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HomeMy WebLinkAbout2007/05/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 7, 2007 7:30 p.m. 6:45 p.m. STUDY SESSION, WESTWOOD ROOM 7:30 p.m. CITY COUNCIL MEETING, COUNCIL CHAMBERS 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Caring Youth Day Proclamation 2b. Life Time Fitness Certificate of Appreciation 2c. File of Life Day Proclamation 3. Approval of Minutes 3a. City Council Minutes of April 9, 2007 3b. Study Session Minutes of April 9, 2007 3c. City Council Minutes of April 16, 2007 3d. Study Session Minutes of April 16, 2007 3e. Study Session Minutes of April 23, 2007 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 – None. 6. Public Hearings 6a. Request for Vacation of a Portion of a Drainage and Utility Easement for 2535, 2545 Huntington Ave. and 2540 France Ave. Case No.: 07-17-VAC Recommended Action: Close the public hearing. Motion to approve the first reading of an ordinance vacating a Drainage and Utility Easement. 6b. Request for Vacation of a Portion of a Drainage and Utility Easement for 4131 Webster Avenue. Case No.: 07-14-VAC Recommended Action: Close the public hearing. Motion to approve the first reading of an ordinance vacating a Drainage and Utility Easement. 7. Requests, Petitions, and Commissions from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Accept Bids for General Obligation Utility Revenue Bonds This report requests that the City Council adopt a resolution accepting the sale of water and storm water revenue bonds from the lowest responsible bidder. Recommended Action: Motion to approve resolution awarding the sale of $3,665,000 General Obligation Utility Revenue Bonds, Series 2007A. 8b. Project Report: Minnetonka Boulevard Trail Construction, Project No. 2004- 0302 This report considers the construction of a new trail along the south side of Minnetonka Boulevard between Highway 169 and Aquila Avenue. The new trail will link to the Hutchinson Spur Regional Trail. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 2004-0302, approving plans and specifications, and authorizing advertisement for bids. 8c. Public Safety Communications Van This report requests that the City Council authorize staff to proceed with the purchase of a Public Safety Communications Van to be used jointly with the City of Golden Valley. Recommended Action: Motion to designate LDV, Inc as the lowest responsible bidder based upon Federal General Services Administration (GSA) contract pricing for the purchase of one (1) Public Safety Communications van and to authorize execution of a purchase agreement with LDV, Inc. resulting in an amount not to exceed $310,000 including after-market technology. Motion to approve the agreement between the cities of Golden Valley and St. Louis Park for the shared purchase, operation and maintenance of the Public Safety Communications Van and authorize the Mayor and City Manager to sign this agreement. 8d. ParkWiFi Wireless Internet Service Project This report is designed to provide an update to Council with a review of ParkWiFi pole design options. This information is a follow-up based on Council direction at its April 16 study session and report on April 23. Recommended Action: Motion to approve the attached Change Orders to cover costs to stop ParkWiFi project work, investigate design options to make more use of existing infrastructure and make network poles more aesthetically pleasing to residents, project re-start costs, and painted and modified pole costs for Options 3a and 3b identified in staff report. 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 May 7, 2007 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Council member or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to approve Second Reading of an Ordinance Amending Chapter 3 of the St. Louis Park City Code concerning Alcoholic Beverages and relating to administrative penalties, window signage limitations, distance restrictions; and approving the ordinance summary and authorizing publication. 4b. Motion to approve Resolution approving relocation of Polling Locations for Precincts 3 and 4 located in Ward 1. 4c. Motion to Adopt Resolution Authorizing Award of the 2007 St. Louis Park Arts and Culture Grants. 4d. Motion to approve ownership transfer of current liquor license for Leeann Chin, Inc., DBA Chin’s Asia Fresh at 8332 Highway 7, Suite 333. 4e. Motion to approve 2007 Neighborhood Grants. 4f. Bid Tabulation: Motion to designate G.F. Jedlicki, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $817,414.75 for Drainage Improvement Project – Dakota Park Area Drainage Improvements, City Project No. 2003-1300. 4g. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,792,999.55 for the 2007 Local Street Improvement Project– City Project No. 2006-1000, 2006-1100, and 2007-1400. 4h. Motion to accept for filing Fire Civil Service Commission Minutes February 5, 2007 4i. Motion to accept for filing Vendor Claims. St. Louis Park City Council Meeting Item: 050707 - 2a - Caring Youth Day Page 1 PROCLAMATION CARING YOUTH DAY WHEREAS, St. Louis Park will be hosting it’s 18th annual community wide celebration to recognize young people for their caring spirit and concern for others; and WHEREAS, Caring Youth Day was the creation of Westwood Lutheran Church and Roland and Doris Larson and is now planned by representatives of several community organizations; and WHEREAS, to date 331 youth have been honored through St. Louis Park’s Caring Youth Recognition; and WHEREAS, these young people are important assets to our community who inspire all of us through their altruistic actions; and WHEREAS, 16 additional young people who have involved themselves unselfishly in a cause or situation that benefits others will be recognized on May 8, 2007; NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park do hereby proclaim May 8, 2007, to be Caring Youth Day in St. Louis Park and call upon all citizens in our Community to join in the salute of these special young people. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 7th day of May, 2007. _______________________________ Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 2b - Lifetime Fitness Certificate of Appreciation Page 1 Certificate of Appreciation In recognition of our sincere appreciation, the St. Louis Park City Council is pleased to present Life Time Fitness with this certificate of appreciation in honor of their dedication of their lifesaving efforts on March 6, 2007. The quick action of the Staff, the commitment to training, and having the lifesaving equipment available, clearly shows their dedication not only to improving the health of the community, but extending the lives of the people in it. Presented on this 7th day of May, 2007 on behalf of the City Council of the City of St. Louis Park. _______________________________ Jeffrey W. Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 2c - File of Life Proclamation Page 1 PROCLAMATION File of Life Day June 12, 2007 WHEREAS, the File of Life program provides citizens with a means to disclose vital personal data such as medical conditions, medication information and emergency contacts via a highly visible red magnetic folder which is placed on the outside of their refrigerator, and WHEREAS, File of Life benefits our first responders by providing faster help for citizens in emergencies and provides an instant medical history of the patient, which enables corrective treatment to begin at once, and WHEREAS, File of Life benefits paramedics and hospital emergency staff by providing vital medical data immediately, and WHEREAS, File of Life benefits individuals by providing potentially life- saving information to those responding to their emergency and assurance that proper persons will be notified quickly, and NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park wish to proclaim June 12, 2007 as File of Life Day and call upon all citizens and civic organizations to acquaint themselves with and promote the use of the File of Life program in the City of St. Louis Park. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 7th day of May, 2007. ______________________________________ Jeffrey W. Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 3a - Council Meeting Minutes 040907 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA APRIL 9, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, and Loran Paprocki. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knetsch), Community Development Director (Mr. Locke), Assistant Planner (Mr. Fulton), Planning & Zoning Supervisor (Ms. McMonigal), Asst. Zoning Administrator (Gary Morrison), Engineering Project Manager (Mr. Olson), City Clerk (Ms. Stroth) and Recording Secretary (Ms. Schmidt). 2. Presentations - None 3. Approval of Minutes 3a. City Council Meeting Minutes of March 19, 2007 It was noted on page 8, Item 8e, fourth paragraph should state Steve “Rusk”, and that the “painted white” bar is a help. The minutes were approved as amended. 3b. Study Session Minutes of March 26, 2007 It was noted on page 2, Item 2, second paragraph, second sentence should state: “…their intent is that “the green median” could be used for community functions and suggested the corners be articulated with outdoor seating.” It was noted on Page 3, Item 2, sixth paragraph, second sentence should state: “She considers the parking ramp a barrier and doesn’t want billboards on the ramp, she stated they are contrary to the ordinance”, and third sentence should end: “.…..to compensate for 26 years of debt or “compliance with” policy requirements.” The minutes were approved as amended. St. Louis Park City Council Meeting Item: 050707 - 3a - Council Meeting Minutes 040907 Page 2 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to adopt the Second Reading of Ordinance No. 2327-07 vacating a portion of a drainage and utility easement at 4515 West 42nd Street, approve summary and authorize publication. Case No. 07-10-VAC. 4b. Motion to appoint a Citizen Advisory Committee for the Active Community Planning Initiative. 4c. Motion to adopt Resolution No. 07-045 accepting report, establishing and ordering Capital Improvement Project No. 2008-1800, approving specifications, and authorizing advertisement for bids to modernize the City Hall elevator system. 4d. Motion to adopt Resolution No. 07-046 authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, & Wolfe Parkway adjacent to the Excelsior & Grand development. 4e. Bid Tabulation: Motion to designate Standard Sidewalk, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $62,561.55 for Alley Improvement Project – 2900 Block Raleigh Avenue/Salem Avenue, City Project No. 2007-2900. 4f. Motion to adopt Resolution No. 07-047 accepting the Project Report, establishing and ordering Improvement Project No. 2006-2200 and Project No. 2007-2200, approving plans and specifications, and authorizing advertisements for bids. 4g. Motion to approve Amendment No. 1 to Contract 129-06 which provides additional engineering consulting services for the Highway 7 / Wooddale Avenue Interchange project, Project No. 2004-1700. 4h. Motion to adopt Resolution No. 07-048 authorizing final payment of $90,858.43 to Hardrives, Inc. (50-06) for street improvements (2005-1000). 4i. Motion to adopt Resolution No. 07-049 authorizing final payment of $35,578.81 to Hardrives, Inc. (83-06) for street improvements (2005-1100). 4j. Motion to approve Amendment No. 2 to Contract 98-04 providing additional professional services related to Excelsior Boulevard Street Improvement Project, Project No. 2004-0400. 4k. Motion to authorize execution of a contract with Environmental Wood Supply, L.L.C. for the management of the City transfer site (Boneyard). 4l. Motion to accept for filing Parks and Recreation Advisory Commission Minutes of January 31, 2007. 4m. Motion to accept for filing Planning Commission Minutes of February 28, 2007. 4n. Motion to accept for filing Planning Commission Minutes of March 7, 2007. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions – None St. Louis Park City Council Meeting Item: 050707 - 3a - Council Meeting Minutes 040907 Page 3 6. Public Hearings 6a. Request by NordicWare (Northland Aluminum) for a Public Hearing to Vacate Drainage and Utility Easements, Streets and Alleys. Mr. Fulton presented the staff report. Mayor Jacobs opened the public hearing at 7:40 p.m. Mr. Dalquist, President NordicWare made himself available if Council had any questions. Mayor Jacobs closed the public hearing at 7:43 p.m. Councilmember Basill asked staff if the park and trail connection was included or if it would need to be re-addressed at a later date. Mr. Fulton stated it’s under consideration. Councilmember Basill asked if the park right-of-way language needed to be clarified. Mr. Fulton stated the easement cannot be dedicated, but there is willingness by NordicWare to give the City the easement. Councilmember Omodt complemented Mr. Dalquist on his willingness to work with staff. Councilmember Sanger asked if the LRT Trail would connect to park and the frontage road. Mr. Fulton stated staff has explored the possibilities and they have found three complications: 1) the truck traffic 2) when MnDOT expanded Highway 100, they took some of right-a-way 3) NordicWare does not own all the parcels involved. Councilmember Sanger suggested some form of a connection to get through. Mr. Fulton stated the connection would have to take place on the frontage road. Councilmember Finkelstein asked if this was the proposed Bundt Park location and Mr. Fulton stated it is the proposed site and staff is currently working on it. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt the first reading of an Ordinance Vacating Utility and Drainage Easements, Streets and Alleys. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public – None. 8. Resolutions, Ordinances, Motions 8a. Request by NordicWare (Northland Aluminum) for a Preliminary and Final Plat. Resolution No. 07-042 It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 07-042, approving the Preliminary and Final Plat of Dalquist Industrial Park 2nd Addition. The motion passed 6-0. St. Louis Park City Council Meeting Item: 050707 - 3a - Council Meeting Minutes 040907 Page 4 8b. Project Report: Dakota Avenue Reconstruction and 38th Street Rehabilitation, 2007 Municipal State Aide Street Projects – Project No. 2006- 1101 and 2006-1102. Resolution No. 07-043 Mr. Olson presented the staff report. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 07-043, accepting this report, establishing and ordering Improvement Project No. 2006-1101 and 2006-1102, approving plans and specifications, and authorizing advertisement for bids. The motion passed 6-0. 8c. Final Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the West End Development. Resolution No. 07-044 Ms. McMonigal presented the staff report and introduced Jessica Laabs of Kimley-Horne and Carla Stueve of SRF Consulting. Jessica Laabs, Kimley Horne, gave a presentation of the five scenarios. There were three issues brought up in the AUAR: Water Use, Waste Water and Traffic. The water use and waste water mitigation set forth would be haveing the developer follow state requirements for a low flow plumbing fixtures and water use will be monitored through the three phases.structure and water use will be monitored through the three phases. If, as a result of monitoring, the expected use exceeds 90% peak capacity, the City and developer would cooperate to identify citywide and project specific measures to increase capacity and/or reduce consumption. She also noted that the Metropolitan Council is currently studying capacity upgrades to the interceptor for improvement in 2010. Ms. Laabs stated there was a 30 day AUAR comment period in which comments were received from the Metropolitan Council, MnDOT, MPCA, City of Golden Valley, Todd Shipman of South Tyrol Hills and Amy Altman of Sunset Ridge Condominiums. The responses to their comments were included in the final AUAR. Carla Stueve, SRF Consulting Group, presented a traffic analysis with four redevelopment scenarios. The least intensive scenario, scenario 3, shows would have 4 out of 10 intersections operating at an unacceptable level of service without no recommended improvements. The highest intensive scenario, scenario 2, would showbe 7 out of 10 intersections would operatinge at an unacceptable level of service without no recommended improvements. It was determined that 3 out of 4 proposed scenarios could with work with the recommendations provided in the AUAR. Scenario 2II, the most intensive, could work with 90% of the traffic intensity. The recommended improvements needed would be turn lanes, modification of the signal timing and phasing, widening of I394 ramps and an additional three lanes on Park Place Blvd. With these improvements all intersections would operate at an acceptable level of service. She also recommended a traffic management program be implemented. St. Louis Park City Council Meeting Item: 050707 - 3a - Council Meeting Minutes 040907 Page 5 Councilmember Sanger stated she is concerned that the Cedar Lake Road traffic congestion has still not been addressed and asked staff if at a later date a more refined traffic study on Cedar Lake Road would be included, to which Mr. Locke nodded yes. Councilmember Finkelstein stated approval of this AUAR does not confer any land use approval or zoning and does not constitute approval of the plan that is currently proposed by Duke or their request for tax increment financing. Mayor Jacobs stated this is not a commitment, it is just receipt of the document. It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt Resolution No. 07-044, for the West End Final Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the Duke Realty property located in the southwest corner of Highways 394 and 100. The motion passed 6-0. 8d. Second Reading of an Ordinance Amending the Landscaping Regulations of the Zoning and Subdivision Ordinances, approve summary and authorize publication and Second Reading of an Ordinance Amending Section 36-361, Off-street parking, paved areas and loading areas, approve summary and authorize publication. Ordinance No.’s 2325-07 and 2326-07 Mr. Morrison and Mr. Fulton presented the staff report. Councilmember Finkelstein stated concern with developers changing from the current standard to a one bedroom and a den. Ms. McMonigal stated staff looked at several apartment and condo units and found that it has been a mix and balanced itself out. Councilmember Sanger stated the parking issue has still not been covered and was not in support of this approach. She suggested setting a higher parking standard and put the burden on the developer to show why the number of parking spaces should be lowered. Ms. McMonigal stated that the City would require more parking and it would adjust itself to what is truly needed. Councilmember Sanger stated it may work better from what the existing ordinance is, but felt there is more work to be done. Councilmember Sanger asked if the intent of the landscaping change was to still require trees on properties to the extent that it’s practical to put the trees on that parcel. Mr. Fulton stated it is the intent. Councilmember Basill thought it would be welcomed by all. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to adopt Ordinance No. 2325-07, for the Second Reading of an Ordinance Amending the Landscaping Regulations of the Zoning and Subdivision Ordinances. The motion passed 6-0. Councilmember Finkelstein stated he is still concerned about the one bedroom/den issue. Ms. McMonigal stated that they address it again at a later date. Councilmember Omodt agreed that it is changeable. Councilmember Basill stated that Council would have to watch the development. St. Louis Park City Council Meeting Item: 050707 - 3a - Council Meeting Minutes 040907 Page 6 St. Louis Park City Council Meeting Item: 050707 - 3a - Council Meeting Minutes 040907 Page 7 It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to adopt Ordinance No. 2326-07, for the Second Reading of an Ordinance Amending Section 36- 361, Off-street parking, paved areas and loading areas, approve summary and authorize publication. The motion passed 5-1 (Councilmember Sanger opposed). 9. Communications Mayor Jacobs indicated the Lennox Community Center is hosting a spaghetti dinner on Friday, April 20th from 4:30 to 7:00 p.m. The Westwood Nature Center will be celebrating the annual Arbor Day Celebration on Saturday, April 21st from 10:00 to noon. The St. Louis Park home remodeling tour will be Sunday, April 29, from 12:00 to 4:00 p.m. The meeting adjourned at 8:41 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 3b - Study Session Minutes 040907 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION APRIL 9, 2007 The meeting convened at 6:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Loran Paprocki. Councilmembers absent: J. Paul Carver Staff present: City Manager (Mr. Harmening), Police Lieutenant (Lt. Dreier), Community Liaison (Ms. Olson), HRC Commission Co-Chair (Ms. Shelley Taylor), 2006 HRC Chair (Mr. Ahmed Maaraba), HRC Commissioner (Mr. Mohamed Abdi), City Clerk (Ms. Stroth) and Recording Secretary (Ms. Schmidt). 1. Future Study Session Agenda Planning Mr. Harmening and Council discussed study session agenda planning. 2. Human Rights Commission Annual Report, Work Plan and Bylaws Lt. Dreier introduced Commission members Shelly Taylor, Co-Chair of HRC; Marney Olson, Community Liaison; Mr. Ahmed Maaraba, 2006 HRC Chair and Mr. Mohamed Abdi, HRC Commissioner. Mr. Maaraba presented the HRC report, which included the work plan, annual report, and bylaws of the Human Rights Commission (HRC), with the amendments requested by Council at the February 5, 2007 meeting. Mayor Jacobs suggested incorporating interviews with students telling their stories and posting them on the cable network. Ms. Olson stated that on April 17th the Commission will be having a joint meeting with the Community Education Advisory Committee focusing on education and possibly planning some diversity events in the schools. Ms. Taylor suggested an International Film Series at the Lennox Community Theatre might draw multiple groups. Mayor Jacobs suggested putting it in the community paper and Councilmember Sanger suggested advertising it in Community Education Bulletin. Mayor Jeff asked how the HRC would promote this so diversity group attendance could be achieved. Ms. Taylor suggested advertising it as a free event. Councilmember Finkelstein stated it is important that people listen and not just talk, so the Community understands that people are listening. Mayor Jacobs wished to include a Spanish forum and Ms. Taylor stated it’s on their list. Councilmember Paprocki suggested the HRC reach out at the school level and connect with the parents. Mayor Jacobs wanted to make sure that the parents feel connected and welcome in St. Louis Park. St. Louis Park City Council Meeting Item: 050707 - 3b - Study Session Minutes 040907 Page 2 Councilmember Sanger suggested resurrecting the Mixed Blood Theater. Ms. Taylor stated they would review what has been done in the past. Councilmember Omodt complimented the Commission on their work and inquired if they were involved in the anti-Semitism at the school. Ms. Dreier stated the school liaison dealt with it, a bias crime report was filled out, and the school is working with the Jewish Community Relations Council (JCRC) on the educational piece. Councilmember Paprocki asked if there are Muslim Holidays that are not being recognized. Mr. Maaraba stated the bylaws were written to the City’s specifications. Mr. Abdi, HRC Commissioner, stated there are only two holidays. Councilmember Finkelstein would like more respect acknowledged with the different traditions. Mr. Harmening asked if with the recently adopted Strategic Direction, did the HRC examine the Diversity section of the Vision St. Louis Park in developing goals and recommendations to the City Council, or if they would be able to incorporate them into the plan. Ms. Olson stated that the HRC would need to review the recommendations the Diversity Task Force came up with. Mr. Harmening advised the Commission to review them and provide Council with feedback. Ms. Olson stated this would be addressed in the future. Council thanked the HRC for their report. The meeting adjourned at 7:14 p.m. Written Reports provided and documented for recording purposes only: 3. Utility Revenue Bonds ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 3c - Council Meeting Minutes 041607 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA APRIL 23, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger and Loran Paprocki. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Asst. Zoning Administrator (Mr. Anderson), Engineering Project Manager (Mr. Olson), Housing Supervisor (Ms. Schnitker), Finance Director (Mr. DeJong), Police Lieutenant (Lt. Dreier), City Clerk (Ms. Stroth) and Recording Secretary (Ms. Schmidt). 2. Presentations – None 2a. Woman’s Club of St. Louis Park Day Mayor Jacobs read and presented a proclamation for The Woman’s Club of St. Louis Park Day on May 1, 2007. The Woman’s Club was founded in 1947 and has provided the City with 60th years of service. He also thanked the Club for all they have done and all they continue to do for the community. 3b. NPDES Storm Water Annual Meeting Mr. Anderson presented the annual National Pollution Discharge Elimination System (NPDES) storm water report regarding stormwater practices in the city. Mayor Jacobs commended staff for their hard work. 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. 4a. Moved to agenda item 8c. 4b. Motion to adopt the second reading of Ordinance No. 2328-07 Vacating Drainage and Utility Easements, Streets and Alleys at the NordicWare site, approve summary and authorize publication. St. Louis Park City Council Meeting Item: 050707 - 3c - Council Meeting Minutes 041607 Page 2 4c. Motion to adopt Resolution No. 07-051 authorizing the Submittal of a Grant Proposal for the 2007 Non-motorized Transportation Pilot Program – Xenia Avenue/Park Place Boulevard Corridor Study. 4d. Motion to approve Amended and Restated License Agreement with Fern Hill Place, LLC. 4e. Motion to approve Human Rights Commission Bylaws. 4f. Motion to approve revised Parks & Recreation Advisory Commission Bylaws. 4g. Motion to accept for filing Housing Authority Minutes March 14, 2007. 4h. Motion to accept for filing Planning Commission Minutes March 21, 2007. 4i. Motion to accept for filing Vendor Claims. Councilmember Omodt requested that item 4a be removed for the regular agenda. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to approve the Agenda and items listed on the Consent Calendar with the addition to removing item 4a to the regular agenda. The motion passed 6-0. 5. Boards and Commissions 5a. Reappoint of Citizen Representative to the St. Louis Park Housing Authority. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to appoint Trinicia Hill as a citizen representative to the St. Louis Park Housing Authority for a term to expire June 30, 2012. The motion passed 6-0. Mayor Jacobs thanked all the board and commission members for their time and work. 6. Public Hearings 6a. First Reading of the Ordinance Amendment to Chapter 3 of the St. Louis Park City Code Concerning Alcoholic Beverages. Ms. Stroth presented the staff report. Mayor Jacobs opened the public hearing at 8:50 p.m. Jim Burton, Jennings Liquor Store, asked about clarification regarding hours of operation and allowing non employees on the premises 15 minutes after the sale of intoxicating liquor is prohibited. Ms. Stroth stated the amendment was to show this was applicable for off-sale licenses only. Mayor Jacobs closed the public hearing 8:52 p.m. St. Louis Park City Council Meeting Item: 050707 - 3c - Council Meeting Minutes 041607 Page 3 Councilmember Sanger asked if a suspension is issued, would it be business days or calendar days. She would like it to state consecutive “business” days. She also asked if Council has the ability to deviate up or down on the presumptive penalty. Mr. Scott stated they could deviate either way. Councilmember Sanger would like it clarified. Mr. Scott stated they could bring it back for a second reading. Councilmember Basill wanted to thank staff for the revisions and work done. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to approve First Reading of the Ordinance Amendment to Chapter 3 of the St. Louis Park City Code concerning alcoholic beverages with amendments requested, and to set second reading for May 7, 2007. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussions Items 8a. Proposed Sale of General Obligation (G.O.) Utility Revenue Bonds Resolution No. 07-052 Mr. DeJong presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt. Resolution No. 07-052, providing for the sale of $3,665,000 G.O. Utility Revenue Bonds, Series 2007A. The motion passed 6-0. 8b. Project Report: Storm Sewer Project – City Hall Parking Lot – Project No. 2007-2500. Resolution No. 07-050 Mr. Olson presented the staff report. Councilmember Finkelstein asked what the impact on Carpenter Park would be and how long it would take to recede. Mr. Olson stated it should recede within a few hours. Councilmember Finkelstein stated it was his understanding the park wouldn’t be out of commission for days and Mr. Olson stated that was correct. Councilmember Omodt asked if staff talked with the Little League. Mr. Olson stated that staff had been in contact with them and it should have no impact on the ball fields. He also stated the actual construction work shouldn’t affect their play. Councilmember Omodt stated he is still concerned about the regional tournament parking. Mr. Olson stated they anticipated taking no more than three stalls for three or four days. Councilmember Basill asked if the soccer field would be useable. Mr. Olson stated that they anticipate the flooding in soccer field and there would be an opportunity to readjust fields where the floodwater wouldn’t reach. St. Louis Park City Council Meeting Item: 050707 - 3c - Council Meeting Minutes 041607 Page 4 It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 07-050, establishing and ordering Improvement Project No. 2007-2500, approving plans and specifications, and authorizing advertisement for bids. The motion passed 6-0 8c. Agreement between the City and Senior Community Services to provide Funding for Dial-a-Ride Program. Councilmember Omodt asked to remove this item to a study session with a concern of the $20,000 cost. Councilmember Sanger stated she has heard quite a bit of demand for the program. Mayor Jacobs stated he has also been approached and liked the fact that more than the one city would be included. Ms. Schnitker stated 15 cities would be included. Councilmember Sanger stated she has a concern with the services ending at 4:00 p.m. Ms. Schnitker stated they are starting out at 8:00 a.m. to 4:00 p.m. but are hoping to have evening and weekend hours available in the future. Mayor Jacobs stated it’s his understanding it is for appointments, rather than work. Ms. Schnitker stated during the evening hours, people are more likely to get rides from friends and relatives. Councilmember Paprocki calculated the cost per day to be approximately $27.47. He also has concerns with the hours of operation. He liked the fact that staff will be assessing the program at six months. Councilmember Finkelstein stated that 2 of the 3 current programs do not provide rides for people who have significantly impaired mobility. He felt it would fill the hole in the coverage area. He would be willing to bring it to a study session if needed. Ms. Schnitker stated it could be brought back any time. Councilmember Basill agreed the hours needed to be looked at. Mr. Harmening stated if Council approved, it would run through the end of the year. Ms. Schnitker stated it’s a 6-month contract and would be re-assessed before 2008. Councilmember Basill asked if it really needed to be brought back for a study session. Councilmember Omodt stated he would like more analysis done and inquired about the communication plan. He asked who would ultimately be responsible for funding the program. Ms. Schnitker stated they received some initial funding for start up costs, but it would be dependent on contributions and revenues from the riders. Mayor Jacob reminded Council its 6-month contract, it’s not a permanent commitment. Ms. Whited, Transportation Coordinator, Senior Community Services, stated there will be three buses (Champlin, Golden Valley and Edina) with later hours being based on the city’s demand. The funding they received applies toward the purchase of the three buses only. She gave an example of the cost of ride with $13 being the average cost of a ride, $5 rider fee and $8 applicable to the City subsidy. St. Louis Park City Council Meeting Item: 050707 - 3c - Council Meeting Minutes 041607 Page 5 Councilmember Finkelstein suggested in reality, the price paid could be far less than $10,000. Ms. Schnitker stated it could either be pro-rated or a 6-month contract. Ms. Whited stated they would not be locked in. She stated they have been in contact with STEP and Deikel Transportation and anticipate coordinating with them in periods of high ridership. Councilmember Sanger asked how the information would be rolled out to the community. Mayor Jacobs suggested announcing it at Lennox. Ms. Whited stated some of the areas of publication are in the smaller newspapers, City Halls, Senior Federation, Senior Forum and the DHSH conference. She is open to suggestions for its promotion. Councilmember Paprocki asked if the report would have a month-by-month breakdown. Ms. Whited stated they would create a report to Council’s preference, stating it would be prepared the 10th of each month. She also stated Sunday church service could be provided if Council requested. Councilmember Omodt stated he received the answers to his questions, but still has some concerns on the costs involved. Mayor Jacobs stated they’re legitimate concerns, but is not sure what a further review would solve. Councilmember Finkelstein stated for the amount of assistance it would provide citizens, it may be worth taking it out of another fund if needed. Councilmember Basill agreed and liked the short term of the contract. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve the agreement between the City and Senior Community Services to provide Funding for Dial-a-Ride Program. Councilmember Sanger stated it needed to be tried to see if it will work. Mayor Jacobs thanked Councilmember Omodt for bringing up his concerns in advance, so they were able to have Ms. Whited available. The motion passed 6-0 9. Communications Mayor Jacobs reminded everyone of the spaghetti dinner on Friday, April 20th from 4:30 p.m. to 7:00 p.m. and the Arbor Day Celebration on Saturday, April 21st at the Westwood Nature Center. He also stated the Park and Rec Department will be sponsoring a Fun Run and 5K Run on May 6th. Councilmember Finkelstein reminded everyone The League of Women Voters will be having their annual meeting at Santorini’s on Saturday the 21st from 10:30 a.m. to 12:30 p.m. St. Louis Park City Council Meeting Item: 050707 - 3c - Council Meeting Minutes 041607 Page 6 10. Adjournment The meeting adjourned at 8:35 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 3d - Study Session Minutes 041607 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION APRIL 16, 2007 The meeting convened at 8:43 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Loran Paprocki, C. Paul Carver via phone. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), Park and Recreation Director (Ms. Walsh), Director of Community Development (Mr. Locke) and Recording Secretary (Ms. Schmidt). Guests: Margaret Rog, Friends of the Arts; Heather Simonett, 36th Avenue Art Committee, Frank Dunbar, Dunbar Development. 1. 36th Street Public Art Project Ms. Walsh presented a report with three possible artists. She stated artist Randy Walker proposed artwork for 36th and Wooddale, with the size request in mind. Mr. Walker proposed the “Walker’s Dream Elevator.” The idea is to create a geometric weaving within a steel frame cylinder with natural and artificial light that changes. It would be designed as a walkthrough with seats and be lit at different times. He would like to include text around the outside, perhaps using the City’s vision. Councilmember Finkelstein asked if the setback was to scale. Mr. Locke stated it’s close. He also stated to keep in mind they are selecting the artist, not necessarily the art. Councilmember Finkelstein asked about the placement. Ms. Walsh stated in the plaza area, stating the Committee really liked the color and fact it was airy. Ms. Rog stated a key feature was the lighting. Councilmember Finkelstein asked if the snow would affect it and if it was a participatory sculpture. Ms. Walsh stated that it’s something they have to work on and yes, it’s participatory. Ms. Rog stated Mr. Walker spent a considerable amount of time looking into the dream and visioning process. Mayor Jacobs asked if a set of vision inscriptions could be put on the inside. Ms. Walsh stated Mr. Walker is open to ideas. Councilmember Finkelstein stated he would like to see people get off the LRT stop and look at it. Mr. Locke stated it would be the kind of thing you would bring out of town guests to look at. Ms. Simonett stated it was very innovative and could be a central gathering place. Councilmember Finkelstein asked how much it would cost. Ms. Walsh stated $68,000 and that he was given a budget between $50,000 to $70,000, but he would need to determine if it was feasible. Councilmember Finkelstein asked if he had done this before. Ms. Walsh stated yes. Councilmember Sanger asked how close the piece would be to the condos on Wooddale. Mr. Locke stated he was unsure. Ms. Walsh gave a background on the Blue Heron piece. She stated it is designed to be in the plaza off the pond. The idea was that it could be seen from both Hwy 100 and 36th Street. Mr. Dunbar showed Council a site plan of the pond along Hwy 100. Mr. Dunbar is concerned with it being overpowering and the effects it would have to sell the townhomes. Councilmember Basill asked Mr. Dunbar about the marketability of the units and if there would be any shadowing issues. Mr. Dunbar stated that as the pond got built the park got tight in size and there are marketability concerns. Mr. Locke suggested the artist and Mr. Dunbar meet to discuss it. Ms. Walsh stated reminded everyone it is only in the design development phase. St. Louis Park City Council Meeting Item: 050707 - 3d - Study Session Minutes 041607 Page 2 Councilmember Finkelstein asked what the distance is and if he is concerned with the amount of space the feature would be using. Mr. Dunbar stated its 25 yards and that he has concern with the size and image. Councilmember Paprocki agreed it is very big and suggested a different subject. Councilmember Sanger stated she liked that the concept of it being seen from the highway. Mayor Jacobs stated he thought it was worth the money and it would enhance the property, adding it would be a good use of the small space. Councilmember Finkelstein stated it reminded him of a classy English garden and hoped it would meet the model. Councilmember Omodt asked about the placement. Mr. Dunbar stated the pond is currently being built and it is planned to have a 10-foot water fluctuation factor with a floating fountain. Councilmember Basill suggested the artist and architect meet with Mr. Dunbar’s architect. Mayor Jacobs asked what was requested of Council. Ms. Walsh stated the feedback has given them direction. It was the consensus of the Council to move forward. Ms. Walsh stated they also had a similar process for the streetscape art and had three artists propose scenarios. She stated they have chosen a local artist who proposed unique people “figure” benches, ballards and planter boxes with a people theme in mind. The artist took into account the change from industrial, commercial, to people and it would be illustrated in the art designs. Ms. Simonett stated the artwork creates intrigue, leaving you guessing what will be next on the street. Councilmember Basill liked the whimsicalness of it. Council thanked them for their work. 2. WiFi Update Mr. Harmening recapped WiFi and called Paul Carver to include him in the discussion. He stated they received a proposal for a solar powered system and were excited with its inexpensive price, stating they wouldn’t have to pay for pole use or power from Xcel; however, the visual perspective was not taken into account. When staff was staking out locations, they received several comments from residents stating the poles were intrusive and the placement of large panels. It was decided to halt the project for more direction and options. Mr. Pires explained the practical realities of trying to locate 400 radios and receivers from both a coverage and power prospective. He stated from a coverage prospective, the radios would need to be spread out in a way to provide coverage. The complicating factor is the solar power aspect requires sunlight to power the battery. In an attempt to find the sites that cover both perspectives, you’re restricted. He stated to minimize the costs, the City would need to minimize the amount of radios used. He stated deviation from this plan could potentially be a less efficient solution, but should be considered. It could mean more radios and coverage issues in comparison to the ideal scenario. Mr. Pires stated that because of the feedback received, it was decided to step back and find more options to mitigate the visual impact. Mr. Pires stated some options could be a different pole color, pole height, raise it up and/or locating at intersections. Councilmember Sanger stated she received feedback from residents who didn’t like it their line of site. She stated she was asked if the poles could be placed in their backyards, alleyways, utility easements or corners of intersections. People didn’t want them in their landscaping. Mr. Pires stated some options would be along alleys, use more intersection locations, other public land, co-locating signs, other buildings and structures, use of City owned street lights or higher poles, noting a higher pole would give greater access to the sun. St. Louis Park City Council Meeting Item: 050707 - 3d - Study Session Minutes 041607 Page 3 Mayor Jacobs asked how much it would cost and how long the delay would be. Mr. Pires stated it would be about a six-week delay with the assumption this is workable. Councilmember Sanger stated residents were concerned the project wasn’t discussed with the Community and thought the residents should be given the opportunity to provide feedback. She stated the residents are still very supportive of WiFi. Mr. Pires played out some scenarios on price. The best estimate at this time on the $3.3 million dollar project, may be $200,000 in increased cost adjustments. There is a contingency of $300,000 that could absorb some of it, allowing it to be kept the price in range. Councilmember Paprocki asked if there would be any change in operating cost with increased height. Mr. Pires stated he didn’t see any at this point. Mr. Harmening stated if the City has more receivers electrified, there would be more operating cost, but at this point it’s hard to predict. Mr. Pires stated it’s a moving target, one affects another. Mr. Pires stated they have talked with Xcel about allowing use of some of their poles. Mr. Pires stated they are looking into what type of box could be used on the poles. The Xcel poles would be a great location for wireless coverage but they are a bad idea for solar absorption. Mr. Pires asked Council for liberty to look into options. Councilmember Finkelstein asked if it would be difficult locating solar because of the tree issue. Mr. Pires stated they are limited on location. Mr. Pires stated the goal is to stay under the tree canopy, yet make the signal strong enough. Councilmember Finkelstein asked if the city would still be able to meet the proposed 98% coverage. Mr. Pires stated that is the goal, but it would depend on the redesign. Mayor Jacobs asked about possibly having an easement to put it on houses. Mr. Pires stated it’s possible if people were open to that, but an access agreement and possibly a permanent easement would be needed. Councilmember Paprocki stated at some point cable is going to cost the same as WiFi and suggested the peak revenue generating time is now, the delay will be a loss of revenue. Councilmember Sanger agreed on the urgency, but thought taking the time now would allow a faster rollout process. She also stated that by being one of the first communities in the nation to use solar power, they would be looked upon more closely. Mayor Jacobs stated he would rather have the public support and do a time out. Mr. Pires stated they need to find criteria that would work and the location placement without stopping every phase. Councilmember Carver stated he is hesitant to have six weeks worth of delay, also stating they should not sacrifice the quality of system for some of these issues. He agreed that the longer the delay, the worse position the City is in. Councilmember Carver also stated he doesn’t feel some of these changes should cost $200,000. Mayor Jacobs agreed with his comments. Mayor Jacobs stated the purpose is to make sure the Community has WiFi. Councilmember Finkelstein agreed with staff calling a halt and expanding the toolkit, but would also like it done quickly. Council stated they are comfortable with the direction staff is going. Mayor Jacobs asked Mr. Pires to get back to Council as soon as possible. Councilmember Basill asked if traditional telephone poles could be used. Mr. Pires stated they would add it to their options. The meeting adjourned at 9:55 p.m. _____________________________________ _____________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 3e - Study Session Minutes 042307 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION APRIL 23, 2007 The meeting convened at 6:37 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger and Loran Paprocki. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), Public Works Director (Mr. Rardin), Community Development Director (Mr. Locke), Community Coordinator (Mr. Zwilling), Planning & Zoning Supervisor (Ms. McMonigal), Economic Development Coordinator (Mr. Hunt), Senior Planner (Mr. Walther), Planning Commission Vice-Chair (Mr. Morris), Planning Commission Chair (Mr. Carper), Planning Commissioner (Mr. Robertson) and Recording Secretary (Ms. Schmidt). Guest: Pat Mascia, Duke Realty: Duke Realty Team 1. Future Study Session Agenda Planning Mr. Harmening and Council discussed study session agenda planning. Councilmember Omodt asked what Anderson Builders was requesting. Mr. Harmening stated they proposed a medical building on Walker Street. Councilmember Finkelstein asked when Council would have information from legislature about the local government aid. Mr. Harmening stated the House Tax Committee is still discussing this. Councilmember Finkelstein asked if, for the purpose of discussion on May 14th, the presumption is it will be the same. Mr. Harmening stated yes, unless something dramatic happens between now and then, assume no local government aid. Mayor Jacobs reminded Council it’s not free money. Councilmember Sanger asked when they would be having a tenant landlord session. Mr. Harmening stated May 29th. 4. Planning Commission 2006 Annual Report Ms. McMonigal presented the staff report. Mayor Jacobs asked when the Comprehensive Plan was due. Ms. McMonigal stated 2008. Chair Carper suggested adding more rest areas with benches. He also stated the transit areas are not pedestrian friendly. Mayor Jacobs agreed. St. Louis Park City Council Meeting Item: 050707 - 3e - Study Session Minutes 042307 Page 2 Chair Carper commended staff’s involvement with bringing things forward as an initiative and working with them. Councilmember Sanger stated she would like to see more ideas initiated by the Commission and would like to see more bike trails added. Commissioner Robertson stated their momentum got going with the housing summit getting excess land. Councilmember Finkelstein would like to see something happen with excess lots that have not sold, and possibly look at different methods of getting moderate and low-income owner occupied housing. Commissioner Robertson would also like to look at a way to increase square footage without increasing number of household density. Vice-Chair Morris stated he would like more connectivity. Mayor Jacobs stated it has been the direction the Community has wanted for years. Ms. McMonigal reminded Council and the Commission there would be a Community Workshop on May 17th. Council commended the Commission for their invaluable work. 2. Highway 100 Reconstruction (Full Build) Project Mr. Rardin presented an update report on the Highway 100 Project. He stated staff is recommending a traffic study and looking for direction from Council. Mr. Harmening asked if Mn/DOT was ready to move forward on the preliminary design and was waiting for the City’s lead on the underpass option. He asked if the City asked Mn/DOT to put the project on hold, would it just sit there. Mr. Rardin stated that Mn/DOT has this project on hold now pending City direction on the underpass and southbound Hwy 100 on-ramp locations. Mn/DOT’s schedule will depend upon City input and availability of state funding. Council had discussion on the reconstruction and underpass options. Councilmember Finkelstein wondered if they should have this discussion after the legislative session is complete. Council agreed and thought perhaps having some type of public involvement plan ready may be advantageous. 3. Duke Realty’s Concept Plan and Preliminary TIF Request Mr. Locke presented the staff report. He stated staff is looking for direction on how to proceed. Pat Mascia, Duke Realty, presented the updated site plan. He stated they have made the changes requested by Council and have looked at the aesthetics on the ramp along with the indoor and outdoor public places. He also stated they have expanded the atrium on both levels, added connections through the skyway, expanded the green space on West End boulevard and added a community room on the second level. Mr. Mascia stated they would be adding 20,000 – 30,000 square feet of office space on the second level, which would be connected by elevators and a central lobby. He showed the green spaces with visual corner identities and an outdoor seating space. He asked staff for suggestions St. Louis Park City Council Meeting Item: 050707 - 3e - Study Session Minutes 042307 Page 3 on determining the best use for the green areas, possibly providing a water fountain, which would require a slight road adjustment. He stated they have removed the signs from the parking ramp and would place the billboards on pylon or monument signs on the corners, stating they would at like to dress up the ramp. Mayor Jacobs asked staff what the next step would be. Mr. Locke recommended some type community planning process, stating it would be desirable to proceed with a two-prong (dual-track) approach. He stated it seems more work will need to be done on the retail, but the goals of the basic framework and office piece seem to be agreeable. He stated there are some market opportunities to pursue that would be beneficial for both the City and Duke. Mr. Locke suggested having staff work with Duke and develop a preliminary development agreement to lay the groundwork for an actual redevelopment contract. He stated staff would like to make some preliminary commitments to move forward in a timely manner. Mr. Locke asked how extensive the retail pieces would be, whether just tweaking or more dramatic. He stated they would need to get a market analysis done to make sure it will work and hold its value. He also stated the amount of TIF seems to be an issue, stating an ideal target would be below 20 years. Mayor Jacobs liked the idea of proceeding with two-step process and would like to get the office piece moving. He stated he would like to see more discussion on the retail piece, parking ramp, public plaza and the green space. He stated he liked the changes Duke has submitted. Councilmember Paprocki stated they have asked Duke to make changes and that he was still not satisfied. Councilmember Omodt stated he is conceptually comfortable with the two-prong approach, but would like some proof that the retail will not be volatile. Councilmember Sanger stated she appreciated the changes made by the developer, but doesn’t agree that all items were addressed. She stated concern with the 25 years of TIF and asked how the TIF would be structured to address the known and the unknown. She questioned if all should be retail or should a portion be office, suggesting City purchase a portion. She stated Golden Valley stated they had no interest in a joint powers agreement. Councilmember Finkelstein stated he agreed and would like to start the office building, but look at more options for the retail. He is concerned with the amount of TIF and would like to know the break down. Councilmember Basill agreed on the two-prong approach and would like to move forward. He complemented Duke on the changes made. St. Louis Park City Council Meeting Item: 050707 - 3e - Study Session Minutes 042307 Page 4 Mr. Harmening re-iterated that Council is interested in the dual-track process with everyone conceptually agreeable on the office site. He also stated the consensus is to continue to work with the west side design plan, but requested clarity if that meant fine-tuning and further evolving or starting over. Councilmember Finkelstein stated it also depends on the amount of money and where it would be spent. He stated that if the City puts in TIF, they become partners. He stated it was already stated Duke would likel y sell the retail, but the City would be involved for the length of the TIF. Councilmember Sanger stated she did not want to set it aside, but wanted to look at more alternatives. Councilmember Paprocki stated concern about the TIF and the term. He suggested focusing on the presented design so they could identify TIF a little more appropriately. Mr. Hunt stated they have received a list of eligible expenses. He stated once staff receives direction they would go through the due diligence process and look at the numbers. He asked if Council wanted to set it aside and look at alternative options or are they reasonably satisfied with the proposal to move forward and work with Ehlers and market analyst’s to make it work. Councilmember Sanger stated staff was asking Council to make a decision without all the information. Mr. Hunt stated Council needed to provide staff direction. Mr. Harmening stated it is not a signed agreement. He asked if Council was interested enough to continue working with developer in getting the office piece going and further evolve the western portion of the site, at least the ball would still be moving forward. He stated that by entering into a preliminary development agreement, they’re agreeing to work in good faith. Mr. Locke suggested drafting the preliminary development agreement, which would include the layout type of process to use, the retail piece, the time line, the due diligence type of things and the TIF. He suggested staff come back with the proposed process. Mayor Jacobs stated concern with the lack of true St. Louis Park public process. He suggested including a broader community base, perhaps getting the “wow” suggestion they are looking for. Councilmember Finkelstein stated Duke has stated they had other alternatives for the retail site, but Council hasn’t seen them. Council advised staff to proceed forward on the two-prong approach. The meeting adjourned at 8:32 p.m. Written Reports provided and documented for recording purposes only: 5. Relocation of Polling Locations for Ward 1, Precinct 3 & 4 6. Financial Report (March 2007) St. Louis Park City Council Meeting Item: 050707 - 3e - Study Session Minutes 042307 Page 5 7. Quarterly Investment Report (January-March 2007) 8. Wireless Update 9. Proposed Changes to Bassett Creek Water Management Commission CIP 10. Recreation Center – East Arena Light Replacement _____________________________________ _____________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 1 4a. Motion to approve Second Reading of an Ordinance Amending Chapter 3 of the St. Louis Park City Code concerning Alcoholic Beverages and relating to administrative penalties, window signage limitations, distance restrictions; and approving the ordinance summary and authorizing publication. BACKGROUND: At the meeting of April 16, 2007, Council approved the first reading of an ordinance amending Chapter 3 of the St. Louis Park City Code concerning alcoholic beverages. The ordinance and its summary are now being presented for second reading. Additional language was added in section Sec. 3-78 Presumptive Civil Penalties, as directed by Council from the April 16, 2007 Council meeting. The amended language states the Council may deviate either upward or downward 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. (Please note that Minnesota Statutes 340A.415 limits a civil penalty FEE of up to $2,000 for each violation.) Language was also amended to state that the presumed penalties for violations indicate consecutive business days’ suspension. Staff has made appropriate amendments to the proposed ordinance based on feedback from open house meetings held with liquor licensees, direction from Council at previous Study Session meetings, and direction from city attorney. If approved, this ordinance would take effect on June 1, 2007. RECOMMENDATION: Staff recommends adoption of the Second Reading of the Ordinance amendments to Chapter 3 of the St. Louis Park Municipal Code concerning alcoholic beverages and relating to administrative penalties, window signage limitations, distance restrictions, and other housekeeping revisions. Attachments: Proposed Ordinance Summary Ordinance for publication Excerpts from April 16, 2007 Council Meeting minutes Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 2 ORDINANCE NO. 2329-07 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: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 3 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 either upward or downward 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 business 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: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 4 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 as stated 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; (2) a valid military identification card issued by the United States Department of Defense; St. Louis Park City Council Meeting Item: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 5 (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 non-employees 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 non-employees 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 by state law , 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: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 6 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: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 7 SUMMARY ORDINANCE NO. 2329-07 AN ORDINANCE AMENDING CHAPTER 3 OF THE ST. LOUIS PARK ORDINANCE CODE CONCERNING LICENSING FOR THE SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES This ordinance relates to amendments to Chapter 3 of the St. Louis Park Municipal Code concerning alcoholic beverages and relating to administrative penalties, window signage limitations, distance restrictions, and other housekeeping revisions. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 7, 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: May 17, 2007 St. Louis Park City Council Meeting Item: 050707 - 4a - 2nd Reading Ordinance Amendment Alcoholic Beverages Page 8 Excerpts from April 16, 2007 City Council Meeting 6a. First Reading of Ordinance Amendment to Chapter 3 of the St. Louis Park City Code Concerning Alcoholic Beverages. Ms. Stroth presented the staff report. Mayor Jacobs opened the public hearing at 8:50 p.m. Jim Burton, Jennings Liquor Store, asked about clarification regarding hours of operation and allowing non employees on the premises 15 minutes after the sale of intoxicating liquor is prohibited. Ms. Stroth stated the amendment was to show this was applicable for off-sale licenses only. Mayor Jacobs closed the public hearing 8:52 p.m. Councilmember Sanger asked if a suspension is issued, would it be business days or calendar days. She would like it to state consecutive “business” days. She also asked if Council has the ability to deviate up or down on the presumptive penalty. Mr. Scott stated they could deviate either way. Councilmember Sanger would like it clarified. Mr. Scott stated they could bring it back for a second reading. Councilmember Basill wanted to thank staff for the revisions and work done. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to approve First Reading of the Ordinance Amendment to Chapter 3 of the St. Louis Park City Code concerning alcoholic beverages with amendments requested, and to set second reading for May 7, 2007. The motion passed 6-0. St. Louis Park City Council Meeting Item: 050707 - 4b - Relocation of Polling Locations Page 1 4b. Motion to approve Resolution approving relocation of Polling Locations for Precincts 3 and 4 located in Ward 1. BACKGROUND: The City was informed by Groves Academy, located at 3200 Hwy 100 and current polling place for Precinct 3 & 4, that they would no longer be interested in serving as a polling place due to disruption to the students. Criteria for evaluating polling locations established by Resolution No. 02-041 adopted April 15, 2002 states: • Polling places will be designated based on the ability of the poll to accommodate voters in terms of handicapped access, parking, space within the building. Larger numbers of voters will be assigned to those buildings able to accommodate larger numbers of voters. • Whenever possible, public buildings not affiliated with religious organizations should be utilized and are preferable to churches, synagogues, schools and community centers associated with religious organizations. MN Statute Section 204B.16 states voting locations must be located within the boundaries of a precinct or within 3,000 feet of a boundary, accessible to the handicapped, and of sufficient size to accommodate all election activities. Based on this criteria and statutory requirements, the following alternate polling locations have been evaluated and recommended: Precinct 3 – Peter Hobart School, 6500 W. 26th Street Peter Hobart is located just a few blocks outside the northwest corner boundary of Precinct 3, The Peter Hobart gym is used currently for Precinct 2 and will be large enough to accommodate two precincts, (similar to the Groves Academy gym previously used for two precincts.) Peter Hobart meets ADA accessibility requirements and parking needs. Precinct 4 – Central Community Center, 6300 Walker Street Central Community Center is located on the south side of the Precinct 4 boundary. This facility was previously used as a polling place. Since then, remodeling of additional gyms occurred and the gym location would also be near the front main entrance to the building. Central Community Center meets ADA accessibility requirements and parking needs. St. Louis Park City Council Meeting Item: 050707 - 4b - Relocation of Polling Locations Page 2 VOTER NOTIFICATION: Staff will use a variety of methods to ensure all registered voters in Precincts 3 and 4 are informed of the change in polling location. Information regarding the new polling locations for Precincts 3 and 4 will be published in the Park Perspective, city website, and Sun Sailor newspaper. In addition, all registered voters in Precinct 3 and Precinct 4 from Ward One will be notified of the change by a post card mailed from Hennepin County at least 25 days before the next election. A letter of appreciation will be sent to Groves Academy for their years of service along with a notice and map to post on Election Day stating the new precinct locations. Staff has been working closely with the school district to make sure that the transition happens as smoothly as possible. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 4b - Relocation of Polling Locations Page 3 RESOLUTION NO. 07-055 RESOLUTION APPROVING RELOCATION OF POLLING PLACES FOR PRECINCTS 3 AND PRECINCT 4 LOCATED IN WARD ONE WHEREAS, on April 15, 2002, the St. Louis Park City Council adopted Resolution No. 02-041, establishing precinct boundaries and polling places as a result of the 2000 U.S. Census data; and WHEREAS, the City was informed by Groves Academy located at 3200 Hwy 100, polling place for Precinct 3 & 4, that they would no longer be interested in serving as a polling place; and WHEREAS, MN Statute Section 204B.16 states voting locations must be located within the boundaries of a precinct or within 3,000 feet of a boundary, accessible to the handicapped, and of sufficient size to accommodate all election activities; and WHEREAS, alternate polling locations have been evaluated and recommended based on the criteria established by Resolution No. 02-041 and statutory requirements. NOW THEREFORE BE IT RESOLVED, that the St. Louis Park City Council hereby designates the following relocated polling places for Ward One, Precinct 3 and Precinct 4 for the 2007 Elections and all future elections: PRECINCT 3 - Peter Hobart School, 6500 W. 26th Street PRECINCT 4 - Central Community Center, 6300 Walker Street Reviewed for Administration: Adopted by the City Council May 7, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 050707 - 4c - St. Louis Park Arts & Culture Grants Page 1 4c. Motion to Adopt Resolution Authorizing Award of the 2007 St. Louis Park Arts and Culture Grants. BACKGROUND: The St. Louis Park Arts & Culture Grant program offered a total of $30,000 to fund art projects and cultural activities that build bridges between artists and communities, engage people in creative learning, and promote artistic production and cultural experiences in St. Louis Park. This program is funded through the city’s budget process ($20,000) and a $10,000 grant from the St. Louis Park Community Foundation. St. Louis Park Friends of the Arts provides technical assistance to the program and its recipients. The St. Louis Park Arts & Culture Grants review committee, comprised of the Community Foundation, Friends of the Arts, city staff, and community members, reviewed the applications and identified applicants whose proposals best met the objectives of the program and are compatible with the Council’s 18-month strategic direction on Vision for arts, culture and community aesthetics. The response to our solicitation was overwhelming: 25 applicants applied for funding and their total requests amounted to $143,812.88. It was a tough decision because of the high quality of the ideas and proposals submitted for consideration. Of the 25 applications received, the committee is pleased to recommend eight arts related projects for Council’s consideration, totaling $27,639. The committee is not making a recommendation for the remaining dollars ($2,361) at this time. The following is a short summary of each project: Bad Attitude Productions - $4,175 to produce “An Enemy of the People” by Henrik Ibsen. Chris McGahon, a St. Louis Park Resident, will be staged primarily with professional actors and will seek community members to assist with technical positions. For reduced tickets ($5), patrons can bring a canned food item or donation to benefit STEP. After the show, the actors will engage the audience in a discussion about the play and the production. This grant award is lower than originally proposed because of budget adjustments. Harmony Theatre Company and School - $3,278 to produce a play based on Janusz Korczak, Jewish pedagogue, writer and doctor, and his Warsaw ghetto orphanage during World War II. This holocaust production is intended to promote tolerance, bring to light Janusz Korczak and his pupils who lived in the Warsaw ghetto, create a multicultural experience and encourage pride in the Eastern-European immigrant community. Harmony, at the request of committee, agreed to reduce their ticket fees to make the play more affordable and moved their venue to the High School to reduce fees. Approximately 35-40 tickets will be made available to low-to-moderate income residents free of charge and the city will approach Harmony about having a community discussion with the audience following the play. This grant award was reduced because the applicants moved their venue to reduce costs for renting performance space. Homeward Bound, Inc. – $2,151 to build a mural in Webster House, which is home to individuals with disabilities and provides community gathering space. The mural will be on the north wall in the community gathering area and will be created by the residents of the home in concert with an artist, Mr. Micah Westby. St. Louis Park City Council Meeting Item: 050707 - 4c - St. Louis Park Arts & Culture Grants Page 2 St. Louis Park Community Education - $5,900 to fund scholarships for low-to-moderate income students to attend a fine arts academy during the summer. This afternoon offering is new and will provide students who are participating in remedial summer school in the morning an opportunity to participate in dance, acting, singing and visual arts in the afternoon. St. Louis Park Human Rights Commission – $1,000 to sponsor an international film series from June through December to draw diverse residents together to showcase diverse cultures and experience. Following the films, the Human Rights Commission will sponsor an audience forum to discuss the issues and movie. This award amount was reduced from the original request of $6,232.96 because the city will provide in-kind communication/marketing support to the film series. Denise Tennen - $5,950 to create a ceramic sculptural mural in the main entrance at Lenox Community Center. The sculpture will be created on-site using Lenox kilns, and will be created with the help of community members. Ms. Tennen estimates that between 100 and 200 community members will be involved in the creation of this permanent mural. Trolling for Olives Productions - $1,950 to produce a short film that will be filmed in St. Louis Park with the help of high school students and St. Louis Park film and television professionals. The film will be a creative commons movie, meaning that it will be in the public domain and is about a real-life event about a dog and a computer chip that is charming and funny. Once produced, the film will be shown at screenings in St. Louis Park and possibility at the Minneapolis Film Festival. Marilyn Turisch - $3,235 to publish a book and companion study guide for STEP about a young boy whose family goes through a financial hardship and must rely on the food shelf. The books (500 copies) and study guides (200 copies) will be available at STEP and local libraries. PROJECT TIMELINE & RECOMMENDATION: Should the City Council approve the review committee’s recommendations and the applicants agree to the terms set forth by the city, the eight applicants will sign grant contracts with staff and could begin work on their projects as early as May 8, 2007. Staff anticipates all projects, weather and space permitting, will be completed by January 31, 2008. The city will require that all applicants allow the city to film and document their projects and allow rebroadcast on our cable access channel. Attachment: Resolution Prepared by: Marcia Honold, Management Assistant Approved by: Nancy Gohman, Deputy City Manger/HR Director St. Louis Park City Council Meeting Item: 050707 - 4c - St. Louis Park Arts & Culture Grants Page 3 RESOLUTION NO. 07-056 MOTION TO AUTHORIZE AWARD OF ST. LOUIS PARK ARTS & CULTURE GRANTS TO BAD ATTITUDE PRODUCTIONS, HARMONY THEATRE COMPANY AND SCHOOL, HOMEWARD BOUND, INC., ST. LOUIS PARK COMMUNITY EDUCATION SUMMER SPARK PROGRAM, ST. LOUIS PARK HUMAN RIGHTS COMMISSION, DENISE TENNEN, TROLLING FOR OLIVES & MARILYN TURSICH WHEREAS, the City of St. Louis Park, the St. Louis Park Community Foundation and Friends of the Arts worked together to create and support a $30,000 grant program to fund art projects and cultural activities that build bridges between artists and communities, engage people in creative learning, and promote artistic production and cultural experiences in St. Louis Park; and WHEREAS, twenty-five applicants responded to the call for proposals and were evaluated by a committee comprised of representatives of the St. Louis Park Community Foundation, St. Louis Park Friends of the Arts and the city, and community members; and WHEREAS, the committee recommends the City Council fund eight (8) grant proposals for a total of $27,639: Bad Attitude Productions, Harmony Theatre Company & School, Homeward Bound, Inc., St. Louis Park Community Education Summer Spark, St. Louis Park Human Rights Commission, Denise Tennen, Trolling for Olives Productions, and Marilyn Turisch. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Louis Park, Minnesota, authorizes execution of grant agreements with the following organizations based on the review committee’s recommendations and the applicants’ proposals. 1. Bad Attitude Productions is awarded a maximum of $4,175. 2. Harmony Theatre Company & Schools is awarded a maximum of $3,278. 3. Homeward Bound, Inc. is awarded a maximum of $2,151. 4. St. Louis Park Community Education Summer Spark Program is awarded a maximum of $5,900. 5. St. Louis Park Human Rights Commission is awarded a maximum of $1,000. 6. Denise Tennen is awarded a maximum of $5,950 7. Trolling for Olives Productions is awarded a maximum of $1,950 8. Marilyn Turisch is awarded a maximum of $3,235. Reviewed for Administration: Adopted by the City Council May 7, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 050707 - 4d - Liquor License Ownership Transfer Leeann Chin Page 1 4d. Motion to approve ownership transfer of current liquor license for Leeann Chin, Inc., DBA Chin’s Asia Fresh at 8332 Highway 7, Suite 333. BACKGROUND: Lorne Allan Goldberg (70% ownership) and Mitchell Hospitality Investments (30 % ownership) have submitted an application to the city for new stock ownership of the Leeann Chin, Inc. DBA Chin’s Asia Fresh, located in Knollwood Mall at 8332 Highway 7, Suite 333. An existing Wine and 3.2 on-sale liquor license is currently in place for the premises, which was recently renewed and covers the license term of March 1, 2007 through March 1, 2008. The establishment name and manager remains the same. City Ordinance Section 3-68 (a) Applicant and premises - No license may be transferred to another person or another premises without the approval of the city council. City Ordinance Section 3-69 (b) states licenses issued to corporations shall be valid only as long as there is no change in the officers or ownership interest of the corporation, unless such change is approved by the city council. Minnesota Statutes 340A.412 Subd. 9 states that a license may be transferred with the consent of the issuing authority. Where a license is held by a corporation, a change in ownership of ten percent or more of the stock of the corporation must be reported in writing to the authority who issued the license within ten days of the transfer. The Police Department has run a full background investigation and has found no reason to deny the new ownership based on the investigation. RECOMMENDATION: Staff recommends approval of new ownership of the Wine and 3.2 on-sale liquor license for Leeann Chin, Inc. DBA Chin’s Asia Fresh, in Knollwood Mall at 8332 Highway 7, Suite 333. Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 1 4e. Motion to approve 2007 Neighborhood Grants. BACKGROUND: Each year, grant funding is made available to neighborhood associations to promote strong neighborhoods and enhance community connections by bringing neighbors together. The council recently adopted the following Strategic Direction “St. Louis Park is committed to being a connected and engaged community” with one of the focus areas being “Conducting research to determine what makes a neighborhood organization strong, viable and sustainable with an aim toward increasing and strengthening neighborhoods.” The current grants are generally in alignment with the Strategic Direction related to strong neighborhoods. Staff will be working with neighborhood leaders and members during the upcoming year on a more comprehensive understanding of council’s Strategic Directions from the Visioning process as they relate to neighborhoods. The City Council appropriated $30,000 in grant funds for the 2007 neighborhood grant program. Organized St. Louis Park neighborhood associations may each apply for up to $2000 annually to support activities, operations and other neighborhood improvements. Grant applications from 19 neighborhoods were received in March. On March 29th, a Grant Review Committee consisting of the Community Liaison and St. Louis Park residents met to review the grant applications and make funding recommendations to the City Council. RECOMMENDATION: The Grant Review Committee recommends approval of $26,507 to fund the following 19 neighborhood grants: $2000 Aquila $905 Lake Forest $1900 Birchwood $995 Minikahda Oaks $1930 Blackstone $1500 Minikahda Vista $655 Bronx Park $382 Minnehaha $1895 Brookside $2000 Oak Hill $2000 Browndale $1500 Sorensen $675 Cobblecrest $1470 Texa Tonka $1120 Creekside $1500 Triangle $1100 Elmwood $1980 Westwood Hills $1000 Kilmer Pond St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 2 Funding by Category in 2007: 53% Social activities, picnics, potlucks, hayrides, block parties etc. . . 12% Nature activities, earth day and clean up events, tree plantings, etc. . . 10% Newsletter expenses, design, postage, etc. . . 9% Operating expenses: meeting expenses, postage, volunteer insurance, etc . . . 8% National Night Out Events 8% Other activities: 3% Garage Sales, 3% Porta-Potty Rentals for parks, and 2% Welcome Baskets Attachments: Resolution Approving Funding for 2007 Grant 2007 Grant Committee Worksheet and Recommendations Prepared by: Marney Olson Reviewed by: John Luse, Chief of Police Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 3 RESOLUTION NO. 07-057 RESOLUTION APPROVING FUNDING FOR THE 2007 NEIGHBORHOOD REVITALIZATION GRANT PROGRAM AWARDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE GRANT AGREEMENTS WITH THE RECIPIENT NEIGHBORHOOD ASSOCIATIONS WHEREAS, the City Council appropriated $30,000 in grant funds for the 2007 Neighborhood Revitalization Grant Program for organized neighborhoods to promote and enhance community building and leadership activities; and WHEREAS, applications from nineteen neighborhood associations were received on or before March 19, 2007, that requested funds for neighborhood projects; and WHEREAS, the grant review committee comprised of neighborhood representatives reviewed the applications on March 29, 2007 and made funding recommendations to the City Council at the city council meeting on May 7, 2007; NOW THEREFORE, BE IT RESOLVED, that the City Council approves funding in the amount of $26,507 for the following 19 neighborhoods according to conditions to be set forth in grant agreements, and authorizes the City Manager to execute these grant agreements. $2000 Aquila $905 Lake Forest $1900 Birchwood $995 Minikahda Oaks $1930 Blackstone $1500 Minikahda Vista $655 Bronx Park $382 Minnehaha $1895 Brookside $2000 Oak Hill $2000 Browndale $1500 Sorensen $675 Cobblecrest $1470 Texa Tonka $1120 Creekside $1500 Triangle $1100 Elmwood $1980 Westwood Hills $1000 Kilmer Pond Reviewed for Administration: Adopted by the City Council May 7, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 4 Grant Committee Worksheet - 2007 Neighborhood Grant Requests Requests total $26,657. 2007 Grant Budget is $30,000. Recommend approval of $26,507 Requested Amounts Recommended changes $2,000 Aquila if applicable $500 Administrative $350 - postage Recommend full request $100 - volunteer insurance $50 - annual meeting $400 Trail Beautification - Hutchinson Spur Trail $400 Plant replacement along trail (35th & 36th St.) $500 Neighborhood Picnic $75 Garage Sale $125 Family Bike Event $1,900 Birchwood Recommend full request $550 Summer Picnic $450 Winter Party $600 Newsletter $300 Misc. Activities $200 movie night $50 - postage for new neighbor welcome $50 - miscellaneous expense $1,930 Blackstone Recommend full request $300 Porta-Potty at Blackstone Park $300 Liability Insurance $40 Weekend Volleyball/Frisbee $175 Summer Gathering $50 Weekend Ice Cream float Social $400 National Night Out $195 Pizza Night $140 Winter Gathering $110 Blackstone Park Flowers & Trees $220 Operating Support St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 5 $655 Bronx Park Recommend full request $325 Annual Neighborhood Picnic $150 Neighborhood Garage Sale $105 General Meeting Expenses $75 Children's Activities $1,895 Brookside Recommend full request $350 National Night Out $390 Welcome Bags $200 Parade/Picnic & Ice Cream Social @ Jackley $150 Beautify Jackley Park $350 Halloween Party $200 Winter Meeting $125 Garage Sale $85 Porta-Potty at Jackely Park (share w/ Creekside) $45 Volunteer Insurance $2,050 Browndale $2,000 $500 Newsletter $2000 is the maximum $600 Fall Event amount for each grant. $225 Earth Day Event $325 Summer BBQ and Kickball $200 Family Camp Out $75 Winterfest $125 Spring Egg Hunt $675 Cobblecrest Recommend full request $550 October Hayride $75 Community Garden Tilling $50 National Night Out Block Party St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 6 $1,120 Creekside Recommend full request $80 Annual Meeting & Operations $15 Spring Plant Sale/Exchange $525 Neighborhood Block Party $125 Adult Only Gathering $40 National Night Out $80 Porta Potty for Jackley Park $55 Neighborhood Flower Urn $15 Marsh/Golf Course Clean Up $35 Winter Event $150 Meadowbrook Blvd Beautification (w/ Park dept) $1,200 Elmwood $1,100 $275 Garage Sale Reduced garage sale $600 Halloween Party expense to $175 $325 Picnic $1,000 Kilmer Pond Recommend full request $260 Spring Fling $450 Halloween Hayride $250 Elder/Youth Community Garden $40 Earth Day Event/Clean up the pond $905 Lake Forest Recommend full request $80 Neighborhood Newsletter $75 General Operating Expenses $500 Annual Neighborhood Party & Block Parties $50 Welcome Baskets $200 Community Gardens $995 Minikahda Oaks Recommend full request $375 Winter & Spring Social $50 National Night Out $520 Annual Picnic $50 Sign Planting St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 7 $1,500 Minikahda Vista Recommend full request $150 Newsletter/Website/Steering Committee $110 Garage Sale $600 National Night Out $210 Block Contact Appreciation Activity $430 Block Party "Fun Kits" $382 Minnehaha Recommend full request $89 Spring Clean-up $159 Garage Sale $134 National Night Out $2,000 Oak Hill Park Recommend full request $600 Spring Social $600 Fall Social $350 Fall Mailing $350 Spring Mailing $100 Environmental Service Project $1,500 Sorensen Recommend full request $540 Newsletter $455 9th Annual Fall Social $200 Annual Meeting $50 Annual Garage Sale $195 Webster Park Porta-Potty $60 Welcome Package for New Residents $1,470 Texa Tonka Recommend full request $460 National Night Out $400 SLP Police Dept. Summer Basketball $110 2007 Summer Celebration $500 TTNA Annual Picnic & Meeting $1,500 Triangle Recommend full request $600 July Neighborhood Event $600 Newsletter $150 Park Pick-up sign $150 Park Bench St. Louis Park City Council Meeting Item: 050707 - 4e - Neighborhood Grants Page 8 $1,980 Westwood Hills Recommend full request $450 Ice Cream Social $600 Winter Event $330 Oktober Fest $80 New Neighbor Baskets $520 New Signs for Westwood Hills $26,657 Total Requested by all Neighborhoods $26,507 by Grant Review Committee St. Louis Park City Council Meeting Item: 050707 - 4f - Bid Tab Dakota Park Area Drainage Improvements Page 1 4f. Bid Tabulation: Motion to designate G.F. Jedlicki, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $817,414.75 for Drainage Improvement Project – Dakota Park Area Drainage Improvements, City Project No. 2003-1300. BACKGROUND: Bids were received on Wednesday, April 26, 2007 for the construction of drainage improvements at south end of Dakota Park and 27th Street between Dakota Avenue So. and Brunswick Avenue So. A total of nine (9) bids were received for this project. An advertisement for bids was published in the Sun Sailor on March 29, and April 5, 2007 and in the Construction Bulletin on April 2 and April 9, 2007. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT CORRECTED G. F. Jedlicki, Inc. $817,414.75 Rachel Contracting, LLC $837,692.05 Veit & Company, Inc. $883,213.80 $876,549.80 Kusske Construction, Inc. $897,104.25 $887,104.25 Motzco Companies, Inc. $916,380.00 $912,305.25 Barbarossa & Sons, Inc. $920,476.75 Sunram Construction, Inc. $1,000,000 $1,010,376.10 Northdale Construction Co., Inc. $1,103,625.41 Borresen Construction, Inc. $1,299,160.80 Engineer’s Estimate $970,188.89 EVALUATION OF BIDS: A review of the bids indicates that G. F. Jedlicki, Inc. submitted the lowest responsible bid. This contractor has satisfactorily completed similar projects throughout the metropolitan area. FINANCIAL CONSIDERATIONS: The project will be funded from a combination of General Obligation Revenue Bonds (50%) and State of Minnesota Flood Reimbursement Grant monies (50%). The total estimated project cost at this time (construction, engineering, and administration) is $1,250,000. CONSTRUCTION TIMELINE: Work is anticipated to commence in mid to late May, and the project is scheduled to be completed by September 1, 2007. Staff will be coordinating the work efforts with Park and Recreation staff throughout the project to address and accommodate parking and access, including the off-leash dog area, ballfields, and individual residential properties. Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 4g - Bid Tab 2007 Street Improvement Page 1 4g. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,792,999.55 for the 2007 Local Street Improvement Project– City Project No. 2006-1000, 2006- 1100, and 2007-1400. BACKGROUND: Bids were received on April 26, 2007 for the 2007 Local Streets Improvement Project. This is the third year for implementing the City’s new Pavement Management Program. Work for this year’s program will occur in the Kilmer Neighborhood, as well as selected streets in the Westdale, Crestview, Cedar Manor, and Westwood Hills Neighborhoods. The streets selected for work will have their existing asphalt pavement removed and then replaced with a new asphalt surface. Other work associated with the project includes drainage system repairs. As part of this year's Pavement Management project, there is also a watermain replacement project on selected streets in the Kilmer Neighborhood, and a State Aid street project on W. 16th Street in the Kilmer Neighborhood. A total of six (6) bids were received for this project. An advertisement for bids was published in the St. Louis Park Sun-Sailor on April 5, and 12, 2007, and in the Construction Bulletin on April 16, 2007. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Hardrives, Inc. $1,792,999.55 Valley Paving, Inc. $1,829,183.14 Midwest Asphalt Corporation $1,865,591.22 Bituminous Roadways, Inc. $1,886,381.30 Northwest Asphalt, Inc. $1,920,530.60 C.S. McCrossan Construction, Inc. $1,972,350.40 Engineer’s Estimate $2,251,918.00 EVALUATION OF BIDS: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends Hardrives, Inc. as the lowest responsible bidder. Hardrives is a reputable contractor that has worked for the city before and has successfully completed contracts. FINANCIAL CONSIDERATIONS: These projects were included in the Capital Improvement Program (CIP) with an estimated cost of $1,346,650 for the local street work coming from the Pavement Management fund, $361,700 for the watermain replacement coming from the Water Utility fund , and $224,000 for the state aid street work using state aid monies. CONSTRUCTION TIMELINE: The work is anticipated to begin in late May or early June. All of the project work is expected to be completed by early Fall. Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 4h - Fire Civil Service Commission Minutes 020507 Page 1 1 MINUTES FIRE CIVIL SERVICE COMMISSION February 5, 2007 – 7:30 a.m. FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 7:36 a.m. by President Lee. 2) In attendance were Commission President David Lee and Commissioner Marjorie Douville. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Luke Stemmer, Fire Chief; Eric Bakken, Union President; and Mark Windschitl, Battalion Chief. 3) A motion was made by Commissioner Douville, seconded by Commissioner Lee to accept the minutes from the January 10, 2007 meeting. Motion carried unanimously. 4) Staff Liaison Ali Fosse handed out a memo from Management Assistant Marcia Honold outlining the recent changes to the Council’s rules and procedures for Boards and Commissions. This handout is informational only, since this commission is established and regulated by state statute. Although these rules and procedures do not apply to the Fire Civil Service Commission, Council wants Commissioners to know their work and time are appreciated. An appreciation event will be held in March, 2007. Ali Fosse will notify Commissioners when this event is scheduled. 5) Chief Stemmer presented the annual Chief’s Report to the Commission (report attached). Highlights include high volumes of calls in 2006 and an update on the status of the City’s study of Fire Stations. 6) In other business, President Lee asked for any questions or concerns from Local 993. Union President Eric Bakken expressed thanks to the Commissioners for their work and stated there were no questions or comments. Chief Stemmer provided an update on the two recruitment processes that are currently underway. The Firefighter and Fire Captain processes are estimated to be ready for Commission approval in late March or early April. 7) The Commission adjourned at 8:12 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Attachment: Chief Stemmer’s 2006 Annual Report St. Louis Park City Council Meeting Item: 050707 - 4h - Fire Civil Service Commission Minutes 020507 Page 2 2 Fire Civil Service Commission Annual Report – February 5, 2007 Luke Stemmer: Fire Chief I. Introduction • I would like to share with the Commission the following report of the Department’s activities in FY 2006. II. Fire Department Technology • We continue to work on mounting mobile computers in all the first run apparatus. Firehouse, our main database, has yet to upgrade to the point that it will function in a wireless environment. We expect that the city’s new wifi system will have a significant impact on public safety by enabling it to have wireless access throughout the city. III. Fire Prevention Bureau • When I started in St. Louis Park I asked myself how much could be happening in the way of new construction in a City that was already developed. Last year the city did more than 120 million dollars in new construction. This has had a significant impact on our ability to keep up with the required inspections. We are looking at ways to get more personnel involved. IV. Fire Statistics 2006 Structure Fires 83 Other Fires 141 Rescue/Emergency Medical 3,032 False Alarms 322 Mutual Aid Given 61 Hazmat Responses 74 Other Hazardous Responses 80 All Other Responses 540 Total for all Fires 4,252 V. Major Structure Fires • House fire at 2905 Pennsylvania caused an estimated $173,000 damage. Fire started in the basement in the area of some electrical equipment and appears to have smoldered most of the day while the residents were at work. Of note is that fire lieutenant Paul Steinhilber was injured when he fell through the floor into the basement while looking for access into the upper areas of the house to check for extension. Paul returned to full unrestricted duty after being out for a couple of weeks. We were assisted by Edina, Golden Valley, Hopkins and Plymouth fire departments. St. Louis Park City Council Meeting Item: 050707 - 4h - Fire Civil Service Commission Minutes 020507 Page 3 3 • 7465 Oak Park Village Dr. was a multi unit structure where the fire started in a ceiling light fixture on the first floor and burned through into the second floor. The major problem at this fire was light weight truss construction which allowed for extension into the upper areas. VI Fire Equipment • There were no major equipment purchases made in 2006. VII Staffing • 2006 was a year of change with the retirement of Fire Department Administrative Assistant Shirley Huiras after 21 years with the department. Although she will be missed, we have a new assistant on board - Sue Rasmussen, who came to us from the City Manager’s office. Sue has extensive office management experience and will be a good fit in the organization. • The Paid-On-Call class of 2005 was the largest we have had since the reinstatement of the program in 1996. Even though we have had some people leave the organization, our numbers are still good and no recruitment is planned at this time. VIII Strategic Planning • We again met with the department this spring and have come up with some new initiatives for the department in the coming year. We continue to work with the process, especially in the area of accountability. IX Stations • We have successfully reinforced the floors in both stations and all the vehicles are again in the stations. The bad news is that only the part of the floors immediately under the trucks was done. In addition, the engineers believe that this is just a temporary fix that will only extend the life of the floors about five years without additional work being done. • The Station evaluation has been completed by BKV Architects. Their report to Council contained a number of recommendations. One of the first things they looked at was how our existing stations met the space need suggested by current industry standards. Station 1, currently around 7,000 sq. ft., should be about 27,000 to meet our current operational needs. Station 2, just over 4,000 sq. ft., should be 15,000 sq. ft.. When the possibility of remodeling was looked at it, was determined that the lack of available land adjacent to the structures limited the ability to expand the structures. That, along with the fact that the cost of remodeling is equal to or more than the cost of building new, it was recommended that both buildings be abandoned as fire stations and new structures be built. St. Louis Park City Council Meeting Item: 050707 - 4h - Fire Civil Service Commission Minutes 020507 Page 4 4 • The Council has asked staff to look at a number of different variables and bring the information back to them latter this spring. Areas to be looked at are response times, call volume and type, available land, future development areas, potential redevelopment areas and financing options. IIX. Mutual Aid • We are now doing automatic mutual aid with four cities: Edina, Hopkins, Golden Valley, and Minnetonka. We are continuing to talk to Minneapolis. St. Louis Park City Council Meeting Item: 050707 - 6b - Easement Vacation - 4131 Webster Page 1 6b. Request for Vacation of a Portion of a Drainage and Utility Easement for 4131 Webster Avenue. Case No.: 07-14-VAC Recommended Action: Close the public hearing. Motion to approve the first reading of an ordinance vacating a Drainage and Utility Easement. DESCRIPTION OF REQUEST: Meadowview Homes is requesting the vacation of a portion of a drainage and utility easement on the east side of the lot at 4131 Webster Avenue South. This lot is one of the new single family lots created with the Brookside School redevelopment. The applicant is in the process of constructing a house on the lot, and the future resident would like to construct a deck off the back of the house that would extend 2 feet into the existing easement. Building a deck in an easement is not permitted, thus the request is to reduce the easement width by 5 feet. The remaining easement would be 15 feet wide. ANALYSIS: The drainage and utility easement was established with the Brookside Lofts plat. The 20-foot wide easement was included on this lot to accommodate the high water level of a small dry pond located on the adjacent property. The city engineering department reviewed the request, and determined that a 15-foot wide easement is sufficient to contain water generated by a 1% chance rain event. The 1% chance event is the standard generally used to establish pond and drainage easement size. PROCESS: § A public hearing is required with written notice to affected property owners and published in the newspaper to vacate a drainage and utility easement. § Easement vacations require adopting an ordinance passed by a vote of at least five members of the Council (2/3 majority of all members). § The ordinance requires two readings. The second reading is tentatively scheduled for May 21, 2007. RECOMMENDATION: Staff recommends adoption of the ordinance vacating a portion of the drainage and utility easement at 4131 Webster Avenue South. Attachments: Draft Ordinance Site Map (supplement) Survey showing location of easement to be vacated (supplement) Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 6b - Easement Vacation - 4131 Webster Page 2 D R A F T ORDINANCE NO. _____-07 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS 4131 WEBSTER AVENUE SOUTH THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS: 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 easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on April 26, 2007 and the City Council has conducted a public hearing upon said petition and has determined that the easement is not needed for public purposes, and that it is for the best interest of the public that said easement be vacated. Section 2. The following described utility easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: The west 5.00 feet of the east 20.00 feet of Lot 1, Block 2, BROOKSIDE LOFTS, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT the North 15.00 feet and the south 5.00 feet thereof. 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. This Ordinance shall take effect fifteen days after its publication. First Reading May 7, 2007 Second Reading May 21, 2007 Date of Publication May 31, 2007 Date Ordinance takes effect June 15, 2007 Reviewed for Administration Adopted by the City Council May 21, 2007 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 1 8a. Accept Bids for General Obligation Utility Revenue Bonds This report requests that the City Council adopt a resolution accepting the sale of water and storm water revenue bonds from the lowest responsible bidder. Recommended Action: Motion to approve resolution awarding the sale of $3,665,000 General Obligation Utility Revenue Bonds, Series 2007A. PURPOSE OF DISCUSSION: This item will allow Ehlers & Associates to present the results of the sale held at 10 a.m. on May 7, 2007. BACKGROUND: On April 16, 2007 the City Council approved a resolution providing for the sale of $3,665,000 General Obligation Bonds, Series 2007A. The bond proceeds will be used to finance various water and storm water infrastructure construction or replacements throughout the city. The City Council has passed the appropriate reimbursement resolution in February to allow for financing these projects through a general obligation bond. The 2007A bonds are scheduled to be sold on May 7, 2007. Results of the sale will be presented at the Council meeting that evening. In addition, the outcome of the city’s bond rating discussion with Moody’s Investor Services will be presented. The resolution awarding the sale of bonds will be completed with the sale results and presented during the Council meeting. Attachments: Resolution Preliminary Official Statement dated April 26, 2007 (Supplement) Prepared by: Bruce DeJong, Finance Director Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 2 Extract of Minutes of Meeting of the City Council of the City of St. Louis Park, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of St. Louis Park, Minnesota, was duly held in the City Hall in said City on Monday, May 7, 2007, commencing at 7:30 P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $__________________ General Obligation Utility Revenue Bonds, Series 2007A. The City Manager presented a tabulation of the proposals that have been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as set forth in Exhibit A attached. After due consideration of the proposals, Member ____________________ then introduced the following resolution and moved its adoption: St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 3 RESOLUTION NO. 07-_____ A RESOLUTION AWARDING THE SALE OF $________________ GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2007A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council (the “Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Sale of Bonds. 1.01. It is determined that: (a) the City engineer (the “Engineer”) has recommended the construction of various improvements to the City’s water and storm water system (the “Project”); (b) the City is authorized by Minnesota Statutes, Section 444.075 and Minnesota Statutes, Chapter 475, as amended (the “Act”), to finance all or a portion of the cost of the Project (the “Project Costs”) by the issuance of general obligation bonds of the City payable from the net revenues of the utility system of the City for the following Project: general water and storm water improvements within the City. (c) The Project Costs are presently estimated by the Engineer to be as follows: Project Designation & Descriptions: Estimated Total Project Cost Project Construction Fund $_________________ Costs of Issuance $_________________ Underwriter’s Discount $_________________ Rounding Amount $_________________ Total $_________________ (d) it is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Utility Revenue Bonds, Series 2007A (the “Bonds”), in the original aggregate principal amount of $________________, pursuant to the Act, to provide financing for the Project. 1.02. The proposal of __________________________________ (the “Purchaser”) to purchase the Bonds in the original aggregate principal amount of $______________, described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $_______________, plus accrued interest to date of delivery, for Bonds bearing interest as follows: St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 4 Year Interest Rate Year Interest Rate 2008 2016 2009 2017 2010 2018 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 True interest cost: _________ 1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of $_________ is credited to the Debt Service Account or in the construction account for the Project in accordance with Section 4, as determined by the City’s financial advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $_________, originally dated June 5, 2007, in the minimum denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on August 1 in the years and amounts as follows: Year Amount Year Amount 2008 2016 2009 2017 2010 2018 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 1.05. Optional Redemption. The City may elect on August 1, 2015, and on any day thereafter to prepay Bonds due on or after August 1, 2016. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 5 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2008, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 6 (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 7 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar money sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 8 No. R-____ UNITED STATES OF AMERICA $____________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2007A Interest Rate Maturity Date of Original Issue CUSIP August 1, 2023 June 5, 2007 REGISTERED OWNER: Cede & Co. The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received the principal amount specified above on the maturity date specified above without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2008, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on August 1, 2015, and on any day thereafter to prepay Bonds due on or after August 1, 2016. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $____________ of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on May 7, 2007 (the “Resolution”), for the purpose of providing money to aid in financing various improvements to the water and storm sewer system of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapter 475, and the principal hereof and interest St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 9 hereon are payable primarily from the net revenues of the water and storm sewer system of the City in a special Debt Service Account of the City, as set forth in the Resolution, to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. IT IS HEREBY CERTIFIED AND RECITED that in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the water and storm sewer system free from competition by other like municipal utilities; that adequate insurance on said plant and system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Water and Storm Sewer Fund, into which it will pay all of the gross revenues from the water and storm sewer plant and system; that it will also create and maintain a General Obligation Utility Revenue Bonds, Series 2007A Debt Service Account, into which it will pay, out of the net revenues from the water and storm sewer system a sum sufficient to pay principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net water and storm sewer system revenues. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 10 IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: June 5, 2007 CITY OF ST. LOUIS PARK, MINNESOTA (facsimile) Its Mayor (facsimile) Its City Manager St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 11 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolutions mentioned within. ______________________________ By Authorized Representative _______________________________ The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________ in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 12 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Registrar Cede & Co. Federal ID #13-2555119 3.02. The City Clerk will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 13 Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The City will create and continue to operate its Water Utility Fund and Storm Sewer Utility Fund to which will be credited all gross revenues of the water and storm sewer plant and system and out of which will be paid all normal and reasonable expenses of current operations of the water and storm sewer systems. Any balance therein are deemed net revenues and will be transferred, from time to time, to the General Obligation Utility Revenue Bonds, Series 2007A Debt Service Account (the “Debt Service Account”) hereby created in the Water and Storm Sewer Fund, which fund will be used only to pay principal of and interest on the Bonds and any other bonds similarly authorized. There will always be retained in the Debt Service Account a sufficient amount to pay principal of and interest on all the Bonds described in the resolution authorizing the sale of the Bonds, and the City Finance Director must report any current or anticipated deficiency in the Debt Service Account to the City Council. There is appropriated to the Debt Service Account (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser as directed by the City’s financial advisor, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated during the construction of the utility and sewer projects financed by the Bonds (the “Projects”) will be deposited in a separate construction account to be used solely to defray expenses of the Projects and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Projects. When the Projects are completed and the cost thereof paid, the construction account is to be closed and any balance therein is to be deposited in the Debt Service Account. 4.02. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the water and storm sewer system as public utilities and conveniences free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water and storm sewer system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Account as a separate account in either the Water Utility or the Storm Sewer Utility will cause money to be credited thereto from time to time, out of net revenues from the water and storm sewer systems in sums sufficient to pay principal of and interest on the Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water and storm sewer plant and system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 14 therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause persons handling revenues of the water and storm sewer plant and system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water and storm sewer plant and system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the water and storm sewer plant and system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the water and storm sewer plant and system as required by law. (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) The Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in net revenues. 4.03. It is hereby determined that the estimated collection of net revenues pledged to the payment of principal and interest on the Bonds will produce at least five percent (5.00%) in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 15 5.02. Certification as to Official Statement. The Mayor, City Manager and City Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City’s financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenants. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2007) exceed the small-issuer rebate exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 16 (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 17 Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain a Bond certificate, the City will notify DTC, whereupon DTC will notify the Participants of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owner in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 18 Section 9. Defeasance. 9.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 19 The motion for the adoption of the foregoing resolution was duly seconded by Member _________________________, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 20 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ST. LOUIS PARK ) I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on May 7, 2007, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $________________ General Obligation Utility Revenue Bonds, Series 2007A, of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this ______ day of _______________, 2007. City Clerk St. Louis Park, Minnesota (SEAL) St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 21 STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER’S CERTIFICATE AS TO COUNTY OF HENNEPIN REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of St. Louis Park, Minnesota, on May 7, 2007, relating to General Obligation Utility Revenue Bonds, Series 2007A, in the amount of $______________, dated June 5, 2007, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this _____ day of _______________, 2007. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) Deputy St. Louis Park City Council Meeting Item: 050707 - 8a - Accept Bids for General Obligation Utility Revenue Bonds Page 22 EXHIBIT A PROPOSALS Will be supplied to Council at meeting. St. Louis Park City Council Meeting Item: 050707 - 8b - Minnetonka Boulevard Trail Construction Page 1 8b. Project Report: Minnetonka Boulevard Trail Construction, Project No. 2004-0302 This report considers the construction of a new trail along the south side of Minnetonka Boulevard between Highway 169 and Aquila Avenue. The new trail will link to the Hutchinson Spur Regional Trail. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 2004-0302, approving plans and specifications, and authorizing advertisement for bids. BACKGROUND: Making the City a safer and more pedestrian-friendly community was one of the recommendations of Vision St. Louis Park. In response to this suggestion, a city-wide Sidewalk, Trail, Bikeway and Crossing Plan has been developed. This Plan, which has been incorporated into the City’s Comprehensive Plan, identifies areas of the City in need of additional sidewalk, trails or bikeways; and, busy roadway or railroad crossings where pedestrian safety improvements can be made. Substantial public involvement and input was solicited during the development of this program. A Sidewalk and Trail Task Force, made up of concerned citizens, assisted in the development of the Plan. To understand residents’ concerns, a random opinion survey was conducted. As the Plan was developed, meetings were held with neighborhood associations, the City Council, Parks and Recreation Commission and other community groups. Two open houses were conducted as well as numerous publications and community newspaper articles. The final Plan was adopted on July 5, 2000 with some minor changes and revisions approved since then. The Minnetonka Boulevard Trail is the final trail segment that will be constructed as part of the original Plan. ANALYSIS: Staff has prepared plans for a new trail along the south side of Minnetonka Boulevard. which would run from Aquila Avenue west to Hwy 169. The proposed trail will be an 8 foot wide asphalt path with an additional 1.5 feet of paved surface between the path and the new curb line for safety clearance. To fit the trail within the existing right-of-way, the road center line will be shifted north along certain areas of Minnetonka Boulevard. The current wide driving lanes will also be narrowed to two (2) 12 foot lanes, and the existing on-road bike lane will be kept to 5 feet in width on each side of the road. The trail construction will require relocation of the existing power poles. Impact on Private Property: Relocating the power poles will result in impacts to certain properties along the south side of Minnetonka Boulevard. Relocating the poles further south along the boulevard area will require trimming and/or removal of trees on some private property. Staff, including the city forester and the Xcel Energy forester, have identified 3 trees on two parcels for removal and 8 trees on four parcels which will likely require trimming. Removing or trimming trees will require some sort of compensation or tree replacement to the affected property owner(s). If necessary, Staff will work with its right-of-way consultant to determine fair compensation. St. Louis Park City Council Meeting Item: 050707 - 8b - Minnetonka Boulevard Trail Construction Page 2 Initially, Staff researched the possibility of undergrounding the overhead power lines beneath the trail but determined it was not feasible as the resulting cost of $350,000 to $400,000 was cost prohibitive. Staff has informed Xcel Energy that they will need to relocate their power poles to allow for construction of the trial. Xcel has not formally responded to our request but in meeting with their representatives, they have indicated that they likely will expect compensation for the pole relocation. Their initial estimate is $36,634 for the relocation. The city’s past practice and policy based on our franchise agreement does not provide utility companies for relocation costs. Staff is continuing to work with Xcel to resolve the issue and allow for construction of the trail. The trail construction will also require re-grading or sloping along some yards adjacent to the trail to create a proper transition from the trail edge to the yard and to ensure proper drainage. This work will also need to be done on private property. Staff will obtain Right-of-Entry Agreements or temporary construction easements to perform this work. The Minnetonka Boulevard trail segment has been identified as a trail route in the Hennepin County Bike Transportation Plan. Our trail segment will eventually connect to a Minnetonka Trail along Minnetonka Boulevard west of Hwy 169 sometime in the future. As a result, Hennepin County supports our proposed trail. Hennepin County has reviewed our plans and will participate in the project funding through their Bicycle CIP Fund. Their funding program allows a maximum contribution of $100,000 per year per project. However, at this time they have only been able to secure approximately $79,000. They have indicated that they are seeking additional funds to reach the maximum contribution amount. As with other joint agency projects, this project will require a cooperative agreement between our two agencies. Hennepin County has also committed to installing the signage and road striping needed for this project. PUBLIC PROCESS: Staff held two public meetings to provide information to residents on the proposed project. On November 2nd, staff held a neighborhood meeting at the Aquila Elementary School to give adjacent and area residents an opportunity to view a preliminary layout of the trail and ask questions. Eleven residents attended the meeting representing 8 properties. Staff met individually with each of the residents to provide them an overview of the project and to ask for their comments. A majority of residents were supportive of the trail construction. Most of the favorable responses said the trail would provide a safe pedestrian travel area off the busy roadway and provide the needed connection to the nearby regional trail and the park area at Aquila Elementary School. One person commented that it would increase property values. Two residents were opposed to the new trail. A second neighborhood meeting was held on April 24th in the City Hall Community Room. Seven residents attend this meeting. The purpose of the meeting was to show the final design plans and discuss the impacts of our proposed project including the impacts of the power pole relocation. Nearly all those attending the meeting still expressed their support of the project. However, one resident living on the north side of Minnetonka Boulevard does not support the trail construction. That resident feels if the trail is to be constructed that the on-street bike lanes should be eliminated and all bikers should then be required to use the new trail. St. Louis Park City Council Meeting Item: 050707 - 8b - Minnetonka Boulevard Trail Construction Page 3 COST AND FUNDING: The Engineer’s Estimate for this project is $365,830. This includes 10% for contingencies and 12% for Engineering and Administration expenses. The CIP has budgeted $250,000 for this project from 2005 General Obligation bond proceeds along with $150,000 in Hennepin County Funds. Additional G.O. bund funds are available to cover any construction cost overruns or funding shortfalls by Hennepin County. PROJECT TIMELINE: Staff would like to coordinate and time the construction of this trail with the Minnetonka Boulevard bridge construction over the Hutchinson Spur Trail that is occurring this summer. The closure of Minnetonka Boulevard at the bridge site will significantly reduce traffic in the area providing safer conditions to construct the trail. Should the City Council approve the Project Report, the following schedule is proposed: • Approval of Plans/Authorization to Bid by City Council May 7, 2007 • Advertise for bids June • Bid Opening June 27, 2007 • Bid Tab Report to City Council; Award contract July 16, 2007 • Commence Construction Early August • Complete Construction Early October Attachments: Resolution Project Location Sheet Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Scott Brink, City Engineer Michael Rardin, Director of Public Works Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 8b - Minnetonka Boulevard Trail Construction Page 4 RESOLUTION NO. 07-054 RESOLUTION.ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2004-0302, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2004-0302 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the Minnetonka Boulevard Trail construction. 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. 2004-0302 is hereby accepted. 2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2004-0302, is hereby established and ordered. 4. The plans and specifications for the making of these improvements, as prepared under the direction of the City Engineer, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council May 7, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 050707 - 8b - Minnetonka Boulevard Trail Construction Page 5 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 1 8c. Public Safety Communications Van This report requests that the City Council authorize staff to proceed with the purchase of a Public Safety Communications Van to be used jointly with the City of Golden Valley. Recommended Action: Motion to designate LDV, Inc as the lowest responsible bidder based upon Federal General Services Administration (GSA) contract pricing for the purchase of one (1) Public Safety Communications van and to authorize execution of a purchase agreement with LDV, Inc. resulting in an amount not to exceed $310,000 including after-market technology. Motion to approve the agreement between the cities of Golden Valley and St. Louis Park for the shared purchase, operation and maintenance of the Public Safety Communications Van and authorize the Mayor and City Manager to sign this agreement. BACKGROUND: The current Public Safety Communications Van utilized by the St. Louis Park Police and Fire Departments is in excess of 25 years old and has outlived its useful life. We have been evaluating the need for a new communications van for approximately five years. The City Council initially authorized the purchase of a new communications vehicle in 2003. However, the purchase was put on hold pending resolution of budget issues at that time. In 2004 the City Council once again authorized the purchase of a communications van. About a year ago, staff began discussions with the City of Golden Valley regarding the possibility of sharing this purchase. It was felt that by pooling resources both communities could benefit by enabling the purchase of a high quality vehicle. Public Safety staff from St. Louis Park and Golden Valley met numerous times during the past year to reconcile budget constraints with the equipment priorities of the departments. The attached agreement was prepared cooperatively by St. Louis Park and Golden Valley City Attorneys. This agreement summarizes our intention to purchase and utilize this equipment jointly and to house and maintain it at a City of Golden Valley facility. This type of equipment is not typically dispatched or operated in a Code 3 (red lights and siren) manner, and it is our belief that housing the van in Golden Valley does not reduce the utility or effectiveness of it in responding to St. Louis Park incidents. BIDDING REQUIREMENTS: After the specifications for the communications van were determined, competitive pricing options were evaluated using the federal government (GSA) contract pricing. Staff has identified LDV, Inc. as the lowest responsible bid using GSA pricing and the company’s national reputation for building quality equipment. This purchase has been approved by the State of Minnesota’s point of contact (POC), Lt. Colonel Chad M. Sackett. The purchase is authorized from LDV, Inc. using the GSA price schedule and has been assigned Contract #GS-30F-0009L. This contract purchasing process has been reviewed and approved by City Attorney, Tom Scott. St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 2 FINANCIAL CONSIDERATIONS: The total budget which has been established for this vehicle is $310,000 (includes vehicle and after market technology, e.g. radios etc). The GSA contract price for the communications van, as specified, is $274,933. The material and labor costs for the installations of after-market technology (radio systems and related equipment) are estimated to be no more than $35,000. As such, we should be able to stay within budget parameters for this purchase. As outlined in the attached agreement, the cost of the communications van will be determined using the same formula used for public safety dispatch services. St. Louis Park will pay 64% and Golden Valley will pay 36%. Thus, our share will be a maximum of $198,400 which is within the $210,000 budget the city set for this purchase. This shared purchase allows us to broaden our partnership with the City of Golden Valley and permits Golden Valley to experience the indirect benefits of housing the communications van, just as we realize indirect benefits in housing the dispatch center in St. Louis Park. Additionally, Golden Valley has adequate storage space to accommodate the communications van. It also permits us to acquire a higher quality and better equipped communications van while not exceeding the $210,000 expenditure we had budgeted as a sole purchaser in 2003. Golden Valley Public Safety staff are aware of the total cost of the communications van outlined in this report and indicate they have budgeted appropriately. It is expected that the City of St. Louis Park will pay its portion of the total cost out of our Equipment Replacement Fund. SPECIFICATIONS: Staff from St. Louis Park and Golden Valley have carefully reviewed the 17-page specification document which described the communications van and all of its components. Attached to this report are a cost summary and a four-page detail of floor plans, cross sections, elevations and views. Staff estimates it will take approximately one year from date of order for this equipment to be put in service based upon the manufacturer's time estimate and completion of after-market technology installations. Attachments: Agreement between St. Louis Park and Golden Valley Specifications for LDV Mobile Command Center Approval letter and GSA purchase order from State Point of Contact Prepared by: John D. Luse, Chief of Police Cindy Walsh, Director of Parks and Recreation Luke Stemmer, Fire Chief Approved by: Nancy Gohman, Deputy City Manger/HR Director St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 3 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 4 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 5 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 6 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 7 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 8 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 9 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 10 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 11 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 12 St. Louis Park City Council Meeting Item: 050707 - 8c - Communications Van Page 13 St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 1 8d. ParkWiFi Wireless Internet Service Project This report is designed to provide an update to Council with a review of ParkWiFi pole design options. This information is a follow-up based on Council direction at its April 16 study session and report on April 23. Recommended Action: Motion to approve the attached Change Orders to cover costs to stop ParkWiFi project work, investigate design options to make more use of existing infrastructure and make network poles more aesthetically pleasing to residents, project re-start costs, and painted and modified pole costs for Options 3a and 3b identified in staff report. PURPOSE: This report is designed to provide an update to Council with a review of ParkWiFi pole design options. This information is a follow-up based on Council direction at its April 16 study session and report on April 23. In addition, staff will update Council on a couple of other related items that have evolved since April 23. BACKGROUND: Construction of ParkWiFi in the northeast part of St. Louis Park, including the installation of the underground fiber, began April 4. There were also 39 poles scheduled for installation that are designed to support the solar panels and wireless transceivers. For the entire City, we will need to make about 400 of these pole installations. Everyone involved in this project is committed to multiple goals – installing a wireless network that meets performance expectations, doing so in a cost-effective manner, using solar technology consistent with the City’s commitment to environmental stewardship, leveraging use of existing infrastructure to minimize visual clutter, and enhancing the availability of affordable and effective wireless Internet services for residents, businesses, other institutions, and for public safety and other public services. This report and these recommendations attempt to complete the balancing act among all these goals. FEEDBACK AND ACTIONS: As we started installing the poles in early April, we received a number of calls expressing concern about proposed pole locations and appearance. Upon analyzing this feedback further, we decided to take a step back and reassess the criteria we use for determining the location and appearance of poles. Up to that point, we had planned the location of the poles and types (16- foot galvanized steel) of poles used to optimize reliable wireless coverage in the most cost effective way. Add to that equation the critical factor of ensuring the solar panels have a clear line of sight to the sun’s path. In effect: Radio Pole Design = Radio Coverage + Solar Exposure + Least Expensive Pole St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 2 Given the very public nature of this project we issued a news release to explain this situation further. We thought it best to communicate and be as upfront as possible with our constituents as to what is happening. A story appeared in last week’s Sun Sailor and in this week’s Star Tribune West. These included including information provided at the April 16 and 23 Council meetings. These news stories, web updates, and mailing another round of postcards were all intended to improve the communications about the specifics of poles and alternatives being researched. Although we have suspended work on the pole installation, we are continuing with the installation of the underground fiber. Staff indicated that to undertake a reevaluation of the pole design and locations may result in about a 6 week delay while re-engineering occurs and possible new materials are ordered. Current analysis indicates an overall project delay of about six weeks, assuming Council direction to re-start the project occurs at this meeting. However, some of the time will be made up in the second half of the project. First Mile testing and acceptance have simply been delayed and remain necessary to ensure a system that meets performance expectations. Resources will be reallocated in the additional project phases to make up for some of the time lost since work stoppage on April 11. While not ideal, it is still manageable, and City staff, ARINC, and Unplugged Cities will attempt to reduce that delay as much as possible. POLE DESIGN CRITERIA: Based on resident feedback, staff presented the following criteria to consider in modifying pole design and location: • Pole color • Pole height • More use of intersection locations and minimize mid-lot public right-of-way views • More use of park and other public land • Co-locating street name signs and traffic control signs on the wireless pole (resulting in no net increase in number of poles at those locations) • Mounting on buildings and other structures • Locating poles in alleys • Locating poles along major roadways with existing street furniture • Greater use of city-owned street light poles As staff described to Council, there are time, design, and cost impacts to the tool kit of design criteria. And any design will still likely result in some locations being less than perfect from a visual perspective. None of us wants to add infrastructure except when necessary. Per Council direction, the goal would be to try to minimize that visual impact, yet ensure we do not compromise on overall system performance. Council indicated its support for use of these criteria and goal. In addition, Council emphasized the following: • Council still wants the project to move forward • Council does not want a design that compromises on performance • We are aiming to minimize any cost impacts to the overall project • Council is pleased the fiber component continues to move along • Minimizing the delay in re-starting work is important to the vitality of the project and service. Making adjustments now means we would use those adjustments for the remainder of phases and not intend to stop work again St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 3 • Council indicated support for considering easements on private property, especially along alleys. Their feedback from residents suggests this may be an option • Consider use of wooden poles in addition to metal • Update First Mile residents and ask them if they have any additional suggestions ADDITIONAL RESIDENT SUGGESTIONS AND OPTIONS: Staff indicated it would communicate with Council next once community feedback was received and options could be re-engineered with cost and time implications. Those options have been completed. They range from no changes at all and paying for work stoppage and re-engineering time to explore alternatives, to termination of the wireless project. First, additional public process suggestions (primarily comments) to date since work stoppage from residents in the First Mile and citywide include the following: • Thanks for listening and pausing to consider alternatives. • We recognize we may need to accept the trade-off of poles if the overall community wants the service. • Do not delay the project any longer – we are depending on this service offering (heard multiple times). • We want the service to work well. • While the poles are visible, the overall community benefit is worth it. • Environmentally, the use of solar technology is a positive community statement. • Focus on co-location of street and traffic signs on wireless radio poles to minimize the overall number of poles. • We are proud that St. Louis Park is taking a leadership role with wireless and solar. • Separate from the wireless service, consider adding banks of solar panels and selling the energy to Xcel to offset overall City energy costs. Please also note that staff and Council received some initial feedback on concerns with the poles in early April. Follow-up postcards soliciting comments were mailed to the 1,300 addresses in the First Mile, and articles have appeared in local newspapers. As shown above, the majority of concern expressed since has revolved around project and service delays. Terminate the Entire Project At project junctures like this, it is important to consider all options. Work on this project began in November 2004. Much has been invested, significant public process has occurred and continues with this issue, community expectations have been set and anticipation is growing, and St. Louis Park has made a statement of intent to create the first citywide solar powered wireless retail service that would include a secondary benefit for public safety and services. St. Louis Park has captured national notoriety with this model project, with many paying attention to its outcome. With all the efforts described in the options below, radios and poles with solar panels will need to be installed optimally to fulfill this intent. Fundamentally, if a visually acceptable option that also meets performance, cost, and timing expectations cannot be found, it is time to terminate the project. St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 4 Financially, the City Attorney indicates that cancellation or termination of the contract at this point would require the City to compensate ARINC for its expenditures to date. The City would have to pay for all fiber installation and materials provided to date, as well as any items that ARINC has purchased from subcontractors that are in the pipeline, such as wireless radios, antennas, and poles. Quantifying the cost of cancellation would require meeting with ARINC to determine where everything stands at the time of cancellation, but given the tight timelines in the contract, the City could be responsible to pay for much of the $1.7 million project cost, since ARINC has acquired or ordered most of the equipment. Options to Continue the Project City staff worked with ARINC to establish several options that take into account the range of Council endorsed criteria, resident comments, and project goals. These are summarized in the chart below and more fully described following the chart. 1 2 3a 3b 4 5 6 Original Design Change Color on All Poles Change Color on All Poles and Provide Option for Higher Pole (Best Case 10%) Change Color on All Poles and Provide Option for Higher Pole (30%) Change Color on All Poles and Height (at Non-Street Corners) Corner Locate- SLP and Xcel Poles Corner Locate- SLP Poles Engineering, Stoppage, and Startup Costs 92,365$ 92,365$ 92,365$ 92,365$ 92,365$ 160,000$ 160,000$ Electrical Installation - - - - - 150,000 300,000 AP Installation & Project Management - - 37,500 108,000 360,000 35,000 70,000 Additional AP's - - - - - 120,000 120,000 Traffic Sign Labor (Option)15,000 15,000 15,000 15,000 15,000 - - Material (Poles, Painting, Etc)- 34,869 48,969 106,869 274,869 - - Sub-Total 107,365$ 142,234$ 193,834$ 322,234$ 742,234$ 465,000$ 650,000$ Annual Increase in Operating Cost UPC -$ -$ -$ -$ -$ tbd tbd SLP -$ -$ -$ -$ -$ 40,000$ 35,000$ -$ -$ -$ -$ -$ 40,000$ 35,000$ Present Value of Annual Increase -$ -$ -$ -$ -$ 169,000$ 148,000$ Total Option Cost 107,365$ 142,234$ 193,834$ 322,234$ 742,234$ 634,000$ 798,000$ Option Cost Category Option 1 – Continue with Original Design This option reflects no change in the original (most cost and performance effective) pole design and allows work to re-start immediately. This is the lowest cost option and does not compromise wireless or solar performance. This implies a 4 week overall project delay and about $108,000 in work stoppage, construction re-start, and engineering costs to develop the other options under consideration. This cost also includes the option to move traffic and street signs where possible to co-locate them on the same pole as the wireless equipment. While this is the fastest option, it does the least to address constituent concerns. Option 2 – Change Pole Color This option leaves all poles as originally designed and located and replaces all theses galvanized steel (silver colored) poles with brown poles to be less obtrusive. This option does not compromise wireless or solar performance. This implies a 6 – 8 week overall project delay and approximately $142,000 in work stoppage, construction re-start, engineering, and color pole costs. This cost also includes the option to move traffic and street signs where possible to co- locate them on the same pole as the wireless equipment. This helps address some constituent concerns expressed about the bright silver color of the poles. St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 5 Options 3a & 3b – Change Pole Color with Resident Option for Taller Pole These options leave all poles as originally located, however, the pole color is changed to brown at all locations to be less obtrusive. This cost also includes the work to move traffic and street signs where possible to co-locate them on the same pole as the wireless equipment. In addition, to address concerns expressed about height, residents would have the option to select a taller brown pole for these non-intersection locations. This taller brown pole would be 25 feet above ground level. However, to support this height, the pole would have a 4.5-inch diameter and a larger base. Residents will be able to choose between this pole and the standard brown pole, 16 feet above ground level with a 3-inch diameter and smaller base. This option does not compromise wireless or solar performance. The overall project delay ranges from 2 – 4 weeks to 6 – 8 weeks, and approximately $194,000 - $322,000 in work stoppage, construction re-start, engineering, and color and (in some cases, taller) pole costs. This helps address some constituent concerns expressed about the bright silver color and height of the poles, though it is anticipated several residents would view a taller pole with bigger dimensions overall as more obtrusive. The only difference between Options 3a and 3b is the percentage of people who choose a taller over a standard height pole. The more people who opt for the taller pole, the greater the costs and time delay. Broadband Coordinator Frank Landis would visit with each property owner prior to installation to explain the work and show samples of the pole size options, where applicable. Option 4 – Change Pole Color and Install Taller Pole at All Non-Corner Locations This option leaves all poles as originally located. Poles at intersections would remain galvanized steel (silver colored). This cost also includes the work to move traffic and street signs where possible to co-locate them on the same pole as the wireless equipment. All poles located on public right-of-way adjoining residential lots would be brown, 25 feet above ground level with a 4.5-inch diameter and a larger base. This option does not compromise wireless or solar performance. This implies a 6 – 8 week overall project delay and about $742,000 in work stoppage, construction re-start, engineering, and color and all taller pole costs. Costs for all taller poles drive the major increase in this option. This may help address some constituent concerns expressed about the bright silver color and height of the poles, though it is anticipated several residents would view a taller pole with bigger dimensions overall as more obtrusive. Significantly, this cost change magnitude would also drive the need to re-bid the project. Option 5 – Corner Locate All Radios on Xcel and City Poles This option moves most poles from original locations. All poles would be moved to intersections. Where possible and Xcel allows, wireless equipment would be located on Xcel poles; otherwise, wireless equipment would be mounted on City-owned galvanized steel (silver colored) poles. This cost also includes the work to move traffic and street signs where possible to co-locate them on the same pole as the wireless equipment. This option does compromise wireless and solar performance. The wireless performance deteriorates because intersection locations are not always the ideal location to allow subscribers the ability to connect to the wireless network or obtain the speeds and reliability desired. This is one of the major (and expected) results from the pilot project, which used Xcel poles, often in less than optimal locations. It is also estimated that about 35% of the poles would need to use conventional power due to the lack of sun exposure sufficient for solar. This option implies an 8 – 10 week overall project delay and $634,000 in work stoppage, construction re-start, engineering, and additional radio (to partially make up for coverage loss) costs. Costs for additional radios and electrical connections drive major increases in this option. This may help address some constituent concerns expressed about the location, color, and height of the poles. However, system St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 6 performance would deteriorate to the point of threatening service viability and acceptance and the solar component of the project would be significantly lessened. Significantly, this cost change magnitude would also drive the need to re-bid the project. Option 6 – Corner Locate All Radios on City Poles This option moves most poles from original locations. All poles would be moved to intersections and wireless equipment would be mounted on City-owned galvanized steel (silver colored) poles. This cost also includes the work to move traffic and street signs where possible to co- locate them on the same pole as the wireless equipment. This option does compromise wireless and solar performance. The wireless performance deteriorates because intersection locations are not always the ideal location to allow subscribers the ability to connect to the wireless network or obtain the speeds and reliability desired. This is one of the major (and expected) results from the pilot project, which used Xcel poles, often in less than optimal locations. It is also estimated that about 35% of the poles would need to use conventional power due to the lack of sun exposure sufficient for solar. This option implies an 8 – 10 week overall project delay and $798,000 in work stoppage, construction re-start, engineering, conventional power, and additional radio (to partially make up for coverage loss) costs. Costs for additional radios, electrical connections, and energy drive major increases in this option. This may help address some constituent concerns expressed about the location, color, and height of the poles. However, system performance would deteriorate to the point of threatening service viability and acceptance and the solar component of the project would be significantly lessened. Significantly, this cost change magnitude would also drive the need to re-bid the project. ANALYSIS: If Council desires to continue with this wireless project (not elect the Termination option), and is comfortable with use of solar technology, comparison of the remaining options can occur. Upon review of the options described above, staff feels Option 1 does little to address concerns expressed by some, though performance expectations are maintained. Option 2 helps address concerns expressed by some by adding brown to moderate the color of all poles, and maintaining original pole locations to meet performance expectations. Options 3a and 3b accomplish the same as Option 2, plus providing a resident option for a taller (brown) pole. In addition, replacement of street and traffic sign poles would occur wherever feasible under all these options to leverage existing infrastructure. Option 4 accomplishes the same as Options 3a and 3b, except that tall brown poles would be installed at all non-corner locations. Options 5 and 6 move a significant number of poles to conventional (non-solar) power and use Xcel and new galvanized silver City-owned poles. All poles would be moved to intersections, which significantly deteriorates performance because intersections are not always the locations that meet both coverage (percentage of households) and bandwidth (speed) requirements of the contract. Maintenance costs are also higher to manage electrical services at more locations. It must also be emphasized that Options 4, 5, and 6 – taller and bigger painted poles or use of Xcel and City-owned poles – change the contract scope and cost significantly. Based on scope and cost estimates, should Council elect any of Options 4, 5, or 6, the current project would need to be terminated and re-bid. The cost of that financially would include termination costs of the current contract plus the cost to essentially start over. Staff feels such costs and delays would effectively both destroy the business case, and eliminate the remaining project momentum as residents and businesses will lose interest in this service. St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 7 RECOMMENDATIONS: Staff recommends that Council approve the attached change orders that authorize payment of work stoppage and re-engineering fees, and additional material and labor costs to complete this project using Options 3a and 3b. The reasons are related to the criteria for the options analysis. Options 3a and 3b combine to: • Change the pole color to brown at all locations • Provide the option for residents to choose taller brown pole when non-intersection location on public right-of-way is necessary • Maximize use of intersection locations • Maximize use of park and other public land • Co-locate street name signs and traffic control signs on the wireless pole (resulting in no net increase in number of poles at those locations) • Maximize use of other city assets -- buildings and other structures (e.g., City Hall, park buildings) • Maximize location of poles along major roadways to blend with existing street infrastructure • Make greater use of city-owned street light poles To be fair, Options 3a and 3b also continue to use many original public right-of-way locations, including some aligning residential lots. Even with painting of the poles and minimizing locations along residential lots, some residents will likely continue to be unhappy with these locations. Alleys and private property were also considered. However, lack of alleys uniformly throughout the City, poor wireless radio coverage, and inadequate solar exposure combined to make use of alleys and private property technically problematic. Critically, wireless radios need to have a signal line of site to each other, often making it counter-productive to hide them in out of the way locations. When considering some of the other points Council made when considering this, Options 3a and 3b also: • Keep the project to moving forward as quickly as possible, while still including the critical testing and acceptance phases • Moderate the cost impact to the overall project, while still somewhat addressing concerns raised • Keep the fiber component of the project moving along • Do not compromise on wireless system performance • Incorporate some suggestions and comments from First Mile residents and residents from across the City, important as the design approach will apply citywide To attempt Options 4, 5, and 6 hold the negative re-bid and momentum implications mentioned above. And, in addition to being much more expensive, these options compromise wireless system performance. Staff cannot honestly advocate for a more expensive system that does not deliver expected performance (coverage and speed), even with possible aesthetic improvements. St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 8 As a result, staff recommends Council approve the attached change orders that reflect implementation of a combination of Options 3a and 3b, combined to not exceed an additional contract cost of $322,000 with ARINC. Actual costs are dependent on the number of residents choosing the taller poles, and the change order would be used to purchase only the number of taller poles requested. Staff believes many residents (at non-intersection locations) will opt for the 16-foot pole, painted brown, instead of the taller and wider brown pole. The result of that would be costs much closer to the $194,000 of Option 3a versus the $322,000 of Option 3b. Alternatively, Council could approve Option 2 which includes all brown poles with no option for a taller pole. If Council approves this recommendation, staff, ARINC, and Unplugged Cities estimate the new service availability schedule to be: • Phase 1 (Northeast): July 21 (was June 1) • Phase 2 (Southeast): August 21 (was July 1) • Phase 3 (Northwest): September 21 (was August 1) • Phase 4 (Southwest): October 14 (was September 1) This translates into an estimated overall project delay of 6 weeks; we were not able to reduce that and be honest. At the same time, all parties also agree that complete system testing and acceptance at the front end of the project is critical to a successful deployment. While tempting, experience around the world makes clear it is not prudent to abbreviate those steps. What we can and will aim for is to try to make up time in future phases of the project. If we can, we will. If it takes the schedule shown above to deliver a quality service, we encourage everyone to support that standard. Critically, this schedule also assumes the ability for the project to move ahead with these new design approaches and no further work stoppages. FINANCIAL IMPLICATIONS: As reported to Council on April 16, the wireless project currently has a contingency of approximately $300,000, of which about $12,000 has been committed to small project modifications, primarily new federal requirements. The remaining $288,000 would likely cover most of the impact of the cost of recommended actions. The concern is that could create a challenge in funding future changes that may be desirable or inevitable in a project of this magnitude. SOME GOOD NEWS: Two other factors have changed, positively, since the pole issue emerged. The City, with assistance from Unplugged Cities, has been able to qualify for better than expected pricing on the gateway equipment most subscribers will need to use ParkWiFi. It is estimated this pricing will offset overall 5-year project costs by approximately $200,000. Secondly, another city has expressed some deeper interest expansion of ParkWiFi to serve its residents. While these discussions are preliminary, it does present a potential additional revenue opportunity to support ParkWiFi. St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 9 PROJECT STATISTICS AND DEMOGRAPHICS: Staff believes it was the right thing to do to stop this project upon receiving the type of feedback we did from individual residents. It has presented an opportunity to continue and enhance the public process, and resulted in recommendations that will hopefully create an even better outcome. That is both correct and respectful. As Council considers its choices, staff believes it is also a good time to review community wide impacts of the wireless project. In addition to all the good reasons this community asked for wireless service, the following numbers attempt to help put in perspective for Council the pole infrastructure impact when considering all households and the population. Total Wireless Radio Poles 400 Estimated Percent on Street Corners 50% Total Households 20,800 Multiple Dwelling Units 7,600 Single Dwelling Units 13,200 Total Population 44,126 Percentages Wireless Radio Poles to Total Households 1.92% Wireless Radio Poles (non-street corner) to Total Households 0.96% Wireless Radio Poles (non-street corner) to Single Family Dwelling Unit 1.52% Wireless Radio Poles to Population 0.91% Wireless Radio Poles (non-street corner) to Population 0.45% NEXT STEPS: If Council approves staff recommendations, next steps include: • Notification to both First Mile residents and all people in the City of Council action. • An order to ARINC to resume work on pole installations and other project tasks. • Publication of the revised service availability schedule by quadrant. • Web site finalizations and publication and distribution of project marketing materials and service offerings, which are ready to print once service availability dates are known. • Coordination discussions with current and future MDU owners and developers to ensure their units are ParkWiFi ready. • A site visit by Broadband Coordinator Frank Landis to each property owner abutting a pole installation (whether at an intersection or not). Frank would explain the installation that will occur and, if the location is not at an intersection, determine whether the resident prefers the taller and wider brown pole instead of the shorter and thinner brown pole. This process will occur citywide for all 400 pole locations. • Support from Council and the community on pole locations as the project progresses. Attachments: Change Orders Prepared by: Clint Pires, Chief Information Officer Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 10 CONTRACT FOR PURCHASE AND INSTALLATION OF WIRELESS BROADBAND NETWORK CHANGE ORDER FORM Change Order No. ___SLP-0004___________ This Change Order is issued pursuant to Section 6 of the St. Louis Park Fiber Optic Design and Installation Contract Statement of Work, dated December 19 2006 between City of St. Louis Park and ARINC Incorporated. The Change Order shall become effective upon the date of the last signature below. STATEMENT OF WORK: General CO to stop work investigate options to make network more esthetically pleasing to neighborhood. Also includes fees for stoppage and restart costs. Specific 1st mile redesign • Try and use existing NAP locations or at least NAP locations along existing and new fiber routes • Look at use of private property, especially along alleys • Maximize Solar • Electric Power can be used if solar not available. • Pole color to blend with the environment • Pole height to get higher than site line and better solar location options • More use of intersection locations • More use of park and other public land • Co-locating street name signs and traffic control signs on the wireless pole (resulting in no net increase in number of poles) • Mounting on buildings and other structures – preferably publicly owned • Locating poles along major roadways with existing street furniture • Greater use of city-owned street light poles PERIOD OF PERFORMANCE: From: _4/12/2007________ To: _____5/11/2007_____ DELIVERABLES: DELIVERABLE SCHEDULE DATE: 1.This change order 5/7/2007 2. Change order option to paint all poles brown same size 5/7/2007 3. Change order option to use existing 200 poles, order 5/7/2007 200 brown poles and 10% (20) larger poles. FIXED PRICE: $11,749 labor and material costs incurred due to work suspension $54,656 labor, travel costs incurred for redesign of first mile $25,961 labor and ODC cost to bring project back to where we left Total: $92,365 St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 11 SPECIAL INSTRUCTIONS: Price is for labor to redesign the 1st mile. Price also includes cost incurred due to suspension of work . _Estimate assumes a five week period to redesign, get approvals and restart work. City of St. Louis Park ARINC Incorporated By: ________________________ By: ______________________ Name: ________________________ Name: ______________________ Title: ________________________ Title: ______________________ Date: ________________________ Date: ______________________ St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 12 CONTRACT FOR PURCHASE AND INSTALLATION OF WIRELESS BROADBAND NETWORK CHANGE ORDER FORM Change Order No. ___SLP-0005___________ This Change Order is issued pursuant to Section 6 of the St. Louis Park Fiber Optic Design and Installation Contract Statement of Work, dated December 19 2006 between City of St. Louis Park and ARINC Incorporated. The Change Order shall become effective upon the date of the last signature below. STATEMENT OF WORK: General CO to provide 400 3 inch, 21 foot, schedule 40 brown poles. Specific • Provide 400 3 inch, 21 foot, schedule 40 brown poles • Return existing 200 3 inch, 21 foot, schedule 40 galvanized poles PERIOD OF PERFORMANCE: From: _4/12/2007________ To: _____5/11/2007_____ DELIVERABLES: DELIVERABLE SCHEDULE DATE: 1. 400 3 inch, 21 foot, schedule 40 brown poles 2. Return of 200 3 inch, 21 foot, schedule 40 galvanized poles • FIXED PRICE: $34,869 Provide 400 3 inch, 21 foot, schedule 40 brown poles. Return existing 200 3 inch, 21 foot, schedule 40 galvanized poles Total: $34,869 SPECIAL INSTRUCTIONS: None City of St. Louis Park ARINC Incorporated By: ________________________ By: ______________________ Name: ________________________ Name: ______________________ Title: ________________________ Title: ______________________ Date: ________________________ Date: ______________________ St. Louis Park City Council Meeting Item: 050707 - 8d - ParkWiFi Wireless Internet Service Project Page 13 CONTRACT FOR PURCHASE AND INSTALLATION OF WIRELESS BROADBAND NETWORK CHANGE ORDER FORM Change Order No. ___SLP-0007___________ This Change Order is issued pursuant to Section 6 of the St. Louis Park Fiber Optic Design and Installation Contract Statement of Work, dated December 19 2006 between City of St. Louis Park and ARINC Incorporated. The Change Order shall become effective upon the date of the last signature below. STATEMENT OF WORK: General 4 inch 33 foot schedule 40 brown poles quantities of 1, 2 and 3, and greater than 3. Specific • Provide pricing for quantities of 1, 2 and 3 and greater than 3, 4 inch, 33 foot, schedule 40 brown poles installed in the ground with solar and WiFi gear hooked up. PERIOD OF PERFORMANCE: From: _4/12/2007________ To: _____5/11/2007_____ DELIVERABLES: DELIVERABLE SCHEDULE DATE: 1. 4 inch, 33 foot, schedule 40 brown poles in quantities of 1, 2, 3 greater than 3, installed in the ground with solar and WiFi gear hooked up • FIXED PRICE: 1. Quantity 1/day install $3810 2. Quantity 2/day install $3100 3. Quantity 3/day install $2750 4. Quantity greater than 3/day install $2615 SPECIAL INSTRUCTIONS: This is the number of poles installed per day. City of St. Louis Park ARINC Incorporated By: ________________________ By: ______________________ Name: ________________________ Name: ______________________ Title: ________________________ Title: ______________________ Date: ________________________ Date: ______________________ St. Louis Park City Council Meeting Item: 050707- 6a - Easement Vacation - 2535 Huntington Page 1 6a. Request for Vacation of a Portion of a Drainage and Utility Easement for 2535, 2545 Huntington Ave. and 2540 France Ave. Case No.: 07-17-VAC Recommended Action: Close the public hearing. Motion to approve the first reading of an ordinance vacating a Drainage and Utility Easement. DESCRIPTION OF REQUEST: Biltmore Land Group is requesting the vacation of a drainage and utility easement located along property lines in the Biltmore Addition development. The easement was created as a result of the subdivision of this property in 2004. The subdivision ordinance requires drainage and utility easements along all property lines. The property owner now intends to recombine 3 lots into 2, negating the need for this easement. ANALYSIS: The applicant is in the process of combining lot 3 with lots 1 and 2 (see attached survey). As a result of the lot line adjustment, the easement will no longer follow property lines, and is therefore no longer required. New drainage and utility easements will be provided along the new property lines to replace the vacated easements. The lot line adjustment is an administrative process, and does not require Council review. There are no existing utilities in the easement, and the easement is not required for drainage or future utilities. Upon review, the Engineering Dept. determined the easement is not currently being used, and is not required for future utilities, and is therefore recommending vacation of the easement. PROCESS: § A public hearing with written notification to all property owners affected by the easement and published in the newspaper is required to vacate a drainage and utility easement. § Easement vacations require adopting an ordinance passed by a vote of at least five members of the Council (2/3 majority of all members). § The ordinance requires two readings. The second reading is tentatively scheduled for May 21, 2007. RECOMMENDATION: Staff recommends adoption of the ordinance vacating a drainage and utility easement at Biltmore Addition as described in the attached Ordinance. Attachments: Draft Ordinance Survey showing location of easement to be vacated (supplement) Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director St. Louis Park City Council Meeting Item: 050707- 6a - Easement Vacation - 2535 Huntington Page 2 D R A F T ORDINANCE NO. _____-07 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS BILTMORE ADDITION THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS: 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 proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on April 26, 2007, and the City Council has conducted a public hearing upon said petition and has determined that the easements are not needed for public purposes, and that it is for the best interest of the public that said easements be vacated. Section 2. The following described utility and drainage easements, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated: That part of the drainage and utility easements dedicated on the plat of BILTMORE ADDITION over the easterly 5.00 feet of Lot 1, Block 1, BILTMORE ADDITION, Hennepin County, Minnesota lying northerly of the south 5.00 feet of said Lot 1, and lying southerly of the north 5.00 feet of said Lot. 1. That part of the drainage and utility easements dedicated on the plat of BILTMORE ADDITION over the easterly 5.00 feet of Lot 2, Block 1, BILTMORE ADDITION, Hennepin County, Minnesota lying northerly of the south 5.00 feet of said Lot 2, and lying southerly of the north 5.00 feet of said Lot 2. That part of the drainage and utility easements dedicated on the plat of BILTMORE ADDITION over the westerly 5.00 feet of said Lot 3, Block 2, BILTMORE ADDITION, Hennepin County, Minnesota lying northerly of the south 5.00 feet of said Lot 3, and lying southerly of the north 5.00 feet of said Lot 3. 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. St. Louis Park City Council Meeting Item: 050707- 6a - Easement Vacation - 2535 Huntington Page 3 Section.4. This Ordinance shall take effect fifteen days after its publication. First Reading May 7, 2007 Second Reading May 21, 2007 Date of Publication May 31, 2007 Date Ordinance takes effect June 15, 2007 Reviewed for Administration Adopted by the City Council May 21, 2007 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney