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Home My WebLink About2007/04/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 16, 2007 7:30 p.m. 7:00 p.m. ECONOMIC DEVELOPMENT AUTHORITY 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Proclamation – Women’s Club Day 2b. NPDES Stormwater Annual Public Meeting 3. Approval of Minutes – None 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 5a. Reappointment of Citizen Representative to the St. Louis Park Housing Authority 6. Public Hearings 6a. Ordinance Amendment to Chapter 3 of the St. Louis Park City Code Concerning Alcoholic Beverages (1st Reading) 7. Requests, Petitions, and Commissions from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Adopt Resolution Providing for the Sale of $3,665,000 G.O. Utility Revenue Bonds, Series 2007A 8b. Adopt Resolution Accepting Report, Establishing and Ordering Improvement Project No. 2007-2500, Approving Plans and Specifications, and Authorizing Advertisement for Bids. 9. 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 APRIL 16, 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 disc ussion 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. Senior Community Services Dial-a-Ride Program Agreement 4b. Second Reading of an Ordinance Vacating Drainage and Utility Easements, Streets and Alleys at the Nordic Ware Site, approve summary and authorize publication 4c. Resolution Authorizing the Submittal of a Grant Proposal for the 2007 Non-motorized Transportation Pilot Program – Xenia Avenue/Park Place Boulevard Corridor Study 4d. Approve Amended and Restated License Agreement with Fern Hill Place, LLC 4e. Approve Human Rights Commission Bylaws 4f. Approve Parks & Recreation Advisory Commission Bylaws 4g. Approve Minutes of March 14, 2007 Housing Authority Meeting 4h. Approve Minutes of March 21, 2007 Planning Commission Meeting St. Louis Park City Council Meeting Item: 041607 - 2a - Proclamation Women's Club Day Page 1 PROCLAMATION Women’s Club of St. Louis Park Day May 1, 2007 WHEREAS, The Women’s Club of St. Louis Park has contributed over $116,000 in scholarships for St. Louis Park students; and WHEREAS, The Women’s Club has allocated monies for such services as the St. Louis Park Library Children’s Program, Early Childhood Family Education, Teens Alone, STEP, Meadowbrook Collaborative, DARE, Kids Café, and the Lenox Senior Program; and WHEREAS, The Women’s Club of St. Louis Park has made a significant difference in this community through their support of students, organizations, and programs; and WHEREAS, The Women’s Club has built a sense of community both within the club and within the city; and WHEREAS, The Women’s Club was founded in 1947 and has provided 60 years of service to St. Louis Park; NOW THEREFORE LET IT BE KNOWN, that the Mayor and City Council of the City of St. Louis Park wish to join in proclaiming May 1, 2007 a day of recognition for the St. Louis Park Women’s Club; and call upon all citizens in our Community to reflect on the importance of connections and the benefit one organization can make for our entire community. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this ___ day of ______, 2007. __________________________ Jeffrey W. Jacobs, Mayor St. Louis Park City Council Meeting Item: 041607 - 2b - NPDES Stormwater Annual Meeting Page 1 2b. Stormwater NPDES Annual Public Meeting PURPOSE: To allow staff to present and gather input from the public regarding stormwater practices in the city for the National Pollution Discharge Elimination System (NPDES) annual report to the state. No formal action is required of the Council. BACKGROUND: In accordance with Minnesota Pollution Control Agency Permit No. MN R 040000, the City of St. Louis Park must hold a public meeting annually to address the City’s Storm Water Pollution Prevention Program (SWPPP) annual report, to provide information to the public regarding the impacts of storm water discharges on water bodies and steps the public can take to reduce pollutants in storm water runoff, and to hear comments from the public regarding the City’s Storm Water Pollution Prevention Program. A SWPPP is targeted to address six minimum control measures (MCM). It includes measurable goals, best management practices, a timeline and educational goals for each minimum control measure. The six minimum control measures required in the SWPPP are: 1. Public education and outreach 2. Public participation / Involvement 3. Illicit discharge detection and elimination 4. Construction site storm water runoff control 5. Post-construction storm water management 6. Pollution prevention / Good housekeeping for municipal operations The city originally developed its SWPPP in 2003. In order to reach more people this year, the public meeting is being held during a council meeting. The SWPPP is available for viewing by contacting the City Clerk ’s office. Staff does not intend to take detailed public comments during the actual Council meeting, but will be available after the presentation and at later dates to accept comments. All comments will be taken into consideration during the writing of the annual report. Prepared by: Sarah Hellekson, Public Works Administrative Specialist Laura Adler, Engineering Program Coordinator Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 4a - Senior Community Services Dial-a-Ride Program Agreement Page 1 4a. Motion to approve Agreement between the City and Senior Community Services to provide Funding for Dial-a-Ride Program. BACKGROUND: The purpose of this report is to request that the Council approve an agreement between the City and Senior Community Services (SCS) for the City to provide $10,000 in funding to support a dial-a-ride transportation program serving suburban Hennepin County residents which will eliminate current boundaries between existing transportation programs and cities. This action is a follow-up to the written report provided to the Council at the January 22, 2007 Study Session indicating that staff would prepare the necessary documents for Council’s approval for the City to contribute funding and participate in SCS’s dial-a-ride program for the period covering July 1, 2007 through December 31, 2007. SCS is requesting funding contributions from all the communities intended to be included in the service area. SCS is seeking a contribution from St. Louis Park of $10,000 for 2007 (program starting on July 1, 2007) and $20,000 for 2008. SCS is a nonprofit social service agency, providing a number of programs for elders and disabled citizens to help them remain independent, including the operation of seven dial-a-ride transportation programs covering a number of cities Hennepin County and Wright Counties. SCS is implementing a plan in coordination with PRISM, another transportation provider operating in northern Hennepin County, to eliminate the current boundaries between the transportation programs currently operating throughout the many communities in Hennepin County. SCS proposes an expanded dial-a-ride program that would encompass multiple cities in the County. Attached is a map of Hennepin County indicating the cities (shaded) that will be included in the 1st phase of the boundary free transportation program slated to begin on July 1, 2007. SCS hopes that the program can be expanded to the entire county in the future. Many of the current transportation programs have restrictive service areas and/or destinations and times of operation. SCS hopes to eventually create a county wide dial-a–ride program similar to the Dakota County’s DARTS transportation program. Rider eligibility for the new program will not be restricted by age or income and will be accessible to mobility impaired riders. Riders will be asked to pay a $5.00 fee per one-way trip with no limit on the number of trips taken per week. SCS will require a 15 minute “window” when scheduling pick-ups. SCS has received a start up grant from the Department of Human Services that will cover part of their costs for the first year but is seeking a contribution from St. Louis Park of $10,000 to begin service starting July 1, 2007, and $20,000 for continued service for 2008. The amount of the contribution was determined based on community size and the anticipated number of riders. SCS has secured funding commitments for the operation of the program from the other cities in the shaded service area. Future contribution requests will be determined based on transportation funding received from the Met Council, which they will be eligible for after two years of operation, and revenues generated by the riders. For comparison: The City of Edina, a city slightly larger in size (47,000+ vs. 44,000+) than St. Louis Park, is contributing $25,000 in 2007 to continue to have Senior Community Services operate the Edina Dial-a-Ride Transportation Program administered by SCS. St. Louis Park City Council Meeting Item: 041607 - 4a - Senior Community Services Dial-a-Ride Program Agreement Page 2 ISSUES: St. Louis Park is currently served by several transportation programs, each operating independently. Although the programs provide a valuable and needed service, program restrictions regarding service areas, ride destinations, age requirements and inability to serve riders with mobility impairments limits the flexibility of the programs. Existing transportation programs include: • Metro Mobility: Large service area but rider must medically qualify in order to eligible. Metro Mobility requires a 2 hour window for scheduling pick-ups. There is no restriction on ride destination. • STEP Volunteer Program: Medical appointments only and limited to one ride per week, but will travel to most areas of the metro area. Rider must be able to transfer themselves in and out of car; no wheelchairs but will allow a walker. Service is provided by volunteer drivers utilizing their own vehicles. • Jewish Family and Children Services (JFCS) Deikel Transportation Program: Serves individuals over 60 years of age and they must be able to transfer themselves in and out of car; no wheelchairs or heavy walkers. Also, must be assessed by JFCS Senior Services for case management service needs. Medical appointments are a priority over other appointments. Serves Mpls area, some restrictions apply. SCS has met with representatives from each of the organizations listed above. SCS has stated that they anticipate that the existing programs will continue to operate and that they plan to support and coordinate with each during periods of high ridership. Annette Sanders, Family and Children Jewish Services NORC Program, Rita Kach, Lennox Senior Program, Jackie Olafson, STEP, and Dorothy Karlson, Chair of the St. Louis Park Family Collaborative Transportation Committee, all agree that a dial-a-ride transportation program covering an expanded service area, that does not restrict ride destinations and that provides more options for mobility impaired residents would be a positive addition to the community. All have expressed their support for SCS’s proposed transportation program, but also indicate that the existing programs do serve a specific need and that they anticipate continued operation. The need for a variety of transportation modes allowing residents and visitors to easily and inexpensively travel throughout the city and the entire metro region was identified through the Visioning process as one of the City’s primary focus areas. Creation of a county wide dial-a-ride program is consistent with many of the ideas and goals proposed by the Vision St. Louis Park Transportation Action Team including: • Creating a superior transportation system, • Alleviate barriers, • Transportation system should strive to be simple, convenient, safe and inexpensive for everyone, • All the transportation system components and modes should be integrated and designed to support one another, • Embrace existing and future technology to make transportation more convenient and cost effective, • Our transportation system is an innovative model for other communities, and St. Louis Park City Council Meeting Item: 041607 - 4a - Senior Community Services Dial-a-Ride Program Agreement Page 3 • Coordinate with neighboring cities’ transit efforts. Based on the community support for creating a dial-a-ride program and the potential benefits that a flexible transportation program would provide, staff recommends that the Council approve a $10,000 funding contribution to cover program operational costs for the period of July 1, 2007 through December 31, 2007. Following the first six months of operation, staff will evaluate the program’s performance and its ability to serve the transportation needs of St. Louis Park residents. A determination of whether to continue funding the program for 2008 will be based on staff’s assessment and Council approval. Staff proposes to utilize the Housing Rehab fund as the funding resource. RECOMMENDATION: Staff recommends that the City enter into a contract with Senior Community Services to provide $10,000 in funding to support a dial-a-ride transportation program serving suburban Hennepin County residents which will eliminate current boundaries between existing transportation programs and cities. The contract will cover a period from July 1, 2007 through December 31, 2007 with an option to provide continued funding for the program for calendar year 2008 contingent upon Council approval. Staff will review the performance of the program following the first six months of operation and provide an update to the Council and a determination regarding whether to continue to fund for calendar year 2008. Attachments: Service Area Map Service Agreement Prepared by: Michele Schnitker, Housing Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 4a - Senior Community Services Dial-a-Ride Program Agreement Page 4 St. Louis Park City Council Meeting Item: 041607 - 4a - Senior Community Services Dial-a-Ride Program Agreement Page 5 SERVICE AGREEMENT AGREEMENT made this ________ day of ______________, 2007, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("City"), and Senior Community Services, a nonprofit organization ("SCS"). RECITALS A. SCS is a nonprofit social service agency, providing a number of programs for elders and disabled citizens to help them remain independent, including the operation of seven dial-a-ride transportation programs covering a number of cities in Hennepin and Wright Counties. B. SCS is implementing a plan in coordination with PRISM, another nonprofit transportation provider operating in northern Hennepin County, to eliminate the current boundaries between the transportation programs currently operating throughout the many communities in Hennepin County. SCS proposes an expanded dial-a-ride program that would encompass multiple cities in the County. C. The funds being provided by the City are intended to assist SCS to support a dial-a-ride transportation program serving St. Louis Park residents and other suburban Hennepin County residents which will eliminate current boundaries between existing transportation programs and cities. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. AMOUNT. The City hereby grants SCS $10,000.00 to be used for its ongoing programming costs. 2. CONDITIONS OF PAYMENT. a. The grant is intended to support SCS’s operations from July 1, 2007 – December 31, 2007. b. SCS will operate the program in accordance with the “Scope of Services”. (attached) c. SCS will provide the SLP with quarterly reports including the following information: • Number of new riders • Number of rides • Number of ride denials St. Louis Park City Council Meeting Item: 041607 - 4a - Senior Community Services Dial-a-Ride Program Agreement Page 6 The first quarterly report will be completed for the months of July, August, September and the report will be due by October 31, 2007. The second quarterly report will be completed for the months of October, November, December. d. For the term of this contract, Hennepin County boundary free dial-a-ride transportation includes the following cities: St. Louis Park, Edina, Minnetonka, Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Center, Brooklyn Park, Osseo, Maple Grove, Champlin, Dayton, Rogers and the eastern portion of Plymouth meaning east of Highway 494. 3. GENERAL CONDITIONS. a. SCS agrees that it will comply with all federal, state, and local statutes and ordinances relating to nondiscrimination. b. SCS shall at all times be an independent contractor and shall not be the employee of the City for any purpose. c. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. d. All books, records, documents, and accounting procedures and practices of SCS and its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the City. CITY OF ST. LOUIS PARK BY: _________________________________ Jeffrey W. Jacobs, Mayor AND ________________________________ Thomas K. Harmening, City Manager SENIOR COMMUNITY SERVICES BY: _________________________________ Its AND:________________________________ Its St. Louis Park City Council Meeting Item: 041607 - 4a - Senior Community Services Dial-a-Ride Program Agreement Page 7 SCOPE OF SERVICES SLP and SCS have agreed to the following scope of service. • SCS’ transportation service is a door-to-door service. Meaning that the rider will be ready and waiting at their front door for the ride. If the rider lives in a multi unit building, the rider will be ready and waiting at the front door of the building, not their personal front door. The driver will offer general assistance to the rider from the front door all the way into the bus seat. This same level of assistance is available to the rider, when they exit the bus. • SCS requests riders give at least a 48-hour ride request notice, but a 72-hour ride request notice is preferred. • SCS requests that when the rider calls in their ride request they give the dispatcher information regarding any mobility devices that they are bringing along, if they are visually or hearing impaired, if they are bringing along an escort or have any other special requirements. • SCS’ transportation service operates on a 15-minute ride window either way. Meaning that if the ride pick up time is 11:00, the rider will be ready and waiting at the front door by 10:45 and the ride may not arrive until 11:15. • Each rider is allowed up to two grocery bags or similar sized bags, when they ride on SCS’ buses. The driver can assist the rider by bringing up those two bags to the riders’ front door. • Due to funding limitations, initially planned hours of operation for this transportation service are Monday – Friday, 8:00 a.m. – 4:00 p.m. SCS hopes to expand service hours in the future. • The cost per one-way ride is $5.00. • All riders will call one phone number to set up their rides. • SCS’ transportation service maintains the right to limit the number of standing order rides to 30% of their overall number of rides. A standing order ride is a repeated, regularly scheduled rider appointment such as radiation, dialysis, haircut, etc. • SCS’ transportation service has no rider application process or eligibility guidelines. The rider only needs to call in advance to schedule a ride. SCS’ transportation service is marketed to elders (age 55 and greater), but the service is available to the general public on a first come first served basis. Children under the age of 12 must be accompanied by an adult. St. Louis Park City Council Meeting Item: 041607 - 4b - NordicWare Vacations Page 1 4b. Motion to adopt the second reading of an Ordinance Vacating Drainage and Utility Easements, Streets and Alleys at the NordicWare site, approve summary and authorize publication. REQUEST: Requested is approval of several vacations related to the preliminary and final plat of the NordicWare site. NordicWare has made this request in order to consolidate its property into a single parcel. Vacations require a public hearing and two readings before the City Council. The public hearing and first reading were held on April 9, 2007. The City Council approved the first reading. BACKGROUND: The current configuration of the lands at NordicWare is based on plats that were filed several decades ago. The original plats were designed for the construction of single family housing and included streets and alleys that were never built. At this time NordicWare has requested that the City vacate several of these streets and alleys, together with several outdated easements. The legal descriptions for the proposed vacations have been reviewed by the City Engineer, Zoning Administrator, and the City Attorney. The City Engineer has determined that the right-of-way dedicated for streets and alleys, as platted over the NordicWare site, should not be retained. The requested vacations include several outdated easements. The approval of the attached vacations are conditioned on the filing of the plat of Dalquist Industrial Park 2nd Addition, which includes several new easements in place of those being vacated. The new easements will more appropriately provide drainage and utility access for the local and regional sanitary and storm sewers that cross the NordicWare site. All requested vacations have been reviewed by the City Engineer and any affected utility companies or owners of affected infrastructure. Because new easements are provided on the plat, no concerns were raised regarding the proposed vacations. A public notice of the vacations was published in the official paper and all property owners within 350’ were notified. No comments or inquires have been received. RECOMMENDATION: Motion to adopt the second reading of an ordinance vacating drainage and utility easements, streets and alleys at the NordicWare site, approve summary and authorize publication. Attachments: Ordinance Vacating Utility and Drainage Easements, Streets and Alleys Summary Ordinance Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 4b - NordicWare Vacations Page 2 ORDINANCE NO. 2328-07 AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS, STREETS AND ALLEYS SW Corner of the intersection of State Highway 7 and Beltline Boulevard THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the utility and drainage easements, streets and alleys proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on March 29, 2007, and the City Council has conducted a public hearing upon said petition and has determined that the utility and drainage easements, streets and alleys are not needed for public purposes, and that it is for the best interest of the public that said easements, streets and alleys be vacated. Section 2. The following described utility and drainage easements, streets and alleys, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated: a. A Portion of Princeton Avenue South That part of Princeton Avenue South, originally dedicated as Panama Avenue in “Lewiston Park, Hennepin Co., Minn.”, according to the recorded plat thereof, Hennepin County, Minnesota, which lies northerly of the easterly extension of the north line of Lot 12, Block 3, said “Lewiston Park, Hennepin Co., Minn.” and which lies southerly of a line described as beginning at the northeast corner of Lot 5, said Block 3; thence easterly, along a line drawn at a right angle to the east line of said Lot 5, to the center line of said Princeton Avenue South; thence southerly, along the center line of said Princeton Avenue South, to the intersection with a line drawn westerly at a right angle to the west line of Lot 20, Block 2, said “Lewiston Park, Hennepin Co., Minn.”, from the northwest corner of said Lot 20; thence easterly to the northwest corner of said Lot 20 and there terminating. b. A Portion of Quentin Avenue South The part of Quentin Avenue South, originally dedicated as Quincy Avenue in “Lewiston Park, Hennepin Co., Minn.”, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southerly of a line drawn westerly at a right angle to the west line of Lot 18, Block 3, said “Lewiston Park, Hennepin Co., Minn.”, from the northwest corner of said Lot 18 to the west line of said Quentin Avenue South, and said line there terminating. St. Louis Park City Council Meeting Item: 041607 - 4b - NordicWare Vacations Page 3 c. A Portion of the Alley in Block 2, “Lewiston Park, Hennepin Co., Minn.” That part of the alley as dedicated in Block 2, “Lewiston Park, Hennepin Co., Minn.”, according to the recorded plat thereof, Hennepin County, Minnesota, which lies northerly of the easterly extension of the north line of Lot 16, said Block 2 and which lies southerly of a line drawn from the northeast corner of Lot 20, said Block 2 to the northwest corner of Lot 6, said Block 2. d. A Portion of the Alley in Block 3, “Lewiston Park, Hennepin Co., Minn.” That part of the alley as dedicated in Block 3, “Lewiston Park, Hennepin Co., Minn.” according to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of a line drawn from the northeast corner of Lot 11, said Block 3, to the southeast corner of Lot 10, said Block 3, and which lies southerly of a line drawn easterly at a right angle to the east line of Lot 18, said Block 3, from the northeast corner of said Lot 18 to the east line of said alley and said line there terminating. e. A Portion of the Alley in Block 4, “Lewiston Park, Hennepin Co., Minn.” That part of the alley as dedicated in Block 4, “Lewiston Park, Hennepin Co., Minn.”, according to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of the southerly extension of the east line of Lot 14, said Block 4 and which lies southerly of a line described as beginning at the northwest corner of Lot 4, said Block 4; thence westerly, along a line drawn at a right angle to the west line of said Lot 4, to the center line of said alley; thence southerly, along the center line of said alley, to the intersection with a line drawn easterly at a right angle to the east line of Lot 26, said Block 4, from the northeast corner of said Lot 26; thence westerly to the northeast corner of said Lot 26 and said line there terminating. f. A Public Highway Easement in Block 4, “Lewiston Park, Hennepin Co., Minn.” Those parts of Lots 12, 13, 14, 15, 16 and 17, Block 4, “Lewiston Park, Hennepin Co., Minn.”, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southeasterly of a line drawn 50.00 feet northwesterly of and parallel with the southeasterly line of said Block 4. Together with: That part of Lot 14, said Block 4, which lies northwesterly of a line drawn 50.00 feet northwesterly of and parallel with the southeasterly line of said Lot 4. g. The Utility Easement Reserved per Document No. 5880150 Lots 6, 7 and 8 and Lots 17 through 20, inclusive, and the alley lying between the northerly lot line of Lot 20 extended easterly and the southerly lot line of Lot 17, extended easterly, all in Block 2, Lewiston Park, Hennepin County, Minnesota, Together with Lots 5 through 8, inclusive, Block 3, Lewiston Park, Hennepin County, Minnesota. St. Louis Park City Council Meeting Item: 041607 - 4b - NordicWare Vacations Page 4 h. A Storm Sewer and a Forced Main Sewer Easement as Mentioned in Document No. 5182033 Those parts of Lots 6, 7 and 8 and Lots 17 through 20 inclusive, Block 2, Lewiston Park, Hennepin County, Minnesota, which lie within a 30.00 foot wide strip of land, the center line of which is described as beginning at a point in the west line of said Block 2, distant 77 feet north of the southwest corner of Lot 17; thence easterly to a point on the east line of said Block 2, distant 38.00 feet north of the southeast corner of said Block 2 and there terminating. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Section 4. The streets, alleys and easements described herein are vacated upon the approval and recording of the Final Plat of Dalquist Industrial Park 2nd Addition at Hennepin County, Minnesota. Section 5. This Ordinance shall take effect fifteen days after its publication. First Reading April 9, 2007 Second Reading April 16, 2007 Date of Publication April 26, 2007 Date Ordinance takes effect May 17, 2007 Reviewed for Administration Adopted by the City Council April 16, 2007 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Meeting Item: 041607 - 4b - NordicWare Vacations Page 5 SUMMARY ORDINANCE NO. 2328-07 AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS, STREETS AND ALLEYS SW Corner of the intersection of State Highway 7 and Beltline Boulevard This ordinance states that several streets, alleys and easements associated with the NordicWare property will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 16, 2007 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: April 26, 2007 St. Louis Park City Council Meeting Item: 041607 - 4c - Grant Proposal for Non-motorized Transportation Pilot Program Page 1 4c. Motion to Adopt a Resolution Authorizing the Submittal of a Grant Proposal for the 2007 Non-motorized Transportation Pilot Program – Xenia Avenue/Park Place Boulevard Corridor Study. BACKGROUND: Transit for Livable Communities (TLC) recently advertised for grant applications for the Non- Motorized Transportation Pilot Program (NTP). City Staff attended the informational meeting sponsored by TLC and then reviewed potential applications for St. Louis Park that would have a reasonable likelihood of being funded. The NTP is a federal program created by Congress in 2005. It includes four geographic areas nationwide in the pilot program, one of which is Minneapolis and adjacent communities (including St. Louis Park). Over the next four years, there will be $21.5 million available for the Minneapolis pilot program. The first stage takes place in spring of 2007, providing $7.3 million in available funding. The purpose of the program is to test how infrastructure improvements, combined with planning, public education, and promotion can increase the number of people biking and walking, thereby reducing driving. All projects must link to regional trails connecting to Minneapolis. More information about the pilot program can be found on the Transit for Livable Communities website (www.tlcminnesota.org). Planning Staff developed an application for planning funds for a study of a portion of both St. Louis Park and Golden Valley. The study area would run roughly along the Xenia Avenue / Park Place Boulevard corridor from Glenwood Avenue to just south of Cedar Lake Road. The intent of the study would be to determine how to best connect St. Louis Park and Golden Valley residents and employees in the study area to Theodore Wirth Park, the Cedar Lake Trail, and the rest of Minneapolis for bicycles, pedestrians, and transit users. A map of the proposed study area is attached. The amount of grant funding being requested is $35,000. A local cash match is not required. A consultant would be retained to assist with the study. The proposed study would complement the on-going Active Communities Planning effort funded by Blue Cross/Blue Shield of Minnesota. It will allow the City to complete a more detailed and specific plan related to improvements for pedestrian and bicycle purposes in a smaller geographic area and enhance connections between St. Louis Park, Golden Valley and Minneapolis. RECOMMENDATION: Staff recommends a Motion to Adopt a Resolution Authorizing the Submittal of a Grant Proposal for the 2007 Non-motorized Transportation Pilot Program – Xenia Avenue/Park Place Boulevard Corridor Study. Attachments: Resolution Map of Study Area Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 4c - Grant Proposal for Non-motorized Transportation Pilot Program Page 2 RESOLUTION NO. 07-051 RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT PROPOSAL FOR THE 2007 NON-MOTORIZED TRANSPORTATION PILOT PROGRAM XENIA/PARK PLACE CORRIDOR WHEREAS, the City of St. Louis Park, Minnesota, has an interest in improving bike, pedestrian and transit options for its citizens; and, WHEREAS, the City of St. Louis Park has proposed a joint study of non-motorized connections from Glenwood Avenue south through Golden Valley and St. Louis Park to the Cedar Lake Trail south of the Burlington Northern railroad in St. Louis Park; and, WHEREAS, the City of St. Louis Park supports the improvement of non-motorized connections for its residents and businesses, including connections to and through the cities of Golden Valley and Minneapolis; and, WHEREAS, the Non-Motorized Transportation Pilot Program offers planning grants to enhance planning for improved connections to the Cedar Lake Trail and Theodore Wirth Park from St. Louis Park and Golden Valley; and NOW THEREFORE BE IT RESOLVED, by the City Council for the City of St. Louis Park. that it supports the grant application to be prepared and submitted for the 2007 Non- Motorized Transportation Pilot Program Grant focused on the Xenia-Park Place Corridor and improved connections to the Cedar Lake Trail and Theodore Wirth Park. Reviewed for Administration: Adopted by the City Council April 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 041607 - 4c - Grant Proposal for Non-motorized Transportation Pilot Program Page 3 St. Louis Park City Council Meeting Item: 041607 - 4d - License Agreement with Fern Hill Place Page 1 4d. Motion to Approve Amended and Restated License Agreement with Fern Hill Place, LLC. BACKGROUND: On November 11, 2003 the City Council approved a License Agreement allowing for the installation of two, off-site, ground water monitoring wells in the City right-of-way along Raleigh Avenue adjacent to City Hall (please see attached staff report). The monitoring wells were required by the MPCA as part of the Response Action Plan (RAP) associated with the environmental cleanup of the former Waldorf Nevins Dry Cleaners property at 5101 Minnetonka Boulevard currently Fern Hill Place. The MPCA is now requiring the installation of two additional off-site wells adjacent to the redeveloped property. These new ground water monitoring wells are proposed to be installed in the City right-of-way immediately north and south of Minnetonka Blvd along Salem Avenue. After the wells are installed, they will be monitored along with the existing two off-site wells and five wells on the redevelopment property for 6 months to one year. Once the MPCA is satisfied that no further actions are required with respect to the ground water, all of the monitoring wells will be properly removed and sealed by a licensed contractor. The monitoring wells will be 55 feet deep and have a 2-inch inside diameter. They will be constructed with 5-foot long PVC screens and low carbon steel riser pipe. In order to authorize the installation of the two new wells within the City’s right-of-way the previously approved License Agreement between the City and the developer needs to be amended. The proposed Amended and Restated License Agreement expires June 30, 2008. RECOMMENDATION: The City Attorney prepared the attached Amended and Restated License Agreement in consultation with staff and recommends its approval. Attachments: Staff Report of 11-17-03 License Agreement Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 4d - License Agreement with Fern Hill Place Page 2 Staff report of November 17, 2003 License Agreement – Fern Hill Place This report considers the adoption of a License Agreement between Fern Hill Place, LLC and the City of St. Louis Park allowing for the installation of two monitoring wells in the City’s right-of-way along Raleigh Avenue. Recommended Action: Motion to approve the License Agreement between between Fern Hill Place, LLC and the City of St. Louis Park relative to the installation of monitoring wells in the City’s right-of-way along Raleigh Avenue. Background In December of 1998, a Response Action Plan (RAP) was submitted to the MPCA for the remediation of the contamination on the former Waldorf–Nevens Dry Cleaner site located at 5101 Minnetonka Blvd. This RAP subsequently received MPCA approval. In the spring of 1999, the St. Louis Park EDA authorized and submitted applications to the then Dept. of Trade and Economic Development, and the Metropolitan Council for grant funds to assist with the costs of the remediation. These grants were subsequently approved. The EDA then entered into a contract for redevelopment with the then developer, Park Land Company, on September 7, 1999, for cleaning-up the polluted site and developing a mixed commercial and residential facility on the site. Current project developer, Fern Hill Place, LLC, has retained Peer Engineering to complete the remaining tasks under the approved RAP. The remaining response actions include: 1) installation of five additional monitoring wells, 2) quarterly sampling of ground water for a one year period, and 3) quarterly monitoring of air within the building for a year. One of the required wells specified in the RAP is to be located south of the Fern Hill property in the City right-of-way along the west side of Raleigh Ave within the Garden Village Apartment’s parking area (it would be flush mounted with the pavement). Another well is to be placed across Raleigh Avenue either in the City right-of-way or just on the west side of the City Hall property. The approximate well locations are indicated in the attached well map. The monitoring wells will be 55 feet deep and have a 2-inch inside diameter. They will be constructed with 5-foot long PVC screens and low carbon steel riser pipe. In order to authorize the installation of the wells within the City’s right-of-way a License Agreement between the City and the developer is recommended. Primary points of Proposed License Agreement 1. The proposed License Agreement grants Fern Hill Place, LLC and its contractor, Peer Engineering, Inc. a license to install and operate two 55-foot deep ground water monitoring wells to be located either in the Raleigh Street right-of-way or on the City Hall property. 2. The monitoring wells will be installed and operated in order to implement the Response Action Plan (RAP) associated with the Fern Hill Place development project located at 5101 Minnetonka Boulevard. St. Louis Park City Council Meeting Item: 041607 - 4d - License Agreement with Fern Hill Place Page 3 3. The City will approve the location and design of the wells prior to their installation. 4. Developer releases and agrees to indemnify, defend and hold harmless, the City from any claim arising out of the installation and operation of the wells. 5. The developer will remove the wells and restore the areas to their original condition upon completion of the monitoring activities. To ensure that this work is completed, a $1,500 Letter of Credit or cash escrow is required from the developer. 6. The license expires on 12/31/04. The City’s attorney prepared the attached License Agreement and is recommending its approval. St. Louis Park City Council Meeting Item: 041607 - 4d - License Agreement with Fern Hill Place Page 4 AMENDED AND RESTATED LICENSE AGREEMENT AGREEMENT this ____ day of ___________, 2007, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (“City”) and FERN HILL PLACE, LLC, a Minnesota limited liability company (“Developer”). This Agreement amends, extends and restates the previous agreement between the parties which expired on December 31, 2004. The parties agree as follows: 1. The City of St. Louis Park hereby grants Fern Hill Place, LLC and its contractor, Peer Engineering, Inc. a license to install and operate: (a) two 55-foot deep ground water monitoring wells to be located either in the Raleigh Street right-of-way or on the City Hall property located at 5005 Minnetonka Boulevard; and (b) two additional wells located north and south of Minnetonka Boulevard along Salem Avenue in the City’s right-of-way. 2. The monitoring wells will be installed and operated in order to implement the Response Action Plan (RAP) associated with the Fern Hill Place development project located at 5101 Minnetonka Boulevard as described in October 16, 2003 Scope of Services prepared by Peer Engineering. 3. The City shall approve the location and design of the wells prior to their installation. 4. Developer releases and agrees to indemnify, defend and hold harmless, the City from any claim, demand, suit, action, or other proceeding, including attorney fees incurred in defending such claim, by any person or entity arising out of the installation and operation of the wells. St. Louis Park City Council Meeting Item: 041607 - 4d - License Agreement with Fern Hill Place Page 5 5. Developer shall be responsible for obtaining any well maintenance permits required by the Minnesota Department of Health (MDH) and shall remove the wells and restore the area to its original condition upon completion of the monitoring activities. Developer shall seal the wells in accordance with MDH standards immediately upon completion of the monitoring and following approval by the Minnesota Pollution Control Agency. Prior to installing the wells, Developer shall provide the City with a $1,500 letter of credit in a form approved by the City, or a cash escrow in that amount, guaranteeing the removal and sealing of the wells, which shall be returned to the Developer upon proper completion of the work. 6. This license shall expire on June 30, 2008 unless extended in writing by the parties. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager FERN HILL PLACE, LLC By: Its: Chief Manager St. Louis Park City Council Meeting Item: 041607 - 4e- Human Rights Commission Bylaws Approval Page 1 4e. Motion to approve Human Rights Commission Bylaws BACKGROUND: The Human Rights 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 March 20, 2007 meeting. While the Council is not required to take formal action on the Human Rights 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. The City Council received a copy of these by-laws for its April 9 Study Session. RECOMMENDATION: Staff recommends Council make a motion to approve the bylaws as adopted by the St. Louis Park Human Rights Commission on March 20, 2007. Attachments: Human Rights Commission Bylaws Prepared by: Marney Olson, Community Liaison Reviewed by: John Luse, Police Chief Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 4e- Human Rights Commission Bylaws Approval Page 2 ST. LOUIS PARK, MINNESOTA HUMAN RIGHTS COMMISSION BY-LAWS Revised March 20, 2007 and Approved by City Council on April 16, 2007 The St. Louis Park Human Rights Commission was established May 20, 1968. Article I - The Commission 1.1 Name of Commission. The name of the Commission shall be the “St. Louis Park Human Rights Commission”, which is referred to herein from time to time as “The Commission”. 1.2 Powers. The powers of the commission shall be vested in the Commissioners thereof in office from time to time. 1.3 Mission, Vision, Values, and Goal Statements. The Commission shall operate under the tenets of these mission, vision, values and goal statements. 1.31 Mission • The purpose of the human rights commission shall be to advise the city council in its efforts to ensure all citizens protection of their human rights and full and equal opportunity for participation in the affairs of this community. The commission assists individuals and groups in cultivating a community that embraces principles of equity and respect for all of its citizens. 1.32 Vision • The Commission adheres to the vision set forth by the City 1.33 Values • The Commission adheres to the values set forth by the City 1.34 Goals • Study and review programs and policies and advise and aid the city council in enlisting the cooperation of agencies, organizations and individuals in the city in an active program directed to create equal opportunity and eliminate discrimination. • Make recommendations to the city council regarding formulation and implementation of human rights programs for the city. The programs shall be directed toward increasing the effectiveness and direction of all individuals and agencies of the city through planning, policy-making and education in the area of human rights. • Advise the city council with respect to human rights issues arising out of or in connection with the plans or operations of any city department or agency and recommend the adoption of such specific policies or actions as may be needed to protect human rights in the city. St. Louis Park City Council Meeting Item: 041607 - 4e- Human Rights Commission Bylaws Approval Page 3 • Advise and recommend to the city council programs or legislation to eliminate inequalities of opportunity in the area of human rights. • Publish and distribute to the public at large any materials necessary or advisable to carry out its functions, subject to requirements of the city council. • Make studies, surveys and investigations necessary or advisable to carry out its functions. • Sponsor such meetings, institutes, and forums and other educational activities as will lead to clearer understanding of local human rights issues and contribute to their proper resolution. Article II - Officers 2.1 Officers. The officers of the Commission shall be Chair, and Vice-Chair. 2.2 Chair. The chair shall preside at all meetings of the commission. The chair shall also be responsible for appointing Commission members to task force committees. The Chair’s position rotates annually and the chair serves for one year. 2.3 Vice-Chair. The vice-chair shall perform the duties of the chair in the absence or incapacity of the chair; and in case of the resignation or death of the chair, the vice-chair shall perform such duties as imposed on the chair until such time as the commission shall select a new chair. The Vice-Chair serves for one year. 2.4 Secretary (if applicable). The secretary shall be responsible for ensuring proper notice of all meetings is given. The secretary shall also be responsible for the minutes of all meetings and for the recording of all official actions of the commission in accordance with MN Statute and City policy. The secretary shall perform other duties as the commission shall prescribe. 2.5 Staff Liaison. A staff liaison to the Human Rights Commission shall be appointed 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. 2.6 Delegation of Duties. Officers may delegate duties of their position to other personnel as deemed appropriate by the commission. St. Louis Park City Council Meeting Item: 041607 - 4e- Human Rights Commission Bylaws Approval Page 4 Article III - Election of Officers 3.1 Elections and Terms of Office. The chair and vice-chair shall be elected from the commission membership by its members at the regular meeting in December of each year, or as shortly thereafter as possible. Terms of office shall be for one year and shall run from January 1st through December 31st of each year, or until a duly elected successor takes office. 3.2 Vacancies. Should the office of chair or vice-chair become vacant, the commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Article IV - Meetings 4.1 Meetings. All meetings of the commission shall be conducted in accordance with the Minnesota Open Meeting Law. 4.2 Annual Meeting. The annual meeting of the commission shall be the regular meeting in December at which time elections will be held and the schedule for the following year’s regular meeting schedule will be considered. 4.3 Regular Meetings. The regular meetings of the commission shall be held on the third Tuesday of the month at City Hall at 7:00 p.m. 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. 4.4 Holidays. The Commission shall hold regular meetings as set forth in section 4.3. [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, Thanksgiving Day, President’s Day, Martin Luther King Jr. 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 Tuesday 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. 4.5 Special Meetings. Special meetings of the Commission may be called by the chair or two commissioners, or by the city council, for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The secretary must deliver to the commissioners at least three days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all commissioners attend and participate in the meeting, these notice requirements are 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. St. Louis Park City Council Meeting Item: 041607 - 4e- Human Rights Commission Bylaws Approval Page 5 4.5 Emergency Meetings. An emergency meeting may be called by the chair due to circumstances which require immediate consideration. The staff liaison may notify commissioners by any means available. A good faith effort shall be made to provide notice of the meeting to any news medium that has filed a written request for notice of meetings. The notice shall include the purpose of the meeting. 4.5 Quorum and Voting. The presence of a majority of all currently appointed members of the commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to discuss the business of the commission and recommendations may be made, however, formal action must be reserved for such time as a quorum of the commission is reached. Article V - Agenda and Records of Proceedings 5.1 Agenda Preparation. The agenda for regular and special meetings of the commission shall be prepared by the staff liaison subject to approval by the chair. Items to be placed on the agenda may be proposed by the chair, a commission member, the staff liaison or at the request of the city council. Residents, businesses, or other interested parties may contact individual commission members or the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the city council will be placed on an appropriate agenda, requests from other parties will be placed on an appropriate future agenda at the discretion of the chair. . 5.2 Approval of the Agenda. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 5.3 Record of Proceedings. All minutes and resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Records shall be kept in accordance with MN Statute and Rules regarding preservation of public records and the MN Data Privacy Act. Article VI - Attendance and Performance of Duties 6.1 Attendance. 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. 6.2 Reporting. 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. St. Louis Park City Council Meeting Item: 041607 - 4e- Human Rights Commission Bylaws Approval Page 6 6.3 Performance of Duties. 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 VII - Commission Activities 7.1 Annual Work Plan. The commission will adopt an annual work plan that details activities and projected timelines for the calendar year. • The chair may appoint commission members to be primarily responsible for each work plan activity. • The commission may establish task force committees to oversee work plan activities, chaired by members appointed by the chair. • Commission work plans will be submitted to the City Council by January 1st or as shortly thereafter as practicable. • Commission members will attend a study session to discuss the annual work plan with the City Council. A written mid-year progress report is due by July 31 of each year. 7.2 Task Forces. The commission may create task force committees to investigate and perform duties related to subjects of interest to the commission and to oversee work plan activities. • Task force committees will be chaired by commission members appointed by the commission chair. • A task force consists of at least two appointed commission members, one of whom will be designated committee chair or committee co-chair by the commission chair. A majority of the task force must be present to conduct business, including at least two commission members. • The commission may consolidate or dissolve existing task forces at any time. • The task force chair may appoint other commission members and representatives from the broader community to the task force. • The task force chair shall report about task force activities as an agenda item at regular commission meetings. 7.3 City Council Annual Report. The commission will submit an annual report to the City Council summarizing the past year's activities. The report may highlight issues of concern and other information the commission feels appropriate to convey to the city council. • The commission chair or designee will prepare the report for approval by the commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. St. Louis Park City Council Meeting Item: 041607 - 4e- Human Rights Commission Bylaws Approval Page 7 • The report and addenda are submitted with the current year work plan by January 1 or as soon thereafter as possible. Article VIII - By-Laws and Rules 8.1 Amendments. These By-Laws may be amended by a majority of all voting member of the commission. Commission members must be given one month's advance notice regarding proposed amendments prior to formal commission action. Amendments to these procedures can only be considered at a regular meeting of the commission. 8.2 City Council’s Rules and Procedures for Boards and Commissions. 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. St. Louis Park City Council Meeting Item: 041607 - 4f - Parks & Recreation Advisory Commission Bylaws Approval Page 1 4f. Motion to approve revised Parks & Recreation Advisory Commission Bylaws. BACKGROUND: The Parks and Recreation Advisory 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 April 11, 2007 meeting. Underlined sections are new additions and strikethrough items will be removed. While the Council is not required to take formal action on the Parks and Recreation Advisory 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 Parks and Recreation Advisory Commission on April 11, 2007. Attachments: Parks and Recreation Advisory Commission Bylaws Prepared by: Stacy Voelker, Administrative Secretary Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 4f - Parks & Recreation Advisory Commission Bylaws Approval Page 2 ST. LOUIS PARK, MINNESOTA PARKS AND RECREATION ADVISORY COMMISSION BY-LAWS Adopted March 13, 1957 Revised April 10, 1063 Revised November 8, 2000 Revised April 11, 2007 Article I - The Commission 1.1 Name of Commission. The name of the Commission shall be the “Parks and Recreation Advisory Commission”, which is referred to herein from time to time as “The Commission”. 1.2 Powers. The powers of the commission shall be vested in the Commissioners thereof in office from time to time. 1.3 Mission, Vision, and Values Statements. The Commission shall operate under the tenets of the cities mission, vision, values and statements. 1.31 Goals • The commission shall operate under annual goals which are stated in the work plan form. 1.4 Purpose and Duties. 1.41 Purpose • This Commission shall study and consider all phases of public parks and recreation and recommend to the City of St. Louis Park and Independent School District #283 a park and public recreation program which best meets the needs of all residents of St. Louis Park. 1.42 Duties • Duties of the Commission shall be advisory, and shall be such as are set forth in Ordinance #540 – dated September 4, 1956 and as amended by Ordinance #1403 dated April 17, 1978 of the City of St. Louis Park and of the Agreement between School District #283 and the City of St. Louis Park dated August 13, 1956, and as amended in 1972. They shall include the following: a. Study of current park and recreation programs, and desires of citizens for such services. b. Staff and commissioners will work together to keep acquainted with the best recreation and park standards for communities. c. Recommending, before each August first, a budget of program and expenditures for the next fiscal year’s Recreation and Park operations, to be presented to the City and School District. St. Louis Park City Council Meeting Item: 041607 - 4f - Parks & Recreation Advisory Commission Bylaws Approval Page 3 c. Study and recommendation of long-range park and recreation plans for St. Louis Park and be involved in public meetings where appropriate. d. Provide recommendations and act in an advisory capacity to city staff and city council regarding parks, recreation programs, nature center, environmental/forestry, trails, facilities, park maintenance and related CIP projects. Article II - Officers 2.1 Officers. The officers of the Commission shall be Chairman and Vice-Chairman whose duties shall be such as their titles imply. A recording secretary shall be appointed by the Chairman and need not be a member of the Commission. 2.2 Chair. The chair shall preside at all meetings of the commission. The chair shall also be responsible for appointing Commission members to task force committees. The Chair’s position rotates annually and the chair serves for one year. 2.3 Vice-Chair. The vice-chair shall perform the duties of the chair in the absence or incapacity of the chair; and in case of the resignation or death of the chair, the vice- president shall perform such duties as imposed on the chair until such time as the commission shall select a new chair. 2.4 Secretary. The recording secretary shall be appointed by the Chair and need not be a member of the Commission. The secretary shall be responsible for ensuring proper notice of all meetings is given. The secretary shall also be responsible for the minutes of all meetings and for the recording of all official actions of the commission in accordance with MN Statute and City policy. The secretary shall perform other duties as the commission shall prescribe. 2.5 Staff Liaison. A staff liaison to the Parks and Recreation Advisory Commission shall be appointed 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. 2.6 City Staff. Other city staff, from various departments, may interact with the Commission as appropriate depending on the issue. 2.7 Delegation of Duties. Officers may delegate duties of their position to other personnel as deemed appropriate by the commission. Article III - Election of Officers All officers shall be elected by ballot at the annual meeting, which shall be the first meeting in the calendar year, and shall continue in office one year, or until the next annual election. No officer shall be elected to the same office more than three years in succession. St. Louis Park City Council Meeting Item: 041607 - 4f - Parks & Recreation Advisory Commission Bylaws Approval Page 4 3.1 Elections and Terms of Office. The chair, vice-chair and secretary shall be elected from the commission membership by its members at the regular meeting in December of each year, or as shortly thereafter as possible. Terms of office shall be for three years and shall run from January 1st through December 31st of each year, or until a duly elected successor takes office. Officers may be elected to an unlimited number of successive terms. 3.2 Vacancies. Should the office of chair, vice-chair or secretary become vacant, the commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Member vacancies will be filled in a timely manner. Article IV – Meetings 4.1 Meetings. All meetings shall be open to the public. All meetings of the commission shall be conducted in accordance with the Minnesota Open Meeting Law. 4.2 Annual Meeting. The annual meeting of the commission shall be the regular meeting in December at which time elections will be held and the schedule for the following year’s regular meeting schedule will be considered. 4.3 Regular Meetings. The regular meetings of the commission shall be held monthly on the third Wednesday of each month. and special meetings may be held on other dates at the call of the Chairman or any two members of the Commission. 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. 4.4 Holidays. The Commission shall hold regular meetings as set forth in section 4.3 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, Thanksgiving Day, President’s Day, Martin Luther King Jr. 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 Rec Center of the city or other public building as noted. 4.5 Special Meetings. Special meetings of the Commission may be called by the chair or two commissioners, or by the city council, for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The secretary must deliver to the commissioners at least three days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all commissioners attend and participate in the meeting, these notice requirements are 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 at least three days prior to the date of the meeting. 4.6 Emergency Meetings. An emergency meeting may be called by the chair due to circumstances which require immediate consideration. The secretary may notify St. Louis Park City Council Meeting Item: 041607 - 4f - Parks & Recreation Advisory Commission Bylaws Approval Page 5 commissioners by any means available. A good faith effort shall be made to provide notice of the meeting to any news medium that has filed a written request for notice of meetings. The notice shall include the purpose of the meeting. 4.7 Quorum and Voting. The presence of a majority of all currently appointed members of the commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to discuss the business of the commission and recommendations may be made, however, formal action must be reserved for such time as a quorum of the commission is reached. Article V - Agenda and Records of Proceedings 5.1 Agenda Preparation. The agenda for regular and special meetings of the commission shall be prepared by the secretary subject to approval by the chair. Items to be placed on the agenda may be proposed by the chair, a commission member, the staff liaison or at the request of the city council. Residents, businesses, or other interested parties may contact individual commission members or the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the city council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the chair. 5.2 Approval of the Agenda. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 5.3 Record of Proceedings. All minutes and resolutions shall be in writing. Records shall be kept in accordance with MN Statute and Rules regarding preservation of public records and the MN Data Privacy Act. Article VI - Attendance and Performance of Duties 6.1 Attendance. 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, secretary or staff liaison 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. 6.2 Reporting. 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. 6.3 Performance of Duties. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission 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. St. Louis Park City Council Meeting Item: 041607 - 4f - Parks & Recreation Advisory Commission Bylaws Approval Page 6 Article VII - Commission Activities 7.1 Annual Work Plan. The commission will adopt an annual work plan that details activities and projected timelines for the calendar year. • The chair may appoint commission members to be primarily responsible for each work plan activity. • The commission may establish task force committees to oversee work plan activities, chaired by members appointed by the chair. • Commission work plans will be submitted to the City Council by January 1st or as shortly thereafter as practicable. • Commission members will attend a study session to discuss the annual work plan with the City Council. A written mid-year progress report is due by July 31 of each year. 7.2 Task Forces. The commission may create task force committees to investigate and perform duties related to subjects of interest to the commission and to oversee work plan activities. • Task force committees will be chaired by commission members appointed by the commission chair. • A task force consists of at least two appointed commission members, one of whom will be designated committee chair or committee co-chair by the commission chair. A majority of the task force must be present to conduct business, including at least two commission members. • The commission may consolidate or dissolve existing task forces at any time. • The task force chair may appoint other commission members and representatives from the broader community to the task force. • The task force chair shall report about task force activities as an agenda item at regular commission meetings. 7.3 City Council Annual Report. The commission will submit an annual report to the City Council summarizing the past year's activities. The report may highlight issues of concern and other information the commission feels appropriate to convey to the city council. • The commission chair or designee will prepare the report for approval by the commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. St. Louis Park City Council Meeting Item: 041607 - 4f - Parks & Recreation Advisory Commission Bylaws Approval Page 7 • The report and addenda are submitted with the current year work plan by January 1 or as soon thereafter as possible. Article VIII - By-Laws and Rules 8.1 Amendments. These By-Laws may be amended by a majority vote of the entire membership of this Commission at any regular meeting, provided written notice of the proposed amendment has been sent to all members ten days in advance. Commission members must be given one month's advance notice regarding proposed amendments prior to formal commission action. Amendments to these procedures can only be considered at a regular meeting of the commission. 8.2 City Council’s Rules and Procedures for Boards and Commissions. 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. St. Louis Park City Council Meeting Item: 041607 - 4g - Housing Authority Minutes March 14, 2007 Page 1 MINUTES Housing Authority St. Louis Park City Hall, Westwood Room St. Louis Park, Minnesota Wednesday, March 14, 2007 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Trinicia Hill, Anne Mavity, Judith Moore STAFF PRESENT: Shannon Bodnar, Jane Klesk, Kathy Larsen, Kevin Locke, Michele Schnitker 1. Call to Order The meeting was called to order at 5:03 p.m. 2. Approval of Minutes for January, 2007 Commissioner Mavity moved to approve the minutes of January 10, 2007, and Commissioner Moore seconded the motion. The motion passed 5-0. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Approval of Excess Land Sale – 4515 West 42nd Street Ms. Larsen presented the Development Agreement for Sale of 4515 West 42nd Street. Commissioner Mavity moved to approve execution of the Development Agreement with Joel and Anna Thomson for the purchase and development of the property at 4515 West 42nd Street, subject to revisions to add a contingency for City approval of a vacation of drainage and storm water easement. Commissioner Fillbrandt seconded the motion, and the motion passed 5-0. St. Louis Park City Council Meeting Item: 041607 - 4g - Housing Authority Minutes March 14, 2007 Page 2 b. Approval of Excess Land Sale – 5609 Wood Lane Ms. Larsen presented the Development Agreement for Sale of 5609 Wood Lane. Commissioner Mavity moved to approve execution of the Development Agreement with Al Stobbe Homes, Inc. for the purchase and development of the property at 5609 Wood Lane, which includes a contingency for approval of house and site plans, contingent upon City approval of road construction. Commissioner Moore seconded the motion, and the motion passed 5-0. c. Amendment of Project-Based Section 8 Assistance Contract with Wayside House, Inc. Ms. Schnitker provided background on project-based Section 8 rental assistance. Commissioner Moore moved to authorize the execution of an amendment to the contract with Wayside House, Inc. to administer 20 units of Section 8 project- based rental assistance at properties owned by Wayside House, Inc., located at 1341 and 1349 Jersey Avenue South, April 1, 2007 through March 31, 2008. Commissioner Fillbrandt seconded the motion, and the motion passed 4-0. Commissioner Mavity abstained from voting. d. Approval of Public Housing Utility Allowance, Resolution No. 556 Ms. Bodnar explained that the Public Housing utility allowance schedules are updated annually, in accordance with HUD regulations. Commissioner Moore moved for approval of Resolution No. 556, Amending the Leasing and Occupancy Plan, Appendix D, Utility Allowances for Scattered Site Program, and Commissioner Mavity seconded the motion. The motion passed 5-0. e. Approval of Insurance Award Ms. Bodnar provided a comparison of the HA’s current insurance coverage and the proposals received. Commissioner Mavity moved to accept the State Farm proposal at the rate of $25,619 annually for property, liability and crime (with a $5,000 deductible); $2,129 annually for automobile; and $1,267 annually for umbrella liability; to obtain coverage through the City for workers’ compensation coverage at an approximate annual cost of $5,860, and coverage for errors and omissions at an approximate annual cost of $264; and to authorize staff to renew the HA’s flood policy when it is due, at an anticipated annual premium of $2,430. Commissioner Hill seconded the motion, and the motion passed 5-0. f. Approval of Public Housing Operating Budget for FYE 2008, Resolution No. 557 Ms. Schnitker presented the Public Housing Operating Budget for FYE 2008 and stated that the HA is required to annually develop and adopt an Operating Budget to support the operation of its Public Housing program. After discussion, Commissioner Moore moved to approve Resolution No. 557, Approving the Public Housing Operating Budget for the Fiscal Year Ending March 31, 2008. Commissioner Fillbrandt seconded the motion, and the motion passed 5-0. St. Louis Park City Council Meeting Item: 041607 - 4g - Housing Authority Minutes March 14, 2007 Page 3 g. Section 8 Housing Choice Voucher Program Utility Allowances, Resolution No. 558 Ms. Schnitker explained that the HA must analyze Section 8 utility allowances on an annual basis, in accordance with HUD regulations. Commissioner Mavity moved for approval of Resolution No. 558, Amending the Section 8 Utility Allowance Schedule, and Commissioner Hill seconded the motion. The motion passed 5-0. h. Approval of Hamilton House Caretaker Contracts Ms. Bodnar stated that the Hamilton House caretakers have expressed interest in continuing their services, which have been excellent. Commissioner Moore moved to approve the Hamilton House caretaker contract with Samir and Azemka Music for $450 per month and free rental of Unit 422; and with Ruzdija and Jasmina Suljic for $450 per month and free rental of unit 222, April 1, 2007 through March 31, 2008. Commissioner Mavity seconded the motion, and the motion passed 5-0. i. Crime Free Rental Ordinance Update The Commissioners were updated by Ms. Schnitker and discussed the status of the Crime Free Rental Ordinance, which is anticipated to be ready for public hearing in the summer of 2007, with licensing requirements effective in January, 2008. 7. Communications from Executive Director a. Claims List February and March – 2007 Commissioner Moore moved to ratify the Claims List for February and March, 2007 and Commissioner Fillbrandt seconded the motion. The motion passed 5-0. b. Communications 1. Council approved CDBG recommended allocation 2. Monthly Report for February and March, 2007 3. 2006 Housing Activity Report 4. Scattered Site Houses and Hamilton House (verbal report) 5. Draft Financial Statements – Report 8. Other St. Louis Park City Council Meeting Item: 041607 - 4g - Housing Authority Minutes March 14, 2007 Page 4 9. Adjournment Commissioner Moore moved to adjourn the meeting, and Commissioner Fillbrandt seconded the motion. The motion passed 5-0. The meeting adjourned at 6:38 p.m. Respectfully submitted, Anne Mavity, Secretary St. Louis Park City Council Meeting Item: 041607 - 4h - Planning Commission Minutes March 21, 2007 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA March 21, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Robert Kramer STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of February 28, 2007 (regular meeting), February 28, 2007 (study session), and March 7, 2007. Commissioner Robertson moved approval of the minutes. Commissioner Morris seconded the motion, and the motion was approved on a vote of 6-0. 3. Hearings A. Major Amendment to Conditional Use Permit (to change approved drainage plan) Location: 2821 Nevada Avenue South Applicant: Sergey Vladyka Case No.: 07-09-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained that the applicant wishes to amend the existing conditional use permit to allow the water holding area to be filled and replaced with a drain field that will collect the water and direct it to the existing lift station. Mr. Morrison said on March 19th he met on the site with the Chief Building Official, City Engineer, and Inspector. Currently the pump is disconnected. In looking at the site, staff found that the discharge is probably not in the best location. He explained that the grade drops from the curb and goes down towards the house on the south. If the water is discharged at that point it never makes it to the curb and to Nevada Ave. Recognizing that was not the intent and probably not a good situation, staff has recommended that the discharge point be relocated to the apron of the driveway. Mr. Morrison said staff believes that is a better design and it will be a condition of approval. He explained further that it will take care of the water once and for all, getting it into the stormwater system, and avoid potential for erosion. Commissioner Robertson asked about the diameter of the discharge pipe. St. Louis Park City Council Meeting Item: 041607 - 4h - Planning Commission Minutes March 21, 2007 Page 2 Mr. Morrison responded that it is two inches. Commissioner Robertson said it is disconcerting that the pump is not currently attached. He asked how the City can make sure the pump stays attached. Mr. Morrison replied besides the conditional use permit that requires it to be in place and functioning, there is also a development agreement in place that requires the property owner to maintain the system. Commissioner Robertson asked if the City conducted periodic inspections. Mr. Morrison said it is a private system, not a public system, so the City does not inspect it. Commissioner Robertson asked if the agreement included protection for neighbors if damage occurs. Mr. Morrison said the property owner is responsible for the system and any damages that may come about. Commissioner Person asked which direction the drainage tiles would be installed. Mr. Morrison said they would run north to south, the long way. Commissioner Robertson asked if the City dictates what kind of vegetation will be planted. Mr. Morrison responded that city code requires that vegetation be established. Types are not specified. He said it is staff’s understanding that there is not actually a history of standing water at the site. In the past it was fairly heavily wooded and the vegetation was probably some weeds and grass along with exposed dirt. It was an undeveloped site. Commissioner Person suggested that the system in place be tested to see if it works. Commissioner Morris said the original CUP was debated quite intensely by the Planning Commission and City Council. The drain pipe wasn’t supposed to stop short of the curb. The report says it was supposed to drain the pond up through the pump and to the City stormwater system, which didn’t mean to drain it to the front lawn of the property. He asked why not continue the pipe out to the curb. Mr. Morrison said the original diagram had the discharge pipe cutting through the curb of the street so it would discharge directly to the street. That design was not reviewed by Public Works. Public Works requires that sump pumps discharge on the lawn so that most of the water will infiltrate on the yard and not make it to the stormwater system. If it does, it will migrate across the yard to the curb. In this site since the grades do go directly back away from the street, there really isn’t much of a choice, which makes the driveway the best place for the discharge. St. Louis Park City Council Meeting Item: 041607 - 4h - Planning Commission Minutes March 21, 2007 Page 3 Commissioner Morris asked why the required fence wasn’t installed at the time of construction. Mr. Morrison said it was a matter of timing during the year. Escrow is being held for the vegetation and the fence. Commissioner Morris asked if the pond structure will remain and infill will be placed inside of the stone block. He said the report states it will return to its original state. Mr. Morrison said the retaining structure will remain and will be buried. The grade will be returned to its prior state. Mr. Person asked if the top end of the pipe is in the right-of-way. Mr. Morrison responded that it is about two feet off the curb and is in the right-of-way. He added that the development agreement which is recorded on the property holds the City harmless for any liability. Chair Johnston-Madison opened the public hearing. Thomas Knapper, 2825 Nevada Avenue South, said he and his wife have been concerned about the property from the beginning. After trees were cut down debris often spilled onto his property. Debris was not removed. Stumps were not cleaned up for six months. Their councilperson said it would be cleaned up. That did not happen. Enforcement and compliance seemed to be a problem with the developer. Mr. Knapper asked the developer to install a snow fence to prevent more debris from spilling onto his property. After prodding, a fence was installed, but installed incorrectly. Mr. Knapper said he just learned that the developer did not apply for an environmental permit. Miscellaneous complaints were made to the Building Inspections Dept. Items were supposed to be fixed. Mr. Knapper said the applicant has demonstrated a history of non-compliance. Construction trucks often ran late into the evening. Mr. Knapper said this fall he was concerned when the house was put up for sale. There was no fence installed around the pond. Even without water, the pond area is an attractive nuisance for children. The fence had been mentioned as a concern at the original neighborhood meeting and at the Planning Commission public hearing. After this winter’s thaw the pond was filled with 1 – 1 ½ feet of water. He commented that this winter was a dry winter. He distributed photographs of the pond filled with ice and water. He commented that there is leakage in the pond walls which makes him think the wall structure will fail. He said he is concerned about follow-through and the quality of future work. He is not confident that the developer’s proposal will work. He said he thought he heard the pump running once. Mr. Knapper asked how deep the pond area will be after it is filled. Mr. Morrison said there shouldn’t be any depth. He said there will be a little bit of a natural swale, but it should be at the previous grade. St. Louis Park City Council Meeting Item: 041607 - 4h - Planning Commission Minutes March 21, 2007 Page 4 Mr. Knapper asked how the property was sold without the work being completed. Mr. Morrison said the conditions of a CUP are not tied to the sale of a home. The developer received a Temporary Certificate of Occupancy. Betty Johnson has lived at 2820 Nevada Avenue South since 1974. She said ever since the house at 2821 Nevada was built there have been problems with her driveway being blocked. Large trucks have parked on the street. Litter has been left on the curb. Vehicles have been parked on the curb. Equipment has been running until 11 p.m. Vans have been parked on the street for 9 days straight without being moved. Ms. Johnson said the driveway at 2821 Nevada is not across from her driveway, but rather across from her house. She is concerned about drainage causing icy conditions for neighbors trying to get out of their driveways onto Nevada. She is concerned about debris on the property such as pipes, boards, and wood. She said she wonders how the City could let the house go on the market for sale. She said she doesn’t want to experience the vehicle problems again this summer. She asked how vehicles delivering fill material would access the pond area. Mr. Morrison said conveyors which will run along the side of the house will be used for fill material. In regards to water discharge, he said the water will discharge directly onto the driveway itself, not the street. It should stay in the gutter, not the street. As no one else wishing to speak was present, Chair Johnston-Madison closed the public hearing. Commissioner Person said he’s concerned that the existing system may not work. He’s concerned that the proposed system may not work. Commissioner Morris said he agreed. He said a hydrological engineering report regarding capacity was needed before the Commission could make a decision. He said he believes the City “got sold a bill of goods” on this development. He said the request deserves much more professional scrutiny as to the viability of the proposal. Chair Johnston-Madison said she was disappointed that the applicant was not present to address concerns. She is concerned about the salability of the property. She is concerned about debris, construction related complaints, and follow-through. She asked staff for recommendations about going forward. Mr. Morrison said he recommends involving the Chief Building Official and City Engineer. Commissioner Robertson said filling in the pond is not a bad idea. He remarked that what was promised was a fence to be built around the pond to buffer it from neighbors. He said it appears that the applicant has been very disrespectful to the neighborhood. St. Louis Park City Council Meeting Item: 041607 - 4h - Planning Commission Minutes March 21, 2007 Page 5 Commissioner Robertson said the retaining wall is supposed to leak on the side. The pond is a place for water to collect, and in the best of conditions should infiltrate through the bottom and sides. The idea isn’t that all the water that gets in the pond is to be pumped out immediately. The goal is that the water should pump out if the water reaches a certain level. As the water collection spot, it should be able to infiltrate into the water table in time. The fence requirement has not been met. Commissioner Robertson said filling it in with a granular fill will probably work fine as long as the pump is hooked up. He added that the neighbors’ complaints should be addressed and they should have a number they can call for complaints. The owner should be fined for construction violations. Commissioner Robertson said he was not opposed to tabling the request to allow for engineering study. Commissioner Carper expressed concern about the proposal. He said granular fill will take up a great deal of volume that was available to the water. It may not have adequate capacity. He said he is more concerned about the hazard that has developed. He commented that the applicant has been very negligent in not putting up a fence. He said the applicant needs to be compelled to build a fence within three days. If not, they need to provide some kind of a step exit out of the pond. Commissioner Morris commented on the sales flyer which states that the large hole in the backyard will be filled and sodded in the spring. He said the site is a current hazard and the City should act immediately on securing that hazard. Commissioner Robertson said he didn’t think a sale should be allowed until all issues are remedied. Ms. McMonigal said staff will meet with the applicant about all concerns raised. Commissioner Robertson moved to table the request until April 11th, at which time concerns can be addressed; including engineering study and fence installation. Commissioner Morris seconded the motion. The motion passed on a vote of 6-0. 4. Other Business A. Roelofs Remodeling Conditional Use Permit Case No. 07-04-CUP – 4065 Colorado Avenue South Ms. McMonigal stated that the applicant requested withdrawal of his request on March 12, 2007. She said the applicant did meet with the Chief Building Official after the last Planning Commission meeting regarding requirements. 5. Communications Ms. McMonigal reminded Commissioners about a parliamentary procedures presentation scheduled for April 30th. St. Louis Park City Council Meeting Item: 041607 - 4h - Planning Commission Minutes March 21, 2007 Page 6 6. Adjournment Commissioner Timian moved to adjourn the meeting at 6:55 p.m. Respectfully submitted, Nancy Sells Administrative Secretary St. Louis Park City Council Meeting Item: 041607 - 5a - Board & Commission Reappointment Page 1 5a. Reappointment of Citizen Representative to the St. Louis Park Housing Authority Recommended Action: Motion to reappoint Trinicia Hill as a citizen representative to the St. Louis Park Housing Authority for a term to expire June 30, 2012. BACKGROUND: Trinicia Hill was first appointed to the St. Louis Park Housing Authority on August 21, 2006 to fill a vacancy. Her term expires on June 30, 2007 and she has indicated a wish to be re- appointed to a new term. Ms. Hill has served the Housing Authority well and staff supports her request for reappointment. Terms for the Housing Authority are for five years; if reappointed, Ms. Hill’s term would expire on June 30, 2012. RECOMMENDATION: It is recommended that Council make a motion to reappoint Trinicia Hill as a citizen representative to the St. Louis Park Housing Authority for a new term to expire June 30, 2012. Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 1 6a. Public Hearing – First Reading of Ordinance Amendment to Chapter 3 of the St. Louis Park City Code Concerning Alcoholic Beverages Revisions to the City’s liquor license ordinance concerning Alcoholic Beverages and relating to administrative penalties, window signage limitations and distance restrictions. Recommended Action: Mayor to close the public hearing. Motion to adopt first reading of ordinance amendments to Chapter 3 Sections 3-57, 3-75, 3-78, 3-103 and 3-110 of the St. Louis Park Municipal Code concerning alcoholic beverages and set second reading for May 7, 2007. BACKGROUND: Based on the Study Session Meetings of May 8, 2006, July 17, 2006, February 5, 2007 and open house meetings held with liquor related establishments on January 11, 2007 and March 16, 2007, revisions are being proposed to the current liquor license ordinance. These revisions are related to administrative penalties, window signage limitations, distance restrictions, and other housekeeping revisions. Feedback received from license holders from the January 11 and March 16 meetings were mostly concerned with administrative penalties. Liquor licensees stated they preferred to have an increase in fines verses an increase of suspension days. They felt the 10 day suspension initially proposed would hurt customers and employees. Other concerns included establishing a time frame for violations to “drop off”, and the use of drivers license card readers being difficult for out of state licenses and hard to install in a restaurant setting. Based on this feedback and recommendations of the City Attorney, a new section was added for presumptive civil penalties and proof of age requirements. Any new liquor violations occurring after the effective date of proposed ordinance (June 1, 2007) will be considered as the first violation, and any prior liquor violations would not be included in the three year time period computation of violations. Housekeeping amendments include adding “place of worship” and “school” to definitions, and showing that wine licenses are only issued for On-Sale to be consistent with types shown for all other licenses. Additional clarification was requested by establishments regarding hours of operation and closing time requirements for restaurant/bars. St. Louis Park Ordinance Section 3-105 (b) refers to hours of operation and is being amended to clarify off-sale and on-sale hours. Off-sale liquor establishment hours are mandated by state law and cannot be open on Sundays, or before 8:00 a.m. or after 10:00 p.m. Monday through Saturday. Our current ordinance Section 3-105 (b) allows nonemployees on the premises from 15 minutes after the sale of intoxicating liquor is prohibited but does not state whether it is for all liquor license types. As recommended by the City Attorney, this sentence in section 3-105 is amended to read off-sale liquor licenses. On-sale hours mandated by state law are 8:00 a.m. – 2:00 a.m. Monday through Saturday and 10:00 a.m. – 2:00 a.m. Sundays. St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 2 Also, as a result of the process, the regulations for signage was amended to remove doors from the window area, and to prohibit the placement of signs on doors. This change was requested to provide a safe environment for employees and police officers by maintaining 100% visibility into the store in the vicinity of the doors. In response to the request by City Council to review distance of liquor establishments from a school or place of worship, amendments were made and approved by the City Attorney to require no initial license to sell intoxicating liquor may be issued within 300 feet of a school or place of worship. Based on feedback from liquor licensees and city attorney, staff has made appropriate amendments to the proposed ordinance. Based on previous Study Session Meetings, both the City Manager and City Council have been supportive of the proposed ordinance amendments. If approved, this ordinance would take effect on June 1, 2007. RECOMMENDATION: Staff recommends approval of first reading of ordinance amendments to Chapter 3 of the St. Louis Park Municipal Code concerning alcoholic beverages and relating to administrative penalties, window signage limitations and distance restrictions and setting second reading for May 7, 2007. Attachments: Proposed Ordinance Minutes Excerpts from May 8, 2006, July 17, 2006, and February 5, 2007 Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 3 ORDINANCE NO. ______-07 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE AMENDING CHAPTER 3 OF THE ST. LOUIS PARK CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS: Section 1. Section 3-32 of the St. Louis Park City Code is amended by adding the following definitions: Place of Worship means church, synagogue, temple, mosque, or other facility used for religious services. School means a building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations. Section 2. Section 3-57. (3) of the St. Louis Park City Code is amended to read: (3) On-sale Wine licenses. Wine licenses may be issued, with the approval of the commissioner, only to restaurants having facilities for seating at least 30 people at one time for the sale of wine not exceeding 14 percent alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. The holder of a wine license who is also licensed to sell 3.2 percent malt liquor on-sale, and whose gross receipts are at least 60 percent attributable to the sale of food, may also sell intoxicating malt liquor at on-sale without an additional license. A rabbi, priest or minister of a church or other established religious organization may import wine exclusively for sacramental purposes without a license. No license shall be required for the resale of wine by a rabbi, priest, minister or pastor of a duly organized religious organization to worshippers solely for the purpose of practicing religious rites in their homes. Section 3. Section 3-75 of the St. Louis Park City Code is amended to read: Sec. 3-75. Administrative penalty. Prior to expiration of the 20-day notice period as set forth in section 3-74, the licensee may stipulate to both the violation identified in the notice and an administrative penalty (revocation, suspension of up to 60 days and/or up to $2,000.00 civil fine) set agreed to by the city manager, in lieu of a hearing before the city council. The stipulation must be approved by the city council. If such stipulation is approved by the city council, the administrative penalty proposed by the stipulation must be completed within 30 days. If the city council does not approve the stipulation, the city council may impose penalties as provided in section 3-78, following a hearing as set forth in section 3-74. St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 4 Section 4. Chapter 3 of the St. Louis Park City Code is amended by adding Section 3-78 to provide: Sec. 3-78. Presumptive civil penalties. A. Purpose: The purpose of this Section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this Chapter. These penalties are presumed to be appropriate. The Council may deviate from the presumptive penalty where the Council finds that there exist substantial reasons making it appropriate to deviate, such as, but not limited to, a licensee’s efforts in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. B. Presumed penalties for Violations: The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive days’ suspension): Type of Violation 1st Violation 2nd Violation within 3 yrs 3rd Violation within 3 yrs 4th Violation within 3 yrs 1. Commission of a felony related to the licensed activity. Revocation N/A N/A N/A 2. Sale of alcoholic beverages while license is under suspension. Revocation N/A N/A N/A 3. Sale of alcoholic beverages to underage person: $2,000 $2,000 and 1 day $2,000 and 3 days Revocation 4. Sale of alcoholic beverages to obviously intoxicated person. 3 days 6 days 18 days Revocation 5. After hours sale of alcoholic beverages. 3 days 6 days 18 days Revocation 6. After hours display or consumption of alcoholic beverages. 2 days 4 days 12 days Revocation 7. Refusal to allow government inspectors or Police admission to inspect premises. 5 days 15 days Revocation N/A 8. Illegal gambling on premises. 3 days 6 days 18 days Revocation 9. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages. 2 days 4 days 12 days Revocation 10. Sale of intoxicating liquor where only license for 3.2 percent malt liquor 3 days 6 days 18 days Revocation St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 5 The penalty for violations without a presumptive penalty shall be determined by the City Council. C. Multiple Violations: At a licensee’s first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council’s discretion. D. Subsequent Violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance before the Council. E. Subsequent Appearances: Upon a second, third, or fourth appearance before the Council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. F. Computation of Violations: Multiple violations are computed by checking the time period of the three (3) years immediately prior to the date of the most current violation. G. Other Penalties: Nothing in this Section shall restrict or limit the authority of the Council to suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter. H. In addition to civil penalties, every licensee that has been found in violation of this Chapter must enter into and complete a training program approved by the City’s Police Department. Section 5. Section 3-103 of the St. Louis Park City Code is amended by adding the following paragraph: (c) Proof of Age. No liquor licensee shall sell or allow consumption of alcoholic beverages without first obtaining proof of age. Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver’s license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 6 (2) a valid military identification card issued by the United States Department of Defense; (3) a valid passport issued by the United States; or (4) in the case of a foreign national, by a valid passport. Section 6. Section 3-105 of the St. Louis Park City Code is amended to read: (b) An off-sale liquor licensee shall not allow nonemployees on the business premises from 15 minutes after the sale of intoxicating liquor is prohibited until such sale is again permitted except as otherwise provided in this subsection. On-sale intoxicating liquor licensees and on-sale 3.2 percent malt liquor licensees may permit nonemployees on the premises during its normal hours of operation when the sale of intoxicating and 3.2 percent malt liquor is prohibited, provided that there is no sale, consumption or display of intoxicating or 3.2 percent malt liquor during the hours in which the sale or consumption of liquor is prohibited. , and provided that the licensee has closed off all access to the bar area in a manner approved by the city. Section 7. Section 3-110 of the St. Louis Park City Code is amended by adding the following paragraphs: (d) Interior and exterior bars, grills, mesh or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or more than ten percent of any individual window or contiguous window area. (e) The total area of signs in windows shall not exceed 50% of the total area of windows fronting a street. Signs shall not be displayed on doors, and doors shall not be included in the window area for purposes of determining the 50% maximum coverage. (f) No initial license to sell intoxicating liquor may be issued within 300 feet of a school or place of worship as measured from the property line of the site to receive the proposed license to property line of the school or place of worship. St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 7 Section 8 This ordinance shall take effect fifteen days after its publication. First Reading April 16, 2007 Second Reading May 7, 2007 Date of Publication May 17, 2007 Date Ordinance takes effect June 1, 2007 Reviewed for Administration: Adopted by the City Council May 7, 2007 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 8 Excerpts from Study Session Minutes May 8, 2006 2. Off-Sale Liquor Licenses City Clerk Nancy Stroth presented a staff report. Ms. Stroth said two representatives from Napa Jacks are present. Ms. Stroth asked Council what their concerns are regarding off-sale liquor licensing. Councilmember Carver said he doesn’t perceive a problem but he is not specifically in favor of a blanket number of liquor stores. Councilmember Omodt was concerned whether the police can effectively continue to enforce. Councilmember Finkelstein said off-sale stores have gone from 9 to 14 within the last year. Councilmember Finkelstein said there is no limitation as to where the liquor stores are located. Like Councilmember Carver, Councilmember Sanger doesn’t want to limit the number of liquor stores unless she hears some police concern about it. She would like to know why more liquor stores want to locate in St. Louis Park. Mayor Jacobs said he would be concerned about overtaxing the police department’s ability to enforce and the city clerk’s department to enforce the periodic background checks and the continuing licensing. Councilmember Paprocki thinks it is an appearance issue. Councilmember Paprocki said St. Louis Park currently has enough liquor stores to service St. Louis Park residents. He said appearance is reality and St. Louis Park has enough liquor stores. Besides appearance, Councilmember Basill’s concern is as the number of liquor stores increase, the more desperate they are to sell. Mayor Jacobs said he doesn’t think St. Louis Park should limit the number of liquor stores, however, have staff look at increasing fines for violations. Mr. Harmening said the police department has not been able to point to or suggest a nexus between the number of liquor licenses and crime and disorder for off-sale liquor sales. Like Councilmembers Basill and Paprocki, Councilmember Finkelstein thinks it is an appearance issue and the number of new off-sale establishments is too big of an increase for one year. Councilmember Sanger would like to know if it is possible to criminally charge the owner and not just the server. Management Assistant Marcia Honold said staff can return with best practices information. Mr. Harmening said he is not hearing agreement on limiting the number of liquor stores, not hearing distance requirements but he does hear requests to require mandatory training, look at penalties for violation and perhaps make those more stringent, he hears aesthetics and the need for best practices. Councilmember Basill said image and liquor store names do matter. Councilmember Omodt would like to consider proximity to schools. St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 9 Excerpts from Study Session Minutes July 17, 2006 1. Off-Sale Liquor Licenses Staff has returned to Council with information regarding the sale of liquor and staff recommendations. Councilmember Omodt favors the staff recommendation on signage. Councilmember Finkelstein said the Council may need to revisit limiting the number of liquor stores. Councilmember Carver favors a $2000 fine for the first offense of selling to a minor and begin suspensions the second time. Councilmember Omodt agrees with Councilmember Carver. City Clerk Nancy Stroth said, currently, there is nothing in the City ordinance regarding a timeframe for violations. City Manager Tom Harmening said staff is suggesting, for the sale of beverages to minors, a fine for the first offense and then suspension for all offenses thereafter within a three-year period, and a three-day suspension, i.e., for the liquor portion of an establishment. Police Lieutenant Chad Kraayenbrink said liquor store owners are offered alcohol compliance training from the City for their employees. Councilmember Sanger asked if a liquor establishment is cited for noncompliance, may the City require mandatory alcohol compliance training or that the liquor establishment furnish certification from a private vendor. Mr. Harmening thinks that would be a possibility. Councilmember Sanger asked if compliance checks could be done more than one a year. Management Assistant Marcia Honold responded yes. Ms. Honold said Police Chief Luse indicated to her that he would like to increase the frequency of the checks based on failure rates. In regard to the sale of liquor to a minor, Lieutenant Kraayenbrink said the criminal offense goes to the person who served the alcohol and the civil penalty to the establishment. Councilmember Basill said bars on windows were not covered in the staff report. There is no reason for bars on windows. Councilmember Basill wants to limit the number of liquor stores in St. Louis Park. Assistant Zoning Administrator Gary Morrison said he is not aware of anything that prohibits bars on windows. Mr. Harmening said staff will try to fit that in for Council’s adoption. Councilmember Carver asked if the City could adopt an ordinance to require buyers to provide identification. Councilmember Paprocki suggested getting owners more concerned. Council and staff discussed verifying identification electronically. Mayor Jacobs asked what the public policy for the passage of tonight’s suggestions would be. Mr. Harmening said staff will have conversations with liquor store owners and get their feedback. Mr. Harmening summarized: There is a consensus to limit signage of exterior windows, avoid negative aesthetic and appearance issues to not allow bars on windows; there is no consensus to limit the number of liquor establishments; there is some interest in adopting some minimal distance between liquor establishments and sensitive uses such as schools and churches, but not for existing establishments; there is a consensus to increase penalties and impose a timeline of three years; in regard to compliance checks, after one violation mandatory training will be required; and staff will check about requiring showing identification. Councilmember Finkelstein may want to take the signage issue to the Business Council for their input. St. Louis Park City Council Meeting Item: 041607 - 6a - Public Hearing 1st Reading Alcoholic Beverages Page 10 Excerpts from Study Session Minutes February 5, 2007 4. Ordinance Amendment – Liquor Ordinance City Manager Tom Harmening presented the staff report. Councilmember Paprocki asked if the liquor license establishments are notified before compliance checks are done. Police Lieutenant Lori Dreier responded liquor license establishments are notified a few months before the compliance check. Discussion took place regarding criminal penalties and the limit of $2,000 penalty fee for selling to a minor allowed by the State. Councilmember Basill stated he favored revising the proposed penalty schedule suspension of 10 and 15 days because he felt is was too strict and was concerned about other employees loss of salaries. Councilmember Finkelstein also stated that a 10 day suspension was too strict. Mayor Jacobs stated because St. Louis Park is devoted to improving the lives of youth and is one of America’s 100 Best Communities for Young People, no one should sell alcohol to minors. Councilmember Paprocki stated the ordinance should include language regarding the City deciding what days will be suspended with a 2nd and 3rd violation penalty. Discussion took place regarding off-sale and on-sale and it was the consensus of the Council that requirements should be the same for all types of licenses. Councilmember Paprocki stated concern about the amendment of exterior metal burglar bars on windows and doors being prohibited and would like to see language added that interior bars will not be visible from the outside. Assistant Zoning Administrator Gary Morrison described other types of window covering including shades, security curtains, and mesh chain link. Councilmember Basill stated “bars on windows” was a cheaper way to provide security and investing in a security system would be more costly but better for neighboring tenants. He stated upkeep of the establishments was important along with being aesthetically pleasing. It was the consensus of the Council to lower the suspension days for 2nd and 3rd violations; and add language to Section 3-110 (d) that prohibits interior and exterior bars, including roll-downs, on windows; (f) adding “private school” in addition to public school regarding distance requirement. St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 1 8a. Proposed Sale of General Obligation Utility Revenue Bonds This report requests that the City Council adopt a resolution calling for the sale of General Obligation (G.O.) Utility Revenue Bonds pursuant the utility rate study and capital improvement program. Recommended Action: Motion to adopt Resolution Providing for the Sale of $3,665,000 G.O. Utility Revenue Bonds, Series 2007A. BACKGROUND: These general obligation utility revenue bonds need to be issued to provide funds for the capital improvements as shown on the attached project list. This bond issue is expected to be paid back through utility user charges. The City Council reviewed a rate study in 2006 which recommended an increase in user fees in order to maintain an aggressive construction schedule for utility infrastructure. The analysis included issuing bonds with a 15-year term in order to finance the construction costs. This bond issue is in conformance with those studies and is consistent with the 2007-2011 Capital Improvement Plan. Mark Ruff from Ehlers & Associates will be present to discuss the bond sale process with the City Council on Monday evening. The attached memo and proposed schedule represent their estimate of the potential interest rates. The actual rates and dollar amount of the sale will vary depending on the interest from bidders on the sale date. Attachments: Presale Report from Ehlers & Associates 2007-2008 GO Utility Revenue Bond Project List Resolution Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 2 St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 3 St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 4 St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 5 RESOLUTION NO. 07-052 RESOLUTION PROVIDING FOR THE SALE OF $3,665,000 G.O. UTILITY REVENUE BONDS, SERIES 2007A Councilmember Sanger introduced the following resolution and moved its adoption: WHEREAS, the City Council of the City of St. Louis Park , Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $3,665,000 G.O. Utility Revenue Bonds, Series 2007BA(the "Bonds"), to finance water and storm sewer improvements in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW THEREFORE BE IT RESOLVED, by the City Council of St. Louis Park, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:30 p.m. on May 7, 2007, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Omodt and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Jacobs, Sanger, Basill, Paprocki,Omodt and Finkelstein and the following voted against the same: none. Reviewed for Administration: Adopted by the City Council April 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 1 8a. Proposed Sale of General Obligation Utility Revenue Bonds This report requests that the City Council adopt a resolution calling for the sale of General Obligation (G.O.) Utility Revenue Bonds pursuant the utility rate study and capital improvement program. Recommended Action: Motion to adopt Resolution Providing for the Sale of $3,665,000 G.O. Utility Revenue Bonds, Series 2007A. BACKGROUND: These general obligation utility revenue bonds need to be issued to provide funds for the capital improvements as shown on the attached project list. This bond issue is expected to be paid back through utility user charges. The City Council reviewed a rate study in 2006 which recommended an increase in user fees in order to maintain an aggressive construction schedule for utility infrastructure. The analysis included issuing bonds with a 15-year term in order to finance the construction costs. This bond issue is in conformance with those studies and is consistent with the 2007-2011 Capital Improvement Plan. Mark Ruff from Ehlers & Associates will be present to discuss the bond sale process with the City Council on Monday evening. The attached memo and proposed schedule represent their estimate of the potential interest rates. The actual rates and dollar amount of the sale will vary depending on the interest from bidders on the sale date. Attachments: Presale Report from Ehlers & Associates 2007-2008 GO Utility Revenue Bond Project List Resolution Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 2 St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 3 St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 4 St. Louis Park City Council Meeting Item: 041607 - 8a - Call for Sale - $3,665,000 GO Utility Revenue Bonds Page 5 RESOLUTION NO. 07-052 RESOLUTION PROVIDING FOR THE SALE OF $3,665,000 G.O. UTILITY REVENUE BONDS, SERIES 2007A Councilmember Sanger introduced the following resolution and moved its adoption: WHEREAS, the City Council of the City of St. Louis Park , Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $3,665,000 G.O. Utility Revenue Bonds, Series 2007BA(the "Bonds"), to finance water and storm sewer improvements in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW THEREFORE BE IT RESOLVED, by the City Council of St. Louis Park, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:30 p.m. on May 7, 2007, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Omodt and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Jacobs, Sanger, Basill, Paprocki,Omodt and Finkelstein and the following voted against the same: none. Reviewed for Administration: Adopted by the City Council April 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 041607 - 8b - Storm Sewer Project (City Hall Parking Lot) 2007-2500 Page 1 8b. Project Report: Storm Sewer Project - City Hall Parking Lot – Project No. 2007-2500. This report considers the Storm Sewer Project to correct flooding problems in the City Hall lower parking lot. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 2007-2500, approving plans and specifications, and authorizing advertisement for bids. BACKGROUND: The City Hall lower parking lot drains into a storm sewer system that connects to a storm sewer trunk line in Raleigh Avenue. The trunk line then conveys the storm water to an outlet at Bass Lake east of Beltline Boulevard. During large rain events, the lower parking lot is subject to flooding especially in front of the Police Department at the base of the hill where the driveway from Raleigh Avenue joins the parking area. During large rain events, access to and from the lower parking lot can be restricted due to the flooding and it is possible for cars parked in the flood area to sustain water damage. ANALYSIS: Flooding in the lower parking occurs because the storm sewer system reaches its capacity and starts backing up. The main trunk line in Raleigh Avenue receives storm water from all of City Hall property. This includes the roof drains from City Hall and the Police Department, the Police Parking lot, both the upper and lower parking lots, and the rain water that discharges from the Menora Plaza roof drain on the east end of the lower parking lot. In addition to the storm water runoff from City Hall, the trunk line also receives runoff from part of Minnetonka Boulevard and nearly all the property at the Fern Hill Place Condos just west of City Hall. All of these properties together create a large impervious area where rain water can quickly runoff into the storm water system and charge the main trunk line full of storm water. As the main trunk line fills to capacity, it backs up and begins discharging out of the lowest inlet point which is located in the southwest corner of the lower parking lot next to the Police Station. This is where the flooding problem occurs worst. To correct the flooding problem, the engineering staff has designed a modification to the City Hall storm water system. The modification essentially takes a portion of the system which drains the upper parking lot plus the east portion of the lower parking lot, and diverts it off from the rest of the system (see attached Exhibit A). The runoff which enters this new split system on the east portion of City Hall will then be conveyed in a new underground storm sewer line which will run south between the Police Station and tennis courts, then turn west/southwest around the south end of the Police Station and run across the far north end of the youth soccer field in Carpenter Park, reconnecting with main trunk line in Raleigh Avenue. The new storm line in Carpenter Park will have drain inlets to provide improved drainage within the park, but more importantly, the new inlets will allow for a new overflow point in the entire system as it backs up. So during large rain events when the main trunk line in Raleigh Avenue reaches its capacity, it will now back up and temporarily flood Carpenter Park instead of backing up in the lower parking lot. The new line will also provide some additional underground storage. St. Louis Park City Council Meeting Item: 041607 - 8b - Storm Sewer Project (City Hall Parking Lot) 2007-2500 Page 2 Impact on Carpenter Park: The Engineering Staff met with the Park and Recreation Staff to consider what impacts to the park the new storm sewer system may have. The temporary flooding of the park area, which will be mostly confined to the north end of the soccer field, will not cause any long term delayed in use of the field. After a flood event, the water will quickly recede back into the new storm system after the heavy rains end. The drain inlets have been placed in low areas to improve the drainage in the park. Impacts during construction of the new storm line will be minimized by scheduling the work after the Spring/Summer soccer leagues have finished their season. Construction work will likely begin in early August. The work is anticipated to take about three weeks. The construction work will have no impacts on either baseball field. The actually work in the park will impact a 25 foot wide strip along the new pipe alignment. Any disturbed grass area or existing infrastructure will be restored after the pipe installation. COSTS AND FUNDING: The estimated construction cost for the new storm water drainage system is $147,800. The CIP Budget for this work has reserved $150,000 in Bond Funds. PROJECT TIMELINE: Should the City Council approve the Project Report, it is anticipated that the following schedule could be met: • Approval of Plans/Authorization to Bid by City Council April 16, 2007 • Advertise for bids Early May • Bid Opening May 22, 2007 • Bid Tab Report to City Council; Award contract June 4, 2007 • Construction Late July/Early August Attachments: Resolution Project Map Exhibit A – (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: 041607 - 8b - Storm Sewer Project (City Hall Parking Lot) 2007-2500 Page 3 RESOLUTION NO. 07-050 RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2007-2500, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2007-2500 WHEREAS, the City Council of the City of St. Louis Park has received a report related to the Storm Sewer Project at City Hall. 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. 2007-2500 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. 2007-2500, 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. Reviewed for Administration: Adopted by the City Council April 16, 2007 City Manager Mayor Attest: City Clerk