs will be initially prorated amongst the users based on usage by volume and evaluated in the future to determine if a change is needed to ensure equitable cost sharing. The City of St. Louis Park will administer and pay for the construction contract with the other agencies reimbursing us. The building will be owned and operated by the City of St. Louis Park. FINANCIAL CONSIDERATIONS: It is proposed that our share of this project be funded from the Sanitary Utility Fund. The project cost for the City of St. Louis Park has been budgeted for and is in the 5-year CIP. Project Costs Preliminary EngineeringDesign, Surveying, Construction Engineering & Inspection $ 34,50049,900 Construction (includes 10% contingency) $ 185,000225,000 10% Contingency $ 18,500 Construction Engineering $ 10,000 Formatted: Justified Formatted: Normal Formatted: Not Highlight St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 4 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold TOTAL $ 24874,0900 Project Funding Other Agencies $186,000 Sanitary Sewer Fund $6288,0900 TOTAL $24874,0900 St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 5 Formatted: Font: Bold Formatted: Font: Bold SCHEDULING: Should the City Council approve the Project Report, it is anticipated that tThe following schedule is proposedcould be met: • Approval of Plans/Authorization to Bid by City Council Jan. 16, 2007 • Advertise for bids Jan. 25 & Feb. 1, 2007 • Bid Opening Feb. 9, 2007 • Bid Tab Report to City Council; Award contract Feb. 20, 2007 • Construction May through August 2007 SUMMARYummary: This project as proposed is necessary, cost effective, and feasible. Attachments: • Resolution to establish and order Improvement Project No. 2006-1500, approve plans and specifications, and authorize advertisement for bids. • Resolution to enter into a multi-agency agreement with Hopkins, Edina and the Metropolitan Council's Environmental Services to fund facilitythe building construction, operationgs, and maintenance. • Exhibit 1 – site map (supplement) • Exhibit 2 – Multi-agency agreement Prepared by: Scott Merkley, Public Works Coordinator Reviewed bBy: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Formatted: Top: 0.6", Bottom: 0.4", Section start: New page Formatted Table Formatted: Justified Formatted: Normal, Tab stops: 0.75", Left Formatted: Font: Bold Formatted: Normal, Tab stops: 0.75", Left St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 6 Formatted: Font: Bold Formatted: Font: Bold EXHIBIT 2 SANITARY SEWER DUMP STATION CONSTRUCTION AND OPERATING AGREEMENT THIS AGREEMENT WITH RESPECT TO SANITARY SEWER DUMP STATION IN ST. LOUS PARK (“Agreement”) is entered into this day of , 2007, by and among the METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of Minnesota (“Met Council”) and the CITY OF ST. LOUIS PARK, a municipal corporation (”St. Louis Park”), the CITY OF HOPKINS, a municipal corporation (“Hopkins”), and the CITY OF EDINA, a municipal corporation (“Edina”), a municipal corporation, cumulatively referred to as the “Parties”. BACKGROUND RECITALS 1. The Parties have determined that it is mutually beneficial to enter into an agreement to construct, operate and maintain a sanitary sewer dump station building in St. Louis Park that will provide for the separation of liquids and solids of sanitary grit collected during the cleaning of sanitary sewer systems and a temporary holding of solids before landfill disposal. 2. Met Council is authorized by Minnesota Statutes §473.504 to construct sewage treatment works determined to be necessary or convenient for the collection of and disposal of sewage in the metropolitan area and to contract with any local government for the performance on Met Council’s behalf of any service. 3. The Parties agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes §471.59 and the actions listed below and that said work provisions will be carried out by the Parties hereto as provided in this Agreement under the provisions of Minnesota Statutes §471.59. AGREEMENT NOW THEREFORE, the parties agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is to set forth the terms and conditions and responsibilities of each of the Parties with respect to the construction, ownership, operation and maintenance of a sanitary sewer dump station building that will provide for the separation of liquids and solids of sanitary grit collected during the cleaning of sanitary sewer systems and a temporary holding of solids before landfill disposal. 2. Facility Construction and Ownership. St. Louis Park will construct a sanitary sewer dump building at the City Municipal Service Building property located at 7305 Oxford Street (“Facility”). St. Louis Park will own the Facility and all fixtures and equipment located at the Facility during the term of this Agreement, unless otherwise agreed to in writing by the parties. Formatted: Justified St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 7 Formatted: Font: Bold Formatted: Font: Bold 3. Plans and Specifications. The building will be constructed in accordance with plans and specifications prepared by the cities’ consultant, Bonestroo, Rosene, Anderlik & Associates, dated _________ (“Project”). As of the date of this Agreement, St. Louis Park has provided the plans and specifications to each party for its review and comment. St. Louis Park will submit any revisions to the plans and specifications to each of the other parties for its review and comment. 4. Construction Administration. a. St. Louis Park will advertise for bids for the work and construction of the Facility, receive and open bids pursuant to said advertisement and enter into a contract with a successful bidder at the unit prices specified in the bid of such bidder, and construct the Facility in accordance with the plans and specifications approved and found acceptable by all of the Parties as provided above in Paragraph 3 of this Agreement and in accordance with St. Louis Park’s policies and procedures and federal, state and local law applicable to the construction of the Facility. b. Prior to award of any construction contract, St. Louis Park will tabulate the bids and submit to each of the other Parties a copy of the tabulation and the recommendation of St. Louis Park for selection of a bidder and award of the contract. If the bid recommended for acceptance by St. Louis Park exceeds one hundred twenty percent (120%) of the estimated cost of the construction of the Facility, i.e. _________________________ , the following procedure shall become effective: Each Party shall have seven (7) days to review the bids and either accept the bids and St. Louis Park’s recommendation for selection of a bidder and award of contract or to reject any or all bids and St. Louis Park’s recommendation for a bidder and award of contract. Each Party shall inform St. Louis Park in writing of its acceptance or rejection as provided in the previous sentence. If Each Party rejects any or all bids and/or St. Louis Park’s recommended selection of a bidder, Each Party will provide to St. Louis Park, in writing, the reasons for such rejection. Subsequent to rejection of the bids and/or award by any Party and if all the Parties and St. Louis Park mutually agree, St. Louis Park may readvertise for bids. Prior to such readvertisement for bids, Each Party may submit to St. Louis Park for inclusion in the plans and specification, changes in the Facility which in the Party’s opinion may result in reasonable bids. St. Louis Park agrees to incorporate such changes into the plans and specifications prior to readvertisement for bids for the Facility, provided that all Parties have reviewed and accepted the changes in accordance with Paragraph 3 of this Agreement. Immediately upon opening the second set of bids, St. Louis Park and the other Parties shall follow the procedure set forth in Paragraph 4b with respect to tabulation of bids, recommendation for selection of a bidder and acceptance or rejection of bidder by each Party. If any Party again rejects any or all bids and/or the award recommended by St. Louis Park, this contract shall become null and void. In the event this Agreement becomes null and void in accordance with the terms of this paragraph, each Party shall pay to St. Louis Park the design Formatted: Font: 5 pt Formatted: Font: 8 pt Formatted: Justified, Line spacing: single Formatted: Font: 8 pt Formatted: Justified Formatted: Font: 6 pt Formatted: Font: 6 pt St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 8 Formatted: Font: Bold Formatted: Font: Bold aand administrative fees actually expended by St. Louis Park for the Facility in accordance with the terms of this Agreement. c. Change Orders. During the construction of the Facility, St. Louis Park shall have the right to enter into any reasonable change orders with the contractor and incur any costs reasonably necessary to complete the construction of the Faculty provided, however, that each individual change order does not exceed twenty (20) percent of the construction cost of the Facility. St. Louis Park will submit any change order which exceeds the above amount to each Party for its review and approval. 5. Cost Sharing. a. Each of the four Parties will pay twenty-five percent (25%) of the actual project cost of the Facility in the amount of the actual bid item for the Facility adjusted by any change orders authorized pursuant to Section 4.c. of this Agreement. As of the date of this Agreement, the estimated project costs total $248,000 and include the following components: Preliminary Engineering $ 34,500 Construction $185,000 10% Contingency $ 18,500 Construction Engineering $ 10,000 Total $248,000 b. All direct payment to the contractor(s) for work performed on the Facility will be made by St. Louis Park. Each of the other Parties will pay to St. Louis Park its respective twenty-five percent (25%) share of the project costs as follows: design, bid preparation and construction costs, within thirty (30) days of bid award; all remaining project costs within thirty (30) days of Facility completion and receipt of a final invoice from St. Louis Park showing each Party’s final share in the costs for the Facility and evidence of payment by St. Louis Park to its contractors for the design and construction of the Facility. c. Each Party shall have thirty (30) days from the receipt of said invoice to review and contest the amount due. The amount due shall be final, binding and conclusive upon expiration of the aforesaid thirty (30) day period unless a Party has contested the amount pursuant to this paragraph. Formatted: Font: 8 pt St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 9 Formatted: Font: Bold Formatted: Font: Bold 6. Operation. The Facility will be operated as follows: a. St. Louis Park will own and operate the Facility. b. St. Louis Park will provide all insurance coverage relating to the ownership and operation of the Facility. c. St. Louis Park at its expense will perform the routine maintenance relating to the Facility, except that any damage to the Facility caused directly by any other parties’ use of the Facility shall be paid for by that party. d. The parties shall share equally the cost of any necessary major repairs to the building and site (e.g. roof, floor, walls, driveway) or any unanticipated major expenses. e. The parties shall share equally the cost of the disposal contract relating to the Facility. f. After the first twelve (12) months of operation and every third year thereafter, the parties shall review the level of usage of the Facility by each party and equitably adjust the respective contributions of each party if usage is not substantially equal amongst the parties. 7. Term. This Agreement will be for a term of twenty (20) years ending December 31, 2026, unless terminated earlier in writing by agreement of the parties. Upon termination the Facility will be under the sole ownership and control of the City of St. Louis Park, unless prior to that time the parties have extended the Agreement under the same or modified terms and conditions. 8. Additional Parties or Users. The parties will work cooperatively to allow other public or private entities to use the Facility either by an amendment to this Agreement or other separate agreements. 9. General Terms and Conditions. a. All records kept by the Parties with respect to the Facility shall be subject to examination by the representative of each Party hereto. Upon completion of the construction of the Facility by St. Louis Park, St. Louis Park shall provide each Party a complete set of reproducible record drawings. All data collected, created, received, maintained or disseminated for any purpose by the activities of St. Louis Park pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereinafter adopted. b. All employees of St. Louis Park and all other persons engaged by St. Louis Park in the performance of any work or services required or provided for herein to be performed by St. Louis Park shall not be considered employees of the other Parties, and that any and all claims that may or might arise under the Formatted: Font: 8 pt Formatted: Font: 11 pt Formatted: Font: 8 pt Formatted: Font: 8 pt Formatted: Font: 8 pt Formatted: Font: 8 pt St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 10 Formatted: Font: Bold Formatted: Font: Bold Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Parties other than St. Louis Park. c. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. St. Louis Park’s and the Council’s liability is governed by the provisions of Minnesota Statutes Chapter 466. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through insurance of self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. St. Louis Park further agrees that any contract let by St. Louis Park for the design and construction of the Facility as provided herein shall include clauses that will: 1) require the contractor to defend, indemnify, and save harmless the other Parties, their officers, agents and employees from claims, suits , demands, damages, judgments, costs, interest, expenses, including, without limitation, reasonable attorney fees, witness fees, and disbursements incurred in defense thereof arising out of or by reason of the negligence of said contractor, its officers, employees, agents or subcontractors; 2) require the contractor to provide and maintain insurance as required in the contract documents between St. Louis Park and the contractor and to provide the Parties, also as required in the contract documents between St. Louis Park and the contractor, with Certificates of Insurance naming the other Parties as additional insured; and 3) require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. d. It is understood and agreed that the entire Agreement between parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement, including the Recitals, are incorporated or attached and are deemed to be part of this Agreement. e. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. f. Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, St. Louis Park agrees to comply with all federal, state and local applicable laws and ordinances relating to nondiscrimination, affirmative action, public purchases, contracting St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 11 Formatted: Font: Bold Formatted: Font: Bold employment, including worker’s compensation and surety deposits required for construction contracts. g. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. h. The covenants of this Agreement shall be binding upon and inure to the benefit of the Parties hereto, their successors and assigns. i. This Agreement is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. j. Any notice of demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: METROPOLITAN COUNCIL Attn: Thomas H. Weaver, Regional Administrator 390 North Robert Street St. Paul, MN 55101 With a copy to: METROPOLITAN COUNCIL ENVIRONMENT SERVICES Attn: William Moore, General Manager 390 North Robert Street St. Paul, MN 55101 CITY OF ST. LOUIS PARK 5005 Minnetonka Boulevard St. Louis Park, MN 55416 St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 12 Formatted: Font: Bold Formatted: Font: Bold CITY OF HOPKINS 1010 First Street South Hopkins, MN 55343 CITY OF EDINA 4801 West 50th street Edina, Minnesota 55424 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. LOUIS PARK Dated: , 2007 By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager CITY OF HOPKINS Dated: , 2007 By: Eugene Maxwell, Mayor By: Richard Getschow, City Manager CITY OF EDINA Dated: , 2007 By: James Hovland, Mayor By: Gordon Hughes, City Manager METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES DIVISION Dated: , 2007 By: Its: St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 13 Formatted: Font: Bold Formatted: Font: Bold St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 14 Formatted: Font: Bold Formatted: Font: Bold St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 15 Formatted: Font: Bold Formatted: Font: Bold RESOLUTION NO. __________07-_____010 RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2006-1500, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THE SANITARY SEWER DUMP STATION BUILDING, PROJECT NO. 2006-1500 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer, or designee, related to the construction of a sanitary sewer dump station building to be located at the Municipal Service Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding proposed Project No. 2006-1500 is hereby accepted. 2. Such improvement as proposed is necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2006-1500, is hereby established and ordered. 4. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least one week in the Construction Bulletin, an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council for award of contract. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Centered Formatted: Font: 8 pt Formatted: Indent: First line: 0.5" Formatted: Justified Formatted: Justified Formatted Table St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 16 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: BoldCity Clerk St. Louis Park Council Meeting Item: 011607 - 4e - Sanitary Sewer Dump Station Building 2006-1500 - Bid Authorization Page 17 Formatted: Font: Bold Formatted: Font: Bold RESOLUTION NO. 07-_____011__________ RESOLUTION ENTERING INTO A MULTI-AGENCY FUNDING AGREEMENT FOR THE CONSTRUCTION, AND MAINTENANCE, AND & OPERATION OF ATHE SANITARY SEWER DUMP STATION BUILDING PROJECT NO. 2006-1500 NOW, THEREFORE, BE IT RESOLVED, that the City of St. Louis Park enter into a multi-agency agreement with the Cities of Hopkins and, Edina, and the Metropolitan Council’s Environmental Services for the construction, and operation, and & maintenance of a sanitary sewer dump station to be located at the Municipal Service Center located at 7305 Oxford Street. The City’s share of the cost shall be 20 percent of the total cost for construction, operation, and maintenance. BE IT FURTHER RESOLVED, that the Mayor and City Manager are hereby authorized to execute said agreement and any amendments thereto for and on behalf of the City. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk Formatted: Tab stops: Not at 0.5" St. Louis Park Council Meeting Item: 011607 - 4f - Resolution To Purchase Vacant Tax Forfeit Parcel 2005 Louisiana Ave Page 1 4f. Motion to approve Resolution to Purchase Vacant Tax Forfeit Parcel relating to the Excess Land Sale process BACKGROUND: On December 5, 2005 the Council determined that certain parcels of vacant land should be developed for single family homes. Staff was directed to prepare these parcels for sale for the development of single family homes. The tax forfeit parcels require approval by the state and county before they could be purchased by the City; and, then re-sold as single family home sites. The state and county approved the sale of the parcel located at 2005 Louisiana Ave South in November 2006. The county had originally proposed a purchase cost of $50,000 which has been negotiated to a reduced price of $30,000. PROCESS: In January 2006, Council passed Resolutions to re-convey the tax forfeit parcels to the State for the purpose of outright purchase by the City. Since January, the County and State have reviewed the parcels, confirmed the legal descriptions, and conducted appraisals. In November 2006, the County designated the purchase cost for this parcel at $50,000. The lot was bid out by the City at $50,000, and only one bid was received for $1001. The City then provided documentation to the County that the location, traffic levels and comparison of values of surrounding parcels warranted a lower value. The County reduced the cost to $30,000, plus standard transfer costs that include Assurance Fees, State Deed Preparation Fee, Filing Fees and State Deed Tax. The Development Fund would be the funding source for this purchase, and will be reimbursed when the parcel is sold. Because this property is being sold by the County as tax forfeited property, the County is required to share the proceeds from the land sale with the City. The City’s share of the County land sale proceeds will be approximately half the purchase cost, or $15,000. The City will receive additional revenue from the sale of the parcel to an individual. The City Council action sought tonight is adoption of the resolution officially authorizing and directing staff to acquire this parcel. Since this is a tax-forfeited parcel the state official holds the legal title to these parcels. A resolution is attached for council approval. 2005 Louisiana Ave S St. Louis Park Council Meeting Item: 011607 - 4f - Resolution To Purchase Vacant Tax Forfeit Parcel 2005 Louisiana Ave Page 2 NEXT STEPS: Following approval of the resolution staff will take the following actions. • Submit the required paperwork to the state and county. The legal requirements for acquisitions of this type include: a certified copy of the City Council’s resolution directing purchase of the parcel, payment, and a cover letter stating intention to purchase. • Following the City’s purchase of the parcel, the City will QuitClaim the parcel to the St. Louis Park Housing Authority for sale to a private individual. The City Council delegated the Housing Authority with the responsibility of actual sale of the vacant parcels for single-family homes. • The Bidding/Sale process is being implemented to sell the parcel to an individual for building a single family home. • Staff will proceed with these steps upon Council approval of the attached Resolution. RECOMMENDATION: Staff recommends the City Council approve the resolution directing the purchase from the State of Minnesota of certain tax-forfeited land at: 2005 Louisiana Ave S, St. Louis Park, Minnesota. Attachment: Resolution directing the purchase from the state of MN of certain tax- forfeit land at 2005 Louisiana Ave S Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4f - Resolution To Purchase Vacant Tax Forfeit Parcel 2005 Louisiana Ave Page 3 RESOLUTION NO. 07-012 RESOLUTION DIRECTING THE PURCHASE FROM THE STATE OF MINNESOTA OF CERTAIN TAX-FORFEITED LANDS AT 2005 LOUISIANA AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, the State of Minnesota is present owner for public use of certain tax- forfeited lands located at 2005 Louisiana Ave S in the City of St. Louis Park, Hennepin County, and legally described as follows: Lots 202 and 203 Richmond 3rd Addition PID 08 117 21 12 0145 WHEREAS, the City desires to do an outright purchase of these tax-forfeited lands (the “Premises”) from the State of Minnesota at a cost to be determined by Hennepin County; and WHEREAS, the City requests acquisition of the Premises for the redevelopment of a single family home under programs administered by the St. Louis Park Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK AS FOLLOWS: (1) Staff is authorized and directed to take such steps as are necessary for the outright purchase of the property by the City of St. Louis Park at a cost of $30,000 plus standard transfer costs. (2) The Mayor, City Manager and staff are authorized to prepare and execute such documents as are necessary to accomplish the purchase. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011607 - 4g - Bid Tab Report - SCADA Replacement Approval - 2006-1800 Page 1 4g. Bid Tabulation: Motion to designate Automatic Systems Co. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $94,585.00 for the SCADA system upgrade – City Project No. 2006-1800 BACKGROUND: Bids were received on January 4, 2007 for the upgrade of the City’s Supervisory Control and Data Acquisition (SCADA) system which aids in the operation, control, and monitoring of the water supply, sanitary sewer, and storm sewer systems. An advertisement for bids was published in the St. Louis Park Sun-Sailor on December 7 and December 14, 2006. A total of four (4) bids were received for this project. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Automatic Systems Company $ 94,585.00 Telemetry & Process Controls, Inc. $ 98,355.00 Total Control Systems, Inc. $ 161,661.00 In Control, Inc. $ 175,389.00 Engineer’s Estimate $ 180,000.00 EVALUATION OF BIDS: A review of the bids by our consultant, TKDA, indicates Automatic Systems Company submitted the lowest responsible bid. This contractor has been involved with and has in-depth working knowledge of the City’s existing SCADA system and has satisfactorily completed projects in the past for the City and in this area. FINANCIAL CONSIDERATIONS: Funds for this project have been provided for in the Water Utility, Sewer Utility, and Storm Utility budgets. The cost will be divided as follows: 42.5% Water Utility, 42.5% Sewer Utility, and 15% Storm Utility. CONSTRUCTION TIMELINE: Work is anticipated to occur from February to June. Prepared By: Scott Merkley, Public Works Coordinator Reviewed By: Scott Anderson, Utilities Superintendent Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4h - Amend Contract Agreement Twin Lakes Drainage Area Study Page 1 4h. Motion to Authorize Execution of an Amendment to Contract No. 84-05 with Barr Engineering for Hydraulic and Hydrologic Study of the Twin Lakes Watershed BACKGROUND: On July 7, 2005, Contract No. 84-05 was authorized with Barr Engineering to provide professional services for a hydraulic and hydrologic study of the Twin Lakes Watershed in the amount of $49,900. At the August 14, 2006 Study Session, Staff provided the City Council with an update regarding various flooding issues and potential flood improvement projects proposed in the north part of the City (Twin Lakes Sub Watershed Area). The discussion generally covered the following: 1. Proposed flood improvement alternatives identified for Areas 10, 24, 25, and 26 (all flood problem areas previously identified). 2. An overall picture of how these problem areas are inter-connected with the greater Twin Lakes Area watershed. 3. The results of a financial evaluation of the storm water utility in relation to currently proposed and potential future projects. 4. An opportunity to review current storm water project and financing practices and to provide direction to staff for dealing with current and potential future projects. As a result of the discussion and direction provided, staff (along with Barr Engineering’s assistance), continued with moving ahead with further investigative work and initiation of flood improvement projects as feasible. This included preparation of a preliminary plan for improvements in the Dakota Park Area (Area 26), which has been found to be feasible and the project is moving forward toward a spring construction. ADDITIONAL INFORMATION: In addition to analyzing the specific project areas listed above, staff was also directed to review and utilize the hydrologic model for additional uses, including determining established flood elevations where they currently do not exist, revision of FEMA floodplain maps as appropriate, and planning for future public and private redevelopment projects. As a result, it is necessary to amend Barr’s contract to provide additional services. Additional services needed include the following: 1. Additional XP-SWMM (computer) modeling to assess the impact of a potential Novartis expansion and ponding basin, and other areas within the larger watershed area. 2. Additional topographic surveys, site visits, and computer modeling to further assess flood mitigation measures in areas 24 (2300 block areas of Edgewood and Hampshire Avenues) and Area 25 (Jersey Avenue at 28th Area). Also included with this work are preliminary cost estimates for use in determining effective use of flood grant monies and other City funds as available. St. Louis Park Council Meeting Item: 011607 - 4h - Amend Contract Agreement Twin Lakes Drainage Area Study Page 2 3. Preparation and submittal of XP-SWMM model and certified surveys/maps to FEMA for inclusion in the Hennepin County flood hazard update, including correspondence and response to FEMA comments and requests. 4. Further identification of areas / opportunities for flood plain management and water quality projects to help accommodate possible future redevelopment, long term water quality goals of the city, and possible state and federal water quality treatment requirements. FINANCIAL CONSIDERATIONS: Recent correspondence with Barr estimates the cost for this additional work at $40,026. All work performed under this contract is paid for on a time and materials basis. Expenses for these services as provided by Barr Engineering have been eligible for partial reimbursement (50%) under the City’s State of Minnesota flood grant monies and remaining costs will be funded through specific projects by a combination of General Obligation bonds and Stormwater Utility revenues. CONTRACT TERMS: The following terms are incorporated into this contract: 1. Contract terminates December 31, 2007. 2. Compensation to be based on actual work performed with a maximum contract amount of $90,000. 3. Barr has independent contractor status. 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. Attachment: Amendment No. 1 Prepared By: Scott A. Brink, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4h - Amend Contract Agreement Twin Lakes Drainage Area Study Page 3 CITY OF ST. LOUIS PARK AMENDMENT NO 1. TO CONSULTING SERVICES CONTRACT NO. 84-05 THIS AGREEMENT is made on January 16, 2007, by and between the CITY OF ST. LOUIS PARK, Minnesota, a Minnesota municipal corporation (hereinafter referred to as “City”), and BARR Engineering Company, a Minnesota corporation (hereinafter referred to as “BARR”). 1. BACKGROUND. The parties have previously entered into an agreement for consulting services dated July 7, 2005 (“Initial Agreement”). The Initial Agreement authorizes BARR to provide consulting services during 2005 at a cost not to exceed $49,900. 2. AMENDMENT. Subject to the modifications set forth herein, the Initial Agreement is extended through December 31, 2007 at a cost not to exceed $90,000. 3. SCOPE OF WORK. The Council report dated January 16, 2007, from the City Manager, describing the additional services needed is incorporated herein by reference. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. BARR ENGINEERING COMPANY CITY OF ST. LOUIS PARK By:________________________________ By:________________________________ Jeff Jacobs, Mayor Title:_______________________________ and________________________________ Thomas Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 4i - Planning Commission Minutes Of December 6, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA December 6, 2006 – 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Lynne Carper, Jerry Timian STAFF PRESENT: Meg McMonigal, Bruce DeJong, Sean Walther 1. Call to Order - Roll Call 2. Approval of Minutes of November 1, 2006 On page 1, item 3, paragraph 4, line 4, Commissioner Robertson said he thinks definition should be zoning district. Commissioner Person agreed with that clarification. Commissioner Person moved approval of the minutes of November 1, 2006 as amended. Commissioner Kramer seconded the motion. The motion passed on a vote of 4-0-1. (Commissioner Morris abstained). Commissioner Morris said the minutes of the Joint Meeting of the Planning Commission and Parks and Recreation Advisory Commission of November 1, 2006 are also being presented for approval. 3. Hearings: None 4. Other Business A. 2007-11 Capital Improvement Plan—Consistency with Comprehensive Plan Commissioner Morris commented that the attachment to the staff report stated the years 2005 thru 2009. The years should have been 2007-2011. Planning and Zoning Supervisor Meg McMonigal introduced Director of Finance Bruce DeJong. Ms. McMonigal said the CIP is consistent with the City’s Comprehensive Plan. Commissioner Kramer made a motion to find the 2007-2011 Capital Improvement Plan consistent with the City’s Comprehensive Plan. Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of 5-0. St. Louis Park Council Meeting Item: 011607 - 4i - Planning Commission Minutes Of December 6, 2006 Page 2 B. Update of Planning Commission By-Laws Senior Planner Sean Walther presented specific changes to the Planning Commission by- laws. Staff will return to the Planning Commission with the changes later for formal action. Commissioner Robertson said he would welcome a youth member and Commissioner Kramer agreed. Ms. McMonigal said that recommendation will be forwarded to the Council. The consensus of the Planning Commission favors a youth member. On behalf of the Commissioners, Ms. McMonigal will furnish a summary of the actions taken in 2006 and a work plan for 2007 to the Council. Commissioner Morris suggested providing information on the Commissioners’ attendance for the Mayor. 5. Communications A. Recent City Council Action—Nov. 6, Nov. 20, Dec. 4 Ms. McMonigal will provide an update on land sales to the Planning Commission in January. 6. Adjournment Commissioner Kramer moved to adjourn the meeting at 6:30 p.m. The motion was seconded by Commissioner Johnston-Madison. The motion passed on a vote of 5-0. Minutes prepared by, Linda Samson Recording Secretary Respectfully submitted, Nancy Sells Administrative Secretary St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 1 OFFICIAL MINUTES ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION MEETING OF AUGUST 3, 2006 ST. LOUIS PARK COUNCIL CHAMBERS MEMBERS PRESENT: Bruce Browning, Rick Dworsky, Dale Hartman, Ken Huiras, Bob Jacobson and Mary Jean Overend MEMBERS ABSENT: Rolf Peterson STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community TV Coordinator OTHERS PRESENT: Kathi Donnelly-Cohen, Comcast Director of Government Relations; Arlen Mattern, Comcast Public Affairs Administrator 1. Call to Order Chair Dworsky called the meeting to order at 7:00 PM. 2. Roll Call Present at roll call were Commissioners Browning, Dworsky, Hartman, Huiras, Jacobson and Overend. 3. Approval of Minutes for May 4, 2006 Commissioner Huiras stated in item 7d, in the third line, should read “indicated”, not “indicted”. It was moved by Commissioner Huiras, seconded by Commissioner Browning, to approve the minutes of May 4, 2006, as amended. The motion passed 6-0. 4. Adoption of Agenda Commissioner Overend requested adding item 6e, Policy to Track School District #283 Franchise for expenditures. It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to approve the agenda as amended. The motion passed 6-0. 5. Public Comment – None St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 2 6. New Business A. Transfer: Time Warner to Comcast Ms. Donnelly-Cohen, Comcast, stated the closing occurred on Monday, July 30 between Time Warner and Comcast, and they are starting to work on best practices to provide the best service possible. Notification had been sent to the City and a letter would be sent to Time Warner customers. A new letter of credit was also delivered for the City. Commissioner Huiras asked if the letter was being mailed to subscribers? Ms. Donnelly- Cohen replied yes. Commissioner Huiras asked when they would get answers to the questions that the City had presented? Ms. Donnelly-Cohen replied this was a different process and they weren’t able to work with the staff from Time Warner do a lot of planning. Commissioner Huiras asked for more information on changes for Roadrunner and other users to Comcast, can they keep the same email addresses and what support will they get? Ms. Donnelly-Cohen replied the change over would be this fall. Customers will get a letter at least 30 days in advance with instructions to go to a web site, which will walk them through the steps. The email will change to (user name).comcast.net. The address book can be uploaded and does not need to be recreated. Web pages can be uploaded and not recreated. The Comcast product is an extraordinary product with a faster speed and “Fan” features (stories, features, news, etc.). Comcast has a contract with EarthLink and their customers won’t be affected by the transfer. That contract is up for renewal and she could not say if there would be changes. Most importantly, Comcast understands that they have to communicate clearly with customers. With the transition, Emails will be automatically forwarded for a year. Commissioner Browning asked if there would be changes in equipment for consumers? Ms. Donnelly-Cohen replied that high-speed data equipment and video converters would not have to change. Commissioner Huiras asked about the cost protection for those who have special pricing with EarthLink? Ms. Donnelly-Cohen replied the contract is with EarthLink and will continue for a period of time. This will fall under the current Time Warner/EarthLink Contract and for a period of time Comcast will do the billing. When the billing starts being done for all the products by Comcast, at that point EarthLink will begin billing the EarthLink customers. Chair Dworsky asked how to change a Roadrunner Email address now? Ms. Donnelly- Cohen responded they couldn’t do it today, but would give a 30-day notice. Commissioner Browning asked if the cost structure would change? Ms. Donnelly-Cohen replied no. St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 3 Commissioner Browning indicated he had broadband only service and asked if what he had been paying presently would stay the same with Comcast? Ms. Donnelly-Cohen responded she would need to find out. There wouldn’t be rate changes until at least the end of the year. Commissioner Huiras asked if there would be a change in channel line-ups? Ms. Donnelly-Cohen replied there would be changes in late October. They would provide information to the customers. Local origination and public access channels would not change. Commissioner Jacobson asked if the City had a mission statement from Comcast? Ms. Donnelly-Cohen responded they could provide it. Mr. Dunlap added Comcast provided a letter indicating background information. Commissioner Jacobson asked if there would eventually be a price change? Ms. Donnelly-Cohen responded contracts were yearly and historically a price adjustment is done in January. Commissioner Huiras asked if the customer service numbers would stay the same? Ms. Donnelly-Cohen replied yes and it would be the same billing locations. They were changing the trucks, etc. Bills will change in September or October. Commissioner Browning asked if the online billing would change? Ms. Donnelly-Cohen replied they can pay on-line with Comcast, but there might be a different site. The direct payments will stay the same. B. Cable company customer service update Mr. Dunlap stated in past years this had been on the work plan, but last year there weren’t as many questions, so he didn’t invite extra customer service staff to this meeting. Ms. Donnelly-Cohen said they needed more employees and that a number of positions were open. Comcast set up a special web site for questions and answers, www.comcast.com\welcomemn, which was listed on the customer notice letter. Commissioner Huiras asked if the phone services would be seamless? Ms. Donnelly- Cohen replied they would send a letter and packet in the next few weeks with a battery and installation instruction. They have a battery back-up system, so the phone will work if the power goes out. Mr. Dunlap suggested they send periodic updates via Email as a way to communicate changes. Ms. Donnelly-Cohen indicated the percentage of people who use Roadrunner is not 100%, which is why they do mailings as well as send Email. St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 4 Commissioner Jacobson asked if they would still require social security numbers to identify the customer? Ms. Donnelly-Cohen replied they ask for the last four digits of the social security as a pin number. They are cognizant of security and privacy issues. A customer can make up their own pin number, but they preferred to get social security numbers. Mr. Mattern added it had been helpful when they needed to identify a person and verify identity. Commissioner Jacobson stated that customer service staff didn’t seem to know they could ask for other information other than the social security number. Commissioner Overend asked if customers could continue to use Visi.com for an Email address? Mr. Dunlap replied that was not available through the cable modem, it was available through the telephone service and wouldn’t change. Mr. Dunlap asked if the customer would see a difference on the bill or would the price descriptions and the package descriptions be basically the same? Ms. Donnelly-Cohen responded there would be an insert titled, “How to Read Your Bill” in the first bill. It was very easy to read and understand. Comcast video, high speed data and digital voice will all be on the same bill. C. Time Warner or Comcast Annual Filings Mr. Dunlap indicated the new franchise doesn’t require annual filings. It was on the agenda because it was a work plan item. They had a discussion about not having a monthly report, but he would like to discuss with the Commission information they would like to see. Commissioner Huiras suggested this be added to a future agenda. Mr. Dunlap indicated the next meeting was October 5th and Comcast may have more information. Council may decide about wireless by that time. He would let Commissioners know about alternate meeting dates. Commissioners felt they may need to hold a meeting in October (19th or 26th) and after Council met would be a better alternative. Mr. Dunlap would communicate with Commissioners about the meeting date. D. School District quarterly report Mr. Dunlap stated Charlie Fiss dropped off the report including what they had shown on Channel 14 recently. They hadn’t purchased new equipment yet from the franchise fee grant, but they would inform them when they did. They were in contact with Mr. McHugh about the studio setup and how to go forward. Commissioner Jacobson asked if there had been any contact about the equipment needed for the school studio? Mr. McHugh replied he met with Tom Marble and they were planning to get new cameras by the end of the year. He also wanted studio-configured tripods. He asked Charlie Fiss to let them know what they were thinking of because if they decided to buy replacement van cameras, perhaps they could be the same model as St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 5 the studio cameras and they could get a good deal on more. The School District had the money and could make their own decisions how to equip themselves. By January there will be set times for community use of the studio. Tom Marble, the District Technology Director, was working with Community Education. It will be a good partnership, but he was unsure how long it would be (approx. 1-2 years). Ideally they will have a community studio outside of the high school within five years. E. Policy to Track School Purchase Commissioner Overend proposed a policy be put into place because it’s an era of tight budget constraints in a rapidly changing environment. Flexibility and changes must be anticipated and must be made. She said the Telecommunications Advisory Commission wants to make sure that franchise fees to School District #283 are spent the way they expect them to be spent. She felt it was imperative to take action immediately while we are in a transition period of changing from one cable provider to another. The legality of this proposal was raised. Reg Dunlap said that the City Attorney would not have to be notified of adding a new policy, that the Commission can set its own bylaws and policies. Perhaps the input of the School District’s Director of Information Services, Tom Marble is needed to make sure the new policy is practical for the District to follow. Commissioner Overend suggested the policy include documenting valid reasoning and necessity for the requests and an explanation for implementing the franchise fees differently, if necessary, as something that would be scrutinized by the public. She recommended that a timeline for the expenditures must be included, for example, dollars received by “date”, dollars spent by “date” and to whom they were paid. Commissioner Overend suggested that the other Commissioners provide input and suggestions for a policy change. Mr. Dunlap stated the City Council meets with the Commission early in the year. Marcia Honold, Management Assistant for the City, suggested ideas for a policy be put into a report for the City Council at the next joint meeting. Commissioner Jacobson stated most schools have policies in place and some of the things the Commission does may conflict. He wants to coordinate with the School District way of monitoring funds and see how that would fit with this policy and avoid duplication or extra work. Mr. Dunlap said that Mr. Marble has in the past provided a chart showing where funding had been spent. Mr. Marble has asked him to identify when the funding gets to the District so he knew when to check for it and purchase from a particular fund. Commissioner Huiras asked if the operating grant that was given to them had to be accounted for? Commissioner Overend replied that would be addressed in the timeline for expenditures. St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 6 Commissioner Browning asked if this would apply to grants already given or subsequent grants? Commissioner Overend replied to future grants. This policy would need to go to City Council. Chair Dworsky suggested they work with the proposal and coordinate with what the School District has in place. Mr. Dunlap stated he would check with Mr. Marble about reporting requirements and make sure they weren’t creating more work. 7. Old Business A. Fiber optic ordinance report Mr. Dunlap stated he included an Email in the packets from a developer at Excelsior and Grand opposing this requirement. He plans to do more research for the next meeting. Commissioner Browning stated the email could be skewed and may not be an accurate representation. Chair Dworsky concurred and wondered if fiber was at no cost if he would have the same thoughts? Commissioner Huiras believed the question was how much it would raise the cost of the building, which had never been answered. It would not be that significant to put in a 10 base “T” instead of a standard wire and they were going to use it at some point in time and could recover the cost. Commissioner Jacobson said the Email indicated it was a substantial cost was a deterrent and because there was no interest from people he talked to. Some education was needed because people didn’t know what it was about. Chair Dworsky asked if they could find out the cost per multiple dwelling units or individual homes in other communities? Mr. Dunlap said the price range was very wide for the cost per foot comparisons of various fiber optic indoor wiring. Commissioner Browning asked if Commissioner Overend went to the meetings that were held about the fiber to the home? Commissioner Overend replied yes and had information to share. Mr. McHugh stated the developer said he was wiring all of their homes with CAT 5 and Coax. It was not clear what the advantage was of having pure fiber connection instead of going from an optical electrical interface at the side of the home or in the home 70 feet with CAT 5 to the appliance that needs the signal. He didn’t think they would diminish their capability with that short a run of CAT 5 cable versus the utility of having pure fiber optics. When he says they were already doing CAT 5 and coax and to do fiber optics, he estimates it would be $2500-2700, he could understand his reticence barring anything you can hold in your hand that clearly proves the advantage over 70 feet of fiber optics versus some other signal path. St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 7 Commissioner Browning asked if it was the final run or the run into the complex? In a multiple dwelling unit, would they bring fiber to the building and then move CAT 5 cabling through the complex from the central termination point? Chair Dworsky believed it wasn’t clear from his letter. Commissioner Browning agreed with Mr. McHugh, going with fiber from the termination point to every room in the house was not necessary and probably would be cost prohibitive. Commissioner Huiras didn’t think fiber within the home was the question, it was fiber to the home. Commissioner Browning said if there was a termination just to the building, it would be pretty cheap. Mr. McHugh replied in their statement it was estimates for a single-family home and would be internal to the home. If someone was bringing fiber to the building, it would be the signal provider, it would not be the homeowner. The homeowner would have the distribution within their dwelling. They hadn’t had anything before the Commission showing a clear advantage of 70 feet of fiber optics versus CAT 5 and coax, which this developer says he was currently putting into everything he builds. Chair Dworsky stated in the same letter he didn’t see the cost of Coax and CAT 5 and couldn’t compare. B. City wireless pilot project update and next steps Mr. McHugh indicated the wireless project was scheduled for the next City Council meeting. The staff report recommends Council approve the process to request bids for design, purchase and implementation of a wireless system. Staff hopes that there will be cost efficiencies since the initial bids are months old. With the old estimates, there was a shortfall recovering the expenses of construction and operation of the system. If the bids they receive between now and September reflect new information showing that the business plan is a good one and that there is no financial restriction going forward, that may be the news they would need to be able to go forward. The City Council will take action (approve or deny) Monday to get current estimates and see how they work with the business plan. Commissioner Browning asked with the current systems, if the data changed with foliage and had coverage areas changed? Mr. McHugh replied once the trees were fully leafed, there was re-spacing of equipment, or adjustment of the foliage. The City had some trees trimmed. That would be a factor of the costs and it would need to be fine-tuned. St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 8 Commissioner Jacobson asked the monthly project cost? Mr. McHugh replied the pricing pilot participants were getting was what they project would be the pricing going forward. Revised pricing could be part of fine-tuning the business plans when they get the reports back from the vendors. The 3 prices available are $15, $20 and $30, plus and a mandatory $5 equipment fee for a wireless bridge.. Commissioner Browning asked about the different tiers? Mr. McHugh replied the speeds range from 120 kilo bits per second to 1 megabit and 3 megabits per second. Commissioner Browning asked if the speed was impacted by the number of people connected at a given time? Mr. McHugh replied they didn’t have that information. Commissioner Jacobson asked if there was a surge of interest and people who wanted the service? Mr. McHugh replied there had been a return of 2,500 indications of interest (surveys) in the past 60 days by residents and businesses. Commissioner Jacobson believed many people did not know about the pilot. Mr. McHugh stated he was not part of the planning group. If they start the wireless service, it will not be available simultaneously because the work will be done in phases. Some people in the project area didn’t subscribe because of the nature of it being a pilot project, with no guarantee of continuing. Commissioner Huiras asked if testers were being questioned if they like it or not? Mr. McHugh replied anytime there is a point of contact with customers, they find out what the customers feelings are. C. Website update (Gov Delivery) Mr. Dunlap did a demo of Gov Delivery, which included a calendar of upcoming events and free Email updates for anyone who subscribes to the service that will tell when a specific web page has changed. He also demonstrated the Video on Demand archives available from the web site. Commissioner Browning asked how far back the archives go? Mr. Dunlap said they began with the March 20, 2006 Council meeting. Commissioner Huiras asked if there were other programs archived? Mr. Dunlap said that library was growing, including Park Perspective, “Selling Your Home in St. Louis Park” and “Putting Children First.” Commissioner Huiras suggested they put the candidate forums on the web. Mr. Dunlap noted they can easily archive anything recorded in the Council Chambers. Commissioner Huiras asked about the programs from Lenox Community Center? Mr. McHugh replied “K9” had run on the Comcast “Local on Demand” site, but had finished. The St. Louis Park Historical Society did a program called the “History of St. Louis Park,” which had a six-month run and was very popular, so they may put it back on the “Local on Demand” site. St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 9 D. Local origination programming transition update Mr. Dunlap said Clint Pires talked with the manager of the Municipal Service Center about storing the production van used for local origination, after it’s donated to the City. A workspace has been created for Scott Smith, and Facilities Maintenance will create work spaces for the 3 new “Park TV” employees in December. 8. Reports A. Complaints Commissioner Browning asked about complaints regarding having cables buried and if there was a policy when they needed to be buried? Mr. Mattern replied it depended on the time of year, it took longer in the winter. In the summer it should be done within two weeks. Commissioner Huiras asked about complaint #8, cable was out for a period of time, there was no credit involved? Does it need to be out a certain length of time? Mr. Mattern replied no credit was given. Commissioner Huiras indicated complaint #10 was from him and he hadn’t received information on how to run the DVR. The service people were sent twice and didn’t fix the issue. He had been promised the information four times and the DVR instruction channel did not work. The service technicians were independent contractors and were very bad. Mr. Mattern replied he would send the instructions. Commissioner Hartman noted his son had trouble with a DVR. Commissioner Browning asked how successful DVR boxes were and if they worked well? Mr. Mattern replied they hadn’t had a lot of trouble. If there is a problem, it usually is a signal problem, not the box. Commissioner Overend asked the charge for a DVR? Mr. Mattern replied it was the same price for any other box. There is a service price that depends on what is ordered. Commissioner Huiras noted that they added services without telling him and charged him $35 for the installation. Mr. Mattern indicated he would look at the account. Commissioner Browning asked about cable cards that plug into new TV’s? Mr. Mattern replied he had not heard about those in months. Ms. Donnelly-Cohen stated the companies are required to offer them. When they were first developed, they weren’t two-way and customers can’t use DVR and video on demand. Engineers are working on developing a new generation of cable cards. St. Louis Park Council Meeting Item: 011607 - 4j - Telecommunications Minutes Of August 3, 2006 Page 10 9. Communication from the Chair - None 10. Communications from City Staff Mr. Dunlap reported there continued to be great interest in WiFi. Clint Pires would be attending NATOA and MACTA conferences as a guest speaker. “The History of St. Louis Park” received 26 hits on Comcast’s “Local on Demand” channel 1000, and he encouraged people to look for these programs. Adjournment Commissioner Jacobson made a motion, Commission Browning seconded to adjourn at 8:22. The motion passed. Respectfully submitted by: Amy L. Stegora-Peterson Recording Secretary St. Louis Park Council Meeting Item: 011607 - 4k - Housing Authority Minutes Of November 8, 2006 Page 1 MINUTES Housing Authority St. Louis Park City Hall, Westwood Room St. Louis Park, Minnesota Wednesday, November 8, 2006 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Trinicia Hill, and Judith Moore. Commissioner Anne Mavity (arrived 5:04 p.m.) STAFF PRESENT: Shannon Bodnar, Jane Klesk, Kevin Locke, Michele Schnitker 1. Call to Order The meeting was called to order at 5:03 p.m. 2. Approval of Minutes for October, 2006 Commissioner Moore moved to approve the minutes of October 11, 2006, and Commissioner Fillbrandt seconded the motion. The motion passed 4-0. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Public Housing Assessment (PHAS) Score for Fiscal Year End March 31, 2006 Ms. Schnitker explained that the PHAS scoring system qualitatively and quantitatively measures HA’s based on objective and uniform standards. For 2006 the HA scored 90 out of 100 points, obtaining a “high performer” status. This is a 2 point increase over 2005, directly attributed to an increase in the Physical Condition portion of the score. b. Training and Resources for Individual Long-Term Success (TRAILS) Coordinator Contract Renewal Ms. Schnitker reviewed the TRAILS program and agreement amendment with the Commissioners. Commissioner Mavity moved to authorize the Executive Director to enter into an Agreement with RESOURCE, Inc. to administer the TRAILS program and provide family self-sufficiency coordinator services for the period from January 1, 2007 through December 31, 2007, at an annual cost not to exceed $22,100. Commissioner Fillbrandt seconded the motion, and the motion passed 5-0. St. Louis Park Council Meeting Item: 011607 - 4k - Housing Authority Minutes Of November 8, 2006 Page 2 c. Update to Council Rules and Procedures for Boards and Commissions Ms. Schnitker distributed a list of proposed changes to the HA bylaws for the HA Board to consider, and explained that Council recently directed staff to update rules and procedures in an effort to increase communication, expand leadership opportunities and improve processes. The proposed changes were based on the recently amended rules and procedures for boards and commissions adopted by the City Council. The Commissioners discussed several proposed revisions to the HA’s bylaws which staff will incorporate into existing bylaws and bring to the December meeting for Board approval. d. Housing Authority Agency Plan – Draft Ms. Schnitker explained that the HA has an annual plan that addresses day-to-day operations, and a five-year plan describing its mission and goals. For 2007, only the annual plan must be submitted. The HA has five residents that have offered to sit on the Resident Advisory Board and review the draft plan. A Public Hearing will be scheduled for the January, 2007 meeting, to be held at Hamilton House. 7. Communications from Executive Director a. Claims List November – 2006 The claims list for November, 2006 will be presented for ratification at the December, 2006 meeting. b. Communications 1. Monthly Report for November, 2006 2. Action Plan 3. Scattered Site Houses and Hamilton House (verbal report) 4. Draft Financial Statements – Report 8. Other 9. Adjournment Commissioner Moore moved to adjourn the meeting, and Commissioner Fillbrandt seconded the motion. The motion passed 5-0. The meeting adjourned at 6:12 p.m. Respectfully submitted, Anne Mavity, Secretary St. Louis Park Council Meeting Item: 011607 - 4l - Housing Authority Minutes Of December 13, 2006 Page 1 MINUTES Housing Authority St. Louis Park City Hall, Westwood Room St. Louis Park, Minnesota Wednesday, December 13, 2006 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Trinicia Hill, Judith Moore Commissioner Anne Mavity arrived at 5:07 p.m. Commissioner Steve Fillbrandt arrived at 5:16 p.m. STAFF PRESENT: Shannon Bodnar, Jane Klesk, Kevin Locke, Michele Schnitker 1. Call to Order The meeting was called to order at 5:03 p.m. 2. Approval of Minutes for November, 2006 Commissioner Moore moved to approve the minutes of November 8, 2006, and Commissioner Hill seconded the motion. The motion passed 3-0. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business d. Capital Fund Program Ms. Bodnar presented the five-year Capital Fund Program to the Commissioners, briefly covering potential work items for the next five years that were identified through staff analysis and property inspections. HUD awarded the HA $194,945 for the 2006 Capital Fund Program. Staff recommended continuing to work with Studio Five Architects through the next funding cycle. a. Foreclosure Program Information Ms. Larsen provided the Board information on mortgage foreclosures in St. Louis Park, of which 70 occurred during the period December 1, 2005 through November 30, 2006. b. Approval of Amended Housing Authority Bylaws, Resolution No. 553 St. Louis Park Council Meeting Item: 011607 - 4l - Housing Authority Minutes Of December 13, 2006 Page 2 Ms. Schnitker explained that the amended Bylaws are consistent with state statutes governing HAs, and in content and format with City Council’s Bylaws and rules and procedures for boards and commissions. Commissioner Moore moved for approval of Resolution No. 553, Amended Housing Authority Bylaws, and Commissioner Mavity seconded the motion. The motion passed 5-0. c. Amendment to the Housing Authority Administrative Policies – Procurement Policy, Resolution No. 554 Ms. Schnitker stated that the amended Administrative Policies and Procurement Policy are consistent with state statutes governing HAs, and in content and format with the City Council’s Bylaws and rules and procedures for boards and commissions. Commissioner Fillbrandt moved for approval of Resolution No. 554, Amendment to the Housing Authority Administrative Policies – Procurement Policy, and Commissioner Mavity seconded the motion. The motion passed 5-0. e. Public Housing Asset Management and Project-Based Accounting Ms. Schnitker explained the implementation of HUD’s new Public Housing Operating Fund Rule and new financial requirements related to Asset Management and Project-Based Accounting. HA and Finance staff are revising and/or developing financial practices to meet all of the criteria for transitioning to asset management. 7. Communications from Executive Director a. Claims List November/December – 2006 Commissioner Mavity moved to ratify the Claims List for November and December 2006, and Commissioner Fillbrandt seconded the motion. The motion passed 5-0. b. Communications 1. Monthly Report for December, 2006 2. Scattered Site Houses and Hamilton House (verbal report) 3. Draft Financial Statements – Report 8. Other 9. Adjournment Commissioner Mavity moved to adjourn the meeting, and Commissioner Fillbrandt seconded the motion. The motion passed 5-0. The meeting adjourned at 6:07 p.m. Respectfully submitted, Anne Mavity, Secretary St. Louis Park Council Meeting Item: 011607 - 4m - Police Advisory (PAC) Minutes Jan. 4, 2006 Page 1 Police Advisory Commission Meeting Minutes January 4, 2006 Chair Baum called the meeting to order at 7:02 P.M. Commissioners Present: Michael Baum, Maureen Gormley, Molly Altorfer, Kim Aune, Sharon Berry and Jim Lanenberg Staff Present: Chief Luse, Lieutenant Dreier and Ms. Stegora-Peterson I. Motion to approve the minutes was made by Commissioner Berry. The minutes were approved. II. Year-End Report to City Council Commissioner Baum met with Sub-Committee Chairs to draft the report and asked for revisions or suggestions. Commissioner Altorfer indicated she attended the Community Partnerships Sub- Committee. Commissioner Gormley stated they should add Commissioners Lanenberg and Ohliger to the Community Partnerships Committee. Chief Luse suggested the report be brought to a City Council study session on Monday, February 27th. He would confirm the date. Commissioners Baum and Gormley indicated they would attend the study session. Commissioner Baum indicated for last year’s presentation, the report was sent in advance. At the meeting they summarized the highlights and took questions. III. Creation of a Generic Presentation about the Commission Commissioner Aune reported the Block Captain Advisory Council was having their annual meeting on Tuesday, February 28th. She suggested doing a presentation about the Police Advisory Council to offer an opportunity for people to understand what they do and tell them about the sub-committees, particularly traffic. She would be doing a PowerPoint presentation. She had thought about providing information on the Citizens Academy, but was not sure of the status. Lieutenant Dreier indicated the Citizens Academy would happen; they were just not sure of the dates. Commissioner Aune indicated she would e-mail PowerPoint notes to those interserted for review and input. St. Louis Park Council Meeting Item: 011607 - 4m - Police Advisory (PAC) Minutes Jan. 4, 2006 Page 2 IV. Reappointment of Sub-Committee Chairs The Commission appointed Commissioner Altorfer as Chair of the Community Partnerships Committee and Commissioner Berry Commission Secretary. V. Sub-Committee Reports Committee Chairs had no updates. Lieutenant Dreier stated she was staff liaison for all sub-committees and to let her know when sub-committees meet. If she is unable to attend, she will send someone else. Commissioner Aune noted her sub-committee had submitted their year-end report. VI. Meeting adjourned The meeting adjourned at 7:32 P.M. St. Louis Park Council Meeting Item: 011607 - 4n - Police Advisory (PAC) Minutes March 1, 2006 Page 1 Police Advisory Commission Meeting Minutes March 1, 2006 Chair Baum called the meeting to order at 7:04 pm. Commissioners Present: Kim Aune, Michael Baum, Sharon Berry, Karen Bream, Maureen Gormley, Jim Lanenberg and Cal Ohliger Staff Present: Chief Luse, Lieutenant Dreier and Ms. Stegora-Peterson I. Motion to approve the minutes was made by Com. Gormley. Commissioner Gormley indicated in item #2, paragraph three should read “…Commissioners Lanenberg and Berry to the Citizens Academy Committee.” The minutes were approved, as amended. II. Sub-Committee Reports Police Citizens Academy – A meeting was held to set the dates, which will be published in the Sun Sailor and Park Perspective. Lieutenant Dreier stated the dates would be April 18th and September 12th, each with five sessions. Commissioner Gormley encouraged Commissioners to attend and indicated one Commissioner should commit to attend each session. Public Relations – Ideas were submitted for Channel 17 programming and “Chat with the Chief.” Topics included: traffic, disaster preparedness, identity theft, DARE, drug enforcement, Citizens Academy, highlighting successes of the Police Department, etc. Lieutenant Dreier indicated they met with Reg Dunlap, Civic TV Coordinator, regarding the format and topics. They will do filming in the field with officers. Topics will be Traffic in spring and DARE at the beginning of the school year. Topics of Domestic violence and Meth would be scheduled for summer and winter. There will also be a presence in the Park Perspective. Traffic – Chief Luse indicated he met with the Public Works Director and City Manager and they requested that a Public Works staff member participate in the meetings. St. Louis Park Council Meeting Item: 011607 - 4n - Police Advisory (PAC) Minutes March 1, 2006 Page 2 III. Report by Commissioners Baum and Gormley of the Year-End Review with the City Council Commissioner Baum reported that he, Commissioner Gormley, Chief Luse and Lieutenant Dreier attended a City Council meeting and presented the Commissions upcoming agenda, which went very well. The Mayor suggested a community partnership and that they work with the Human Rights Commission to work with different groups in the City. They also discussed the Commissions focus on traffic. One of the Councilmember’s expressed a concern if it was appropriate for traffic to be a focus of the Commission, but they were able to work through that. Chief Luse added that the Council wanted to include under represented groups. Councilmember’s also agreed traffic was very important. Commissioner Baum indicated they received the City Council’s endorsement to continue with the traffic initiative. Council believed they were doing a good job and thanked them for their role in getting a DARE Officer in the school. Chief Luse stated the Council was interested in the academy. They know what this Commission is doing and are pleased with the work they are doing. IV. Other Business Commissioner Baum indicated a new Commissioner had been appointed, Richard Markgraf, who has a background in public relations and advertising. Chief Luse added the Council has done more interviews and had identified two more candidates. Commissioner Baum stated Commissioner Aune sent an outline of a Power Point presentation about the Commission and what they do. He requested the Public Relations sub committee review it and thanked Commissioner Aune for her work, it will be a good tool. Chief Luse stated all Commissioners should have a copy of the By-laws. If not, contact him. All new Commissioners receive a copy of the By-laws along with other relevant information. V. Meeting Adjourned The meeting adjourned at 7:25 pm. St. Louis Park Council Meeting Item: 011607 - 4o - Police Advisory (PAC) Minutes May 3, 2006 Page 1 Police Advisory Commission Meeting Minutes May 5, 2006 Vice Chair Gormley called the meeting to order at 7:00 pm. Commissioners Present: Molly Altorfer, Kim Aune, Sharon Berry, Karen Bream, Maureen Gormley, Dick Markgraf, Cal Ohliger, Jim Smith and Hans Widmer Staff Present: Chief Luse, Lieutenant Dreier, Andy Willenbring and Ms. Stegora-Peterson I. Welcome new members – introductions II. Presentation of new dispatch system Andy Willenbring, Lead Dispatcher, reported on the installation of an 800 MHz dispatch system. It is part of the Hennepin County Regional system and all radios will be able to communicate. It allows increased service and a wide range of service area. This is only in the Metro area at this time, but anticipated to be state wide at some point. It has the ability to show who is calling and their location. The system is costly, but worth the expense. Radio channels are programmed for the various users (i.e. Police, Fire, etc.). Chief Luse noted the old system was degrading and required replacement. The St. Louis Park Police partner with the City of Golden Valley who will share the cost. There have been incidents around the country where better communication could have made a difference and the systems were unable to communicate. Much of this is funded legislatively. Mr. Willenbring indicated the system allows better communication and has multiple back ups. III. Motion to approve the minutes was made by Com. Berry, seconded by Com. Altorfer. The minutes were approved as presented. IV. Review of upcoming summer events Lieutenant Dreier reported on: 1) Children’s First Ice Cream Social – Sunday, May 21, 2:00 – 5:00 pm. Com. Aune would be attending. 2) Parktacular Parade – Saturday, June 17th at Noon. It was noted that the block captains would be unable to attend due to conflicts. 3) Block Captain’s Picnic – Tuesday, July 18th at 6:00 pm. This will potentially be held at Oak Hill Park. St. Louis Park Council Meeting Item: 011607 - 4o - Police Advisory (PAC) Minutes May 3, 2006 Page 2 4) National Night Out – Tuesday, August 1st Lieutenant Dreier suggested Commission members become involved with parties in their neighborhoods. Com. Gormley stated if Commissioners wanted to participate in the events, they should email Lieutenant Dreier. Items three and four can be discussed further at the next meeting. V. Committee reports a. Community Partnerships – Com. Altorfer reported they would like to have more members on the committee. They were transitioning from fund raising done in 2005 to identifying access points (groups) within minority communities to discuss the Police culture and the role of the Police, and how they can work together. They will work on this at community events, in ELL classes and also plan to partner with the Human Rights Commission, as well as the Citizens Academy. Com. Gormley reviewed the committees and indicated new members should let Com. Baum know what they are interested in becoming involved with. b. Police Citizens Academy – Lieutenant Dreier attended a meeting and there were approximately 17 new members. They will have a break in the summer and will do another session in the fall. They will have a simulated use of force training. c. Traffic – Com. Bream reported they were trying to schedule a meeting with the City Engineer regarding street design and traffic impact. Com. Gormley felt that education was an important piece. They were going to research best practices and look at other communities that have been successful in this area and how they deal with traffic. d. Public Relations – Lieutenant Dreier met with Reg Dunlap who will film a program for cable. They needed to come up with a new name. Mr. Dunlap suggested having Chief Luse do a segment at the beginning of the program and then Brian Flaherty doing a simulated traffic incident. The first program will be traffic, followed by either domestic violence or drugs, with the DARE program done in the fall when kids return to school. Com. Markgraf suggested doing a program that could be utilized for other functions. Lieutenant Dreier indicated Mr. Dunlap would advertise the programs and they would be repeated. Chief Luse indicated the City Council would like to see the PAC have a liaison relationship with the Human Rights Commission. Regarding traffic, some areas have legitimate traffic issues, but there needed to be more communication, which was an area that the Commission could help with. They did not want to dismiss resident concerns and wanted people to feel safe. St. Louis Park Council Meeting Item: 011607 - 4o - Police Advisory (PAC) Minutes May 3, 2006 Page 3 Chief Luse expressed concerns about methamphetamine issues and believed they needed to understand the issues and the threat to the society. This was discussed at a recent conference and related to high school drop out rates. In time this will lead to increased crime and St. Louis Park will not be immune to it. VI. The meeting adjourned at 7:47 pm. St. Louis Park Council Meeting Item: 011607 - 4p - Police Advisory (PAC) Minutes Sept. 6, 2006 Page 1 Police Advisory Commission Meeting Minutes September 6, 2006 Chair Baum called the meeting to order at 7:01. Commissioners Present: Michael Baum, Maureen Gormley, Kim Aune, Jim Lanenberg, Jim Smith and Hans Widmer Staff Present: Chief Luse, Lt. Dreier, Lt. Harcey and Ms. Stegora-Peterson I. Motion to approve the minutes was made by Com. Gormley, seconded by Com. Smith. Commissioner Widmer noted changes in item II (change “starts” to “continues”). Chair Baum indicated in item IV, Commissioner Markgraf is a member of the Public Relations Committee. The minutes were approved as amended. Chair Baum indicated Karen Bream had resigned. He would call Commissioners who had not been attending and possibly send a letter. Lt. Dreier indicated she would send out Commission By Laws, which list attendance policies. Chair Baum reminded Commissioners to call if they would be absent. If there are two unexcused absences in a year, a Commissioner can be removed. Chief Luse stated he would ask Marcia Hanold to include the By Laws for new commissioners with their letter of appointment. II. Update from Sub-Committees Police Citizens Academy – Com. Gormley stated the Academy is scheduled to begin September 12th. Commissioners should volunteer to attend one of the sessions. It was noted Commissioners Widmer and Smith are enrolled in the academy. Com. Gormley reported she attended a Somali forum organized by the Human Rights Commission (HRC). They broke into small groups and discussed what they liked and disliked about living in St. Louis Park. The people involved felt very safe living in St. Louis Park, which spoke volumes about the police department. One resident present felt targeted by the police. St. Louis Park Council Meeting Item: 011607 - 4p - Police Advisory (PAC) Minutes Sept. 6, 2006 Page 2 Chief Luse indicated this goes to the Council’s request that the PAC connect to the HRC. He assumed there would be more forums. Some people present didn’t feel safe in Minneapolis. Others had struggles with housing issues. The Council is looking at rental properties now. The Council has envisioned a connection between the PAC and HRC. Chair Baum suggested the Community Partnership Committee take the lead on the connection with the HRC. Lt. Dreier indicated the HRC meets the third Tuesday of each month at 7:00 PM in the Westwood Room. Com. Aune volunteered to attend the meeting in September and Chair Baume would attend in October. Public Relations – Lt. Dreier noted that the first edition of Roll Call was out. The next topic will be DARE. She would send a schedule to commissioners. Community Partnerships – Chair Baum stated Com. Aune agreed to Chair the Community Partnership Sub Committee. Traffic – Com. Widmer volunteered to chair the Traffic Committee. Chief Luse reported the City of Edina had hired a consultant and would be holding a meeting regarding traffic issues. It is a big issue and they need to look at the big picture. There are the same issues everywhere. He hoped for the Commission’s insight on a policy. Traffic issues will not go away. III. Golf Tournament Fund Raiser for PD Crime Fund Chair Baum stated they made a valiant effort for the Police Department Crime Fund, but couldn’t generate enough interest. There was a nice article in the Sun Sailor. He asked if the Commission would like to make this an action item for 2007 and the Commissioners present agreed. Com. Smith volunteered to chair a sub committee. Chair Baum noted donations had been received from Park Tavern and Bunny’s and those could be used next spring. He would also be a part of the sub committee. Chief Luse indicated Rotary members were interested in donating to the fund and being involved. Parks and Recreation could also help schedule a golf course. St. Louis Park Council Meeting Item: 011607 - 4p - Police Advisory (PAC) Minutes Sept. 6, 2006 Page 3 IV. Other Business Chief Luse stated the City Council had been interviewing members for Commissions and were aware of the vacant positions. There should be new members soon. Lt. Dreier would be meeting about Boards and Commissions with Ms. Hanold and would discuss this and mailing By Laws. Chief Luse reported they hired a CSO Cadet. They had also done some reorganization. Senior staff had been reshuffling administrative duties. Lt. Dreier would be overseeing plain-clothes officers and the transition would be over the next few months. Chief Luse indicated they were involved in the budget process. The Junior High Liaison is great, but there is a significant amount of cost beyond the staff person; the golf tournament would help. The Council is talking about an ordinance to regulate rental properties with a more participative relationship with the Police Department, Inspections and property owners. There was a joint study session with St. Louis Park and Hopkins City Councils. The Police Department talked about issues including rental properties. They are interested in regulating behavior and want to work with Hopkins. Most renters are good people. The Police Department has teams at Meadowbrook and Louisiana Court. National Night Out went well despite the rain. The Police Department is working on getting graffiti and tagging cleaned up. They also need to pay attention to what the graffiti is. They also need to prepare because there is an increasing gang problem in Minneapolis. The Commission should also think about this. V. The meeting adjourned at 7:43 pm. St. Louis Park Council Meeting Item: 011607 - 4q - Police Advisory (PAC) Minutes Nov. 1, 2006 Page 1 Police Advisory Commission Meeting Minutes November 1, 2006 Vice Chair Gormley called the meeting to order at 7:01pm. There was no quorum. Commissioners Present: Maureen Gormley, Jim Smith and Hans Widmer Staff Present: Chief Luse, Lieutenant Harcey and Ms. Stegora-Peterson I. Motion to approve the September 6, 2006 PAC minutes was made by Commissioner Smith, seconded by Commissioner. Because there was no quorum, the minutes could not be approved. Commissioner Gormley indicated Sharon Berry had submitted her resignation. II. Election of 2007 officers Commissioner Gormley believed Michael Baum did not want to serve as Chair in the next year. They would need to appoint both a chair and vice chair. Commissioners had not received a copy of By-laws to review. Lt. Harcey stated Ms. Hanold was working on a checklist for new Commissioners and revised By-Laws. He could provide copies. Chief Luse noted the term of the chair was being limited to one-year and suggested this discussion be tabled to the January meeting. Discussion on this item was table to the January meeting. The following dates were agreed upon for 2007 meetings: January 3, March 7, May 7, July 11, September 5 and November 7. III. Fill sub-committee chair positions for 2007 Chief Luse agreed to send an Email to Commissioner Baum regarding contacting Commissioners about attendance. Discussion on this item was table to the January meeting. IV. End of the year report to the Council Chief Luse indicated this would be due in mid February to March and could be discussed further at the January meeting. It would recap 2006 and include plans for 2007 for Sub- committees and the direction the Commission was going. It will be scheduled for a City Council Study Session meeting when the report is done. St. Louis Park Council Meeting Item: 011607 - 4q - Police Advisory (PAC) Minutes Nov. 1, 2006 Page 2 Commissioner Gormley noted some Commissioners needed to get nametags. Lt. Harcey would look into that. Chief Luse indicated they were working on the transition and wanted to standardize the process for the City’s commissions. V. Other Business Chief Luse stated the City struggled with snow emergencies and tagging and towing. With the first snowfall, they would like to get feedback from the Commission on how streets are being cleared and if cars are getting out of the way. There are a lot of cars in the streets and the streets are narrow. There is a snow alert protocol. They notify the news and put information on the web site. If there is 3” of snow, residents need to get cars off of all streets. They are working on a more cooperative partnership with Public Works to find a “happy medium”. They don’t want the perception that this is to generate revenue, but wanted to make sure plows can clean the streets from curb to curb. Commissioner Widmer suggested they begin to prepare residents and post information on Ch. 17. Chief Luse added it could be put in the city newsletter. Commissioner Gormley asked if the city had an automated calling system or sends Email when streets need to be plowed? Chief Luse replied no, but it could be a possibility. The City had j ust hired a new communications director and new staff and wanted to do better in that regard. Commissioner Widmer asked how the cable television show had been going? Chief Luse replied they did one a month ago and it seemed to go well. They were waiting for the next installment. They had gotten some positive feedback. Chief Luse stated traffic remained a big issue. Commissioner Widmer indicated he was now chairing the Traffic sub-committee and was unsure what steps to take. Chief Luse believed the volume of traffic had increased. The Police Department has used the speed trailer to collect data and will monitor stop signs. They needed to work cooperatively. Traffic impacted quality of life negatively and they needed to determine how to deal with that. Edina is working on a traffic study and cut through traffic. That might be something the sub-committee should become involved with and join in those discussions. They need to define the problems to be solved. VI. The meeting adjourned at 7:25 pm. St. Louis Park Council Meeting Item: 011607 - 4r - Park And Recreation Minutes Of Nov. 1, 2006 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION MEETING Wednesday, November 1, 2006 City Hall 6 p.m. Joint meeting with Planning Commission (minutes attached) 1. Call to Order Chair Tom Worthington called the meeting to order at 7:01 p.m. Commission members present: George Foulkes, George Hagemann, Steve Hallfin, Kirk Hawkinson, Lauren Webb-Hazlett and Tom Worthington. Staff present: Cindy Walsh, Director of Parks and Recreation; Rick Beane, Park Superintendent; and Stacy Voelker, Recording Secretary. 2. Presentations: Soccer Association was unable to attend. Potential reschedule in December. * 3. Approval of Minutes • September 20, 2006 It was moved by Commission member Mr. Hallfin to approve as presented, seconded by Commission member Mr. Hawkinson. The motion passed 6-0. 4. New Business a. Review and discuss updates to the Council’s Rules and Procedures for Boards and Commissions Ms. Walsh briefed members on updated rules and procedures for Boards and Commissions. Commission reviewed and discussed rules and procedures. Members indicated if they do any part-time or contractual work for the City, they will advise Cindy to see if a conflict of interest (as stated under Section D). Ms. Walsh will discuss with Mr. Harmening. Mr. Worthington indicated he will be termed out as Chair and advised George Foulkes was Vice Chair. Mr. Worthington inquired who would be interested the in position of chair. Members discussed. Mr. Worthington moved to nominate Mr. Foulkes as Chair and Mr. Hallfin as Vice Chair effective 1/1/07; Mr. Hawkinson seconded. Motion passed 6-0. St. Louis Park Council Meeting Item: 011607 - 4r - Park And Recreation Minutes Of Nov. 1, 2006 Page 2 Ms. Voelker distributed the 2006 goals list for review and assistance in discussing goals for 2007. Ms. Walsh recommended reviewing and contacting staff with ideas for goals. Mr. Worthington asked members to e-mail or call Ms. Voelker or Ms. Walsh. 5. Old Business a. Commissioners’ Appreciation Lunch Ms. Walsh and Mr. Beane indicated staff graciously appreciated the luncheon with 100% attendance. Members were pleased with attendance and luncheon. 6. Communications a. Chair None. b. Commissioners Mr. Hagemann indicated the goals from the vision groups were officially submitted. There are a lot of ideas and many that would like to be done in 2007. c. Program Report Mr. Beane indicated Aquila fields have been upgraded. Staff is upgrading one field per year with new curbs, fencing, and fence height increased. The Aquila building will also be upgraded with a new roof, a new entrance, ADA compliant, all of which are similar to other park buildings. This project is scheduled to begin in winter. d. Directors Report Ms. Walsh advised the department added a railing for safety on the trail that connects Lynn Avenue off 28th Street to the synagogue. The department will plow as close to railing as possible. 7. Adjournment The meeting adjourned at 7:30 p.m. It was moved by Commission member Mr. Foulkes to adjourn, seconded by Commission member Mr. Hawkinson. The motion passed 6-0. Respectfully submitted, Stacy Voelker Administrative Secretary St. Louis Park Council Meeting Item: 011607 - 6b - Modification Of Park Center TIF Dist Page 1 6b. Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Plans for the Park Center Boulevard Housing, Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. This report considers a resolution adopting a modification to the Redevelopment Plan for Redevelopment Project No. 1 and a modification to the Tax Increment Plans for the Park Center Boulevard Housing, Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. Recommended Actions: Mayor to close Public Hearing. Motion to approve the resolution adopting the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Modification to the Tax Increment Plans for the Park Center Boulevard Housing, Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. BACKGROUND: On May 1, 2006 the City Council approved an agreement with PPL Louisiana Court Limited Partnership that provided a $400,000 deferred loan to fund needed capital improvements to the Louisiana Court assisted housing development. Of this amount, $131,000 in tax increment funds was to come from the Park Center Blvd. Housing TIF District (pertaining to the Parkshore Assisted Living facility). In order to use TIF funds for the loan, the Park Center Blvd. Housing TIF District Plan needs to be modified. By state statute, TIF Plans can only be modified with the approval of both the City Council and the appropriate Authority. In addition, staff and the EDA’s financial consultant, Ehlers & Associates have determined that modifications need to be made to the budgets of the Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. Currently, the budgets for these three TIF districts are combined within one TIF plan. The Office of the State Auditor prefers that each TIF district plan contain its own TIF budget. Generally, the proposed modifications include separating the budgets for each district from the previously adopted combined budget and confirming the expected decertification dates. In order to make these proposed modifications a formal public hearing is required. For efficiency purposes it made sense to consider these modifications concurrently with the proposed modification to the Park Center Bvld TIF District. TIF DISTRICT APPROVALS: At its meeting on December 4, 2006, the City Council set a public hearing date of January 16, 2007 to consider the modification of the of the Park Center Blvd Housing, Excelsior Boulevard, Oak Park Village, and Highway 7 Tax Increment Financing Districts. On January 3rd, the Planning Commission reviewed the proposed TIF Plan Modifications of the Park Center Blvd Housing, Excelsior Boulevard, Oak Park Village, and Highway 7 Tax Increment Financing Districts and found them in conformance with the city’s Comprehensive Plan. Attached is a copy of the Modified TIF Plans for the Park Center Blvd Housing, Excelsior Boulevard, Oak Park Village, and Highway 7 Tax Increment Financing Districts. St. Louis Park Council Meeting Item: 011607 - 6b - Modification Of Park Center TIF Dist Page 2 RECOMMENDATION: The proposed Modifications to the Park Center Blvd Housing, Excelsior Boulevard, Oak Park Village, and Highway 7 TIF District Plans and accompanying resolution were prepared by the EDA’s financial and legal consultants in consultation with staff. Staff recommends approval of the attached resolution approving the Modifications to the Park Center Blvd Housing, Excelsior Boulevard, Oak Park Village, and Highway 7 TIF District Plans as presented. Attachments: • Resolution • Modified TIF Plans for the Park Center Blvd Housing, Excelsior Boulevard, Oak Park Village, and Highway 7 Tax Increment Financing Districts Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 6b - Modification Of Park Center TIF Dist Page 3 CITY OF ST. LOUIS PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 07-004 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLANS FOR THE PARK CENTER BOULEVARD HOUSING, EXCELSIOR BOULEVARD, OAK PARK VILLAGE AND HIGHWAY 7 TAX INCREMENT FINANCING DISTRICTS. BE IT RESOLVED by the City Council (the "Council") of the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board") of the St. Louis Park Economic Development Authority (the "EDA") has heretofore established Redevelopment Project No. 1 and adopted a Redevelopment Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Redevelopment Plan for Redevelopment Project No. 1 (the "Redevelopment Plan Modification") and a Modifications to the Tax Increment Financing Plan s(the "TIF Plan Modifications") for the Park Center Boulevard Housing, Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts (the "Districts") therefor (the Redevelopment Plan Modification and the TIF Plan Modifications are referred to collectively herein as the ''Modifications"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Modifications and has caused the Modifications to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of the Hennepin County and Independent School District No. 283 having taxing jurisdiction over the property included in the District, a review of and written comment on the Modifications by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of Redevelopment Project No. 1. 1.05. The City is clarifying the budgets for the Excelsior Boulevard, Oak Park Village and Highway 7 TIF Districts and identifying future uses for the tax increment generated by the Park Center Boulevard District. St. Louis Park Council Meeting Item: 011607 - 6b - Modification Of Park Center TIF Dist Page 4 Section 2. Findings for the Tax Increment Financing Plan Modification. 2.01. The Council hereby finds that the Modifications, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Modifications, which are hereby incorporated herein. Section 3. Findings for the Modifications of the Districts. 3.01. The Council hereby finds that the Districts and the modified Plans are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for redevelopment in the public purpose and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. 3.02 The Council reaffirms its findings of October 7, 1996, that the Park Center Boulevard Tax Increment Financing District is a housing district under Minnesota Statutes, Section 469.174 subd. 11; its finding of February 7, 1977, that the Excelsior Boulevard Tax Increment Financing District is a redevelopment district under Minnesota Statutes, Section 469.174, subd. 10; its finding of November 6, 1972, that the Oak Park Village Tax Increment Financing District is a redevelopment district under Minnesota Statutes, Section 469.174, subd. 10; and its finding of April 15, 1985, that the Highway 7 Tax Increment Financing District is a redevelopment district under Minnesota Statutes, Section 469.174, subd. 10. 3.03. The Council hereby reaffirms its findings that the developments and redevelopments proposed in the modified Tax Increment Financing Plans and the modified Redevelopment Plan, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future, that the modified Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the modified Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the Park Center Boulevard, Excelsior Boulevard, Oak Park Village, and Highway 7 Tax Increment Financing Districts by private enterprise. 3.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.05. The Council hereby reaffirms its election of April 15, 1985, (for the Highway 7 Tax Increment Financing District) to calculate fiscal disparities for the Highway 7 Tax Increment Financing District in accordance with Minnesota Statutes, Section 469.177, subdivision 3, clause a, which means the fiscal disparities contribution is not taken from within the District. St. Louis Park Council Meeting Item: 011607 - 6b - Modification Of Park Center TIF Dist Page 5 Section 4. Public Purpose 4.01. The adoption of the Modifications conforms in all respects to the requirements of the HRA Act, the EDA Act, and the TIF Act and will help fulfill a need to redevelop an area of the State of Minnesota which is underutilized and blighted, and that the adoption of the TIF Plan will preserve and enhance the tax base of the City and the State because it will facilitate the development and redevelopment of an area with obsolete land use and occupied by substandard buildings and create new housing and commercial uses. The City expressly finds that any private benefit to be received by developers is incidental, as the assistance is only provided to remedy the conditions that impair the development potential of the site and only in the amount necessary to carry out that purpose. That is, the tax increment assistance is necessary to produce the public benefits described above. Therefore, the City finds that the public benefits of the Plans exceed any private benefits. Section 5. Approval and Adoption of the Modifications; Filing. 5.01. The Modifications are hereby approved, and shall be placed on file in the office of the City Clerk. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 5.02. The staff of the City is authorized to file the Modifications with the Commissioner of Revenue, the Office of the State Auditor and the County of Hennepin Auditor. 5.03. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. Reviewed for Administration: Adopted by the City Council January 16, 2007 _________________________________ ____________________________________ City Manager Mayor ATTEST: __________________________________ (Seal) City Clerk As of January 9, 2007 Draft for Public Hearing MODIFICATIONS TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR THE EXCELSIOR BOULEVARD TAX INCREMENT FINANCING DISTRICT The City of St. Louis Park Hennepin County City of St. Louis Park, Minnesota Public Hearing: January 16, 2007 Adopted: Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive Roseville, Minnesota 55113-1105 Phone: (651) 697-8500 Fax: (651) 697-8555 E-mail: info@ehlers-inc.com Web Site: www.ehlers-inc.com City of St. Louis Park, Minnesota Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for the Excelsior Boulevard Tax Increment Financing District (AS MODIFIED JANUARY 16, 2007) Introduction The following text represents a modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plan for the Excelsior Tax Increment Financing District. The modified Redevelopment Plan and Tax Increment Financing Plans represent a continuation of the goals and objectives set forth in the original Redevelopment Plan and Tax Increment Financing Plans. Generally, the substantive changes include separating the budgets for each district from the previously adopted combined budget and to confirm decertification dates. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 dated March 19, 1990 and subsequently modified on April 1, 1996; the Tax Increment Financing Plan for the Excelsior Boulevard Tax Increment Financing District dated February 7, 1977 and subsequently modified on December 17, 1984, March 19, 1990, October 7, 1996, September 2, 1997 and September 21, 1999; the Tax Increment Financing Plan for the Oak Park Village Tax Increment Financing District dated November 6, 1972 and subsequently modified on March 19, 1990, October 7, 1996 and September 2, 1997; and the Tax Increment Financing Plan for the Trunk Highway 7 Tax Increment Financing District dated April 15, 1985 and subsequently modified on November 7, 1988, July 24, 1989, March 19, 1990, October 7, 1996, September 7, 1997 and August 2, 2004; is recommended. Subsection 1.3. Statutory Authority See also the Statutory Authority found in Subsection 1.3 of the Redevelopment Plan for Redevelopment Project No. 1, dated March 19, 1990. Subsection 1.4. Statement of Objectives See also the Statement of Objectives found in Subsection 1.4 of the Redevelopment Plan for St. Louis Park Redevelopment Project Area, dated March 19, 1990. Subsection 1.5. Estimated Public Costs (As Modified October 7, 1996) The estimate of public costs associated with the tax increment district are amended to include the following costs: Excelsior Boulevard Streetscape Project 5,500,000 Recreation Center Improvements 10,000,000 Livable Communities Site Assembly Activities 27,500,000 Administrative 4,750,000 TOTAL $47,750,000 The City may incur obligations such as revenue notes, purchase agreements, or inter-fund loans. Any interest on such obligations are hereby added to the above listed estimate of costs. Uses Land 33,000,000 Site 3,500,000 Public Utilities 1,895,000 Parking facilities 6,000,000 Streets and sidewalks 8,000,000 Public park 365,000 Refunding escrow 3,900,000 Bond Interest 9,000,000 Admin 5,300,000 Advance to developer 300,000 Remediation payments 6,000,000 Hazardous substance 1,000,000 Other pooled debt 18,965,000 Referendum payment 3,830,000 Other 5,900,000 Total Project Expenditures 106,955,000 Transfer out 16,875,000 Bond Principal 33,000,000 (As Modified September 2, 1997) The estimate of public costs associated with the tax increment districts are amended to include the following costs: Reilly Tar Site Clean-up activities $7,250,000 (Oak Park Village) Wolfe Park Redevelopment 2,500,000 (Excelsior Boulevard) TOTAL 9,750,000 Also, the October 7, 1996 budget modification listed “Liveable Communities Site Assembly Activities” which should be amended to read “Town Center Project Activites” as follows: Town Center Project (Including: site assembly, town square development, bridge and roadway improvements, and infrastructure improvements.) The City may incur obligations such as revenue notes, purchase agreements, or inter-fund loans. Any interest on such obligations are hereby added to the above listed estimate of costs. (AS MODIFIED JANUARY 16, 2007) Currently under consideration for the Districts is a modification which would create a separate budget for each district and to confirm certain dates . The EDA and City have determined that it will be necessary to provide assistance to the project for certain costs. To facilitate the development or redevelopment within the Districts, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with each District are outlined in the following tables. Excelsior Boulevard The other financing uses listed above is included for purposes of OSA reporting for the TIF Districts. It is not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. TIF is expected to be used for the project costs listed above, which is a not-to-exceed budget rather than an expected budget of costs. Sources Tax increment 60,000,000 Interest 8,500,000 Market Value Homestead 500,000 Sales/Lease proceeds 4,300,000 Developer reim 500,000 HRA 8,000,000 Grants 400,000 Other 100,000 Other reimbursements 6,700,000 Escrow agent 3,830,000 Total Project Revenues 92,830,000 Transfer In 31,000,000 Bond proceeds 33,000,000 Pursuant to MN Statute 469.175 Sub 1 (5), it is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments from the Excelsior Boulevard Tax Increment Financing District, will equal $106,955,000 For purposes of OSA reporting forms, it is estimated that the cost of improvements, including financing which will be paid for with tax increment will equal $156,830,000 as is presented in the budget above . Estimated costs associated with the Districts are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budgets above pursuant to the applicable statutory requirements. . Sources of Revenue/Bonded Indebtedness The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by one or more pay-as-you-go notes. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness for the Excelsior Boulevard Tax Increment District, including general obligation (GO) TIF bonds, pay-as-you-go notes or other indebtedness by tax increments, will not exceed $33,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $16,875,000 in transfers out will be financed with tax increment revenues. Excelsior Boulevard The sources listed above is included for purposes of OSA reporting for the TIF Districts. It is not intended to be cumulative. Transfers are included should funds be required to be moved from one fund to another before an expenditure. Subsection 1.6. Estimated Amount of Bonded Indebtedness (As Modified October 7, 1996) The City may issue a revenue bond, general obligation bond, or other type of obligation in one or more series to finance any or all of the total estimated public costs authorized to be paid under Subsection 1.5 of this modification, but not to exceed $47,750,000, plus any interest costs. Subsection 1.9. Parcels To Be Acquired in Whole or in Part Within the Redevelopment Project No. 1 (As Modified October 7, 1996) Properties identified for potential acquisition by the City are modified to include the following parcels (properties between Quentin and Monterey along the north side of Excelsior Boulevard): Excelsior Boulevard 4500 06-028-24-43-0074 (commercial) 4501 07-028-24-12-0047 “ 4504 06-028-24-43-0075 “ 4509 07-028-24-12-0048 “ 4510 06-028-24-43-0076 “ 4514 06-028-24-43-0077 “ 4520 06-028-24-43-0078 “ 4530 07-028-24-12-0170 “ 4600 07-028-24-12-0174 “ 4601 07-028-24-12-0049 “ 4608 07-028-24-21-0116 “ 4611 07-028-24-12-0050 “ 4615 07-028-24-12-0051 “ 4617 07-028-24-12-0052 “ 4637 07-028-24-21-0009 “ 4700 07-028-24-21-0255 “ 4701 07-028-24-21-0011 “ 4725 07-028-24-21-0012 “ 4730 07-028-24-21-0251 “ 4800 07-028-24-21-0250 “ 4801 07-028-24-21-0252 “ 4808 07-028-24-21-0107 “ 4811 07-028-24-21-0015 “ 4814 07-028-24-21-0108 “ 4816 07-028-24-21-0109 “ 4820 07-028-24-21-0117 “ 4821 07-028-24-21-0016 “ 4825 07-028-24-21-0017 “ 4900 07-028-24-21-0002 “ 4901 07-028-24-21-0031 “ 4907 07-028-24-21-0032 “ 4911 07-028-24-21-0033 “ 4916 07-028-24-21-0004 “ 4920 07-028-24-21-0005 “ 4950 07-028-24-21-0006 “ 4951 07-028-24-21-0253 “ 5000 07-028-24-22-0032 “ Monterey Drive 3730 06-028-24-43-0080 (residential) Natchez Avenue S. 3724 06-028-24-34-0002 (residential) 3732 06-028-24-34-0003 “ 3736 06-028-24-34-0004 “ 3744 06-028-24-34-0005 “ Ottawa Avenue S. 3737 06-028-24-34-0016 (residential) 3742 06-028-24-34-0008 “ 3743 06-028-24-34-0007 “ 3750 06-028-24-34-0009 “ 3754 06-028-24-34-0010 “ 3755 06-028-24-34-0006 “ Princeton Avenue S. 3800 07-028-24-21-0099 (residential) 3801 07-028-24-21-0098 (open space) 3804 07-028-24-21-0254 (residential) 3951 07-028-24-21-0112 38th Street W. 4545 06-028-24-43-0079 (commercial) 4810 06-028-24-34-0011 (residential) 4822 06-028-24-34-0012 “ 4830 06-028-24-34-0013 “ 4900 06-028-24-34-0001 “ (As Modified September 7, 1997) Monterey Drive 3741 06-028-24-43-0067 (residential) 3743 06-028-24-43-0065 (commercial) Subsection 1.21. Estimated Impact on Other Taxing Jurisdictions (As Modified October 7, 1996) The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the EDA and City, the following is the estimated total impact of the Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts as of Pay 1996 if the "but for" test was not met: 1995/96 Tax Capacity Estimated Captured Tax Capacity (CTC) Percent of CTC to Entity Total Hennepin County 1,006,485,910 3,473,270 0.345% I.S.D. No. 283 39,101,878 3,473,270 8.883% City of St. Louis Park 42,471,236 3,473,270 8.178% Obligations currently exist for the Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed above and below is the total captured tax capacity of the District, including the portion currently being devoted to existing obligations. 1995/96 Tax Extension Rates Percentage of Total CTC Taxes Hennepin County 37.270 26.60% 3,473,270 1,294,488 I.S.D. No. 283 74.317 53.04% 3,473,270 2,581,230 City of St. Louis Park 20.095 14.34% 3,473,270 697,954 Metro. Spec. Districts 5.063 3.61% 3,473,270 175,852 Other Taxing Districts 3.370 2.41%3,473,270 117,049 140.115 100.00% 3,473,270 4,866,572 In addition, the impacts on School Districts Nos. 283 does not include the effect of state aids for education upon school district funding. (As Modified September 2, 1997) The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the EDA and the City, the following is the estimated total impact of the Excelsior Boulevard, Oak Park Village and Trunk Highway 7 Tax Increment Financing Districts as of pay 1997 if the “but for” test was not met: 1996/97 Tax Capacity Estimated Captured Tax Capacity (CTC) Percent of CTC to Entity Total Hennepin County 973,063,287 3,410,295 0.350% I.S.D. No. 283 37,069,781 3,410,295 9.200% City of St. Louis Park 40,258,519 3,410,295 8.471% Obligations currently exist for the Excelsior Boulevard, Oak Park Village and Trunk Highway 7 Tax Increment Financing Districts. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed above and below is the total captured tax capacity of the Districts, including the potion currently being devoted to existing obligations. 1996/97 Tax Extension Rates Percent of Total CTC Taxes Hennepin County 35.515 26.60% 3,410,295 1,211,166 I.S.D. No. 283 62.954 53.04% 3,410,295 2,146,917 City of St. Louis Park 19.80 14.34% 3,410,295 675,238 Metro. Spec. Districts 4.926 3.61% 3,410,295 167,991 Other Taxing Districts 3.052 2.41%3,410,295 104,082 126.247 100.00% 4,305,394 In addition, the impacts on School District No. 283 does not include the effect of state aids for education upon school district funding. (AS MODIFIED JANUARY 16, 2007) Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the Districts will be based on the market values placed on the property by the assessor in 2006 for taxes payable 2007. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2008) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the Districts declines below the ONTC, no value will be captured and no tax increment will be payable to the EDA or City. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the Districts, within Project Area No. 1, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Excelsior Boulevard Project Estimated Tax Capacity upon Completion (PTC) $2,400,329 Pay 2007 Original Estimated Net Tax Capacity (ONTC) $292,840 Pay 2007 Estimated Captured Tax Capacity (CTC) $2,107,489 Original Local Tax Rate 1.07266 Pay 2006 Estimated Annual Tax Increment (CTC x Local Tax Rate) $2,260,619 Percent Retained by the EDA 100% IMPACT ON TAX BASE 2005/2006Total Net Tax Capacity Estimated CapturedTax Capacity (CTC)Upon Completion Percent of CTCto Entity Total Hennepin County 1,229,390,982 2,107,489 0.17% City of St. Louis Park 47,003,115 2,107,489 4.48% ISD No. 283 44,623,867 2,107,489 4.72% IMPACT ON TAX RATES 2005/2006Extension Rates Percentof Total CTC PotentialTaxes Hennepin County 0.410160 38.24% 2,107,489 864,408 City of St. Louis Park 0.363440 33.88% 2,107,489 765,946 ISD No. 283 0.205770 19.18% 2,107,489 433,658 Other 0.093290 8.70%2,107,489 196,608 Total 1.072660 100.00%2,260,619 There are no changes in the percent of tax capacity captured. The substantive changes include separating the budgets for each district from the previously adopted combined budget and to confirm decertification dates. (AS MODIFIED JANUARY 16, 2007) Subsection 1.21 Summary. The City of St. Louis Park and the St Louis Park Economic Development Authority are modifying the Excelsior Boulevard Tax Increment Financing District, the Oak Park Village Tax Increment Financing District and the Trunk Highway 7 Tax Increment Financing District to preserve and enhance the tax base, redevelop substandard areas, and increase employment of the City. The modification to the Tax Increment Financing Plans for the Excelsior Boulevard Tax Increment Financing District, the Oak Park Village Tax Increment Financing District and the Trunk Highway 7 Tax Increment Financing District was prepared by Ehlers and Associates, Inc. 3060 Centre Pointe Drive, Minnesota 55113, telephone (651) 697-8500. APPENDIX A BOUNDARY MAP OF REDEVELOPMENT PROJECT NO. 1 As of January 9, 2007 Draft for Public Hearing MODIFICATIONS TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR THE OAK PARK VILLAGE TAX INCREMENT FINANCING DISTRICT The City of St. Louis Park Hennepin County City of St. Louis Park, Minnesota Public Hearing: January 16, 2007 Adopted: Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive Roseville, Minnesota 55113-1105 Phone: (651) 697-8500 Fax: (651) 697-8555 E-mail: info@ehlers-inc.com Web Site: www.ehlers-inc.com City of St. Louis Park, Minnesota Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plan for the Oak Park Village Increment Financing District (AS MODIFIED JANUARY 16, 2007) Introduction The following text represents a modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plan for the Oak Park Village Tax Increment Financing District. The modified Redevelopment Plan and Tax Increment Financing Plans represent a continuation of the goals and objectives set forth in the original Redevelopment Plan and Tax Increment Financing Plans. Generally, the substantive changes include separating the budgets for each district from the previously adopted combined budget and to confirm decertification dates. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 dated March 19, 1990 and subsequently modified on April 1, 1996; the Tax Increment Financing Plan for the Excelsior Boulevard Tax Increment Financing District dated February 7, 1977 and subsequently modified on December 17, 1984, March 19, 1990, October 7, 1996, September 2, 1997 and September 21, 1999; the Tax Increment Financing Plan for the Oak Park Village Tax Increment Financing District dated November 6, 1972 and subsequently modified on March 19, 1990, October 7, 1996 and September 2, 1997; and the Tax Increment Financing Plan for the Trunk Highway 7 Tax Increment Financing District dated April 15, 1985 and subsequently modified on November 7, 1988, July 24, 1989, March 19, 1990, October 7, 1996, September 7, 1997 and August 2, 2004; is recommended. Subsection 1.3. Statutory Authority See also the Statutory Authority found in Subsection 1.3 of the Redevelopment Plan for Redevelopment Project No. 1, dated March 19, 1990. Subsection 1.4. Statement of Objectives See also the Statement of Objectives found in Subsection 1.4 of the Redevelopment Plan for St. Louis Park Redevelopment Project Area, dated March 19, 1990. Subsection 1.5. Estimated Public Costs (As Modified October 7, 1996) The estimate of public costs associated with the tax increment district are amended to include the following costs: Excelsior Boulevard Streetscape Project 5,500,000 Recreation Center Improvements 10,000,000 Livable Communities Site Assembly Activities 27,500,000 Administrative 4,750,000 TOTAL $47,750,000 The City may incur obligations such as revenue notes, purchase agreements, or inter-fund loans. Any interest on such obligations are hereby added to the above listed estimate of costs. Uses Land 730,000 Site 3,350,000 Parking facilities 500,000 Streets and sidewalks 500,000 Refunding escrow 825,000 Bond Interest 4,200,000 Admin 1,000,000 Other pooled debt 7,070,000 Referendum payment 600,000 Total Project Expenditures 18,775,000 Transfer out 5,000,000 Bond Principal 8,500,000 (As Modified September 2, 1997) The estimate of public costs associated with the tax increment districts are amended to include the following costs: Reilly Tar Site Clean-up activities $7,250,000 (Oak Park Village) Wolfe Park Redevelopment 2,500,000 (Excelsior Boulevard) TOTAL 9,750,000 Also, the October 7, 1996 budget modification listed “Liveable Communities Site Assembly Activities” which should be amended to read “Town Center Project Activites” as follows: Town Center Project (Including: site assembly, town square development, bridge and roadway improvements, and infrastructure improvements.) The City may incur obligations such as revenue notes, purchase agreements, or inter-fund loans. Any interest on such obligations are hereby added to the above listed estimate of costs. (AS MODIFIED JANUARY 16, 2007) Currently under consideration for the Districts is a modification which would create a separate budget for each district and to confirm certain dates . The EDA and City have determined that it will be necessary to provide assistance to the project for certain costs. To facilitate the development or redevelopment within the Districts, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with each District are outlined in the following tables. Oak Park Village The other financing uses listed above is included for purposes of OSA reporting for the TIF Districts. It is not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. TIF is expected to be used for the project costs listed above, which is a not-to-exceed budget rather than an expected budget of costs. Pursuant to MN Statute 469.175 Sub 1 (5), it is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments from the Oak Park Village Tax Increment Financing District, will equal $18,775,000. For purposes of OSA reporting forms, it is Sources Tax increment 11,900,000 Interest 3,000,000 Sales/Lease proceeds 700,000 Other reimbursements 2,000,000 Grants 350,000 Escrow agent 825,000 Total Project Revenues 18,775,000 Transfer In 5,000,000 Bond proceeds 8,500,000 estimated that the cost of improvements, including financing which will be paid for with tax increment will equal $32,275,000 as is presented in the budget above . Estimated costs associated with the Districts are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budgets above pursuant to the applicable statutory requirements. Sources of Revenue/Bonded Indebtedness The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by one or more pay-as-you-go notes. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness for the Oak Park Village Tax Increment District, including general obligation (GO) TIF bonds, pay-as-you-go notes or other indebtedness by tax increments, will not exceed $8,500,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $5,000,000 in transfers will be financed with tax increment revenues. Oak Park Village . The sources listed above is included for purposes of OSA reporting for the TIF Districts. It is not intended to be cumulative. Transfers are included should funds be required to be moved from one fund to another before an expenditure. Subsection 1.6. Estimated Amount of Bonded Indebtedness (As Modified October 7, 1996) The City may issue a revenue bond, general obligation bond, or other type of obligation in one or more series to finance any or all of the total estimated public costs authorized to be paid under Subsection 1.5 of this modification, but not to exceed $47,750,000, plus any interest costs. Subsection 1.9. Parcels To Be Acquired in Whole or in Part Within the Redevelopment Project No. 1 (As Modified October 7, 1996) Properties identified for potential acquisition by the City are modified to include the following parcels (properties between Quentin and Monterey along the north side of Excelsior Boulevard): Excelsior Boulevard 4500 06-028-24-43-0074 (commercial) 4501 07-028-24-12-0047 “ 4504 06-028-24-43-0075 “ 4509 07-028-24-12-0048 “ 4510 06-028-24-43-0076 “ 4514 06-028-24-43-0077 “ 4520 06-028-24-43-0078 “ 4530 07-028-24-12-0170 “ 4600 07-028-24-12-0174 “ 4601 07-028-24-12-0049 “ 4608 07-028-24-21-0116 “ 4611 07-028-24-12-0050 “ 4615 07-028-24-12-0051 “ 4617 07-028-24-12-0052 “ 4637 07-028-24-21-0009 “ 4700 07-028-24-21-0255 “ 4701 07-028-24-21-0011 “ 4725 07-028-24-21-0012 “ 4730 07-028-24-21-0251 “ 4800 07-028-24-21-0250 “ 4801 07-028-24-21-0252 “ 4808 07-028-24-21-0107 “ 4811 07-028-24-21-0015 “ 4814 07-028-24-21-0108 “ 4816 07-028-24-21-0109 “ 4820 07-028-24-21-0117 “ 4821 07-028-24-21-0016 “ 4825 07-028-24-21-0017 “ 4900 07-028-24-21-0002 “ 4901 07-028-24-21-0031 “ 4907 07-028-24-21-0032 “ 4911 07-028-24-21-0033 “ 4916 07-028-24-21-0004 “ 4920 07-028-24-21-0005 “ 4950 07-028-24-21-0006 “ 4951 07-028-24-21-0253 “ 5000 07-028-24-22-0032 “ Monterey Drive 3730 06-028-24-43-0080 (residential) Natchez Avenue S. 3724 06-028-24-34-0002 (residential) 3732 06-028-24-34-0003 “ 3736 06-028-24-34-0004 “ 3744 06-028-24-34-0005 “ Ottawa Avenue S. 3737 06-028-24-34-0016 (residential) 3742 06-028-24-34-0008 “ 3743 06-028-24-34-0007 “ 3750 06-028-24-34-0009 “ 3754 06-028-24-34-0010 “ 3755 06-028-24-34-0006 “ Princeton Avenue S. 3800 07-028-24-21-0099 (residential) 3801 07-028-24-21-0098 (open space) 3804 07-028-24-21-0254 (residential) 3951 07-028-24-21-0112 38th Street W. 4545 06-028-24-43-0079 (commercial) 4810 06-028-24-34-0011 (residential) 4822 06-028-24-34-0012 “ 4830 06-028-24-34-0013 “ 4900 06-028-24-34-0001 “ (As Modified September 7, 1997) Monterey Drive 3741 06-028-24-43-0067 (residential) 3743 06-028-24-43-0065 (commercial) Subsection 1.21. Estimated Impact on Other Taxing Jurisdictions (As Modified October 7, 1996) The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the EDA and City, the following is the estimated total impact of the Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts as of Pay 1996 if the "but for" test was not met: 1995/96 Tax Capacity Estimated Captured Tax Capacity (CTC) Percent of CTC to Entity Total Hennepin County 1,006,485,910 3,473,270 0.345% I.S.D. No. 283 39,101,878 3,473,270 8.883% City of St. Louis Park 42,471,236 3,473,270 8.178% Obligations currently exist for the Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed above and below is the total captured tax capacity of the District, including the portion currently being devoted to existing obligations. 1995/96 Tax Extension Rates Percentage of Total CTC Taxes Hennepin County 37.270 26.60% 3,473,270 1,294,488 I.S.D. No. 283 74.317 53.04% 3,473,270 2,581,230 City of St. Louis Park 20.095 14.34% 3,473,270 697,954 Metro. Spec. Districts 5.063 3.61% 3,473,270 175,852 Other Taxing Districts 3.370 2.41%3,473,270 117,049 140.115 100.00% 3,473,270 4,866,572 In addition, the impacts on School Districts Nos. 283 does not include the effect of state aids for education upon school district funding. (As Modified September 2, 1997) The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the EDA and the City, the following is the estimated total impact of the Excelsior Boulevard, Oak Park Village and Trunk Highway 7 Tax Increment Financing Districts as of pay 1997 if the “but for” test was not met: 1996/97 Tax Capacity Estimated Captured Tax Capacity (CTC) Percent of CTC to Entity Total Hennepin County 973,063,287 3,410,295 0.350% I.S.D. No. 283 37,069,781 3,410,295 9.200% City of St. Louis Park 40,258,519 3,410,295 8.471% Obligations currently exist for the Excelsior Boulevard, Oak Park Village and Trunk Highway 7 Tax Increment Financing Districts. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed above and below is the total captured tax capacity of the Districts, including the potion currently being devoted to existing obligations. 1996/97 Tax Extension Rates Percent of Total CTC Taxes Hennepin County 35.515 26.60% 3,410,295 1,211,166 I.S.D. No. 283 62.954 53.04% 3,410,295 2,146,917 City of St. Louis Park 19.80 14.34% 3,410,295 675,238 Metro. Spec. Districts 4.926 3.61% 3,410,295 167,991 Other Taxing Districts 3.052 2.41%3,410,295 104,082 126.247 100.00% 4,305,394 In addition, the impacts on School District No. 283 does not include the effect of state aids for education upon school district funding. (AS MODIFIED JANUARY 16, 2007) Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the Districts will be based on the market values placed on the property by the assessor in 2006 for taxes payable 2007. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2008) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the Districts declines below the ONTC, no value will be captured and no tax increment will be payable to the EDA or City. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the Districts, within Project Area No. 1, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Oak Park Village Project Estimated Tax Capacity upon Completion (PTC) $383,804 Pay 2007 Original Estimated Net Tax Capacity (ONTC) $0 Pay 2007 Estimated Captured Tax Capacity (CTC) $383,804 Original Local Tax Rate 1.07266 Pay 2006 Estimated Annual Tax Increment (CTC x Local Tax Rate) $411,691 Percent Retained by the EDA 100% IMPACT ON TAX BASE 2005/2006Total Net Tax Capacity Estimated CapturedTax Capacity (CTC)Upon Completion Percent of CTCto Entity Total Hennepin County 1,229,390,982 383,804 0.03% City of St. Louis Park 47,003,115 383,804 0.82% ISD No. 283 44,623,867 383,804 0.86% IMPACT ON TAX RATES 2005/2006Extension Rates Percentof Total CTC PotentialTaxes Hennepin County 0.410160 38.24% 383,804 157,421 City of St. Louis Park 0.363440 33.88% 383,804 139,490 ISD No. 283 0.205770 19.18% 383,804 78,975 Other 0.093290 8.70%383,804 35,805 Total 1.072660 100.00%411,691 There are no changes in the percent of tax capacity captured. The substantive changes include separating the budgets for each district from the previously adopted combined budget and to confirm decertification dates. (AS MODIFIED JANUARY 16, 2007) Subsection 1.21 Summary. The City of St. Louis Park and the St Louis Park Economic Development Authority are modifying the Excelsior Boulevard Tax Increment Financing District, the Oak Park Village Tax Increment Financing District and the Trunk Highway 7 Tax Increment Financing District to preserve and enhance the tax base, redevelop substandard areas, and increase employment of the City. The modification to the Tax Increment Financing Plans for the Excelsior Boulevard Tax Increment Financing District, the Oak Park Village Tax Increment Financing District and the Trunk Highway 7 Tax Increment Financing District was prepared by Ehlers and Associates, Inc. 3060 Centre Pointe Drive, Minnesota 55113, telephone (651) 697-8500. APPENDIX A BOUNDARY MAP OF REDEVELOPMENT PROJECT NO. 1 As of January 9, 2007 Draft for Public Hearing MODIFICATION TO REDEVELOPMENT PLAN for REDEVELOPMENT PROJECT NO. 1 and the MODIFIED TAX INCREMENT FINANCING PLAN for THE PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICT (A HOUSING TAX INCREMENT FINANCING DISTRICT) ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY CITY OF ST. LOUIS PARK COUNTY OF HENNEPIN STATE OF MINNESOTA District Established: October 7, 1996 Modification #1 Approved: September 21, 1999 Public Hearing on Modification #2: January 16, 2006 Modification #2 Approved: _______________ Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive Roseville, Minnesota 55113-1105 Phone: (651) 697-8500 Fax: (651) 697-8555 E-mail: info@ehlers-inc.com Web Site: www.ehlers-inc.com TABLE OF CONTENTS SECTION I MODIFIED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 .1-1 SECTION II TAX INCREMENT PLAN FOR THE PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICT2-1 Subsection 2-1.Forward.......................................................2-1 Subsection 2-2.Statutory Authority..............................................2-1 Subsection 2-3.Statement of Objectives ..........................................2-1 Subsection 2-4.Redevelopment Plan Overview.....................................2-1 Subsection 2-5. Legal Description of Property of the Park Center Boulevard Housing Tax Increment Financing District.........2-2 Subsection 2-6. Classification of the Park Center Boulevard Housing Tax Increment Financing District...................................2-2 Subsection 2-7.Original Tax Capacity and Tax Rate ................................2-2 Subsection 2-8.Estimated Captured Net Tax Capacity Value/Increment .................2-3 Subsection 2-9.Property To Be Acquired .........................................2-3 Subsection 2-10.Uses of Funds ..................................................2-3 Subsection 2-11.Sources of Revenue/Bonded Indebtedness ...........................2-4 Subsection 2-12.Duration of the Park Center Boulevard Housing Tax Increment Financing District .................................................................2-5 Subsection 2-13.Estimated Impact on Other Taxing Jurisdictions.......................2-5 Subsection 2-14.Modifications to the Park Center Boulevard Housing Tax Increment Financing District...................................2-6 Subsection 2-15.Administrative Expenses .........................................2-6 Subsection 2-16.Limitation of Increment ..........................................2-7 Subsection 2-17.Use of Tax Increment............................................2-7 Subsection 2-18.Notification of Prior Planned Improvements .........................2-8 Subsection 2-19.Excess Tax Increments ...........................................2-8 Subsection 2-20.Requirements for Agreements with the Developer .....................2-9 Subsection 2-21.Assessment Agreements ..........................................2-9 Subsection 2-22.Administration of the Park Center Boulevard Housing Tax Increment Financing District...................................2-9 Subsection 2-23.Financial Reporting Requirements..................................2-9 Subsection 2-24.Municipal Approval and Public Purpose ............................2-11 Subsection 2-25.Fiscal Disparities Election .......................................2-12 Subsection 2-26.Other Limitations on the Use of Tax Increment.......................2-13 Subsection 2-27.State Tax Increment Financing Aid ................................2-13 Subsection 2-28.Use of Tax Increment from Housing Districts........................2-14 Subsection 2-29.County Road Costs .............................................2-14 Subsection 2-30.Wage and Job Goals............................................2-14 Subsection 2-31.Summary ....................................................2-14 APPENDIX A BOUNDARY MAPS OF REDEVELOPMENT PROJECT NO. 1 AND THE PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICTA-1 APPENDIX B LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICTB-1 MUNICIPAL ACTION TAKEN (This Municipal Action is not part of the Redevelopment Plan and is only for convenience of reference.) Based upon the statutory authority described in the Redevelopment Plan attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the Redevelopment Plan, the City Council has created, established and designated Redevelopment Project No. 1 pursuant to and in accordance with the requirements of the Municipal Development District Act and the TIF Act as defined in the definitions of this document. The following municipal action was taken in connection therewith: Redevelopment Project No. 1: March 19, 1990: The Redevelopment Plan for Redevelopment Project No. 1 was adopted by the City Council in and for the City of St. Louis Park. The document is dated March 19, 1990. April 1, 1996: The Redevelopment Plan for Redevelopment Project No. 1 was modified by the City Council in and for the City of St. Louis Park to include the Victoria Ponds Tax Increment Financing District. October 7, 1996: The Redevelopment Plan for Redevelopment Project No. 1 was modified by the City Council in and for the City of St. Louis Park to include the Park Center Boulevard Housing Tax Increment Financing District. (AS MODIFIED JANUARY 16, 2007) The following text represents a Modification to the Redevelopment Plan for Redevelopment Project No. 1. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No. 1. Generally, the substantive changes include the modification of the Park Center Boulevard Housing Tax Increment Financing District. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 is recommended. It is available from the City Clerk at the City of St. Louis Park. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project No. 1. The Excelsior Boulevard Tax Increment Financing District (a redevelopment tax increment financing district): February 7, 1977: The Tax Increment Financing Plan for the Excelsior Boulevard Tax Increment Financing District was approved by the City Council in and for the City of St. Louis Park. The document is dated February 7, 1977. December 17, 1984: The Tax Increment Financing Plan for the Excelsior Boulevard Tax Increment Financing District was modified by the City Council. March 19, 1990: The Tax Increment Financing Plan for the Excelsior Boulevard Tax Increment Financing District was modified by the City Council. The Oak Park Village Tax Increment Financing District (a redevelopment tax increment financing district): November 6, 1972: The Tax Increment Financing Plan for the Oak Park Village Tax Increment Financing District was approved by the City Council in and for the City of St. Louis Park. The document is dated November 6, 1972 March 19, 1990: The Tax Increment Financing Plan for the Oak Park Village Tax Increment Financing District was modified by the City Council. The Highway 7 Tax Increment Financing District (a redevelopment tax increment financing district): April 15, 1985: The Tax Increment Financing Plan for the Highway 7 Tax Increment Financing District was approved by the City Council in and for the City of St. Louis Park. The document is dated April 15, 1985. November 7, 1988: The Tax Increment Financing Plan for the Highway 7 Tax Increment Financing District was modified by the City Council. July 24, 1989: The Tax Increment Financing Plan for the Highway 7 Tax Increment Financing District was modified by the City Council. March 19, 1990: The Tax Increment Financing Plan for the Highway 7 Tax Increment Financing District was modified by the City Council. The Park Center Boulevard Housing Tax Increment Financing District (a housing tax increment financing district): October 7, 1996: The Tax Increment Financing Plan for the Park Center Boulevard Housing Tax Increment Financing District was approved by the City Council in and for the City of St. Louis Park. The document is dated October 7, 1996. September 21, 1999: The Tax Increment Financing Plan for the Park Center Boulevard Housing Tax Increment Financing District was modified by the City Council. January 16, 2007: The Tax Increment Financing Plan for the Park Center Boulevard Housing Tax Increment Financing District was modified by the City Council. 1-1City of St. Louis Park Modification to the Redevelopment Plan for Redevelopment Project No. 1 SECTION I - MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 The following property was included in the Redevelopment Project area as a result of the October 7, 1996 Plan modifications. The property is also known as the Park Center Boulevard Housing Tax Increment District: PID Numbers: 06-028-24-33-0013 (a portion of as follows:) The south 40.00 feet of Lot 1, Block 2, PARK CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, and the north 145.00 feet of the south 185.00 feet of the east 215.00 feet of said Lot 1. See attached map in Appendix A showing the boundaries of Redevelopment Project No. 1 and the Park Center Housing Tax Increment Financing District. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-1 SECTION II MODIFICATION TO THE TAX INCREMENT PLAN FOR THE PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICT Subsection 2-1.Forward The City, staff and consultants have prepared the following information to expedite and create the Park Center Boulevard Housing Tax Increment Financing District (“Park Center TIF District”) in Redevelopment Project No. 1. To facilitate the establishment of the Park Center TIF District, portions of one parcel that is currently located within the Excelsior Boulevard Tax Increment Financing District will be decertified and recertified in the Park Center TIF District. The development expected to occur in the Park Center TIF District consists of 45 units of senior assisted living rental housing. (As Modified - September 21, 1999) The original 45 units of senior assisted living housing were completed in 1997. A second phase of approximately 45 units will be added to the Park Center TIF District. To facilitate the second phase, portions of two adjacent parcels located in the Excelsior Boulevard Tax Increment Financing District will be decertified and recertified in the Park Center TIF District (See maps in Exhibit A). The area within the Park Center TIF District will be replatted in 1999. The original phase of housing development was financed through a City interfund loan of approximately $413,000 of principal plus accrued interest. (Approximately $87,000 was dedicated to the project as a local contribution up-front creating a total assistance to the developer of $500,000). Due to changes in the property tax class rate structure, tax increments have been lower than expected and the developer has submitted deficiency payments to the City to assist in the repayment of the interfund loan. No tax increment assistance will be offered to the second phase of the assisted living project. Instead, it is contemplated that the developer will make a up-front shortfall payment to the City in 1999. The shortfall payment, plus tax increments received through 2004 or 2005 will repay the City interfund loan. The City may then dedicate tax increments to other eligible housing developments within Redevelopment Project No. 1 or decertify the Park Center TIF District. (AS MODIFIED JANUARY 16, 2007) The Tax Increment Financing Plan for the District is being modified to authorize the use of tax increments from the District for other affordable housing projects in the City. These projects include, but are not limited to, loans to the Louisiana Court apartments. The loan to Louisiana Court will leverage other state and federal investment in the renovation and reserves for this affordable rental development. Changes in the TIF Act over the past several years have enabled cities to use tax increments for other affordable housing developments without the restrictions associated with non- housing TIF districts such as the five year rule and pooling limitations (use of TIF outside the boundaries of the District). The St Louis Park Economic Development Authority (the “EDA”) and the City of St Louis Park (the “City”) desire to continue to develop affordable housing projects in the City. Subsection 2-2.Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes, City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-2 Sections 479.174 through 479.179, inclusive, as amended the ("Tax Increment Financing Act" or "TIF Act") to assist in financing eligible activities related to these development needs. This Section contains the Tax Increment Financing Plan for the Park Center TIF District. Other relevant information is contained in the Redevelopment Plan for Redevelopment Project No. 1. (AS MODIFIED JANUARY 16, 2007) Within the City, there exists areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.090 to 469.1082, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for Redevelopment Project No. 1. Subsection 2-3.Statement of Objectives The Park Center TIF District currently consists of portions of one parcel of land. The Park Center TIF District is a housing district. The Park Center TIF District is expected to achieve many of the objectives set forth the section “Redevelopment Plan Objectives” in the Redevelopment Plan. The activities contemplated in the present Redevelopment Plan and Tax Increment Financing Plan do not preclude the undertaking of other development and redevelopment activities. These activities are anticipated to occur over the life of the tax increment district. (AS MODIFIED JANUARY 16, 2007) The District is being modified to allow for the use of tax increment revenues for other affordable housing projects in the City. This modification is expected to achieve many of the objectives outlined in the Development Program for Development District No. 1. The activities contemplated in the Modification to the Development Program and the modification to the TIF Plan do not preclude the undertaking of other housing activities. These activities are anticipated to occur over the life of Development District No. 1 and the District. Subsection 2-4.Redevelopment Plan Overview 1. Property to be Acquired - Selected property located within the Park Center TIF District by the City and is further described in Section 2.7 of this Plan. 2. Relocation - Complete relocation services are available pursuant to Minnesota Statutes, Chapter 117 and other relevant state and federal laws. 3. Upon approval of the developer's plan relating to the project and completion of the necessary legal requirements, the City may sell to the developer selected properties that they may acquire within City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-3 the Park Center TIF District or may lease land or facilities to the developer. 4. The City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public streets work within the Park Center TIF District. Subsection 2-5.Legal Description of Property of the Park Center Boulevard Housing Tax Increment Financing District The Park Center TIF District encompasses all property and adjacent rights-of-way identified by the parcel number below: 06-028-24-33-0013 (a portion of) See the map in Appendix A for further information on the location of the Park Center TIF District. (As modified - September 21, 1999) The Park Center TIF District will consist of one parcel of property known under a replatted name of Silvercrest Addition, Block 1, Lot 2. Currently the proposed district expansion consists of one full parcel in the existing district (06-028-24-33-0017) plus portions of two additional parcels (06-028-24-33-0013 and 06- 028-24-33-0004). See the map in Appendix A for further information. (AS MODIFIED JANUARY 16, 2007) The EDA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the EDA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The EDA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2-6.Classification of the Park Center Boulevard Housing Tax Increment Financing District The City, in determining the need to create a tax increment financing district in accordance with Minnesota Statutes, Section 469.174 to 469.179, as amended, inclusive, find that Park Center TIF District to be established as a housing district pursuant to Minnesota Statutes, Section 469.174, Subdivision 11 as defined below: "Housing district" means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts. A project does not qualify under this City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-4 subdivision if the fair market value of the improvements which are constructed for commercial uses or for uses other than low and moderate income housing consists of more than 20 percent of the total fair market value of the planned improvements in the development plan or agreement. The fair market value of the improvements may be determined using the cost of construction, capitalized income, or other appropriate method of estimating market value. In meeting the statutory criteria described above, the City relies on the following facts and findings: 1. The Park Center TIF District consists of a portion of 1 parcel. 2. The units will meet one of the following requirements: #At least 20% of the units will be occupied by persons with incomes at 50% or less of median gross income ($19,100 for 1 person in 1996); #At least 40% of the units will be occupied by persons with incomes at 60% or less of median gross income, ($22,920 for 1 person in 1996); or #At least 50% of the units will be occupied by persons with incomes at 80% or less of median gross income ($29,100 for 1 person in 1996). (As modified - September 21, 1999) #At least 20% of the units will be occupied by persons with incomes at 50% or less of median gross income ($22,250 for 1 person in 1999); #At least 40% of the units will be occupied by persons with incomes at 60% or less of median gross income, ($26,700 for 1 person in 1999); or #At least 50% of the units will be occupied by persons with incomes at 80% or less of median gross income ($33,450 for 1 person in 1999). Subsection 2-7.Original Tax Capacity and Tax Rate Pursuant to Minnesota Statutes, Section 469.174, Subdivision 7 and Section 469.177, Subdivision 1, the Original Net Tax Capacity (ONTC) as certified for the Park Center TIF District is based on the market values placed on the property by the assessor in 1996 for taxes payable 1997. Pursuant to Section 469.177, Subds. 1 and 2, of the Tax Increment Financing Act, the County Auditor shall certify in each year (beginning in the payment year 1998) the amount by which the original value has increased or decreased as a result of a change in tax exempt property within the Tax Increment Financing District, reduction or enlargement of the Tax Increment Financing District or changes in connection with previously issued building permits. In any year in which the current Net Tax Capacity value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the City. The County Auditor shall certify in each year after the date the ONTC was certified (beginning in payment year 1998), the amount the ONTC has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to adjustments, negotiated or court-ordered abatements; 4. change in the use of the property and classification; or 5. change in state law governing class rates. The original local tax rate for the Park Center TIF District will be the local tax rate for taxes payable 1997. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-5 The Original Tax Capacity and the Original Local Tax Rate for the Park Center TIF District appear in the table below. Original Tax Capacity Value 15,836 Original Tax Rate 1.401150 (As modified - September 21, 1999) The Tax Capacity Value is modified as shown on Appendix C. (AS MODIFIED JANUARY 16, 2007) Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2006 for taxes payable 2007. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2008) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the EDA or City. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Project Area No. 1, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-6 Project Estimated Tax Capacity upon Completion (PTC) $119,375 Pay 2007 Original Estimated Net Tax Capacity (ONTC) $8,360 Pay 2007 Estimated Captured Tax Capacity (CTC) $111,015 Original Local Tax Rate 1.26247 Pay 1997Frozen Rate Estimated Annual Tax Increment (CTC x Local Tax Rate) $140,153 Percent Retained by the EDA 100% Subsection 2-8.Estimated Captured Net Tax Capacity Value/Increment Pursuant to Minnesota Statutes, Section 469.174 Subdivision 4 and Minnesota Statutes, Section 469.177, Subdivision 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the Park Center TIF District, within Redevelopment Project No. 1, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The City requests 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 1998. The project tax capacity listed is an estimate of values when the project is completed. Estimated Tax Capacity Upon Completion of Project 107,636 Estimated Captured Tax Capacity 91,800 Percent Retained by Authority 100% Estimated Annual Tax Increment 128,626 (As modified - September 21, 1999) The Captured Tax Capacity Value is modified as shown on Appendix C of the original Plan. Subsection 2-9.Property To Be Acquired The City may acquire any parcel within the Park Center TIF District including interior and adjacent street rights of way. 1. Any properties identified for acquisition will be acquired by the City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. 2. The following are conditions under which properties not designated to be acquired may be acquired: City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-7 Uses of Funds Land acquisition $500,000 Site improvements 150,000 Public utilities 150,000 Other public improvements 500,000 Bond principal payments 1,500,000 Interest 4,000,000 Administrative 200,000 TOTAL $7,000,000 The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this tax increment financing plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2-10.Uses of Funds The estimate of public costs and uses of funds associated with the Park Center TIF District is outlined in the following table: Estimated costs associated with the Park Center Boulevard Housing Tax Increment Financing District are subject to change. The cost of all activities to be considered for tax increment financing will not exceed without formal modification of the budget above pursuant to the applicable statutory requirements. (As modified - September 21, 1999) It is not anticipated that the second phase of the assisted living housing development will increase the estimated amount of total expenditures in the TIF District. Tax increments for any of the costs listed above may be spent for Phases I and II of the housing facility within the district, and for and any “housing project” as defined in Minnesota Statutes 469.174, Subdivision 11, located anywhere in the Redevelopment Project No. 1. (AS MODIFIED JANUARY 16, 2007) Currently under consideration for the District is the continuation of affordable housing projects in the City. The EDA and City have determined that it will be necessary to provide assistance to the project for certain costs. The EDA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-8 The other financing uses listed above is included for purposes of OSA reporting for the TIF District. It is not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. TIF is expected to be used for the project costs listed above, which is a not-to-exceed budget rather than an expected budget of costs. Pursuant to MN Statute 469.175 Sub 1 (5), it is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $6,450,000. For purposes of OSA reporting forms, it is estimated that the cost of improvements, including financing which will be paid for with tax increment will equal $14,450,000 as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Subsection 2-11.Sources of Revenue/Bonded Indebtedness Public improvements costs, acquisition, relocation, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally applicable to the Redevelopment Plan and the Tax Increment Financing Plan, including, but not limited to, special assessments, general property taxes, state aid for road USES OF FUNDS Land acquisition $500,000 Site improvements 150,000 Public utilities 150,000 Other public improvements 500,000 Interest 2,550,000 Housing Improvements 2,400,000 Administrative 200,000 PROJECT COST TOTAL 6,450,000 Loan Principal 2,800,000 Bond Principal 5,000,000 Transfer Out 200,000 City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-9 maintenance and construction, proceeds from the sale of land, other contributions from the Developer and investment income, to pay for the Estimated Public Costs. The City reserves the right to incur bonded indebtedness as a result of the Tax Increment Financing Plan. As presently proposed, the implementation of the plan for the development of the Park Center TIF District will require a combination of a loan, bond issue and revenue notes of approximately $1,500,000. Additional indebtedness may be required to finance other authorized activities. This provision does not obligate the City to incur debt. The City will issue bonds only upon the determination that such action is in the best interest of the City. The City may also finance the activities to be undertaken pursuant to the Tax Increment Financing Plan through loans from funds of the City or to reimburse the Developer on a “pay-as-you-go” basis for eligible activities paid for by the Developer. The estimated sources of funds for the Park Center TIF District are contained in the table below. (As modified - September 21, 1999) It is not anticipated that the second phase of the assisted living housing development will increase the estimated total of sources of funds. However, the principal amount of bonded indebtedness authorized to be paid with tax increments for the district is increased to $3,000,000, which bonds may be issued for other housing projects within the Redevelopment Project. (AS MODIFIED JANUARY 16, 2007) The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by one or more pay-as-you-go notes. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including general obligation (GO) TIF bonds, pay-as-you-go notes or other indebtedness by tax increments, will not exceed $7,800,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $200,000 in transfers will be financed with tax increment revenues. It is estimated that $2,800,000 in loan proceeds will be financed with tax increment revenues. It is estimated that $5,000,000 in bond proceeds will be financed with tax increment revenues. Sources Bond proceeds $1,500,000 Tax Increment received 5,000,000 Interest on invested funds 50,000 Other 450,000 City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-10 The sources listed above is included for purposes of OSA reporting for the TIF District. It is not intended to be cumulative. Transfers are included should funds be required to be moved from one fund to another before an expenditure. Subsection 2-12.Duration of the Park Center Boulevard Housing Tax Increment Financing District Pursuant to Minnesota Statutes, Section 479.175, Subdivision 1, and Section 469.176, Subd. 1, the duration of the Park Center TIF District must be indicated within the Plan. Pursuant to Minnesota Statutes, Section 469.176, subdivision 1(b), the duration of the Park Center TIF District will be 25 years from the date of receipt of the first increment by the City. The date of receipt by the City of St. Louis Park of the first tax increment will be approximately July, 1998. Thus, it is estimated that the Park Center TIF District, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2022, or when the Plan is satisfied. The City does reserve the right to decertify the Park Center TIF District prior to the legally required date. (As modified - September 21, 1999) Due to Office of the State Auditor clarifications on tax increment district durations, the final year of receipt of tax increment is extended until 2023. Subsection 2-13.Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction which would have occurred without the creation of the Park Center TIF District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the City, the following estimated impact of the Park Center TIF District would be as follows if the "but for" test was not met: SOURCES OF FUNDS Tax Increment $5,750,000 Interest 250,000 Other 450,000 TOTAL 5,700,000 Loan Proceeds 2,800,000 Bond Proceeds 5,000,000 Transfer In 200,000 City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-11 IMPACT ON TAX BASE TAXING JURISDICTION ENTITY’S PROPOSED 1995/96 TOTAL NET TAX CAPACITY CAPTURED TAX CAPACITY (CTC) PERCENT OF CTC TO ENTITY TOTAL Hennepin County 1,006,485,910 91,800 0.01% ISD No. 283 39,290,053 91,800 0.23% City of St Louis Park 42,471,236 91,800 0.22% Other N/A N/A IMPACT ON TAX RATES ENTITY 1995/96 TAX RATE PERCENT OF TOTAL CTC POTENTIAL TAXES Hennepin County .37270 26.60% 91,800 34,214 ISD No. 283 .74317 53.04% 91,800 68,223 City of St Louis Park .20095 14.34% 91,800 18,447 Other .08433 6.02%91,800 7,741 TOTAL 1.40115 100.00% 128,626 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the 1995/Pay 1996 rate. The total net capacity for the entities listed above are based on Pay 1996 figures. The Park Center TIF District will be certified under the 1996/Pay 1997 rates which are unavailable at this time. (As modified - September 21, 1999) As shown in Appendix C, the total taxes generated from Phases I and II of the assisted living housing development will be less than the taxes anticipated from Phase I alone, at the time the TIF district was created, due to lower class rates for this type of property. Therefore, the Authority believes that there is no additional fiscal impacts created by modification of the TIF District. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-12 (AS MODIFIED JANUARY 16, 2007) IMPACT ON TAX BASE 2005/2006 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) Upon Completion Percent of CTC to Entity Total Hennepin County 1,229,870,954 111,015 .0091% City of St. Louis Park 47,030,325 111,015 .2361% ISD No. 283 44,651,027 111,015 .2487% IMPACT ON TAX RATES Pay 1997 Frozen Extension Rates Percent of Total CTC Potential Taxes Hennepin County 0.355150 28.13% 111,015 39,427 City of St. Louis Park 0.198000 15.68% 111,015 21,981 ISD No. 283 0.629540 49.87% 111,015 69,888 Other 0.079780 6.32%111,015 8,857 Total 1.262470 100.00%140,153 Subsection 2-14.Modifications to the Park Center Boulevard Housing Tax Increment Financing District In accordance with Minnesota Statutes, Section 469.175, Subdivision 4, any reduction or enlargement of the geographic area of the project or tax increment financing district; increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; increase in the portion of the captured tax capacity to be retained by the City; increase in total estimated tax increment expenditures; or designation of additional property to be acquired by the City shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original tax capacity by the county auditor. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the District or Project Area. Modifications to the Park Center TIF District in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-13 (As modified - September 21, 1999) The duration, geographic boundaries, and amount of bonded indebtedness were modified by the City on this date. (AS MODIFIED JANUARY 16, 2007) In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of Redevelopment Project No. 1 or the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan, or to increase or decrease the amount of interest on the debt to be capitalized; 4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City; 5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the EDA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. Subsection 2-15.Administrative Expenses In accordance with Minnesota Statutes, Section 469.174, Subdivision 14, and Minnesota Statutes, Section 469.176, Subdivision 3 administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178. Administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative expenses for the tax increment financing district which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. (AS MODIFIED JANUARY 16, 2007) In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the EDA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-14 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). Pursuant to Minnesota Statutes, Section 469.176, Subdivision 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the Park Center TIF District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to Minnesota Statutes, Section 469. 177, Subdivision 11, the county treasurer shall deduct an amount equal to 0.1 percent of any increment distributed to an authority or municipality and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund. (AS MODIFIED JANUARY 16, 2007) Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Subsection 2-16.Limitation of Increment Pursuant to Section 469.176, Subd. 1, of the Tax Increment Financing Act, no tax increment shall be paid to the City for the Tax Increment Financing District after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in the Tax Increment Financing District by the County Auditor unless within the three (3) years period: (a) bonds have been issued pursuant to Section 469.178, or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Section 469.152 to 469.165, or (b) the City has acquired property within the Tax Increment Financing District, or (c) the City has constructed or caused to be constructed public improvements within the Tax Increment Financing District. The bonds must be issued, or the City must acquire property or construct or cause public improvements to be constructed by approximately October 1999. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the Tax Increment Financing District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 6: City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-15 if, after four years from the date of certification of the original tax capacity of the tax increment financing district pursuant to Minnesota Statutes, Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original tax capacity of that parcel shall be excluded from the original tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure report that the activity has commenced. The county auditor shall certify the tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision... For purposes of this subdivision, qualified improvements are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. The City or a property owner must improve the parcel within the Park Center TIF District by approximately October 2000. Subsection 2-17.Use of Tax Increment The City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the Park Center TIF District for the following purposes: 1. to pay the principal of and interest on bonds used to finance a project; 2. to finance, or otherwise pay the capital and administration costs of the Development District pursuant to the Development District Act; 3. to pay for project costs as identified in the budget; 4. to finance, or otherwise pay for other purposes as provided in Section 469.176, Subd. 4, of the Tax Increment Act; 5. To pay principal and interest on any loans, advances or other payments made to the City or for the benefit of Redevelopment Project No. 1 by the Developer; 6. To finance or otherwise pay premiums and other costs for insurance, credit enhancement, or other security guaranteeing the payment when due of principal and interest on the Tax Increment Bonds or bonds issued pursuant to the Tax Increment Financing Plan or pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the Tax Increment Bonds or bonds issued pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, subd. 4, of the TIF Act. Tax increments generated in the Park Center Boulevard Housing Tax Increment Financing District will be paid by Hennepin County to the City of St. Louis Park for the Tax Increment Fund of said District. The City will pay to the developers annually an amount not to exceed an amount as specified in a developer’s agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-16 administration. Remaining increment funds will be used for City administration (10%) and the costs of activities outside the Park Center TIF District. Revenue derived from Tax Increments from the Park Center TIF District must be used solely to finance the cost of housing projects as defined in Minnesota Statutes, Section 469.174, Subdivision 11. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the City may be included in the cost of a housing project. (AS MODIFIED JANUARY 16, 2007) Revenues derives from tax increment from a housing district must be used solely to finance the cost of housing projects as defined in M.S. Sections 469.174, Subd 11 and 469.1761. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the EDA or City may be included in the cost of a housing project. Subsection 2-18.Notification of Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of Tax Increment Financing District enlargement with a listing of all properties within the Tax Increment Financing District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the tax increment financing plan by the municipality pursuant to Section 469.175, Subd. 3, of the Tax Increment Financing Act. The County Auditor shall increase the original value of the Tax Increment Financing District by the value of improvements for which a building permit was issued. Pursuant to Minnesota Statutes, Section 469.177, Subdivision 4, the City has reviewed the area to be included in the Park Center TIF District and found no parcel for which building permits have been issued during the 18 months immediately preceding approval of the Plan by the City. If the building permit had been issued within the 18 month period preceding approval of the plan by the City, the county auditor shall increase the original tax capacity of the district by the valuation of the improvements for which the building permit was issued. Subsection 2-19.Excess Tax Increments Pursuant to Minnesota Statutes, Section 469.176, Subdivision 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subdivision 3, the City shall use the excess amount to do any of the following: 1. prepay the outstanding bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of such bond; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity rate as provided in Minnesota Statutes, Section 469.176, Subd. 2. In addition, the City may, subject to the limitation set forth herein (in particular Subsection 2.15), choose to modify the tax increment plan as described in Section II, in order to finance additional public costs of Redevelopment Project No. 1. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-17 (AS MODIFIED JANUARY 16, 2007) The EDA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the EDA or City, may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in Project Area No. 1 or the District. Subsection 2-20.Requirements for Agreements with the Developer The City will review any proposal for private development to determine its conformance with the Project Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development with city plans and ordinances. The City may also use the Agreements to address other issues related to the development. Pursuant to Section 469.176, Subd. 5, of the Tax Increment Financing Act, no more than ten percent (10%), by acreage, of the property to be acquired in the Tax Increment Financing District as set forth in the tax increment financing plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Section 469.178, of the Tax Increment Financing Act, without the City having, prior to acquisition in excess of ten percent (10%) of the acreage, concluded an agreement for the development or of the property acquired and which provides recourse for the City should the development not be completed. Subsection 2-21.Assessment Agreements Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the City may enter into an agreement in recordable form with the developer of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements for the duration of the Park Center TIF District. The assessment agreement shall be presented to the assessor who shall review the plans and specifications for the improvements constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appear, in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. Subsection 2-22.Administration of the Park Center Boulevard Housing Tax Increment Financing District Administration of the Park Center TIF District will be handled by the City Manager of the City of St. Louis Park. Subsection 2-23.Financial Reporting Requirements Pursuant to Minnesota Statutes, Section 469.175, Subdivisions 5, 6, and 6(a); a city must file an annual disclosure report for all tax increment financing districts with the State Auditor, the County Board, School Board, and County Auditor. Pursuant to Section 469.175, Subd. 5, of the Tax Increment Financing Act, the City must file an annual disclosure report for the Tax Increment Financing District. The report shall be filed with the County Board, City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-18 County Auditor, School Board, and the State Auditor on or before July 1 of each year. The report to be filed by the City shall include the following information: 1. the amount and source of revenue in the tax increment account; 2. the amount and purpose of expenditures from the account; 3. the amount of any pledge of revenues, including principal and interest, on any outstanding bond indebtedness; 4. the original net tax capacity of the Tax Increment Financing District; 5. the captured net tax capacity retained by the City; 6. the captured net tax capacity shared with other taxing districts; 7. the tax increment received; and 8. any additional information necessary to demonstrate compliance with the tax increment financing plan. Section 469.175, Subd. 5, of the Tax Increment Financing Act also provides that an annual statement showing the tax increment received an expended in that year, the original value, captured net tax capacity, amount of outstanding bonded indebtedness, the amount of the district’s increment paid to other governmental bodies, the amount paid for administrative costs, the sum of increments paid, directly or indirectly, for activities and improvements located outside of the district, and any additional information the City deems necessary shall be published in a newspaper of general circulation in the City. Pursuant to Minnesota Statutes, Section 469.175, Subd. 6, of the Tax Increment Financing Act, the City must annually submit to the State Auditor, on or before July 1, a financial report which shall: 1. provide for full disclosure of the sources and uses of the public funds in the district; 2. permit comparison and reconciliation with the City’s accounts and financial reports; 3. permit auditing of the funds expended on behalf of the tax increment district or that is funded in part or whole through the use of a development account funded with tax increment from other tax increment districts or with public money; and 4. be consistent with generally accepted accounting principles. The financial report must also include the following: 1. the original net tax capacity of the district; 2. the captured net tax capacity of the district, including the amount of any captured net tax capacity shared with other taxing districts; 3. for the reporting period and for the duration of the district, the amount budgeted under the tax increment financing plan, and the actual amount expended for, at lest, the following categories: a. acquisition of land and buildings through condemnation or purchase; b. site improvements or preparation costs; c. installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; d. administrative costs, including the allocated cost of the city; e. public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; and 4. for properties sold to developers, the total costs of the property to the authority and the price paid the developers; City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-19 5. the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in the Park Center TIF District. Pursuant to Minnesota Statutes, Section 469.175, subdivision 6a, the City must also annually report to the State Auditor before or on July 1 of each year the following amounts for the entire City: 1. the total principal amount of nondefeased bonds that are outstanding at the end of the previous calendar year; and 2. the total annual amount of principal and interest payments that are due for the current calendar year on (I) general obligation tax increment financing bonds and (ii) other tax increment financing bonds. and for each tax increment financing district within the City: 1. the type of tax increment financing district; 2. date on which the district is required to be decertified; 3. amount of any payments and the value of in-kind benefits, such as physical improvements and the used of building space, that are financed with revenues derived from increments and are provided to another governmental unit (other than the municipality) during the preceding calendar year; 4. the tax increment revenues for taxes payable in the current calendar year; 5. whether the tax increment financing plan or other governing document permits increment revenues to be expended outside of the tax increment financing district; 6. any additional information that the State Auditor may require. Copies of this report must also be provided to the county and school district boards. (AS MODIFIED JANUARY 16, 2007) Pursuant to M.S., Section 469.175, Subd. 5, 6, and 6b the EDA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-24.Municipal Approval and Public Purpose The reasons and facts supporting the finds for the adoption of the Tax Increment Financing Plan for the Park Center TIF District as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the Park Center TIF District is a housing district as defined in Minnesota Statutes, Section 469.174, Subdivision 11. The Park Center TIF District consists of portions of 1 parcel. The units will meet one of the following requirements: City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-20 #At least 20% of the units will be occupied by persons with incomes at 50% or less of median gross income ($19,100 for 1 person in 1996); #At least 40% of the units will be occupied by persons with incomes at 60% or less of median gross income, ($22,920 for 1 person in 1996); or #At least 50% of the units will be occupied by persons with incomes at 80% or less of median gross income ($29,100 for 1 person in 1996). (As modified - September 21, 1999) #At least 20% of the units will be occupied by persons with incomes at 50% or less of median gross income ($22,250 for 1 person in 1999); #At least 40% of the units will be occupied by persons with incomes at 60% or less of median gross income, ($26,700 for 1 person in 1999); or #At least 50% of the units will be occupied by persons with incomes at 80% or less of median gross income ($33,450 for 1 person in 1999). 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the tax increment plan. Due to the high cost of development on the proposed parcels, the restraints in providing affordable housing and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. A comparative analysis of estimated market values both with and without establishment of the Park Center Boulevard Housing Tax Increment Financing District and the use of tax increments has been performed as described above. Such analysis is contained in Appendix C of the Tax Increment Financing Plan for the Park Center Boulevard Housing Tax Increment Financing District and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the Park Center Boulevard Housing Tax Increment Financing District and the use of tax increments (See Appendix C). 3. Finding that the Tax Increment Financing Plan for the Park Center TIF District conforms to the general plan for the development or redevelopment of the municipality as a whole. The proposed Tax Increment Financing Plan was reviewed by the Planning Commission on September 18, 1996. The Planning Commission found that the Tax Increment Financing Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for the Park Center TIF District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Redevelopment Project No. 1 by private enterprise. The establishment of the Park Center TIF District will increase the tax base of the City and State, and will result in increased housing opportunities for seniors community. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-21 Additional findings are set forth in the Authorizing Resolution of the City. Subsection 2-25.Fiscal Disparities Election It is not expected that commercial/industrial property will be built in the Park Center TIF District. However, pursuant to Minnesota Statutes, Section 469.177, Subdivision 3, the governing body may elect one of two methods to calculate fiscal disparities. It the calculations pursuant to Minnesota Statutes, Section 469.177, subdivision 3, clause a, are followed the following method of computation shall apply: (1) The original tax capacity and the current tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 473F. Where the original tax capacity is equal to or greater than the current tax capacity, there is no captured tax capacity and no tax increment determination. Where the original tax capacity is less than the current tax capacity, the difference between the original tax capacity and the current tax capacity is the captured tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured tax capacity of the authority. (2) The county auditor shall exclude the retained captured tax capacity of the authority from the taxable value of the local taxing districts in determining local taxing district tax capacity rates. The tax capacity rates so determined are to be extended against the retained captured tax capacity of the authority as well as the taxable value of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax capacity rates or (B) the original tax capacity rate to the retained captured tax capacity of the authority is the tax increment of the authority. If the calculations pursuant to Minnesota Statutes, Section 469.177, subdivision 3, clause b, are followed, the following method of computation shall apply: (1) The original tax capacity shall be determined before the application of the fiscal disparity provisions of chapter 473F. The current tax capacity shall exclude any fiscal disparity commercial-industrial tax capacity increase between the original year and the current year multiplied by the fiscal disparity ratio determined pursuant to section 473F.08, subdivision 6. Where the original tax capacity is equal to or greater than the current tax capacity, there is no captured tax capacity and no tax increment determination. Where the original tax capacity is less than the current tax capacity, the difference between the original tax capacity and the current tax capacity is the captured tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured tax capacity of the authority. (2) The county auditor shall exclude the retained captured tax capacity of the authority from the taxable value of the local taxing districts in determining local taxing district tax capacity rates. The tax capacity rates so determined are to be extended against the retained captured tax capacity of the authority as well as the taxable value of the local taxing districts. The tax generated by the extension of the less of (A) the local taxing district tax capacity rates or (B) the original tax capacity rate to the retained captured tax capacity of the authority is the tax increment of the authority. The Authority shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the authority elected. The City of St. Louis Park will choose to calculate fiscal disparities by clause a. According to Minnesota Statutes, Section 469.177, Subdivision 3: City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-22 (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-26.Other Limitations on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public capital and administration costs pursuant to Minnesota Statues, Section 469.124 through 469.134. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction, renovation, operation or maintenance of a building to be used primarily arid regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government; this provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. (AS MODIFIED JANUARY 16, 2007) Due to changes in the TIF Act, references to the five year limitation on commitment of tax increments have been eliminated. Subsection 2-27.State Tax Increment Financing Aid Pursuant to Minnesota Statutes, Section 273.1399, for tax increment financing districts for which certification was requested after April 30, 1990, a municipality incurs a reduction in state tax increment financing aid (RISTIFA) applied to the municipality's Local Government Aids (LGA) first and, Homestead and Agricultural Aid (HACA) second, in an amount equal to a formula based upon the equalized qualifying captured tax capacity (QCTC) of the tax increment financing district. Pursuant to Minnesota Statutes, Section 273.1399, Subdivision 6, the City may choose an option to the LGA- HACA penalty. A tax increment financing district is exempt from the LGA-HACA reduction if the City elects to make a qualifying local contribution at the time of approving the tax increment financing plan. To qualify for the exemption in each year, the City must make a qualifying local contribution to the project of a certain percentage. The local contribution for a housing district is 10.0 percent. The maximum local contribution for all districts in the City is limited to two percent of the City’s net tax capacity. The amount of the local contribution must be made out of unrestricted money of the authority or municipality, such as the general fund, a property tax levy, or a federal or a state grand-in-aid which may be spent for general government purposes. The local contribution may not be made, directly or indirectly, with tax increments or developer payments. The local contribution must be used to pay project costs and cannot be used for general government purposes. The City elects to make the 10% annual local contribution to the project to exempt itself from the LGA-HACA penalty. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-23 (AS MODIFIED JANUARY 16, 2007) Due to changes in state law, the city is no longer required to make a local contribution. Subsection 2-28.Use of Tax Increment from Housing Districts Revenue derived from Tax Increments from the Park Center TIF District must be used solely to finance the cost of housing projects as defined in Minnesota Statutes, Section 469.174, Subdivision 11. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the City may be included in the cost of a housing project. Subsection 2-29.County Road Costs Pursuant to Minnesota Statutes, Section 469.175, Subdivision 1a, the county board may require the authority to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or other county plan. The improvements outlined in the Plan serve as notice to the county that the development of the residential facilities will be assisted with tax increment. In the opinion of the Authority and consultants, the proposed development will have little or no impact upon county roads. If the county elects to use increments to improve county roads, it must notify the Authority within thirty days of receipt of this plan. Subsection 2-30.Wage and Job Goals The City is not providing tax increment financing for the purpose of economic development or job growth and therefore, the provisions of Minnesota Statutes, Sections 116J.991 are not applicable and the City is not establishing wage and job goals in connection with the Park Center TIF District. As modified, pursuant to Minnesota Statutes, Sections 116J.993 to 116J.995, business subsidies are not expected to apply to the Park Center Tax Increment Financing District because assistance for housing purposes. (AS MODIFIED JANUARY 16, 2007) Subsection 2-31.Business Subsidies Pursuant to M.S. Sections 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $25,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3; City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-24 (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature. (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of $75,000 or less; and (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. The tax increment assistance under this TIF Plan falls under exemption (7) above and therefore, Minnesota Statutes, Section 116J.993 to 116J.995 will not apply, except for certain reporting requirements. Subsection 2-32.Summary The City of St. Louis Park is establishing the Park Center Boulevard Housing Tax Increment Financing District to preserve and enhance the tax base, redevelop substandard areas, and properly maintain affordable housing projects in the City. The Tax Increment Financing Plan for the Park Center Boulevard Housing Tax Increment Financing District was prepared by Ehlers and Associates, Inc.,3060 Centre Pointe Drive, Minnesota 55113, telephone (651) 697-8500. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District 2-25 (AS MODIFIED JANUARY 16, 2007) The City of St. Louis Park and the St Louis Park Economic Development Authority are modifying the Park Center Boulevard Housing Tax Increment Financing District to preserve and enhance the tax base, redevelop substandard areas, and properly maintain affordable housing projects in the City. The modification to the Tax Increment Financing Plan for the Park Center Boulevard Housing Tax Increment Financing District was prepared by Ehlers and Associates, Inc., 3060 Centre Pointe Drive, Minnesota 55113, telephone (651) 697-8500. City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District A-1 APPENDIX A BOUNDARY MAPS OF REDEVELOPMENT PROJECT NO. 1 AND THE MODIFIED PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICT City of St. Louis Park Modification to the TIF Plan for the Park Center Boulevard Housing TIF District B-1 APPENDIX B LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICT The south 40.00 feet of Lot 1, Block 2, PARK CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, and the north 145.00 feet of the south 185.00 feet of the east 215.00 feet of said Lot 1. (AS MODIFIED - SEPTEMBER 21, 1999) The Park Center TIF District will consist of one parcel of property known under a replatted name of Silvercrest Addition, Block 1, Lot 2. The proposed district expansion consists of one full parcel in the existing district (06-028-24-33-0017) plus portions of two additional parcels (06-028-24-33-0013 and 06-028-24-33-0004). See the map in Appendix A for further information. As of January 9, 2007 Draft for Public Hearing MODIFICATIONS TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR THE TRUNK HIGHWAY 7 TAX INCREMENT FINANCING DISTRICT The City of St. Louis Park Hennepin County City of St. Louis Park, Minnesota Public Hearing: January 16, 2007 Adopted: Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive Roseville, Minnesota 55113-1105 Phone: (651) 697-8500 Fax: (651) 697-8555 E-mail: info@ehlers-inc.com Web Site: www.ehlers-inc.com City of St. Louis Park, Minnesota Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for the Trunk Highway 7 Tax Increment Financing District (AS MODIFIED JANUARY 16, 2007) Introduction The following text represents a modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plan for the Trunk Highway 7 Tax Increment Financing District. The modified Redevelopment Plan and Tax Increment Financing Plans represent a continuation of the goals and objectives set forth in the original Redevelopment Plan and Tax Increment Financing Plans. Generally, the substantive changes include separating the budgets for each district from the previously adopted combined budget and to confirm decertification dates. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 dated March 19, 1990 and subsequently modified on April 1, 1996; the Tax Increment Financing Plan for the Excelsior Boulevard Tax Increment Financing District dated February 7, 1977 and subsequently modified on December 17, 1984, March 19, 1990, October 7, 1996, September 2, 1997 and September 21, 1999; the Tax Increment Financing Plan for the Oak Park Village Tax Increment Financing District dated November 6, 1972 and subsequently modified on March 19, 1990, October 7, 1996 and September 2, 1997; and the Tax Increment Financing Plan for the Trunk Highway 7 Tax Increment Financing District dated April 15, 1985 and subsequently modified on November 7, 1988, July 24, 1989, March 19, 1990, October 7, 1996, September 7, 1997 and August 2, 2004; is recommended. Subsection 1.3. Statutory Authority See also the Statutory Authority found in Subsection 1.3 of the Redevelopment Plan for Redevelopment Project No. 1, dated March 19, 1990. Subsection 1.4. Statement of Objectives See also the Statement of Objectives found in Subsection 1.4 of the Redevelopment Plan for St. Louis Park Redevelopment Project Area, dated March 19, 1990. Subsection 1.5. Estimated Public Costs (As Modified October 7, 1996) The estimate of public costs associated with the tax increment district are amended to include the following costs: Excelsior Boulevard Streetscape Project 5,500,000 Recreation Center Improvements 10,000,000 Livable Communities Site Assembly Activities 27,500,000 Administrative 4,750,000 TOTAL $47,750,000 The City may incur obligations such as revenue notes, purchase agreements, or inter-fund loans. Any interest on such obligations are hereby added to the above listed estimate of costs. Uses Land 4,270,000 Site 2,039,050 Streets and sidewalks 3,430,000 Bond Interest 7,892,070 Admin 2,204,600 Public improvements 5,842,960 Other pooled debt 8,800,000 Total Project Expenditures 34,478,680 Transfer out 2,400,000 Bond Principal 19,250,000 (As Modified September 2, 1997) The estimate of public costs associated with the tax increment districts are amended to include the following costs: Reilly Tar Site Clean-up activities $7,250,000 (Oak Park Village) Wolfe Park Redevelopment 2,500,000 (Excelsior Boulevard) TOTAL 9,750,000 Also, the October 7, 1996 budget modification listed “Liveable Communities Site Assembly Activities” which should be amended to read “Town Center Project Activites” as follows: Town Center Project (Including: site assembly, town square development, bridge and roadway improvements, and infrastructure improvements.) The City may incur obligations such as revenue notes, purchase agreements, or inter-fund loans. Any interest on such obligations are hereby added to the above listed estimate of costs. (AS MODIFIED JANUARY 16, 2007) Currently under consideration for the Districts is a modification which would create a separate budget for each district and to confirm certain dates . The EDA and City have determined that it will be necessary to provide assistance to the project for certain costs. To facilitate the development or redevelopment within the Districts, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with each District are outlined in the following tables. Trunk Highway 7 The other financing uses listed above is included for purposes of OSA reporting for the TIF Districts. It is not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. TIF is expected to be used for the project costs listed above, which is a not-to-exceed budget rather than an expected budget of costs. Pursuant to MN Statute 469.175 Sub 1 (5), it is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments from the Trunk Highway 7 Tax Increment Financing District, will equal $34,478,680. For purposes of OSA reporting forms, it is estimated that the cost of improvements, including financing which will be paid for with tax Sources Tax increment 17,558,680 Interest 2,500,000 MVHC 5,000 Sales/lease proceeds 300,000 Developer payment 125,000 Misc 125,000 PILOT 120,000 Refunding escrow 2,845,000 Other reimbursements 3,800,000 Total Project Revenues 27,378,680 Transfer In 9,500,000 Bond proceeds 19,250,000 increment will equal $56,128,600 as is presented in the budget above . Estimated costs associated with the Districts are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budgets above pursuant to the applicable statutory requirements. Sources of Revenue/Bonded Indebtedness The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by one or more pay-as-you-go notes. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness for the Trunk Highway 7 Tax Increment District, including general obligation (GO) TIF bonds, pay-as-you-go notes or other indebtedness by tax increments, will not exceed $19,250,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $2,400,000 in transfers out will be financed with tax increment revenues. Trunk Highway 7 The sources listed above is included for purposes of OSA reporting for the TIF Districts. It is not intended to be cumulative. Transfers are included should funds be required to be moved from one fund to another before an expenditure. Subsection 1.6. Estimated Amount of Bonded Indebtedness (As Modified October 7, 1996) The City may issue a revenue bond, general obligation bond, or other type of obligation in one or more series to finance any or all of the total estimated public costs authorized to be paid under Subsection 1.5 of this modification, but not to exceed $47,750,000, plus any interest costs. Subsection 1.9. Parcels To Be Acquired in Whole or in Part Within the Redevelopment Project No. 1 (As Modified October 7, 1996) Properties identified for potential acquisition by the City are modified to include the following parcels (properties between Quentin and Monterey along the north side of Excelsior Boulevard): Excelsior Boulevard 4500 06-028-24-43-0074 (commercial) 4501 07-028-24-12-0047 “ 4504 06-028-24-43-0075 “ 4509 07-028-24-12-0048 “ 4510 06-028-24-43-0076 “ 4514 06-028-24-43-0077 “ 4520 06-028-24-43-0078 “ 4530 07-028-24-12-0170 “ 4600 07-028-24-12-0174 “ 4601 07-028-24-12-0049 “ 4608 07-028-24-21-0116 “ 4611 07-028-24-12-0050 “ 4615 07-028-24-12-0051 “ 4617 07-028-24-12-0052 “ 4637 07-028-24-21-0009 “ 4700 07-028-24-21-0255 “ 4701 07-028-24-21-0011 “ 4725 07-028-24-21-0012 “ 4730 07-028-24-21-0251 “ 4800 07-028-24-21-0250 “ 4801 07-028-24-21-0252 “ 4808 07-028-24-21-0107 “ 4811 07-028-24-21-0015 “ 4814 07-028-24-21-0108 “ 4816 07-028-24-21-0109 “ 4820 07-028-24-21-0117 “ 4821 07-028-24-21-0016 “ 4825 07-028-24-21-0017 “ 4900 07-028-24-21-0002 “ 4901 07-028-24-21-0031 “ 4907 07-028-24-21-0032 “ 4911 07-028-24-21-0033 “ 4916 07-028-24-21-0004 “ 4920 07-028-24-21-0005 “ 4950 07-028-24-21-0006 “ 4951 07-028-24-21-0253 “ 5000 07-028-24-22-0032 “ Monterey Drive 3730 06-028-24-43-0080 (residential) Natchez Avenue S. 3724 06-028-24-34-0002 (residential) 3732 06-028-24-34-0003 “ 3736 06-028-24-34-0004 “ 3744 06-028-24-34-0005 “ Ottawa Avenue S. 3737 06-028-24-34-0016 (residential) 3742 06-028-24-34-0008 “ 3743 06-028-24-34-0007 “ 3750 06-028-24-34-0009 “ 3754 06-028-24-34-0010 “ 3755 06-028-24-34-0006 “ Princeton Avenue S. 3800 07-028-24-21-0099 (residential) 3801 07-028-24-21-0098 (open space) 3804 07-028-24-21-0254 (residential) 3951 07-028-24-21-0112 38th Street W. 4545 06-028-24-43-0079 (commercial) 4810 06-028-24-34-0011 (residential) 4822 06-028-24-34-0012 “ 4830 06-028-24-34-0013 “ 4900 06-028-24-34-0001 “ (As Modified September 7, 1997) Monterey Drive 3741 06-028-24-43-0067 (residential) 3743 06-028-24-43-0065 (commercial) Subsection 1.21. Estimated Impact on Other Taxing Jurisdictions (As Modified October 7, 1996) The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the EDA and City, the following is the estimated total impact of the Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts as of Pay 1996 if the "but for" test was not met: 1995/96 Tax Capacity Estimated Captured Tax Capacity (CTC) Percent of CTC to Entity Total Hennepin County 1,006,485,910 3,473,270 0.345% I.S.D. No. 283 39,101,878 3,473,270 8.883% City of St. Louis Park 42,471,236 3,473,270 8.178% Obligations currently exist for the Excelsior Boulevard, Oak Park Village and Highway 7 Tax Increment Financing Districts. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed above and below is the total captured tax capacity of the District, including the portion currently being devoted to existing obligations. 1995/96 Tax Extension Rates Percentage of Total CTC Taxes Hennepin County 37.270 26.60% 3,473,270 1,294,488 I.S.D. No. 283 74.317 53.04% 3,473,270 2,581,230 City of St. Louis Park 20.095 14.34% 3,473,270 697,954 Metro. Spec. Districts 5.063 3.61% 3,473,270 175,852 Other Taxing Districts 3.370 2.41%3,473,270 117,049 140.115 100.00% 3,473,270 4,866,572 In addition, the impacts on School Districts Nos. 283 does not include the effect of state aids for education upon school district funding. (As Modified September 2, 1997) The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the EDA and the City, the following is the estimated total impact of the Excelsior Boulevard, Oak Park Village and Trunk Highway 7 Tax Increment Financing Districts as of pay 1997 if the “but for” test was not met: 1996/97 Tax Capacity Estimated Captured Tax Capacity (CTC) Percent of CTC to Entity Total Hennepin County 973,063,287 3,410,295 0.350% I.S.D. No. 283 37,069,781 3,410,295 9.200% City of St. Louis Park 40,258,519 3,410,295 8.471% Obligations currently exist for the Excelsior Boulevard, Oak Park Village and Trunk Highway 7 Tax Increment Financing Districts. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed above and below is the total captured tax capacity of the Districts, including the potion currently being devoted to existing obligations. 1996/97 Tax Extension Rates Percent of Total CTC Taxes Hennepin County 35.515 26.60% 3,410,295 1,211,166 I.S.D. No. 283 62.954 53.04% 3,410,295 2,146,917 City of St. Louis Park 19.80 14.34% 3,410,295 675,238 Metro. Spec. Districts 4.926 3.61% 3,410,295 167,991 Other Taxing Districts 3.052 2.41%3,410,295 104,082 126.247 100.00% 4,305,394 In addition, the impacts on School District No. 283 does not include the effect of state aids for education upon school district funding. (AS MODIFIED JANUARY 16, 2007) Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the Districts will be based on the market values placed on the property by the assessor in 2006 for taxes payable 2007. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2008) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the Districts declines below the ONTC, no value will be captured and no tax increment will be payable to the EDA or City. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the Districts, within Project Area No. 1, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Trunk Highway 7 Project Estimated Tax Capacity upon Completion (PTC) $1,091,485 Pay 2007 Original Estimated Net Tax Capacity (ONTC) $316,758 Pay 2007 Estimated Captured Tax Capacity (CTC) $774,727 Original Local Tax Rate 1.07266 Pay 2006 Estimated Annual Tax Increment (CTC x Local Tax Rate) $831,019 Percent Retained by the EDA 100% IMPACT ON TAX BASE 2005/2006 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) Upon Completion Percent of CTCto Entity Total Hennepin County 1,229,390,982 $774,727 0.06% City of St. Louis Park 47,003,115 $774,727 1.65% ISD No. 283 44,623,867 $774,727 1.74% IMPACT ON TAX RATES 2005/2006Extension Rates Percentof Total CTC PotentialTaxes Hennepin County 0.410160 38.24% 774,727 317,762 City of St. Louis Park 0.363440 33.88% 774,727 281,567 ISD No. 283 0.205770 19.18% 774,727 159,416 Other 0.093290 8.70%774,727 72,274 Total 1.072660 100.00%831,019 (AS MODIFIED JANUARY 16, 2007) Subsection 1.21 Summary. The City of St. Louis Park and the St Louis Park Economic Development Authority are modifying the Excelsior Boulevard Tax Increment Financing District, the Oak Park Village Tax Increment Financing District and the Trunk Highway 7 Tax Increment Financing District to preserve and enhance the tax base, redevelop substandard areas, and increase employment of the City. The modification to the Tax Increment Financing Plans for the Excelsior Boulevard Tax Increment Financing District, the Oak Park Village Tax Increment Financing District and the Trunk Highway 7 Tax Increment Financing District was prepared by Ehlers and Associates, Inc.,3060 Centre Pointe Drive, Minnesota 55113, telephone (651) 697-8500. APPENDIX A BOUNDARY MAP OF REDEVELOPMENT PROJECT NO. 1 St. Louis Park Council Meeting Item: 011607 - 8a - Appoint Mayor Pro Tem 2007 Page 1 8a. Election of Mayor Pro-tem State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem for 2007 BACKGROUND: Minnesota State Statute section 412.121 states that at the first meeting held each year the Council shall choose an acting Mayor from the Council members. The acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor, until a successor has been appointed. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 8a - Appoint Mayor Pro Tem 2007 Page 2 RESOLUTION NO. 07-005 RESOLUTION APPOINTING SUSAN SANGER TO THE OFFICE OF MAYOR PRO-TEM FOR THE YEAR 2007 WHEREAS, Minnesota State Statute Section 412.121 requires cities to choose each year an acting Mayor from the Council members; and WHEREAS, the acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor until a successor has been appointed and qualifies; and WHEREAS, the Council has carefully reviewed the qualifications of all Council members and has considered the desires of the residents and the welfare of the City as a whole, NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council that Susan Sanger is hereby appointed Mayor Pro-tem of the City of St. Louis Park and shall serve in that capacity until a duly elected successor assumes the office at the first regular City Council meeting in 2008. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011607 - 8b - 6900 CUP - Linen Effects - Oxford Street Page 1 8b. Linen Effects – Major amendment to Conditional Use Permit Location: 6900 Oxford Street Case No.: 06-67-CUP Recommended Action: Motion to adopt Resolution approving a major amendment to the Conditional Use Permit, subject to conditions as recommended by Planning Commission and Staff DESCRIPTION OF REQUEST: The applicant requests approval of a major amendment to an existing Conditional Use Permit (CUP) to allow an addition to be constructed on pilings within the flood fringe. The floodplain ordinance requires CUP approval of any method other than fill used to elevate the building above the regulatory floodplain elevation. A CUP is required because the applicant is proposing to use pilings instead of fill. Site Map: Zoning: IG – General Industrial Comprehensive Plan: Industrial St. Louis Park Council Meeting Item: 011607 - 8b - 6900 CUP - Linen Effects - Oxford Street Page 2 DEVELOPMENT PROPOSAL: A CUP was granted on March 7, 1988 to allow the existing building to be constructed on fill within the floodplain. The purpose of the fill was to elevate the proposed building so that it could be constructed outside of the floodplain. As a result of that approval, the finished floor of the existing building is two feet above the floodplain elevation, which meets the minimum separation required by FEMA and the City’s floodplain ordinance. The addition will be constructed on pilings instead of fill to reduce the amount of floodplain mitigation that is required. As a result, in the event of a flood, the water will flood the same areas of the property as it would have in the past, except that the flood water will be stored under the proposed building addition instead of in what is now the parking lot. The proposed addition is a one story, 10,600 square foot that will provide a 930 square foot shipping area, 330 square foot interior trash room, a small office and approximately 8,600 square feet of additional storage area. ZONING ANALYSIS: Floodplain: The FEMA floodplain elevation for this property is 894. The regulatory floodplain elevation (the minimum floor elevation allowed for structures in the floodplain districts) is 896. The addition is proposed to be constructed with a minimum floor elevation of 896.1. Proposed Use: Linen Effects is a company that will assist individuals in the planning and decorating of weddings, banquets and other special occasions. They will also provide the linens, tables, chairs and numerous decorations and accessories for the event. The proposed use of showroom/warehouse is a permitted use in the IG - General Industrial Zoning District. Setbacks: The required and proposed setbacks for the addition proposed are detailed in the following table: Required Yards Required Minimum Provided Front (along Louisiana Ave) 20’ 20’ Side (North) 0’ 5.3’ Side (along Oxford St) 15’ 23.5’ Rear (West) 10’ 10.3’ St. Louis Park Council Meeting Item: 011607 - 8b - 6900 CUP - Linen Effects - Oxford Street Page 3 Exterior Building Materials: The existing building is stucco and glass, both class I materials. The addition will be constructed of tip-up panels with a stucco finish to match the existing building. Parking: The total parking requirement is as follows: Use Required Provided Showroom/Warehouse 22 spaces 31 spaces Loading Docks: The proposed addition will have two small loading docks facing Oxford. The city code encourages loading facilities to be screened from residential areas and from streets to the best extent reasonable. However, the screening requirement does not apply when the only reasonable alternative is to face the docks to the street. In this proposal, staff determined that the proposed location is the only reasonable location for the docks, and that the applicant made a good faith effort to reasonably screen the docks by recessing them 20 feet into the building, and by installing smaller 8 foot wide doors as opposed to doors that can be up to 12 feet in width. Landscaping: The applicant agreed to plant a cluster of six conifers at the southwest corner of the property to bring that side of the property into compliance with the buffer requirement. They also agreed to install low lying shrubs, fence or combination along the edge of the parking lot to block headlights from shining into the r.o.w. These are included in staff’s recommendation. Stormwater: The storm water and flood mitigation plans were reviewed and approved by staff, Minnehaha Creek Watershed and the DNR. Two small underground storage tanks are included to mitigate the flood storage lost by the pilings themselves. Conditional Use Permit Standards: The floodplain ordinance identifies six standards that must be met when granting a conditional use permit in the floodplain. Four of the six refer to enclosed storage areas that are designed to flood internally. The proposed building will not internally flood, so those four criteria do not apply. The remaining two criteria are things the city requires for any industrial structure. The proposed structure must be designed and certified by a professional engineer or architect, and the site must provide an erosion control plan. St. Louis Park Council Meeting Item: 011607 - 8b - 6900 CUP - Linen Effects - Oxford Street Page 4 PUBLIC PROCESS: The Planning Commission held a public hearing on January 2, 2007. No one from the public submitted comments or attended the hearing. The Commission recommended approval of the application with the conditions recommended by staff and an additional condition that the perimeter of the building be enclosed in such a manner that allows water to pass through, yet prevents people and animals from getting under the building. The applicant agreed to provide a skirt around the building that will meet this condition. A detail is in the process of being drawn, and will be submitted prior to the Council meeting for staff review and Council consideration. Recommendation: Planning Commission and Staff recommend approval of a major amendment to the Conditional Use Permit to allow pilings to be used to elevate the addition to an elevation that is above the regulatory flood plain elevation at 6900 Oxford Street, subject to the following conditions: 1. The site plan, grading and drainage plan, floor plan and elevation exhibits are to be replaced with the approved plans. 2. The applicant agrees to maintain the water runoff detention areas to prevent the accumulation of salt and debris in these areas. 3. Six conifer trees are to be planted in a cluster in the southwest corner of the property to meet the bufferyard requirements. 4. Shrubs, fence or any combination thereof, no taller than 36 inches in height are to be installed along the south and east edge of the parking lot to prevent headlights from shining into the right-of-way. 5. All trash and storage areas shall be contained inside the building as indicated on the approved floor plan. 6. The parking lot is to be re-striped in accordance to the approved plan. 7. The perimeter of the building is to be secured in such a manner that allows water to pass through, yet prevents people and animals from getting under the building. Attachments: Aerial photo Proposed Resolution Construction plans Application Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607 - 8b - 6900 CUP - Linen Effects - Oxford Street Page 5 AERIAL St. Louis Park Council Meeting Item: 011607 - 8b - 6900 CUP - Linen Effects - Oxford Street Page 6 RESOLUTION NO. 07-006 A RESOLUTION RESCINDING RESOLUTION NO. 88-34 ADOPTED ON MARCH 7, 1988, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 36-294(d)(3) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN ADDITION TO BE CONSTRUCTED ON PILINGS WITHIN THE FLOOD PLAIN FOR PROPERTY ZONED GENERAL INDUSTRIAL (IG) DISTRICT, AND THE FLOOD FRINGE (FF) DISTRICT, LOCATED AT 6900 OXFORD STREET FINDINGS WHEREAS, Linen Effects made application to the City Council for a major amendment to the Conditional Use Permit under Section 36-294(d)(3) of the St. Louis Park Ordinance Code to permit the construction of an addition on pilings in the flood fringe at 6900 Oxford Street within a General Industrial (IG) District, and Flood Fringe (FF) District having the following legal description: Lot 2, Block 1, Otterlei Addition WHEREAS, the City Council considered the advice and recommendation of the Planning Commission (Case Nos. 06-67-CUP, 83-76-SP and 87-49-SP) and the effect of the construction on pilings in the flood fringe district 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 and the effect of the use on the Comprehensive Plan; and WHEREAS, a special permit was issued for an open storage yard on the subject property pursuant to Resolution No. 86-77 of the St. Louis Park City Council dated June 16, 1986, which contained conditions applicable to said property; however, the open storage yard was not established and the special permit expired; and WHEREAS, a new special permit was issued to allow the placement of fill in the floodplain pursuant to Resolution No. 87-86 of the St. Louis Park City Council dated July 20, 1987; and WHEREAS, Resolution No. 87-86 was continued and restated by Resolution No. 88-34, adopted on March 7, 1988; and WHEREAS, it is the intent of this resolution to rescind Resolution No. 88-34 and adopt a new Resolution continuing the use with amended conditions from Resolution No. 88-34, and allowing an addition to the existing building to be constructed on pilings within the flood fringe district. St. Louis Park Council Meeting Item: 011607 - 8b - 6900 CUP - Linen Effects - Oxford Street Page 7 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 88-34 is hereby rescinded and replaced by this resolution which permits an addition to the building to be constructed on pilings within the General Industrial (IG) District, and the Flood Fringe (FF) District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A1.1 – Floor Plan, Exhibit A2.1 Elevations, Exhibit B.1 – Site Plan, and Exhibit C.1 & C.2 – Grading and Drainage Plan; subject to the following: a. The applicant agrees to maintain the water runoff detention areas to prevent the accumulation of salt and debris in these areas. b. All trash and recycling areas shall be contained inside the building as indicated on the approved floor plan. c. Six conifer trees are to be planted in a cluster in the southwest corner of the property to meet the bufferyard requirements. d. Shrubs, fence or any combination thereof, no taller than 36 inches in height are to be installed along the south and east edge of the parking lot to prevent headlights from shining into the right-of-way. e. The parking lot is to be re-striped in accordance to the approved plan. f. The perimeter of the building is to be secured in such a manner that allows water to pass through, yet prevents people and animals from getting under the building. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 1 6a. Public Hearing and Assessment Hearing: Alley Paving – 2900 block of Raleigh and Salem Avenue (City Project No. 2007-2900) This report considers paving the alley in the 2900 block of Raleigh and Salem Avenue Recommended Action: Mayor to open and close Public Hearing: • Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 2900 block of Raleigh and Salem Avenue, Project No. 2007-2900, approving plans and specifications and authorizing receipt of bids. Mayor to open and close Assessment Hearing: • Motion to adopt the attached resolution establishing the assessment for Project No. 2007-2900. BACKGROUND: At its December 18, 2006 meeting, the City Council approved the Project Report for construction of a concrete alley in the 2900 block of Raleigh and Salem Avenue, and scheduled the Public Hearing and the Assessment Hearing for January 16, 2007. The City’s assessment policy (Res. #00-078) for funding alley improvements requires abutting property owners to pay 100 % of the improvement costs. A petition for this work, signed by 56% of the benefited property owners, was submitted to the City on August 11, 2006. A neighborhood meeting attended by 10 property owners was held November 21, 2006 where staff presented information on the proposed construction, assessment costs and a typical construction schedule. The property owners who attended the meeting were mostly supportive of the project. There was one owner who expressed his objection to this project being assessed. The purpose of holding the hearings prior to implementation of the project is to allow the City to consider any objections to the assessment or the project before it is built. General background information on the alley project is summarized below: Location: 2900 block of Raleigh and Salem Avenue Proposed Project: Paving existing gravel alley with concrete Assessment Data: 100% of the cost for the concrete alley paving is proposed to be assessed to the abutting property owners. The costs will be apportioned in accordance with the City’s special assessment policy with direct and indirect benefits. ESTIMATED COST: Estimated cost: $91,278 Total Assessment: $91,278 Number of parcels: 19 Assessment Period: 20 years Interest rate: 5.90% St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 2 NOTIFICATION: Abutting property owners have received written notice of the public hearing and assessment hearing, including date, time and assessment amount. ALLEY IMPROVEMENT PROJECT TIMETABLE: • Public Hearing & Assessment Hearing January 16, 2007 • End of 30 Day Appeal on Assessments February 15, 2007 • Advertise for bids February/March 2007 • Bid Opening March 2007 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals March 2007 • Construction Spring-Summer 2007 Total construction time should be 4-5 weeks. RECOMMENDATION: Staff recommends proceeding with this project as outlined above. Attachments: Resolution (Order Project & Authorize Advertisement for Bids) Resolution (Adopt Assessment Improvement) Assessment Spread Sheet Map (Supplement) Project Report – (4b - December 18, 2006 City Council Report) Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Scott Brink, City Engineer Michael P. Rardin, Director of Public Works Cory Bultema, City Assessor Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 3 RESOLUTION NO. 07-002 RESOLUTION ESTABLISHING AND ORDERING AN IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A CONCRETE ALLEY IN THE 2900 BLOCK OF RALEIGH AND SALEM AVENUE, PROJECT NO. 2007-2900, AND APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SAME WHEREAS, pursuant to a resolution passed by the City Council of the City of St. Louis Park on the 18th day of December, 2006, the City Engineer, or designee, has prepared plans and specifications for the construction of a concrete alley in the 2900 block of Raleigh and Salem Avenue and has presented such plans and specification to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. Such improvement is necessary, cost effective, and feasible as detailed in the Project Report. 2. The proposed project is hereby established and ordered. 3. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer or designee, are approved. 4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least one week in the Construction Bulletin, an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 5. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the scheduled Spring 2007 letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City Clerk RESOLUTION NO. 07-003 St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 4 RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT NO. 2007-2900, ALLEY PAVING IN THE 2900 BLOCK OF RALEIGH AND SALEM AVENUE. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Notice of hearing on this improvement was duly mailed on January 3, 2007 and published in the official City newspaper, the St. Louis Park Sailor, on January 4, 2007 and January 11, 2007 as required by Minnesota Statutes, Chapter 429. 2. A public hearing having been held on this date and opportunity having been given at the hearing to all persons to make known their objections to the proposed assessment, and the Council being fully advised of the pertinent facts, the proposed assessment as it deems just is adopted and shall constitute the special assessment levied against the respective lands therein described, and each tract of land is found to be specifically benefited by the improvements in the amount of assessment levied against it. 3. The assessment shall be payable, unless prepaid, in equal annual installments extending over the period of 20 years. The first installment shall be payable concurrently with general taxes levied in the year 2007, and payable in the year 2008, and shall bear interest at the rate of 5.90 percent per annum. To the first installment shall be added interest on the entire assessment from November 1, 2007, until December 31, 2007, the year in which the assessment will be levied. For subsequent installments, interest shall be added for one year on the total of all unpaid installments. No interest will be charged as to any parcel if the entire assessment is paid at the Office of the Treasurer within 30 days from the date of adoption of the assessment resolution. 4. The location of the construction improvement over which installments are to be extended for a period of 20 years is as follows: Improvement # Type of Improvement Location 2007-2900 Alley Paving 2900 Block of Raleigh and Salem Avenue 5. The Finance Department shall transmit a certified copy of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Reviewed for Administration: Adopted by the City Council January 16, 2007 City Manager Mayor Attest: City C lerk St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 5 Indirect Direct Total Cost Date of Cost Allocations Preliminary Project Estimates 08-26-2003 Revised Project Estimates $22,522.80 $52,553.20 $75,076.00 06-09-2006 Revised Project Estimates $27,383.39 $63,894.57 $91,277.96 11-20-2006 Revised Project Estimates $27,383.39 $63,894.57 $91,277.96 12-11-2006 Revised (Project #) Finalized Project Costs (to be Certified) N/A To Be Determined Total Project Lineal Ft Cost/Ft Allocated Lineal Ft Cost/Ft Allocated Cost P.I.D.1,136.70 $24.09 $27,383.39 978.70 $65.29 $63,894.57 $91,277.96 2900 Raleigh Ave S 31-029-24-33-0114 40.00 3.5%$963.61 0.00 0.0%$0.00 $963.61 2904 Raleigh Ave S 31-029-24-33-0113 40.00 3.5%$963.61 40.00 4.1%$2,611.41 $3,575.02 2908 Raleigh Ave S 31-029-24-33-0112 80.00 7.0%$1,927.22 80.00 8.2%$5,222.81 $7,150.03 2916 Raleigh Ave S 31-029-24-33-0111 40.00 3.5%$963.61 40.00 4.1%$2,611.41 $3,575.02 2920 Raleigh Ave S 31-029-24-33-0110 40.00 3.5%$963.61 40.00 4.1%$2,611.41 $3,575.02 2924 Raleigh Ave S 31-029-24-33-0109 60.00 5.3%$1,445.42 60.00 6.1%$3,917.11 $5,362.52 2930 Raleigh Ave S 31-029-24-33-0108 58.00 5.1%$1,397.23 0.00 0.0%$0.00 $1,397.23 2936 Raleigh Ave S *31-029-24-33-0107 75.00 6.6%$1,806.77 75.00 7.7%$4,896.39 $6,703.15 2901 Salem Ave S 31-029-24-33-0096 60.00 5.3%$1,445.42 0.00 0.0%$0.00 $1,445.42 2907 Salem Ave S 31-029-24-33-0097 60.00 5.3%$1,445.42 60.00 6.1%$3,917.11 $5,362.52 2915 Salem Ave S 31-029-24-33-0098 80.00 7.0%$1,927.22 80.00 8.2%$5,222.81 $7,150.03 2919 Salem Ave S 31-029-24-33-0099 40.00 3.5%$963.61 40.00 4.1%$2,611.41 $3,575.02 2925 Salem Ave S 31-029-24-33-0100 40.00 3.5%$963.61 40.00 4.1%$2,611.41 $3,575.02 2929 Salem Ave S 31-029-24-33-0101 40.00 3.5%$963.61 40.00 4.1%$2,611.41 $3,575.02 2933 Salem Ave S 31-029-24-33-0102 40.00 3.5%$963.61 40.00 4.1%$2,611.41 $3,575.02 2937 Salem Ave S *31-029-24-33-0103 73.00 6.4%$1,758.59 73.00 7.5%$4,765.82 $6,524.40 5100 Minnetonka Blvd 31-029-24-33-0106 90.00 7.9%$2,168.12 90.00 9.2%$5,875.66 $8,043.79 5112 Minnetonka Blvd 31-029-24-33-0105 90.00 7.9%$2,168.12 90.00 9.2%$5,875.66 $8,043.79 5124 Minnetonka Blvd 31-029-24-33-0104 90.70 8.0%$2,184.99 90.70 9.3%$5,921.36 $8,106.35 Total 1,136.70 100.0%$27,383.39 978.70 100.0%$63,894.57 $91,277.96 * Double frontage parcels noted. Allocations are based on the alley footage at lot rear. 30% Cost - Dust/Noise/Mud 70% Cost - Garage/Access Property Address Proposed Alley Paving -- Project 2007-2900 2900 Block Raleigh-Salem-Minnetonka Indirect Benefit Allocations Direct Benefit Allocations Cost Allocations Shown -- Revised St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 6 ****REPORT FROM MEETING OF DECEMBER 18, 2006**** 4b. Motion to adopt resolution that accepts project report, establishes Improvement Project and sets a Public Hearing and Assessment Hearing date of January 16, 2007 for Alley Paving – 2900 block between Raleigh and Salem Avenues. Project No. 2007-2900. BACKGROUND: On August 11, 2006, the residents in the 2900 block of Raleigh and Salem Avenues submitted a petition to the City requesting that the alley adjacent to their properties be paved in accordance with the City’s standard for alleys. The petition was signed by enough property owners (56%) to advance the project. The City’s policy states that at least 51% of the properties (alley front feet) must sign the initial petition. Council adopted a resolution declaring adequacy of petition at their December 4, 2006 meeting date. The alley configuration is “T” shaped which abuts the rear property line of nineteen (19) parcels on Raleigh, Salem and Minnetonka Blvd, all of which would be assessed under our policy. Sixteen of the parcels are single family homes, two parcels are multifamily apartments and one parcel serves as a parking lot for the St. George Episcopal Church. City Alley Paving Special Assessment Policy: The City’s Alley Paving Special Assessment Policy is as follows: A. The cost of alley improvements for residential properties shall be assessed when at least 51 percent (alley front feet) of the property owners petition for the improvement: 1. Thirty (30) percent of the cost of the improvement shall be assessed against all properties abutting the alley. (INDIRECT BENEFIT) 2. Seventy (70) percent of the cost of the improvement shall be assessed against directly benefited properties as defined in paragraph 5(B). (DIRECT BENEFIT) B. A property is directly benefited if it has an existing garage with direct access to the alley, if an access to the alley could be constructed from an existing garage, or if no garage exists, there is sufficient area on the lot to build a garage with access to the alley. C. Commercial and multi-family property owners shall be assessed 100 percent of the cost of the improvement. D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years. ANALYSIS: The City’s standard design for alley paving specifies a six (6)-inch thick concrete pavement, 10 feet in width, with driveway apron connections between the paved alley and abutting paved driveways. In accordance with City practice, the driveway connections will match existing materials and grades. Pavement grades will be established to provide positive drainage, however, storm sewer is needed to properly convey the water off the rear of the properties along Minnetonka Blvd. Staff has recently completed preliminary plans and a detailed estimate of the proposed alley. St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 7 PUBLIC INVOLVEMENT PROCESS: Staff held an informational meeting for area residents on November 21, 2006 to inform residents of the proposed project. Ten (10) residents attended the meeting representing eight (8) properties. Staff provided an overview of the project and discussed the assessment process. Staff discussed the need for adding storm sewer to the project which was not provided for in the original construction estimate circulated during the petitioning period. The addition of storm sewer increased the original construction estimate by approximately $15,000. An updated cost estimate has been mailed to all of the property owners. Once the project is awarded, staff will schedule another meeting with the affected property owners to discuss the construction schedule. FINANCIAL CONSIDERATIONS: The City’s Policy for funding alley improvements requires the abutting property owners to pay 100% of the improvement costs. The Policy also provides for the assessments to be levied as direct and indirect benefits based upon abutting frontage. To assist the petition sponsor, City staff provides the petition forms and a rough estimate of the alley construction cost before the sponsor begins to gather signatures. Our initial rough estimate which considered only concrete paving with a limited amount of grading work was $75,076. Now that preliminary plans are complete, staff has prepared a detailed estimate that puts the cost at $91,278. The increased cost is for the addition of storm sewer to provide proper drainage throughout the alley. An estimate of the assessment amount for each property is attached. A summary of the estimated costs and revenue sources is as follows: Estimated Costs: Construction Costs $74,818 Contingencies (10%) $ 7,482 Engineering & Administrative (12%) $ 8,978 TOTAL $91,278 Revenue Sources: Special Assessments $91,278 Alley Improvement Project Timetable: Should the City Council approve the Project Report, it is anticipated that the following schedule could be met: • City Engineer’s Report to City Council December 18, 2006 • City Council holds Public Hearing & Assessment Hearing January 16, 2007 • End of 30 Day Appeal on Assessments February 15, 2007 • Advertise for bids Late February 2007 • Bid Opening March 2007 • Bid Tab Report to Council March 2007 • Preconstruction meeting with residents Spring 2007 • Construction Spring 2007 St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 8 FEASIBILITY: The project, as proposed herein, is cost-effective and feasible under the conditions noted and at the costs estimated. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution accepting the Project Report, establishing a project for these improvements, and setting a public hearing and assessment hearing date for January 16, 2007. Attachments: Resolution Property owner list with estimated assessments (Supplement) Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Michael P. Rardin, Public Works Director Scott Brink, City Engineer Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011607- 6a - 2900 Raleigh Salem Alley Public Hearing 2007-2900 Page 9 RESOLUTION NO. 06-196 RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING AN ALLEY IMPROVEMENT PROJECT, PROJECT NO. 2007-2900 AND SETTING A PUBLIC HEARING AND ASSESSMENT HEARING DATE OF JANUARY 16, 2007 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the alley paving in the 2900 block of Raleigh and Salem Avenues NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding the alley paving in the 2900 block of Raleigh and Salem Avenues is hereby accepted. 2. This proposed alley paving improvement project is hereby established. 3. A public hearing shall be held on such proposed improvements on the 16th day of January, 2007, in Council Chambers of the City Hall at 7:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Reviewed for Administration: Adopted by the City Council December 18, 2006 City Manager Mayor Attest: City Clerk