Loading...
HomeMy WebLinkAbout2007/03/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MARCH 5, 2007 7:30 p.m. 7:00 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 3. Approval of Minutes 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 7. Requests, Petitions, and Commissions from the Public 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Project Report: Local Street Rehabilitation Project – Area 3, Project No. 2006- 1000 and Municipal State Aid (MSA) Street Rehabilitation Project – Area 3, Project No. 2006-1100 This report considers both the Residential Pavement Management Project and the MSA Street Rehabilitation Project scheduled for the 2007 construction season in Area 3 of the City’s Pavement Management Program. The streets selected for work will have their existing asphalt pavement removed and then replaced with a new asphalt surface. Other work associated with the project will include water main replacement on select streets and drainage system repairs. Recommended Action: Motion to adopt resolution accepting this report, establishing and ordering Improvement Project No. 2006-1000 and Improvement Project No. 2006-1100, approving plans and specifications, and authorizing advertisement for bids. 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 MARCH 5, 2007 SECTION 4: 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 Council member or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to approve Professional Services Agreement with Lockridge Grindal Nauen for 2007. 4b. Motion to approve Resolution in support of the Glencoe Railroad Mitigation Project. 4c. Motion to adopt a Resolution approving a Minor Amendment to a Planned Unit Development (PUD) for parking lot traffic circulation and parking structure improvements at 3800 and 3900 Park Nicollet Boulevard and 5100 Excelsior Boulevard, subject to conditions in the Resolution. 4d. Motion to approve the issuance of a Taxable TIF Revenue Note, Series 2007A, in an original aggregate principal amount not to exceed $2,600,000 to facilitate the development of the second phase of the Hoigaard Village mixed-use project. 4e. Motion to approve Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 3230 Gorham Ave., St. Louis Park, MN 55426. 4f. Motion to adopt a Resolution Authorizing the Execution of a Grant Agreement with the Metropolitan Council. 4g. Motion to approve amendments to the St. Louis Park Community Celebration Service Agreement with Parktacular, Inc. 4h. Bid Tabulation: Motion to reject the bids for the Sanitary Grit Disposal Facility – Project No. 2006-1500 and authorize re-advertisement for bids. 4i. Motion to approve for Filing the Planning Commission Minutes of January 3, 2007. 4j. Motion to approve for Filing Vendor Claims St. Louis Park City Council Meeting Item: 030507 - 4a - Professional Services Agreement Lockridge Grindal Nauen Page 1 4a. Motion to approve Professional Services Agreement with Lockridge Grindal Nauen for 2007. BACKGROUND: As discussed with Council at a recent study session, federal relations services are needed to attempt to secure federal funding for transportation improvements within the City of St. Louis Park. The list of Council’s priority projects includes: § Hwy. 7 and Wooddale § TH100 – full build project § Hwy 7 and Louisiana § Glencoe Railroad Mitigation Project In 2009, the federal transportation authorization (SAFTE-LU) will be renewed and legislators will choose transportation projects nationwide for funding over a six year period of time. Staff believes that this may be the only viable source of funding for these projects. In order to seek the funding, Council and staff will need professional assistance to make successful applications. The Glencoe project is the only exception to this, as staff is seeking a federal appropriation (annual process) for the remaining $2.5 million. For this purpose and at Council’s direction, staff has identified Dennis McGrann, Lockridge Grindal Nauen P.L.L.P. as the lead lobbyist for this legislative effort. The city will retain Mr. McGrann for 2007, with the understanding that the contract will likely be renewed in 2008 and 2009 to prepare for the SAFTE-LU appropriation process. His scope of services is described in detail in the attached letter of agreement. The city will continue to work with Vic Moore and Doug Franzen, Rider Bennett, for state appropriation requests. FINANCIAL: The professional services agreement is Lockridge Nauen Grindal is for $36,000 annually, with a monthly retainer of $3,000. As previously discussed, the source of funding for this contract will be HRA levy proceeds. Attachment: Professional Services Agreement with Lockridge Grindal Nauen P.L.L.P. Prepared By: Marcia Honold, Management Assistant Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 4a - Professional Services Agreement Lockridge Grindal Nauen Page 2 St. Louis Park City Council Meeting Item: 030507 - 4a - Professional Services Agreement Lockridge Grindal Nauen Page 3 St. Louis Park City Council Meeting Item: 030507 - 4a - Professional Services Agreement Lockridge Grindal Nauen Page 4 St. Louis Park City Council Meeting Item: 030507 - 4b - Resolution Supporting Glencoe RR Mitigation Project Page 1 4b. Motion to approve Resolution in support of the Glencoe Railroad Mitigation Project. BACKGROUND: The Cities of Minnetonka, St. Louis Park, and Hopkins have been jointly working to eliminate noise and vibration disturbances to their residents living adjacent to segments of rail lines where rail car sorting operations are performed. In 1999, the Cities funded a noise study that concluded that these sorting operations generate noise levels that exceed the State of Minnesota noise standards. Since that time, the cities have actively pursued a permanent solution to mitigate the noise from these rail operations. Council has previously passed two resolutions, 01-119 and 05-079, in support of this project. The cities, with the help of State Representative Steve Simon and State Senator Ron Latz and former State Senator Steve Kelley, received $700,000 in state funding in 2006 for this project. The remaining project dollars, $2.5 million, must be secured before the state monies are available for construction. The switchyard will be owned and operated by the McLeod County Rail Authority in cooperation with the City of Glencoe and will be primarily used by the Twin Cities and Western Railroad (TC&W), which operates the rail cars and has been a cooperative partner with the cities. In addition, this project will also benefit the Southwest LRT; a future station in Hopkins will be built where there are existing rail blocking operations. Council is being asked to adopt a resolution in support of the appropriation for the FY2008 HUD appropriation process. Staff is in the process of submitting the necessary information to our Senators and Congressperson to allow this appropriation request to be made. Senators Norm Coleman and Amy Klobuchar have indicated strong support for this project as has Congressman Keith Ellison. Senator Coleman was able to insert $1 million for this project in FY2007. However, it was not included in the House version and following the election, no action was taken on the FY2007 HUD bills. Due to the size of the appropriation, it may require two funding cycles for this project to be funded. RECOMMENDATION: Council to make a motion to approve the resolution of support for a federal appropriation for a railroad switching yard in Glencoe, Minnesota. Attachment: Resolution in support of the Glencoe Railroad Mitigation Project Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 4b - Resolution Supporting Glencoe RR Mitigation Project Page 2 RESOLUTION NO. 07-029 RESOLUTION IN SUPPORT OF A FEDERAL APPROPRIATION FOR A RAILROAD SWITCHING YARD IN GLENCOE, MN WHEREAS, Cities of Minnetonka, St. Louis Park and Hopkins (the Cities) have been jointly working to eliminate noise disturbances to their residents living adjacent to segments of rail lines where rail car sorting operations are performed. WHEREAS, in 1999, the Cities funded a noise study that concluded these sorting operations generate noise levels that exceed the State of Minnesota noise standards; and WHEREAS, the Cities have actively pursued short-term and long-term solutions to mitigate the noise from these rail operations. To date, the short-term solutions have provided little improvement; and WHEREAS, the construction of a switching yard in Glencoe, Minnesota was identified as the long-term solution that would completely eliminate the blocking operations from the residential communities. A switching yard would be beneficial to Glencoe from both an operational and an economic development standpoint; and. WHEREAS, the state of Minnesota appropriated $700,000 for the construction of the switching yard in 2006; WHEREAS, an application for a Federal capital transportation appropriation for this project in the amount of $2,500,000 for land acquisition and design, development costs, and economic development funds to aid in the construction of a new railroad switching yard in Glencoe has been submitted; and NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of St. Louis Park does hereby support the application for a federal appropriation by the Cities of Minnetonka, St. Louis Park and Hopkins, in cooperation with the City of Glencoe and the McLeod County Rail Authority for a railroad switching yard in Glencoe, Minnesota. Reviewed for Administration: Adopted by the City Council March 5, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 030507 - 4c - Minor Amendment PUD - Parking Ramp at Park Nicollet Clinic Page 1 4c. Motion to adopt a Resolution approving a Minor Amendment to a Planned Unit Development (PUD) for parking lot traffic circulation and parking structure improvements at 3800 and 3900 Park Nicollet Boulevard and 5100 Excelsior Boulevard, subject to conditions in the Resolution. BACKGROUND: On August 2, 1993, the City Council adopted Resolution No. 93-117 granting approval of Phase I of a PUD to develop Park Nicollet Medical Center. A Master Plan for future Phase II was also approved, however this phase requires subsequent approval by the City Council. A portion of the Phase II plan was approved in 1996. Park Nicollet is requesting a Minor Amendment to the PUD to make changes to the City-owned parking structure at 3900 Park Nicollet Boulevard, and to expand the drive lane south of the parking structure in order to allow two-way traffic. This will improve access to parking and circulation through the campus. The changes to the parking structure include creating a new exit on the west side of the south building elevation, closing the existing exit, and reconfiguring the parking stall striping and loading areas within the ramp to improve efficiency. (See Sheet A1 in the exhibits.) The traffic disruptions within the campus are expected to be limited to two to four weeks depending upon weather conditions. SITE LOCATION: St. Louis Park City Council Meeting Item: 030507 - 4c - Minor Amendment PUD - Parking Ramp at Park Nicollet Clinic Page 2 ANALYSIS: The proposed changes are consistent with the original approvals for the project. The proposed changes improve access to existing parking and improve traffic circulation through the site and inside the ramp. The Zoning Ordinance allows for Minor Amendments to Planned Unit Developments if the proposed changes or modifications do not have an effect on the approved uses, required parking, floor area ratios, ground floor area ratios, useable open space, modifications to section requirements, or changes resulting in off-site impacts. The proposal to widen the existing one-way drive lane to accommodate two-way traffic results in a small net loss of open space (500 square feet). However, the campus would continue to meet or exceed open space requirements. The proposed changes result in a net loss of two parking stalls. However, the campus will continue to meet parking requirements. In addition, the proposed changes would improve access to currently underutilized parking stalls. The proposed site plan meets all ordinance design standards. The proposed drive lane is paved and finished with curb and gutter. Within the project area, four existing trees would be preserved and three trees removed. The applicant will plant three replacement trees within the project area. City staff reviewed the proposal and recommends approval with the following conditions: § The applicant installs tree protection fencing prior to any land disturbing activities. § The applicant installs a “Do Not Enter” or “No Right Turn” sign for eastbound traffic on Auto Club Way at the approach to the parking lot exit. § The applicant installs a hydrant marker on the new hydrant. § The applicant installs very clear signage indicating the clearance height for vehicles on the pedestrian walkway (skyway). Staff included the above recommendations as conditions of approval. RECOMMENDATION: Staff recommends approval of the Minor Amendment subject to the conditions in the resolution. Attachments: Resolution Park Nicollet Medical Center Final PUD Master Plan (supplement) Development Plans (supplements) Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 4c - Minor Amendment PUD - Parking Ramp at Park Nicollet Clinic Page 3 RESOLUTION NO. 07-030 Amends and Restates Resolution Nos. 93-117, 96-180 and 03-141 A RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 93-117 ADOPTED ON AUGUST 2, 1993, 96-180 ADOPTED NOVEMBER 18, 1996, AND 03-141 ADOPTED OCTOBER 7, 2003 AMENDING THE FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED O – OFFICE, C2 – COMMERCIAL AND RC – HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL LOCATED AT THE NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND HIGHWAY 100 WHEREAS, Park Nicollet applied to the City Council for a Minor Amendment to the Final Planned Unit Development (Final PUD) for Park Nicollet Medical Center, legally described as: Lots 1-5, Block 1, Tower Place WHEREAS, Park Nicollet proposes to make parking lot circulation and parking structure improvements at 3800 and 3900 Park Nicollet Boulevard and 5100 Excelsior Boulevard, legally described as Lots 1, 4 and 5, Block 1, Tower Place; and WHEREAS, the City Council considered the information related to Planning Case No. 07-03-PUD and the effect of the proposed parking lot circulation and parking structure improvements 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 provisions of the Zoning Ordinance; and WHEREAS, a Final PUD for Phase I - Park Nicollet Medical Center was approved regarding the subject property to permit Phase I of a medical clinic pursuant to Resolution No. 93-117 of the St. Louis Park City Council dated August 2, 1993 which contained conditions applicable to said property; and WHEREAS, a Final PUD was approved for a portion of Phase II development to allow a two-story expansion and remodeling of the 3850 Park Nicollet Boulevard medical clinic building pursuant to Resolution No. 96-180 of the St. Louis Park City Council dated November 18, 1996 which contained conditions applicable to said property; and WHEREAS, a Minor Amendment to the Final PUD was approved for an interim parking lot expansion at 3850 and 3900 Park Nicollet Boulevard pursuant to Resolution No. 03-141 of the St. Louis Park City Council dated October 7, 2003 which contained conditions applicable to said property; and St. Louis Park City Council Meeting Item: 030507 - 4c - Minor Amendment PUD - Parking Ramp at Park Nicollet Clinic Page 4 WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 93-117, 96-180 and 03-141, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 93-18-PUD, 96-26-PUD, 03-49-PUD and 07-03-PUD are hereby entered into and made part of the public record for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED, that Resolution Nos. 93-117 (document not filed), 96-180 (filed as Document No. 6683405), and 03-141 (filed as Document Nos. 8227410 and 3878564) are hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of permitting parking lot circulation and parking structure improvements within the at the location described above based on the following conditions: The Final PUD to permit Phase I of a medical clinic at the location described is granted based on the findings set forth above and subject to the following conditions: 1. Approval of the Indirect Source Permit for Phase I and Phase II of the project as approved in the preliminary PUD by the Minnesota Pollution Control Agency. 2. Approval of the roadway improvement plans submitted as part of the Indirect Source Permit application by the Minnesota Department of Transportation and the Hennepin County Department of Transportation. 3. Approval by the City and execution of a development agreement between the City, PNMC Holdings and Frauenshuh Companies which identifies responsibilities of each relating to the project. 4. Approval of the final plat of Tower Place. 5. Vacation of West 39th Street. 6. EDA redevelopment agreements with PNMC Holdings and Frauenshuh Companies are incorporated herein by reference to the extent they are compatible with the development agreement and the conditions of approval of this resolution. City Council intent is to implement both redevelopment and development agreement and give effect to all provisions of each. 7. The approval of this Final PUD applies only to those elements listed as Phase I improvements on Exhibit A – Master Plan Phase I to be completed by PNMC Holdings. Final PUD approval for retail and theater development by Frauenshuh Companies on Lots 6 & 7 and Phase II of PNMC Holdings development will required subsequent approval by the City. (amended by conditions 12-18 on 10/7/03) St. Louis Park City Council Meeting Item: 030507 - 4c - Minor Amendment PUD - Parking Ramp at Park Nicollet Clinic Page 5 8. Development of Phase I on Lots 1-5 Tower Place Addition shall be in accordance with the following exhibits: Exhibit A – Master Plan, Phase I (Sheet MP1) Exhibit B – Master Plan, Phase II (Sheet MP2) Exhibit C – Site Layout (Sheets C2.1, C2.2, C2.3) Exhibit D – Site Utilities (Sheets C3.1, C3.2, C3.3) Exhibit E – Site Grading (Sheets C5.1, C5.2, C5.3) Exhibit F – Landscape Planting (Sheets L0, L2.1, L2.2, L2.3) Exhibit G – Landscape Irrigation (Sheets L3.1, L3.2, L3.3) Exhibit H – Lighting Plans (Sheets E1, E2, E3, E4) Exhibit I – Building Elevations (Sheets A3.01W, A3.01P, A3.01M, A3.02M) The Final PUD for a portion of Phase II development to allow a two-story expansion and remodeling of the 3850 Park Nicollet Boulevard medical clinic building is granted based on the findings set forth above and subject to the following conditions: 9. The site shall be developed, used and maintained in accordance with the Approved Final Plan Exhibits for Phase I Tower Place (Case No. 93-18-PUD as approved by Resolution No. 93-117) except that references to the West Building shall be amended to include 4 approved levels and Exhibit I: Building Elevation Sheet A.301W (West Building) shall be replaced by Exhibits J and K: Partial Phase II Building Elevations as incorporated by reference herein. 10. All exterior building materials for the two additional floors and additional skyway level shall match materials used on the existing building and skyway. 11. The redevelopment agreement with the EDA/City shall be amended prior to issuance of building permits to reflect the approved addition and address and define more specifically the applicant's responsibilities to assist in paying for off-site infrastructure improvements including the widening of the Excelsior Boulevard bridge over Highway 100. The Planned Unit Development shall be amended on October 7, 2003 to permit an interim paved parking lot, incorporate all of the preceding conditions and add the following conditions: 12. The interim parking lot shall be developed, used and maintained in accordance with Exhibits J-M such documents incorporated by reference herein. 13. Prior to any site work, developer shall: a. Obtain a Watershed District permit, if required. b. Install required silt and tree protection fencing. c. Submit a revised site plan that incorporates a curb design for angled parking stalls as approved by the Zoning Administrator. d. Final storm water calculations must be submitted and approved by the Public Works Director. St. Louis Park City Council Meeting Item: 030507 - 4c - Minor Amendment PUD - Parking Ramp at Park Nicollet Clinic Page 6 14. Prior to starting site work the following conditions shall be met: a. Sign assent form and revised official exhibits. b. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and signage and additional cash escrow for cleaning public streets in an amount determined by Public Works. 15. The developer shall comply with the following conditions. a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 16. The developer must install signage at the parking lot exit prohibiting left turns between 11:00 a.m. and 1:00p.m. as approved by the Public Works Director. 17 Should the Public Works Director determine traffic is a problem in the future, the City may required the developer to install a right turn in/out island at the parking lot exit at the developer/owners expense. 18. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. The Planned Unit Development shall be amended on March 5, 2007 to permit certain parking lot circulation and parking structure improvements, incorporate all of the preceding conditions and add the following conditions: 19. The parking lot circulation and parking structure improvements shall be developed, used and maintained in accordance with Sheets EX1, C4, A1, C6, C5 and such documents incorporated by reference herein, with the following modifications: a. The applicant shall install a “Do Not Enter” or “No Right Turn” sign for eastbound traffic on Auto Club Way at the approach to the parking lot exit. b. The applicant shall install a hydrant marker on the new hydrant. c. The applicant shall install very clear signage indicating the clearance height for vehicles on the pedestrian walkway (skyway). St. Louis Park City Council Meeting Item: 030507 - 4c - Minor Amendment PUD - Parking Ramp at Park Nicollet Clinic Page 7 20. Prior to any site work the applicant developer shall: a. Sign assent form and revised official exhibits. b. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and signage and additional cash escrow for cleaning public streets in an amount determined by Public Works. c. Obtain a Watershed District permit, if required. d. Obtain City building and erosion control permits. e. Install required silt and tree protection fencing. 21. The developer shall comply with the following conditions. a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 22. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. Reviewed for Administration: Adopted by the City Council March 5, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 030507 - 4d - Hoigaard Village TIF Note II Consent Page 1 4d. Motion to approve the issuance of a Taxable TIF Revenue Note, Series 2007A, in an original aggregate principal amount not to exceed $2,600,000 to facilitate the development of the second phase of the Hoigaard Village mixed-use project. PURPOSE: Section 2.01 of the Enabling Resolution that established the City’s Economic Development Authority contains provisions limiting the powers granted to the EDA. The first of these limiting provisions states that “the sale of all bonds or obligations issued by the EDA must be approved by the City Council before issuance.” Thus, before the EDA is permitted to issue any “bonds or obligations” the City Council must adopt a resolution approving the issuance of these bonds or obligations. BACKGROUND: On March 5, 2007 the City’s Economic Development Authority (EDA) approved the issuance of a Taxable TIF Revenue Note (Series 2007A) in an aggregate principal amount not to exceed $2,600,000 to facilitate the development of the second phase of the Hoigaard Village mixed-use project. This action also requires City Council approval. Like the previously approved Series 2006A Note, the proposed Hoigaard Village Series 2007A TIF Note is a taxable tax increment revenue obligation that will be sold to third parties to assist Union Land II (the “Redeveloper”) with various site improvement costs authorized pursuant to the Redevelopment Contract between the EDA and the Redeveloper, dated March 6, 2006. Because the Note is being sold to third parties (rather than issued to the Redeveloper as a pay-as- you-go reimbursement of qualified costs), it is a true “bond or obligation” under the Enabling Resolution. As a reminder, this Note is considered a revenue based obligation, meaning that it is not “backed” by the City’s taxing authority (non General Obligation based). Repayment of this Note/Bond relies solely on the tax increment revenue that the project generates and a personal guarantee of the Redeveloper. If tax increment revenues are not sufficient, the City is not required to make up any shortfalls. RECOMMENDATION: The EDA’s legal counsel prepared the attached authorizing resolution and staff recommends its approval as presented. Attachment: Resolution Prepared by: Greg Hunt, Economic Development Coordinator Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 030507 - 4d - Hoigaard Village TIF Note II Consent Page 2 RESOLUTION NO. 07-031 RESOLUTION APPROVING THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (HOIGAARD VILLAGE PROJECT), SERIES 2007A, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,600,000. THEREFORE BE IT RESOLVED by the City Council (“Council”) of the City of St. Louis Park, Minnesota (the “City”) as follows: Section 1. Recitals. 1.01. The City and the St. Louis Park Economic Development Authority (the “Authority”) have heretofore approved the establishment of the Elmwood Village Tax Increment Financing District (the “TIF District”) within Redevelopment Project No. 1 (the “Project”), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. 1.02. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public Redevelopment costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority has found and determined that it is in the best interests of the Authority that it issue and sell its Taxable Tax Increment Revenue Note (Hoigaard Village Project), Series 2007A in an original aggregate principal amount not to exceed $2,600,000 (the “Series 2007A Note”) for the purpose of financing certain public redevelopment costs of the Project. 1.03. Pursuant to the Enabling Resolution Establishing an Economic Development Authority for the City of Saint Louis Park, dated November 3, 1988 (the “Enabling Resolution”), the sale of all bonds or obligations issued by the Authority must be approved by the Council before issuance. St. Louis Park Council Meeting Item: 030507 - 4d - Hoigaard Village TIF Note II Consent Page 3 Section 2. Note Approved. 2.01. The Council hereby approves issuance of the Note in accordance with the terms set forth in the Authority’s Resolution Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for, the Issuance of a Taxable Tax Increment Revenue Note (Hoigaard Village Project), Series 2007A in an Original Aggregate Principal Amount Not to Exceed $2,600,000. Reviewed for Administration Adopted by the City Council March 5, 2007 City Manager Mayor Attest: _______________________________ Nancy Stroth, City Clerk St. Louis Park City Council Meeting Item: 030507 - 4e - 3230 Gorham Sprinkler Special Assessment Page 1 4e. Motion to approve Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 3230 Gorham Ave., St. Louis Park, MN 55426. BACKGROUND: Gorham Properties, LLC, owner of the commercial building at 3230 Gorham Ave, has requested the city to authorize the installation of an automatic fire suppression sprinkler system for the commercial building and assess the cost against the property in accordance with the city’s special assessment policy. ANALYSIS: The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The city promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote general public health, safety and welfare within the community. The Building Code requires the installation of a fire sprinkler system due to a major remodeling project of the building. The property owner will be hiring a contractor to install the sprinkler system throughout the building and bring it up to compliance with the current code. Based on the proposed work, the system qualifies for the city’s special assessment program. The property owner has petitioned the city to authorize the installation of the fire sprinkler system and to special assess the cost of the installation. Sprinkler plans have been submitted and approved by city staff. The total eligible cost of the installation has been determined to be $28,026.00. An administrative fee of $140.00 will be added to the special assessment. Staff has determined that adequate funds are available through the Permanent Improvement Revolving Fund to fund this special assessment project. Attachment: Resolution Prepared By: Cary Smith, Fire Marshal Reviewed By: Luke Stemmer, Fire Chief Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 4e - 3230 Gorham Sprinkler Special Assessment Page 2 RESOLUTION NO. 07-032 RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF FIRE SPRINKLER SYSTEM AT 3230 Gorham Ave., St. Louis Park, MN 55426 WHEREAS, Gorham Properties, LLC, a commercial property, located at 3230 Gorham Ave. has petitioned the City of St. Louis Park to authorize a special assessment for the installation of a fire sprinkler system in the building on the benefited property; and WHEREAS, the Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Fire Marshal related to the installation of the fire sprinkler system. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the fire sprinkler system is hereby accepted. 2. The installation of the fire sprinkler system in conformance with the plans and specifications approved by the Fire Department and Department of Inspections is hereby authorized. 3. The total estimated cost for the design and complete installation of the fire sprinkler system is accepted at $28,026. 4. An administrative fee of $140.00 for processing shall be added to the special assessment. 5. The total special assessment against the property will be $28,166.00. 6. The property owners have agreed to waive their rights to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the Constitution, or common law. 7. The property owners agree to pay the city for the cost of the above improvements through a special assessment over a ten (10) year period at six percent (6%) interest. St. Louis Park City Council Meeting Item: 030507 - 4e - 3230 Gorham Sprinkler Special Assessment Page 3 8. The property owners agree to execute an agreement with the city and any other documents necessary to implement the installation of the fire sprinkler system and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council March 5, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 030507 - 4f - Metropolitan Council LCDA Grant Page 1 4f. Motion to Adopt a Resolution Authorizing the Execution of a Grant Agreement with the Metropolitan Council. BACKGROUND: The City of St. Louis Park applied for a grant from the Metropolitan Council through the Metropolitan Livable Communities Act Demonstration Account in 2006 in relation to the Hoigaard Village redevelopment. The project location is in the northwest quadrant of Highway 100 and 36th Street West. The Metropolitan Council approved the City’s request for grant funds in December of 2006. The total grant amount of $1,505,184.00 is to be used as follows: Amount Requested Amount Recommended Use of Funds $612,235 $612,235 Stormwater Pond Construction $70,000 $70,000 Demolition of obsolete structures on West 36th Street $478,059 $478,059 Sidewalk construction on West 36th Street $344,800 $344,800 Street lighting, benches, permanent bike racks on West 36th Street RECOMMENDATION: Staff recommends the adoption of a Resolution Authorizing the Execution of a Grant Agreement with the Metropolitan Council. Attachment: Resolution Authorizing the Execution of a Grant Agreement with the Metropolitan Council Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 4f - Metropolitan Council LCDA Grant Page 2 RESOLUTION NO. 07-033 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL WHEREAS, the City of St. Louis Park has made application to the Metropolitan Council through its Metropolitan Livable Communities Act Demonstration Account relating to the Hoigaard Village project located in the northwest quadrant of Highway 100 and 36th Street West; WHEREAS, the Metropolitan Council has approved the City of St. Louis Park’s request for grant funds; WHEREAS, it is necessary for the City of St. Louis Park to enter into a grant agreement with the Metropolitan Council as a part of receiving said grant funds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Mayor and City Manager are authorized to execute the grant agreement with the Metropolitan Council. Reviewed for Administration: Adopted by the City Council March 5, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 1 4g. Motion to approve amendments to the St. Louis Park Community Celebration Service Agreement with Parktacular, Inc. BACKGROUND: In July of 2003, a Committee made up of staff, Councilmember Sue Santa, PRAC (Park and Recreation Advisory Commission), a school rep and members of the Parktacular Committee began to define the future working relationship between the City and Parktacular. The Committee met several times throughout two years to develop the Service Agreement document that was presented and approved by the City Council on December 19, 2005. NEW ADDITIONS TO THE SERVICE AGREEMENT: The following amendments have been discussed and agreeed upon by City staff and the Parktacular Committee. These amendments have also been reviewed and approved by the City Attorney. Changes were made in the following areas: • Boards and Committees (3.1) • Legal Administration subject (3.2) • Volunteer Staff (3.8) • Carnival (4.5) • Event Button (4.8) • Security (4.9) • Parade Unit (4.12) • Parade Unit and Trailer (5.6) RECOMMENDATIONS: Staff is recommending that Council approve the amended St. Louis Park Community Celebration Service Agreement as attached to this report It is our hope that future Parktacular Committees can use this Agreement as a guiding tool to plan a successful event. Attachment: Community Celebration Service Agreement Prepared by: Cindy Walsh, Parks & Recreation Director Rick Birno, Recreation Superintendent Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 2 St. Louis Park Community Celebration Service Agreement This instrument constitutes the acknowledgement of a working relationship, dated December 19, 2005, between the CITY OF ST. LOUIS PARK (“City”) and PARKTACULAR, INC., a Minnesota non-profit corporation, commonly referred to as the PARKTACULAR CELEBRATION COMMITTEE (“Parktacular”). The document is designed to regulate and manage the affairs of the annual St. Louis Park community celebration. 1. Purpose of Celebration The purpose of Parktacular is to promote a spirit of pride, a sense of community and an atmosphere of celebration for all residents of the City of St. Louis Park. 2. Intent The operation of the community celebration shall be managed in a relationship with the City as specified in this document. 3. Parktacular Corporate Structure Parktacular acknowledges and represents the following as to its corporate operations: 3.1 Incorporation: Parktacular, Inc. is a Minnesota non-profit corporation incorporated under and pursuant to the Minnesota non-profit corporation act. 3.2 Board and Committees: The Board of Directors is not less than three and not more than nine positions. Director positions include chairpersonpresident, past chairpersonsecretary, treasurer and up to six at-large positions. Directors are elected at an annual meeting to serve a term of three years. All committees are approved by the Board of Directors. These generally include parade, fundraising, ambassador, carnival, volunteer, senior event, marketing, entertainment, event planning and health. The City provides a staff liaison to Parktacular who is not a voting Board member. 3.3 Insurance: Parktacular is responsible for purchasing all insurance reasonably needed to produce and operate the annual event. The types of insurance purchased will include, at a minimum, general liability, board/committee/volunteer liability, and event liability for each event scheduled or attended. The City of St. Louis Park and the St. Louis Park Public School District must be listed as additional insured on all policies. Minimum amounts of coverage and limits of policies will be established by the City’s Finance Director. Copies of all insurance policies must be submitted to the City when facility requests are outlined. St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 3 3.4 Financial: The Parktacular fiscal year operates from August 1 through July 31. The financials and all Committee accounts are managed under the direction of the Board and the Parktacular Treasurer. All fundraising, financial transactions and the fiscal operation of the Celebration are the responsibility of Parktacular and are independent of the City of St. Louis Park. 3.5 Legal Administration: Parktacular is responsible for any and all expenses associated with legal requirements, advice, defenses and any other attorney fees. This includes fees and expenses the City of St. Louis Park incurs as a result of the working relationship. Parktacular will be contacted in advance of any calls or meetings scheduled with the City attorney for approval of the expense. 3.6 Contractual: Except as set forth herein, any and all contracts with vendors or other third parties necessary to produce and operate the Celebration are the sole responsibility of Parktacular. All contractual agreements must be authorized by a resolution from the Parktacular Board of Directors. 3.7 Infrastructure: CITY • Maintain and fund a Parktacular events informational phone line. • Provide a business mailbox at the Rec Center. • Organize and fund any mailing associated with resident notification concerning parade routes, neighborhood meetings, road closures and general event disruptions. • Provide for and fund a general storage area not to exceed at a minimum size of 6’ x 6’ for storage of historical information, signage, equipment, etc. • Provide a link from City website to Parktacular event website. PARKTACULAR • Design, maintain and fund a Parktacular website. • Responsible for distribution of all mail. • Responsible for all marketing and general mailing expenses. • Responsible for all expenses associated with printed materials needed for the business of the organization of the event. • Maintain and publish phone and e-mail contacts for all aspects of the Parktacular Celebration. St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 4 3.8 Volunteer Staff: Parktacular is responsible for scheduling, training and implementing volunteer on-site representatives and work groups for the Celebration. The responsibilities include on-site coordinator for all pre-event set-up (carnival, food vendors, portable bathrooms, etc.), event day(s) or site supervisor and work groups for trash removal, program preparation/breakdown and all other support needed to operate event. Schedules, names and contact information must be submitted to the City liaison on or before the first scheduled day of pre-event set-up. All new volunteers who are 18 years and older and are working with youth or youth programs must complete and pass a criminal history check. It is also required that all returning volunteers who are working with youth or youth programs must complete a criminal history check a minimum of every two years. 4. Parktacular Event 4.1 Organization Timelines: The Celebration organizational timeline will be set by the Parktacular Board of Directors. Items listed below are time sensitive: • November: Set date for following year’s event. • December: Provide marketing information for the Parks & Recreation brochure. • January: Submit preliminary facility needs requests. • May: Submit City maintenance and staffing requests. 4.2 Event Schedules: The schedule for the annual Celebration will be a minimum of one day and not exceed four days. The Celebration will generally be scheduled during the third week and/or weekend of June. 4.3 Marketing: The marketing plan should include but not be limited to: CITY • Publish in the Parks & Recreation brochure. • Publish on the City website. • Provide link from City website to Parktacular website. • Publish in the City newsletter. • Hang Celebration monument banners provided by Parktacular. • Distribute Celebration flyers at City buildings provided by Parktacular. • Sell buttons at City buildings provided by Parktacular. • Provide informational phone line. • Copy up to 50, 8 ½”x 11” colored marketing flyers. PARKTACULAR • Design and develop all marketing materials. • Maintain Parktacular website. • Print and distribute Celebration flyers. • Print and sell Celebration buttons. • Write and submit all press releases. • Purchase advertising. • Update monument banners. • Update phone information line. • Be on-site at all times during Celebration for information purposes. St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 5 4.4 Food Vendors: Food vendors operating at the Parktacular Celebration are the sole responsibility of Parktacular. All vendors must be approved by the City Health Inspector and have the appropriate licenses needed to operate and serve food items. Parktacular and/or its vendors are responsible for all fees associated with inspections and appropriate licensing. Food vendors are responsible for set-up, storage, operation, waste, power needs, and clean-up and tear down at each specific location. The City expects Parktacular to offer food sales opportunities to local (St. Louis Park based) service groups and businesses before contracting with outside organizations. The City expects local organizations and/or service groups to have exclusive sales rights for their specific products during the length of the Celebration. The City will work with Parktacular to determine food service locations on site during the Celebration. 4.5 Carnival: Parktacular must submit to the City annually prior to December 1st a written request for a carnival operation for the following year’s Celebration which may be approved or denied. If the carnival is approved, the following is a list of conditions for the operation of a carnival: • City must approve any and all locations. • Parktacular is responsible for selecting and contracting with a reputable carnival operation. • City must approve the number of days and hours of operation. • Carnival owner is required to have processed current year criminal history background checks on all employees and volunteers. Any employee/volunteer with a criminal history is not allowed to have any contact with youth during the Parktacular event in St.Louis Park. • City must approve the music and noise levels. • Carnival owner must provide statement of insurance and list the City of St. Louis Park and Parktacular as additional insured on the policy. • Carnival owner or Parktacular is responsible for inspections, permits, and fees associated with the operation of a carnival on City property. • Parktacular is responsible for all power needs associated with the operation of a carnival. • City may or may not approve overnight accommodation location for carnival staff. When approved, the carnival owner will be fully and financially responsible for conduct and any expense associated with use of City property for overnight accommodations. This includes returning the site to its original condition upon exiting the site. • Carnival owner will be responsible for all utility locates through Gopher One. • Carnival owner and Parktacular will need to work with City staff on entire carnival operation area including specific ride and service booth locations. • Carnival owner and Parktacular will be responsible for any and all repair damage needed to restore asphalt, irrigation, turf, sidewalk, curb, concrete, trees, etc. • City will provide all barricades needed to identify carnival space. St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 6 4.6 Parade: Parktacular will annually operate a parade on a route agreed upon by both the Parktacular and the City. Responsibilities for parade implementation include: CITY • Schedule two or three organization meetings. • Approve route and staging/breakdown areas. • Notify Hennepin County for permit. • Notify residents impacted by route and schedule neighborhood meeting, if necessary. • Sign and barricade route. • Provide Public Safety support at key intersections. • Provide traffic control where needed. • Provide Street Department support. • Provide Parks Department support. • Provide volunteer vests. • Trim trees on parade route. • Organize neighborhood meetings. • Pick up parade route barricades and signs. • Sweep and clean parade route streets one day in advance of parade. • Publish parade route on City website. • Host wrap-up meeting (if necessary). PARKTACULAR • Attend organization meetings. • Approve route. • Organize and advertise parade. • Lay out staging area. • Lay out breakdown area. • Recruit and supervise parade volunteers. • Direct the parade. • Attend neighborhood meetings. • Provide parade coordinators phone number, address, and email address. • Set fees for parade participation. • Organize cable coverage. • Clean up parade route at conclusion of Celebration. • Obtain permits for all facilities needed to implement parade. • Design and implement parade insurance waiver requirements for local parade participants. • Staff volunteers at all barricaded streets for staging area, route and breakdown area. 4.7 Ambassador: The Ambassador program is the sole responsibility of Parktacular. The City does not provide any support for the program. St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 7 4.8 Event Button: The event button design, supplier, distribution and sale is the sole discretion of the Parktacular Committee. Parktacular Committee may also choose not to design and sell an event button. If Parktacular chooses to have a Celebration button, a design contest will be held for the residents of St. Louis Park. The Board of Directors will select a winner for each year’s design contest, purchase and market the new buttons. 4.9 Security: The general security of the Parktacular Celebration is the responsibility of Parktacular. The St. Louis Park Public Safety Departments are available for emergencies but will not provide general 24 hour security services. All new Parktacular volunteers and staff who work directly with youth events and programs will be required to submit a criminal history background check. All returning volunteers and board members who work with youth events and programs are required to submit to a background check a minimum of once every two years. The City will provide the background check form and will process. There will be a $5 fee for each Minnesota background check. 4.10 Permits & Licenses: Parktacular is responsible for the scheduling of inspections and all fees associated with the permits and licenses needed to operate the Parktacular Celebration. 4.11 Public Health: Public health responsibilities during the operation of the Parktacular Celebration are assigned as follows: CITY • Provide option for use of City contractor for portable toilets, hand washing stations and waste disposal. • Work with Parktacular to determine number of portable toilets, hand washing stations and waste receptacles needed for the Celebration. • Order units requested by Parktacular from City contractor (if needed). • Determine location for toilets, hand washing units, waste receptacles and dumpster. • Facilitate delivery and pick-up of all public health units. • Provide large dumpster for waste disposal. • Invoice Parktacular if public health units are rented through City contractor. PARKTACULAR • Provide and fund appropriate number of portable toilets for event. • Provide and fund appropriate number of hand-washing stations for the Celebration. • Provide volunteer work groups to service appropriate number of waste receptacles for the Celebration. • Responsible for all expenses associated with portable toilets and hand washing units. • Meet with City Health Inspector to approve plans for food service and public health concerns. St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 8 4.12 Parade Unit Trailer: Parktacular is responsible for maintaining, decorating ownership, maintenance, decorations, and insuring insurance of the parade unit trailer as well as vehicle/driver and driver pulling the parade unit trailer for the Celebration use. The City of St. Louis Park must be listed as an additional insured on all insurance purchased for the use and operation of the parade unit trailer. The trailer used for the carnival float is owned by the City. If the City were to ever sell the parade trailer, Parktacular would be consulted and involved with the timeline and process for the sale of the unit. 5. City of St. Louis Park The City, in a relationship with Parktacular, will provide the following Celebration support on an annual basis: 5.1 Liaison: The City will provide a staff person as a liaison to Parktacular. All communication for the Celebration coordination is expected to flow through the City liaison. The liaison will provide support in the following areas: • Attend six to eight board meetings annually. • Organize City and Parktacular joint meetings (i.e. parade, neighborhood, carnival, etc.). • Organize event information for Parks & Recreation brochure and City newsletter. • Direct information requests to appropriate Parktacular member. • Organize Celebration information for City website and assist with link to Parktacular website. • Schedule installation of marketing banners. • Provide secure mail holding area for Parktacular mail. • Assist with Parktacular information phone line. • Provide direct communication link between City and Parktacular. • Implement facility and equipment need requests. • Organize notification mailings to residents impacted by events of Parktacular. • Maintain a current Board of Directors roster. • Submit maintenance requests to Park Superintendent. • Review on-site volunteer work schedules. • Review duties and process requests for full-time maintenance staff. 5.2 Financial: The City will provide financial support for insurance up to $6,000 for the Celebration. The insurance policies and requirements must include event, local parade, board and event service vehicle coverage. The City of St. Louis Park must be listed as an additional insured on all policies. The City Finance Director will review and approve all policies. 5.3 Facility Use: The City will provide facility use free of charge for most activities deemed appropriate for the event. Facility requests must be submitted to the staff liaison by mid to late January each year to avoid any conflicts in scheduling. Any activity deemed inappropriate for the relationship will require a rental of the facility at the local non-profit rate. St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 9 5.4 Equipment: The City will generally provide equipment for use at no charge. The exceptions would be equipment that is inappropriate for volunteers to operate, that which requires extensive training, disposable equipment and any equipment which may need to be rented. Any damage caused to City equipment used or operated by Parktacular volunteers will be the responsibility of Parktacular. 5.5 Storage: The City will provide a storage area free of charge for Parktacular documents, historical information, annual use equipment, signage, etc. The storage space will not exceed an area 6’ x 6’, excluding the parade unit trailer. 5.6 Parade Unit and Trailer: The City owns and insures the trailer upon which the Parktacular float is constructed. The City will provide continue to own, store outdoors outdoor storage for the and insure this the parade unit trailer. Parktacular is responsible for the parade unit trailer maintaining, decorating and insuring ownership, maintenance, decorations, insurance, and securing for storage the float for use. Each time the parade unit (trailer) is used for a Celebration, the City must be added as an additional insured to the insurance policy purchased by Parktacular. 5.7 Park Maintenance Staff Support: The City will provide weekday general or regular maintenance support for the Parktacular event. This includes general facility appearance, equipment delivery, pre-event planning and regular scheduled weekday responsibilities at the event location. The City will also provide one or two maintenance staff personnel for a period of up to 16 total hours (minimum of 2 hour shifts) during the event at no charge. Any additional maintenance assistance required after a total of 16 hours will be invoiced to Parktacular. Every effort will be made to use seasonal staff and/or full-time staff which are not on overtime. This is not always possible and therefore overtime personnel may be needed if requested by Parktacular. Parktacular will need to outline the responsibilities and timelines for staff requested. Maintenance staff support will require an outline of job responsibilities which needs to be submitted to the City liaison. 5.8 Carnival Support: The City will work with Parktacular to locate property for the operation of the carnival. The City will coordinate pre-carnival organization meetings, facilitate on-site set-up and provide carnival area barricades. The City will not provide any power services for the carnival contractor and will not be responsible for any aspect of the carnival operation. 6. Conflict Resolution This document has been written to act as an instrument to clarify the relationship between Parktacular and the City. Once the document is signed and approved by both entities, the following process will be required to make changes to the Agreement: • Request for change must be submitted in writing to both the Superintendent of Recreation and the Chairperson of Parktacular; and • Representatives from both entities will schedule to meet and discuss potential adjustments; and • If both entities agree to changes, document is adjusted and approved by the City and Parktacular; or St. Louis Park City Council Meeting Item: 030507 - 4g - Parktacular Agreement Page 10 • If both entities do not agree with potential adjustments, representatives will meet with the St. Louis Park Parks & Recreation Advisory Commission (“PRAC”) at a scheduled meeting to present the issue(s). PRAC will provide up to 15 minutes for each entity to present issue; and • PRAC will then discuss issue(s) and make recommendation for delivery to the City Manager at the next regularly scheduled PRAC meeting. 7. Term This Agreement shall be for a term of five (5) years commencing January 1, 2006 and terminating December 31, 2010. Either party may terminate the Agreement prior to December 31, 2010 by giving written notice of its intent to terminate to the other party by December 31 of any year. CITY OF ST. LOUIS PARK PARKTACULAR, INC. By: _________________________________ By: _________________________________ Jeffrey W. Jacobs Joan Fenton Its Mayor Its President By: _________________________________ Thomas K. Harmening Its City Manager Attest: By: _________________________________ Nancy Stroth Its City Clerk (seal) St. Louis Park City Council Meeting Item: 030507 - 4h - Bid Tabulation Grit Disposal Facility 2006150 Page 1 4h. Bid Tabulation: Motion to reject the bids for the Sanitary Grit Disposal Facility – Project No. 2006-1500 and authorize re-advertisement for bids. BACKGROUND: This improvement project provides a facility to separate liquids and solids collected during the cleaning of sanitary sewers. 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. BID ANALYSIS: Two (2) bids for the project were received on February 21, 2007. An advertisement for bids was published in the St. Louis Park Sun-Sailor on February 1, and 8, 2007 and in the Construction Bulletin on February 5, and 12, 2007. A summary of the bid result is as follows: Staff has reviewed the bids submitted and has tabulated the results. The lowest bid was 42% above the Engineer’s Estimate. With only two bids received and the costs considerably over the estimate, staff recommends rejecting the bids and re-advertising this spring. LEGAL: The project proposal language states that the City reserves the right to reject any and all bids. 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. The rejection of bids and re-advertising of the project has been discussed and agreed upon by the Partners. In addition, the Partners have discussed ideas for getting more contractor interest in the project. PROJECT SCHEDULE: Should the Council approve the re-authorization of bids, the proposed schedule is as follows: • 3/5 Council rejects all bids and authorizes re-advertisement of project • 3/8 Submit advertisement to Sun Sailor • 3/12 Submit advertisement to Construction Bulletin • 3/15, 3/22 Advertisement in Sun Sailor CONTRACTOR BID AMOUNT EnComm Midwest, Inc. $352,253.00 Rice Lake Construction Group $384,340.00 Engineer’s Estimate $248,000.00 St. Louis Park City Council Meeting Item: 030507 - 4h - Bid Tabulation Grit Disposal Facility 2006150 Page 2 • 3/19, 3/26 Advertisement in Construction Bulletin • 4/5 Open bids • 4/16 Council award contract CONSTRUCTION TIMING: The revised schedule, listed above, will allow for the contractor to start construction in early May and have the facility operational by late summer, as was previously planned. Prepared By: Scott Merkley, Public Works Coordinator Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 4i - Planning Commission Minutes 010307 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA January 3, 2007 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Robert Kramer, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, and Jerry Timian MEMBERS ABSENT: None STAFF PRESENT: Meg McMonigal, Greg Hunt, Gary Morrison, and Nancy Sells 1. Call to order - Roll Call 2. Approval of Minutes of December 6, 2006 Commissioner Robertson moved approval of the minutes of December 6, 2006. Commissioner Morris seconded the motion. The motion passed on a vote of 5-0-1. (Chair Carper abstained). As requested, Chair Carper used his discretion to move item 4A ahead of 3A. 4. Other Business A. Resolution of Conformance to Comprehensive Plan for modifications to the Redevelopment Plan for Redevelopment Project No. 1 and Park Center Boulevard Housing Tax Increment Financing District Economic Development Coordinator Greg Hunt presented the staff report. Commissioner Person asked why the TIF district is so large. Mr. Hunt said there are 14 individual TIF districts within the redevelopment area. It was moved by Commissioner Robertson to adopt Resolution No. 77 finding the proposed Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Modifications of the Park Center Boulevard, Excelsior Boulevard, Oak Pak Village, and Highway 7 Tax Increment Financing District Plans conform to the Comprehensive Plan of the City of St. Louis Park. Commissioner Person seconded the motion. The motion passed on a vote of 6-0. Commissioner Timian arrived at 6:10 p.m. 3. Hearings: A. Major Amendment to Conditional Use Permit for Warehouse Expansion Location: 6900 Oxford Street Applicant: Linen Effects St. Louis Park City Council Meeting Item: 030507 - 4i - Planning Commission Minutes 010307 Page 2 Case No.: 06-67-CUP Assistant Zoning Administrator Gary Morrison presented the staff report. Mr. Morrison reported that the storm water and flood mitigation plans were reviewed and approved by City staff, Minnehaha Creek Watershed and the DNR. Mr. Morrison said the builder was available to answer questions. Chair Carper asked if most of the time the land beneath the pilings will be dry. Mr. Morrison said that is correct. Chair Carper asked if any barriers are planned for around the structure. Mr. Morrison said no. Chair Carper asked if any safety concerns for the general public or for animals have been expressed. Mr. Morrison said no concerns were mentioned but staff will look into it. Mr. Morrison said the building will be raised only about two feet. Commissioner Morris said it is an attractive nuisance, i.e., a crawl space under a large structure. He said there must be some kind of grating that allows for water flow and keeps small children out of the area. Commissioner Morris asked if the ramp at the west side of the building is a mandatory handicapped accessible ramp. Mr. Morrison is not sure if that is required by the fire code. Commissioner Morris said if it is a handicapped accessible ramp, the landing is insufficient for anyone to open the door while on the landing. Commissioner Robertson said it does meet ADA regulations; he added, another accessible exit would be required. Commissioner Timian asked if there are any parking issues. Mr. Morrison replied no, 22 spaces are required and there are 31. Chair Carper opened the public hearing. With no one wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson said the addition of a grate would be a good safety solution. He recommended that the grate be added to the plans prior to City Council consideration of the request. Commissioner Robertson moved approval of the major amendment to the Conditional Use Permit, subject to conditions as recommended by staff and the Planning Commission. Commissioner Morris seconded the addition. The motion passed 7-0. 4. Other Business B. Election of Chair and Vice-Chair Chair Carper thanked staff, Commissioners and citizens for their contributions in 2006. Commissioner Kramer thanked the Chair for his contributions. St. Louis Park City Council Meeting Item: 030507 - 4i - Planning Commission Minutes 010307 Page 3 Commissioner Robertson nominated Commissioner Johnston-Madison as Chair. The nomination passed 7-0. Commissioner Robertson nominated Commissioner Kramer as Vice-Chair. The nomination passed 7-0. C. By-laws Ms. McMonigal presented proposed amendments to the Planning Commission by- laws. Chair Carper said Article II, Section 1 and Article IV, Section 2 conflict. Chair Carper said in Article III, Section 1, annual organization meeting sounds nebulous. It was agreed to change annual organization meeting to the first meeting of the new year. Ms. McMonigal will check with Administration for similar inconsistencies that may affect other boards and commissions. 5. Communications 6. Adjournment Commissioner Morris moved to adjourn the meeting at 6:42 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Meeting Item: 030507 - 8a - 2007 Local Street Rehabilitation 2006-1000 & 1100 Page 1 8a. Project Report: Local Street Rehabilitation Project – Area 3, Project No. 2006- 1000 and Municipal State Aid (MSA) Street Rehabilitation Project – Area 3, Project No. 2006-1100. This report considers both the Residential Pavement Management Project and the MSA Street Rehabilitation Project scheduled for the 2007 construction season in Area 3 of the City’s Pavement Management Program. The streets selected for work will have their existing asphalt pavement removed and then replaced with a new asphalt surface. Other work associated with the project will include water main replacement on select streets and drainage system repairs. Recommended Action: Motion to adopt resolution accepting this report, establishing and ordering Improvement Project No. 2006-1000 and Improvement Project No. 2006-1100, approving plans and specifications, and authorizing advertisement for bids. BACKGROUND: Staff developed and the City Council adopted a Pavement Management Program to address the problem of deteriorating streets within the city. Many of the roads are now approaching 40 years of age or more. The city’s streets are still in relatively good condition due to the fact that the streets were built well, are situated on good soils, utilize curb & gutter for drainage and have been well maintained. City maintenance crews have continually worked to keep streets in decent condition using basic maintenance strategies such as patching, crack filling and seal coating. However, as pavements age, more aggressive maintenance strategies are needed to prolong their life. The Pavement Management Program has been developed to extend pavement life and enhance system-wide performance in a cost-effective and efficient way by providing the right maintenance or repair at the right time. Using the city’s pavement management software, staff can obtain a rating of the street condition and monitor their performance. Staff can then evaluate the condition of the street and select a cost-effective treatment to extend the pavement life. ANALYSIS: The 2007 construction season will be the third year of implementing the City’s Pavement Management Program. This year’s work will be performed in Area 3 of the City’s 8 pavement management areas. The attached map identifies which streets in Area 3 have been selected for rehabilitation. Selection was based on previous condition surveys of the streets and field evaluations to determine current conditions of the pavement, curb and gutter, and the city’s underground utilities. A team of staff members was formed to select streets for inclusion in this year’s program and to recommend appropriate rehabilitation techniques. The team included members of Operations, Utilities, Engineering and the Public Works Asset Management Group. The residential streets selected this year for rehabilitation were all originally constructed in a similar fashion. The structure of most of the streets consists of a two (2) inch layer of asphalt pavement over six (6) inches of quality gravel. Staff has determined that an appropriate treatment for rehabilitating the streets consists of removing all of the old asphalt pavement and replacing it with three (3) inches of new pavement. The thicker asphalt section is being used to provide for heavier vehicles, such as garbage trucks, and the increased volume of traffic on the St. Louis Park City Council Meeting Item: 030507 - 8a - 2007 Local Street Rehabilitation 2006-1000 & 1100 Page 2 streets. This will also allow for flexibility of future maintenance. For example, with a 2-inch thickness of asphalt, a typical mill and overlay is not possible because the asphalt layer is too thin. With a 3-inch thickness, 1.5 inches of asphalt can be milled off and replaced with the same thickness of new pavement. In conjunction with the pavement replacement, necessary drainage system (curb & gutter and catch basin) repairs will also be made. The Engineering Staff has prepared plans and specifications for this year’s project. In addition to the street work, there are certain streets in the Kilmer Neighborhood where the water main will be replaced. These streets include 16th Street along with Melrose, Lancaster and Kilmer Avenue north of 16th Street. During the installation of the new water main, water service will be maintained to each of the properties through a temporary system. Along with replacing the water main, the residents on these streets will have the option of replacing their water service line (at their expense) from the main to the shut-off valve located at the property line. The city’s contract will include an item for this work. The bid price on this item will be charged against those properties choosing to replace their water service line. Owners will be requested to prepay or be specially assessed this cost. Owners may also opt to arrange to do this work utilizing their own hired contractor, provided it does not interfere with or delay work on the city contract. Also part of this project is the street rehabilitation work on 16th Street between Ford Road and Hwy 169. This street is a Municipal State Aid street eligible for construction funding by the state gas tax. This state aid project will include similar work to what is being performed on the local streets except that there are certain design standards that must be met to gain State Aid approval and funding by Mn/DOT. Currently, 16th Street is deficient in street width and allows parking on both sides of the street. Since 16th Street does not have any parking restrictions currently placed on it, by removing parking on one side it would then fall within the State Aid standards for street width. Staff is in the process of soliciting the residents along 16th Street to determine if there is a preferred side on which they wish to restrict parking. It is staffs opinion that restricting parking along the north side of 16th Street may have the least impact because it affects fewer homes that only front on to 16th Street. Upon determining which side of the street the residents prefer to restrict parking, staff will then ask Council at a future meeting to restrict parking through a resolution. The only alternative to avoid the parking restriction would be to widen the street by 4 feet on each side. This would have a significant impact to people’s front yards and the loss of several boulevard trees. Utility companies have been contacted to inform them of the city’s proposed work plan and schedule. For those companies who may have buried utilities, staff has asked them to consider replacing any aging systems prior to our paving of the streets. This past fall, Centerpoint/Minnegasco has replaced their gas mains on all our streets identified for construction work east of Hwy 169. This spring, they will replace their gas mains on those streets in the Kilmer Neighborhood west of Hwy 169. St. Louis Park City Council Meeting Item: 030507 - 8a - 2007 Local Street Rehabilitation 2006-1000 & 1100 Page 3 PUBLIC PROCESS: Staff held its first public meeting with member’s of the Kilmer Neighborhood on June 22, 2006. At that meeting, staff provided an overview of the construction work that would occur 2007. Staff also discussed sidewalk and trail connections to find out if the neighborhood had any desire for new segments to be constructed in their neighborhood. It was thought that any new sidewalk or trail construction could be included with the street construction plans. A result of this meeting was the formation of a neighborhood task force that worked with staff to ultimately determine that no new sidewalks or trails were needed in the Kilmer Neighborhood. This winter upon substantial completion of the construction plans, staff invited area residents and neighborhood association leaders to an open house to review the preliminary plans. It is estimated that over thirty residents attended the open house on February 22, 2007. People asked questions about how to get their driveway aprons replaced or widened and whether the city’s contractor would be interested in doing this private work. Since the driveway apron area is integral with the city’s curb and gutter drainage system, staff explained that it would be best to have this work performed by the city’s contractor at the resident’s expense. Otherwise the resident could perform the desired work with their hired contractor and coordinate with the city to ensure proper scheduling. Residents wishing to widen aprons in satisfactory conditions will be responsible for the replacement cost. If the work is performed by the city contractor, the cost will be based on the city’s contract prices. Driveway aprons that have failed and created drainage problems as a result boulevard tree roots heaving the apron or as a result of roadbed failure will be replaced at city expense. For any other driveway work performed on private property, it will be the resident’s responsibility to hire the contractor and pay for the work. Staff will help facilitate the initial communication between the city’s contractor and those interested residents. Staff also talked to a number of residents from the Kilmer Neighborhood about having their water service line replaced. Staff explained that most of the water services in the area are about 50 years old and could be more susceptible to failing the older they get. By replacing the service line during the street construction, the owner’s costs will likely be reduced since there will be no street restoration expenses charged to the home owners at this time. Residents were told that typical costs to replace the service lines are about $1500. Staff explained if a service line is not replaced and should it fail beneath the street a few years after the street project has been completed, the expense for repairing and replacing the service line at that time could be about $4000 to $5000 or more depending on the amount of street restoration that would be required. Staff explained that a new water service line would include running a new 1” copper line from the main to a new shut-off valve located at the property line. Staff will be further communicating with these residents providing them with information on the age of each water service line to better help them make their decision on whether to replace their service line or not. Staff will request that the residents make their decision by a predetermined date before construction begins. The city contract will be able handle replacing as many service lines as the residents choose. At this time, staff feels that most of the residents they have talked to are interested in having their water service line replaced. Other questions by residents generally related to the timing of the project and what construction impacts would be felt by the residents while the project is underway. The project is anticipated to start in late May or early June and last approximately 3 months. Work on any one block will usually last two to three weeks to replace curbing, if needed, then remove the pavement, grade St. Louis Park City Council Meeting Item: 030507 - 8a - 2007 Local Street Rehabilitation 2006-1000 & 1100 Page 4 the street, and then pave the first layer of bituminous. During this work, residents will always have access to their driveways and overnight parking will be allowed on the street. Driveways will not be accessible for up to one week when concrete aprons are replaced. The final layer of bituminous is typically placed near the end of the project and will result in another day of disruption for any one block. Those residents who live along those streets where the water main will be replaced will likely see work activity in front of their home for a period of about four to six weeks. Access is typically provided to these residences at most times as well. COST AND FUNDING: This project will be funded by four sources, the Pavement Management Fund, State Aid monies, funds from the water utilities and property owners for water service line replacement. For those property owners choosing to replace their service line under the city contract, they will have two payment options. They can choose to prepay the full amount before the work begins or they can sign a special assessment agreement and have the cost assessed for a period of 10 years. This would follow the city’s policy where residents can request to have private utility line repairs specially assessed with approval by Council. The Engineer’s estimate for the total cost of the project is $2,498,382 which includes 5% for contingencies and 12% for engineering & administration. This breaks down to $1,647,773 for the local street work, $204,167 for the State Aid street work and $646,442 for the water main work. PROJECT TIMELINE: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • Approval of Plans/Authorization to Bid by City Council March 5, 2007 • State Aid Approval by Mn/DOT Late March 2007 • Advertise for bids Early April 2007 • Bid Opening April 26, 2007 • Bid Tab Report to City Council; Award contract May 7, 2007 • Begin Construction May/June, 2007 Attachments: Resolution Map of Select Streets for Construction in Area 3 (Supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Mike Rardin, Public Works Director Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 030507 - 8a - 2007 Local Street Rehabilitation 2006-1000 & 1100 Page 5 RESOLUTION NO. 07-028 RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECTS NO. 2006-1000 AND 2006-1100 APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECTS NO. 2006-1000 AND 2006-1100 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the 2007 Local Street Rehabilitation Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 2006-1000 and Project No. 2006-1100 is hereby accepted. 2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed projects, designated as Project No. 2006-1000 and Project No. 2006-1100, are hereby established and ordered. 4. The plans and specifications for the making of these improvements, 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 in the Construction Bulletin an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to 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. Reviewed for Administration: Adopted by the City Council March 5, 2007 City Manager Mayor Attest: City Clerk