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HomeMy WebLinkAbout2007/06/04 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA COUNCIL CHAMBERS June 4, 2007 7:30 p.m. 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Congressman Keith Ellison Presentation 2b. Nordic Ware Historic Bundt Pan Proclamation 3. Approval of Minutes 3a. Study Session Minutes of May 14, 2007 3b. City Council Minutes of May 21, 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 – None. 7. Requests, Petitions, and Commissions from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Motion to approve Resolution to Reconvey and Purchase a Portion of a Tax Forfeit Parcel at 2600 Natchez relating to the Vacant Land Sale Process. This report requests that the City Council approve a resolution directing the reconveyance and purchase from the State of MN of certain tax-forfeit land at 2600 Natchez Avenue South. Recommended Action: Adopt the attached resolution directing the reconveyance and purchase from the State of MN of certain tax-forfeit land at 2600 Natchez Avenue South. 8b. First Reading of Ordinance amending City Code Section 8-257, Classification of Food and Beverage Establishments and Food Vending Machines. Proposed ordinance amendment establishing a new license classification and fee for seasonal concession stands. Recommended Action: Motion to approve first reading of an amendment to City Code Section 8-257, establishing a Class S license for seasonal concession food stands and set 2nd reading for July 2, 2007. 8c. Refinancing of 2003B Private Activity Revenue Bond – Park Nicollet Health Services. This report requests that the City Council adopt a resolution authorizing the City Manager to sign an official letter for the IRS acknowledging our consent to PNHS entering into an agreement to lock current interest rates for a refunding bond issue and to approve in principle the refunding transaction which will occur on or before October 1, 2007. Recommended Action: Adopt the attached resolution as drafted by Kennedy & Graven, the city’s bond counsel. 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 JUNE 4, 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 revised Board of Zoning Appeals Bylaws. 4b. Motion to approve Resolution recognizing Nordic Ware Bundt Pan. 4c. Motion to approve a Temporary On-Sale Intoxicating Liquor License for St. Louis Park Friends of the Arts, 6715 Minnetonka Blvd. 4d. Motion to approve premises amendment to On-sale and Sunday intoxicating liquor license for TGI Friday’s of MN, Inc., d.b.a. TGI Friday’s, 5875 Wayzata Blvd. 4e. Motion to approve Resolution for Park Tavern Lounge & Lanes to provide alcohol for the Parktacular Street Dance to be held on June 15, 2007. 4f. Motion to approve a 90-day extension for the Conditional Use Permit and Variances for the Cedar Pointe Redevelopment at 5330 Cedar Lake Road. 4g. Motion to approve Amendment No. 2 to City Agreement No. 4069, between the City and T- Mobile Central LLC (T-Mobile) for Space on the Water Tower at 5100 Park Glen Road for Communications Antenna. 4h. Motion to approve Resolution establishing a special assessment for the repair of the sewer service line at 2943 Zarthan Avenue South, St. Louis Park, MN. 4i. Motion to accept for filing Vendor Claims. St. Louis Park City Council Meeting Item: 060407 - 2a - Congressman Keith Ellison Presentation Page 1 2a. Congressman Keith Ellison Presentation Administrative Services BACKGROUND: Congressman Keith Ellison will be in attendance to make a brief presentation and to talk with Council about the 110th Congress. Prepared and Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 2b - Proclamation Nordic Ware Bundt Pan Page 1 Mayor to read and present proclamation to: David Dalquist, President/CEO and son of founders, and his mother, Dorothy Dalquist, co-founder of company and wife of the late H. David Dalquist PROCLAMATION NORDIC WARE HISTORICAL BUNDT PAN WHEREAS, Nordic Ware is one of St. Louis Park’s oldest and most successful businesses founded in 1946, and WHEREAS, in 1950 Founder H. David Dalquist created the “Bundt Pan” at the request of two Jewish women from the Minneapolis Chapter of Hadassah who wished to have made for them an old-world (German) bund (“a gathering of people”) cake pan, and WHEREAS, in 1966 the Bundt Pan was used in a winning entry (the “Tunnel of Fudge” cake) in the Pillsbury Bake-Off and its popularity soared, and WHEREAS, Nordic Ware has sold approximately 60 million Bundt Pans, the Bundt Pan has become an American icon and Nordic Ware currently manufactures 30 different styles, and WHEREAS, on February 23, 2007, the company’s earliest original Bundt Pans and other well preserved artifacts related to the companies history, were acquired by the American History Museum of the Smithsonian Institute in Washington, D.C., and WHEREAS, Nordic Ware is the story of an American business, in which entrepreneurship and innovation made a great impact on consumer tastes, popular culture and everyday life, and NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park wish to join in congratulating Nordic Ware for its honor and recognition by the American History Museum of the Smithsonian Institute and offer our best wishes for their continued success in the future. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 4th day of June, 2007. ______________________________________ Jeffrey W. Jacobs, Mayor St. Louis Park City Council Meeting Item: 060407 - 3a - Study Session Minutes 051407 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION MAY 14, 2007 The meeting convened at 6:32 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), Public Works Director (Mr. Hunt), Planning & Zoning Supervisor (Ms. McMonigal), Public Works Director (Mr. Rardin), Public Works Coordinator (Mr. Merkley), Community Development Director (Mr. Locke), Finance Director (Mr. DeJong) and Recording Secretary (Ms. Schmidt). Guest: Jessica Vogel, Bob Friddle, Ellerbe Becket; Brian Carey, Duane Spiegle, United Properties. 1. Future Study Session Agenda Planning Mr. Harmening and Council discussed study session agenda planning. Councilmember Omodt suggested having a study session to discuss blanket emails they receive. 2. EDI Project Business Terms and TIF Application Mr. Locke presented the staff report. Mr. Locke stated staff is seeking direction if Council wishes to proceed with the proposed EDI project on the Bass Lake property. Bob Friddle and Jessica Vogel, Ellerbe Becket, presented the site plan for the proposed Eating Disorders Institute (EDI). Councilmember Basill asked the size of the structure on the City’s Remainder Parcel. Mr. Friddle stated the building depicted is about 15,000 square feet. Mr. Locke stated it actually could be more like 20,000 to 25,000 square feet, allowing two levels. Councilmember Sanger asked about the number of story’s the parking ramp could have. Mr. Locke stated you could add more on, it's a projection. Mr. Carey stated design wise they could go taller, which would add 100 stalls with ability to add additional parking if needed on the surface lot. Councilmember Basill asked about the size of southwest corner. Mr. Friddle stated it was envisioned as parkland. Mr. Locke stated it’s 1.3 acres in size. Mr. Carey stated they moved the location of the parking ramp to preserve trees along Belt Line Boulevard. St. Louis Park City Council Meeting Item: 060407 - 3a - Study Session Minutes 051407 Page 2 Mayor Jacobs asked how much parking was shown. Mr. Locke stated 70 stalls of surface and 130 stalls in the structured two-level parking facility. Mayor Jacobs asked if they could soften up the surface parking so it wouldn’t look like a sea of asphalt. Mr. Carey stated they could do some landscaped islands to soften it up. Councilmember Finkelstein asked if the parking footprint was smaller than the earlier version. Mr. Locke stated actually this footprint is larger, but ramp footprint is smaller. Councilmember Sanger stated concern with the visual look of the parking ramp when looking off of Belt Line Boulevard. She suggested the building be rearranged so the parking would be less visible. Mr. Hunt stated the facility was built around the wetland. He stated the building is designed around views of nature for their patients, which is an important part of their healing. Mr. Locke stated staff researched the arrangement and it’s similar to what they’ve presented before, stating they have another option, but didn’t feel it presented as well. Councilmember Finkelstein asked if they could break up surface parking to achieve more green space, stating the earlier version seemed to be more equally dispersed. Mr. Locke asked if they should go into the parkland or not, stating that if they do they would have to follow the new ordinance guidelines. Councilmember Basill stated he liked the second option better. Councilmember Paprocki stated he liked the original view. Mr. Locke stated the Bass Lake property is officially designated for high density residential. He also stated selling it wouldn’t trigger the park land sales ordinance, but selling the park open space would trigger the park land sales ordinance. Councilmember Paprocki asked if they could take the proceeds from land sales to develop commercial property. Mr. Locke stated they could. Councilmember Finkelstein stated he liked the original plan. Mayor Jacobs stated it’s a workable design and would be open to either option. Mr. Hunt stated the Remainder Parcel could be used for private use as well as public use, allowing access to the trailhead parking. Councilmember Sanger would like to put another level on the parking ramp and have less surface parking. Mr. Harmening stated he understands that Council would like to stay off park zoned land and would have staff work with United Properties to come up more ideas to soften it up. Councilmember Omodt asked about the cost difference between option one and two. Mr. Hunt stated the difference in the parking structures was about $300,000. Mr. Carey, United Properties, stated both plans are fairly comparable, stating there would be a large amount of soil correction costs. St. Louis Park City Council Meeting Item: 060407 - 3a - Study Session Minutes 051407 Page 3 Councilmember Basill asked if they could add to the parking ramp at a later date. Mr. Hunt stated yes. Councilmember Basill asked about the civic use. Councilmember Paprocki stated the City could still use the land. Mr. Locke stated they should keep private uses off of the park and the desired preference would be to keep parking as compact as possible. Mr. Hunt presented the proposed Public Redevelopment Costs. Mr. Harmening stated the costs would include beefing up pilings to allow additional parking sufficient to accommodate that use, stating this would also allow the City to use the ramp on evenings and weekends without adding to the ramp. Mr. Hunt stated that the City would be agreeing to share the costs with the developer in terms of the roadway and boulevards, with landscaping and lighting in the middle. He stated the south side has some low hanging wires that they would like to bury at the same time. The cost also includes construction of the trail and the tennis court buy out, along with building the new tennis courts. The overall site prep costs would be about a million dollars that would ultimately go back into the City property. Mr. Hunt stated that approximately $2.1 million would come from the Soils Condition District. He suggested taking approximately $600,000 from the land sale proceeds for the remaining soil correction costs, stating staff is still tweaking numbers. Mr. Harmening stated that when the City sold land guided as park, the land sale proceeds have been saved until the City decides how it wishes to use those funds. He asked what the difference would be between these land sale proceeds and the ones already set aside. Mr. Locke stated it isn’t officially parkland, stating the key use would be to help build something of greater value on the site. He stated they are really reinvesting the dollars back into the site for future investment. Councilmember Basill asked why they wouldn’t lower the price of the property. Mr. Locke stated reduction in the sale price is an option, but they also have an opportunity to create a TIF District to pay for soil correction costs. Mr. Harmening stated a lot of the costs that would be incurred by the City are not TIF eligible dollars. Mr. Hunt agreed. Councilmember Sanger stated concern with going into years of debt for United’s benefit. Duane Spiegle, Park Nicollet, stated because of the subsidies, it makes it affordable for EDI to be on the site, stating it’s important that it make economic sense for them to make the deal. Councilmember Sanger stated it has to make economic sense to the taxpayers as well. Mr. Harmening stated that the City could sell the property and get money for it without having to subsidize the cost of the project. He stated that from a development view, this property is not worth much. Councilmember Sanger suggested the City shouldn’t be paying all the extra money to make it developable. St. Louis Park City Council Meeting Item: 060407 - 3a - Study Session Minutes 051407 Page 4 Councilmember Finkelstein stated there is a great need for the EDI project, stating he is troubled by the use of the land sale proceeds. He asked if it could be restructured without using the land sale proceeds and perhaps adjust the price to make it work. Councilmember Paprocki stated it would basically be recycling the money. Mr. Locke clarified that the land is public land with no tax dollars coming in, stating the deal could be tweaked. Mr. Hunt stated the land sale proceeds they would get would be money the City doesn’t have now and would only come from this site. He stated to sell the property for market value, it’s going to take $2.7 million to cover the soil correction costs. Councilmember Omodt stated residents have asked for this type of project in the public surveys. Councilmember Finkelstein wanted to make sure the proceeds wouldn’t be coming from other land sales. Mr. Locke stated they would not. Councilmember Finkelstein suggested cutting some expenses. Mr. Hunt stated it appears that some expenses are likely to be reduced. Councilmember Sanger stated she thought it would be a lot easier to sell to the public if they knew what would be happening with the civic portion. Mayor Jacobs asked if she would say no to this proposal. Councilmember Sanger stated she would say no at this point. Councilmember Finkelstein stated he would like to see the financing reworked. Mayor Jacobs stated 21 years would be a long TIF. Councilmember Paprocki stated it does accomplish a lot of the goals the residents have been asking for and it they would be providing a world class EDI Center. Mr. Harmening stated the next steps would be to refine the site plan and put together a development contract. 3. Highway 100 Update Mr. Rardin presented the staff report. Mayor Jacobs asked if public notification was required for a traffic study. Mr. Rardin stated the study was for gathering information and public notification was not required. Councilmember Omodt asked how long a traffic study would be good for. Mr. Rardin stated there would be three phases to it and they need to get the current information and then develop a comprehensive plan. He stated there hasn’t been a traffic study done on this location. Councilmember Sanger stated she felt this was the right thing to do. Mayor Jacobs suggested staff to go forward with the traffic study. St. Louis Park City Council Meeting Item: 060407 - 3a - Study Session Minutes 051407 Page 5 4. Solid Waste Program Mr. Rardin presented the staff report. Mayor Jacobs asked about having a disposal area for fluorescent bulbs. Mr. Rardin stated they are requesting if a store sells the bulb to also have a drop off site. Councilmember Sanger asked about a once a month curbside pickup. Mr. Rardin stated it would be cost versus convenience. Councilmember Paprocki stated a curbside pickup might require a hazardous waste transporter, but liked the thought of a bulb disposal return site. Councilmember Sanger asked if they’d have to do an ordinance. Mr. Rardin stated they are requesting it as voluntary. Councilmember Sanger asked if this was something Excel could provide. Mr. Merkley stated it is regulated by the Minnesota Pollution Control Agency (MPCA). Councilmember Basill stated concern for pay-as-you-throw (PAYT) Councilmember Sanger suggested an every other week pickup or a smaller container. Mr. Rardin stated 30-gallon containers are the smallest available and every other week pickup could create rodent problems. Mayor Jacobs stated they would need to educate the residents. Councilmember Sanger asked about “get caught recycling” and if the City was involved with organic recycling. Mr. Rardin stated the school does organic recycling. Councilmember Sanger also suggested adding recycling bins in park. Mr. Rardin stated they’re going out this summer. She also asked if the recycling containers could have lids. Mr. Rardin stated that the bulk of litter comes from improper use of what’s provided not the fact that the containers don’t have lids. Councilmember Paprocki was concerned with PAYT. Councilmember Sanger stated it would be an incentive to pay more attention. Councilmember Omodt stated they should be careful of rewarding less volume but not efficiency. Councilmember Sanger suggested a user fee. Mayor Jacobs stated he would like to see more public process opinions. Councilmember Finkelstein suggested more creative ideas and perhaps an option for canvas bags, encouraging the residents to recycle plastic bags. Councilmember Sanger stated that there have been complaints that the multi-family industrial areas are not recycling. She suggested mandating that they recycle or alternatively show a contract with someone who provides service compatible to what the City would provide. Mr. Rardin stated they are required to recycle and the City would need to provide more public education. Councilmember Omodt suggested using biodegradable doggy bags in the parks. Councilmember Basill suggested the option of storing the containers in the garage until collection day to eliminate litter. St. Louis Park City Council Meeting Item: 060407 - 3a - Study Session Minutes 051407 Page 6 Mr. Harmening asked if staff should put it out to bid, start a RFP, or if Council wished to listen to the proposal Waste Management would like to present. It was the consensus of Council to put it out for bid, stating Waste Management could submit their bid along with the other applicants. Mr. Harmening stated staff would need to start by fall if they want it put out for bids. 5. 2008 Budget Mr. DeJong presented the staff report regarding the 2008 budget planning which has now commenced and the long range financial planning that is now underway. Council discussed a number of issues relating to the budget including permit revenue, the expiration of the pre-79 TIF Districts and its impact on property taxes and other related matters. Mr. Harmening inquired if the Council wanted to see any change in the way the budget has been presented to the Council. No specific changes were requested. Councilmember Paprocki did ask if he would be able to look at specific budget line item worksheets. Mr. DeJong indicated that could be made available to him. Councilmember Omodt and Sanger provided ideas on budget scenarios that could be presented to the Council for their consideration. Councilmember Omodt inquired whether the Council should take a more active roll in managing the budget. Councilmember Basill remarked that when our budget and levy increased above the consumer price index, that the City would need to provide justification to the public Mr. Harmening indicated that the City probably needed to do a better job of communicating with the public on how the City is using their tax dollars. Councilmember Sanger stated more communication is good but that she is not hearing that the City is wasting money. Mayor Jacobs agreed. Mr. Harmening and Mr. DeJong thanked Council for their feedback. Councilmember Sanger asked about the sewer backup report, stating she would like some rewording on the insurance payout section. Mr. DeJong stated homeowners do have the incentive for providing coverage, stating the provided coverage is only in the sewer mains, not in their private service line backups. Councilmember Basill asked if it would affect the long-term price of insurance. Councilmember Finkelstein would like the discussion brought back once the bid from the League comes back. Mr. Harmening stated they have it. Mr. DeJong explained the coverage. Councilmember Sanger asked if the insurance payout would be retro to January 1st. Mr. Harmening stated it would. be. St. Louis Park City Council Meeting Item: 060407 - 3a - Study Session Minutes 051407 Page 7 Councilmember Sanger asked about the wording in the DUKE Preliminary Development Agreements, stating inconsistencies in what was actually said at a previous meeting. Councilmember Omodt had concern with an employee purchasing an excess land parcel. Mr. Harmening stated from a legal perspective it is not a problem, it was a blind bid, and the employee was not involved in the excess land sale process. Councilmember Omodt asked if STEP put in an offer for 7020 Walker. Mr. Harmening stated they have executed a letter of intent. The meeting adjourned at 9:31 p.m. Written Reports provided and documented for recording purposes only: 6. Excess Land Sale/Louisiana Avenue (Housing Authority) 7. DUKE Preliminary Development Agreement 8. Excess Land Multi-Lot Parcels Request for development Proposal 9. Highway 7 & Wooddale Avenue Interchange Project Update 10. Sanitary Sewer Backup Policy Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 060407 - 3b - City Council Minutes 052107 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 21, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: C. Paul Carver. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Public Works Director (Mr. Rardin), Communications Coordinator (Mr. Zwilling), Finance Director (Mr. DeJong), Assistant Planner (Mr. Fulton), Human Resources Coordinator (Ms. Fosse), Police Lieutenant (Mr. Kraayenbrink) and Recording Secretary (Ms. Schmidt). 2. Presentations 2a. Brite Media Advertising Donation Mr. Zwilling noted that Brite Media donated $45,000 worth of advertising space for six months stating St. Louis Park has been recognized as one of the 100 Best Communities in America for Young People. 2b. Public Works Week Proclamation Mayor Jacobs read proclamation proclaiming Public Works Week May 20 – 26, thanking them for all that they do for the City. He stated Public Works provides the infrastructure in the City making it run the way a City should run. 3. Approval of Minutes 3a. City Council Minutes of May 7, 2007 It was noted on page 6, fourth paragraph, second sentence should state: “She stated the complaint calls she received, half were the resident’s concern with the specific placement of a particular pole, and half were those…” The minutes were approved as amended. St. Louis Park City Council Meeting Item: 060407 - 3b - City Council Minutes 052107 Page 2 3b. Study Session Minutes of May 7, 2007 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to approve revised Telecommunication Bylaws adopted May 3, 2007. 4b. Motion to approve amendment to On-sale and Sunday intoxicating liquor license for Applebee’s Neighborhood Grill & Bar, 8332 Highway 7. 4c. Motion to approve a Temporary On-Sale Intoxicating Liquor License for Most Holy Trinity Parish, 4017 Utica Avenue South. 4d. Motion to approve Resolution No. 07-062 directing purchase of a Tax Forfeit Parcel, 2005 Louisiana Ave, relating to the Vacant Land Sale Process. 4e. Motion to approve Second Reading of Ordinance No. 2330-07, vacating a Portion of a Drainage and Utility Easement at 4131 Webster Avenue. 4f. Motion to approve Second Reading of Ordinance No. 2331-07, vacating a Portion of a Drainage and Utility Easement at 2535, 2545 Huntington and 2540 France Avenues. 4g. Consideration of a Preliminary Development Agreement with Duke Realty for its proposed “West End” commercial redevelopment project. 4h. Motion to approve Resolution No. 07-063 allowing a tennis club and terminating a Special Permit at 5525 Cedar Lake Road (Life Time Fitness). 4i. Bid Tabulation: Motion to designate All City Elevator Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $130, 132 for the 2007 City Hall Elevator Modernization Project – Project No. 2008- 1800. 4j. Motion to approve Resolution No. 07-064, establishing a special assessment for the installation of a fire suppression sprinkler system at 3230 Gorham Ave., St. Louis Park, MN 55426. 4k. Bid Tabulation: Motion to reject the bids for the Sanitary Grit Disposal Facility – Project No. 2006-1500. 4l. Bid Tabulation: Motion to designate Midwest Asphalt, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $625,674.09 for the Dakota Avenue Reconstruction and W. 38th Street Rehabilitation, 2007 Municipal State Aid Street Projects – Project No. 2006-1101 and 2006-1102. 4m. Motion to approve payment to School District #283 for an operations grant of $35,000 and a grant of $9,000 for equipment and Junior High video club staffing from Cable TV franchise fees in 2007. 4n. Motion to accept for filing Parks and Recreation Advisory Commission Minutes of March 21, 2007. 4o. Motion to accept for filing Police Advisory Commission Minutes of March 7, 2007. St. Louis Park City Council Meeting Item: 060407 - 3b - City Council Minutes 052107 Page 3 4p. Motion to accept for filing Planning Commission Minutes of April 11, 2007. 4q. Motion to accept for filing Planning Commission Minutes of April 18, 2007. 4r. Motion to accept for filing Planning Commission Minutes of May 2, 2007. 4s. Motion to accept for filing Housing Authority Minutes of April 11, 2007. 4t. Motion to accept for filing Vendor Claims. It was moved by Councilmember Finkelstein, seconded by Councilmember Basill, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Police Officer Union Contract: January 1, 2007 – December 31, 2009. Resolution No. 07-058 Ms. Fosse presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt Resolution No. 07-058, approving a labor agreement between the City and Law Enforcement Labor Services (LELS) Local #206, establishing terms and conditions of employment for three years, from 1/1/07 – 12/31/09. The motion passed 6-0. 8b. 2849 Jordan Avenue South – Preliminary and Final Plat and Subdivision Variance. Resolution No. 07-059 Mr. Fulton presented the staff report. Steve Smedberg, 2849 Jordan Avenue South, stated they are proposing minimal impact for that corner. Councilmember Sanger asked if it was Mr. Smedberg’s intent to develop it for just one house. Mr. Smedberg stated yes. Councilmember Sanger asked if he had drawings. Mr. Smedberg stated he doesn’t have any plans, but basically wants a low impact house that would blend into the site with a more natural setting. He stated his intent is to not cut any trees if at all possible. St. Louis Park City Council Meeting Item: 060407 - 3b - City Council Minutes 052107 Page 4 Councilmember Sanger asked why the City would need access to the lake for maintenance, stating it should be the property owner’s responsibility to maintain it. Ms. McMonigal stated the DNR controls the water. Mr. Scott stated if the lake was to ever dry up, the underlying land owners would be responsible for maintenance of the lake bed. Councilmember Sanger asked why the public couldn't have access to the lake. Mr. Fulton stated the deeded lot from the applicant may lend itself to the City at some point in the future, stating it hasn’t been part of this discussion. Councilmember Sanger stated it wouldn’t be precluded. Mr. Fulton stated correct. Councilmember Sanger stated concern with the variance eliminating the sidewalk. She asked if they could have an allowance for a sidewalk, stating it doesn’t have to be built today, but reserving the right to require it be built in the future if the need arises. Mr. Fulton stated the platting does not preclude future construction of the sidewalk, stating it would be a go nowhere sidewalk. Councilmember Finkelstein stated the school didn’t want to encourage students walking across the tracks. Councilmember Sanger stated concern with the children living around the lake potentially having to cross the tracks. Councilmember Omodt asked if the City had plans to do any clean up or maintenance on the lake. Mr. Fulton stated there wasn’t any discussion on this water during this proposal. Councilmember Omodt asked if staff was planning to grant access to the water in the future. Mr. Fulton stated nothing was planned at this point. Mr. Harmening stated the City has no subsequent plans to do anything with the water. Councilmember Omodt asked for some sort of proof requesting a walking space be established and felt it could be a safety issue. Mr. Fulton stated staff’s concern was that the sidewalk would end as an entrance ramp with nowhere to go. Mr. Harmening stated the property to the north would be deeded to the City versus going all the way back to the cul de sac. Mr. Harmening stated it could be built, but Council needed to decide if that’s where it wanted to devote the resources. Councilmember Omodt asked Mr. Fulton if walking to school was an issue brought up at the neighborhood meeting. Mr. Fulton stated it was not. Councilmember Omodt asked if it was a buildable lot. Mr. Fulton stated a portion of the lot appears to be buildable. Councilmember Paprocki reminded Council that the sidewalk would end with a steep slope ending in wetland. Councilmember Finkelstein reminded Council the previous owner had visions of putting in townhomes, stating it would be a way to ensure it wouldn’t be subdivided. St. Louis Park City Council Meeting Item: 060407 - 3b - City Council Minutes 052107 Page 5 Councilmember Sanger asked if by granting this subdivision, could they provide a provision guaranteeing a single house. Mr. Fulton stated neither Outlot A nor Lot 1 could be divided; however, Lot 2, if the house were sold, could be subdivided. Councilmember Finkelstein asked if they could add it as a condition. Mr. Scott stated they could not. Councilmember Basill reminded Council this was what they were looking for. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to adopt Resolution No. 07-059, approving the preliminary and final plat of Hannon Lake Addition for property at 2849 Jordan Avenue South with a subdivision variance for sidewalk construction. The motion passed 6-0. 8c. Motion to adopt the attached resolution approving a Sanitary Sewer Backup Policy. Resolution No. 07-060 Mr. DeJong presented the staff report. Councilmember Finkelstein asked if the City would be responsible for all payments until it reached $150,000. Mr. DeJong stated everything would be covered under that deductible amount. Councilmember Sanger wanted to clarify that it is insurance coverage if the sewer backup is in a City owned back up line, not a private line. Mr. DeJong stated there would be no coverage provided for those in the private service lines. Councilmember Paprocki asked for clarification, would the City have an insurance payout if the City is negligent and in new claims where they are not negligent, but are in the City line. Mr. DeJong stated it would be a no-fault type coverage. Councilmember Paprocki asked if there were any other instances where the City is not negligent, but the City would pay for damages. Mr. DeJong stated he did not believe so. Councilmember Paprocki asked if the deductible would be reached more often because of the increased payouts. Mr. DeJong stated it’s possible it would happen. Councilmember Paprocki asked if there was any incentive for residents to have insurance. Mr. DeJong stated the coverage does not cover private service lines. Councilmember Sanger stated her support, stating they are fortunate there hasn’t been a huge number of the backups. Councilmember Basill suggested educating the community. St. Louis Park City Council Meeting Item: 060407 - 3b - City Council Minutes 052107 Page 6 Mr. Rardin stated that City service lines are underneath street. The private service lines, both water and sewer are from the house and hooks into City line underneath the street. Councilmember Finkelstein stated concern with the City’s aging infrastructure, stating it may affect insurance rates and it may need to be revisited at a later date. Councilmember Basill agreed. Councilmember Paprocki stated concern with using reserves to pay for this, stating they would need to raise rates and would be using up the deductible more often. He felt the City should not get involved with this policy. Mr. DeJong stated the cost averages out to about $1.40 per connection per year. Councilmember Basill stated $1.40 would be worth it, stating that certain insurance carriers do not supply enough coverage or coverage at all in some cases. It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt Resolution No. 07-060, approving the sanitary sewer backup policy and authorizing staff to purchase insurance from the League of Minnesota Cities Insurance Trust. The motion passed 5-1 (Councilmember Paprocki opposed). 8d. Request for Conditional Use Permit by the City of St. Louis Park to permit the placement of approximately 3,000 cubic yards of fill material to construct four additional tennis courts at Aquila Park. Resolution No. 07-061 Ms. McMonigal presented the staff report. It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt Resolution No. 07-061, approving a Conditional Use Permit to allow the placement of approximately 3,000 cubic yards of soil in the Aquila Park subject to conditions included in the resolution. The motion passed 6-0. 9. Communications Mayor Jacobs thanked the City staff and the dozens of public and private volunteers for the successful Ice Cream Social event held on May 20th along with a park bench dedication for Jim Rhodes at Wolf Park. He also stated “The Monument” by Gary Paulson was unveiled as the Bookmark in the Park. He recommended reading “Harriet’s Recital” and “Loudmouth George and the Cornet” with your kids. Mayor Jacobs reminded everyone of the Memorial Day Celebration Monday, May 28 at 11:00 a.m. at Wolf Park. Councilmember Omodt was asked by the AAU to thank City staff and volunteers for their help with the weekend tournament. St. Louis Park City Council Meeting Item: 060407 - 3b - City Council Minutes 052107 Page 7 10. Adjournment The meeting adjourned at 8:38 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park Council Meeting Item: 060407 - 4a - Board Of Zoning And Appeals Bylaws Page 1 4a. Motion to approve revised Board of Zoning Appeals Bylaws. BACKGROUND: The Board of Zoning Appeals (BOZA) modified their bylaws to make them consistent with the Council’s Rules and Procedures for Boards and Commissions, adopted on September 18, 2006. The modifications to the bylaws were minor and were formally adopted at the Board’s May 24, 2007 meeting. While the Council is not required to take formal action on the BOZA bylaws, by ordinance, Council has 30 days to modify the adopted bylaws. Placing this item on the agenda provides an opportunity for Council to review the bylaws and to provide feedback if so deemed. Staff has reviewed the bylaws and found them to be consistent with Chapter 2, Article IV of the City Code on Boards and Commissions and the Council’s Rules and Procedures for Boards and Commissions. RECOMMENDATION: Staff recommends Council make a motion to approve the bylaws as adopted by the St. Louis Park Board of Zoning Appeals on May 24, 2007. Attachments: Board of Zoning Appeals Bylaws Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060407 - 4a - Board Of Zoning And Appeals Bylaws Page 2 BYLAWS OF THE ST. LOUIS PARK BOARD OF ZONING APPEALS Article I — The Board 1.1 Name of Board. The name shall be, THE BOARD OF ZONING APPEALS, ("Board" or "BOZA"). 1.2 Powers. The powers of the Board shall be vested in the Board members (“Members” or “Commissioners”). Article II — Officers 2.1 Officers. The officers of the Board shall be Chair and Vice Chair. 2.2 Chair. The Chair shall preside at all meetings of the Board. The Chair shall have the same voting rights as any other Member and may take an active role in the debate of all matters, except where such matters involve the Chair. 2.3 Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence, incapacity, or resignation of the Chair, who shall serve until the Board elects a new Chair. In the event that the Board elects the Vice Chair to serve as Chair, the Board shall then elect a Member to fill the Vice Chair vacancy. 2.4 Absence. In the absence of the Chair, and Vice Chair, meetings shall be conducted by the most senior Member present in terms of service. 2.5 Staff Liaison. A Staff Liaison (“Liaison”) to the Board shall be appointed by the City Manager and shall be subject to the Administrative Rules and Regulations of the City. The Liaison may facilitate or assist in the meetings and shall be responsible for recording attendance of Board members. The Liaison is responsible for keeping the City Manager informed regarding the business of the Board and shall communicate to the City Manager any problems or issues that may arise. The Liaison shall also be responsible for assisting the Board in considering their financial needs and, if deemed necessary by the Board, shall request appropriate funding from the City Council through the annual budget process. 2.6 Delegation of Duties. Officers may delegate their respective duties imposed under these Bylaws to other personnel as the Board may from time to time deem appropriate. Article III — Election of Officers 3.1 Election of Officers. The Chair and Vice Chair shall be elected from the Board by its Members at the regular meeting in December of each year, or as shortly thereafter as possible. Nomination of officers shall be made from the floor at the annual organizational meeting, and the elections shall follow immediately thereafter. St. Louis Park Council Meeting Item: 060407 - 4a - Board Of Zoning And Appeals Bylaws Page 3 3.2 Terms of Office. The Chair and Vice Chair shall take office immediately following their election. Terms of office shall be for one (1) year and shall run from January 1st through December 31st of each year, or until a duly elected successor takes office. Persons holding the position of the Chair and Vice-Chair cannot be reelected to the same position until the election next following the election marking the end of their current term. 3.3 Vacancies. Should the office of Chair or Vice-Chair become vacant, the Board shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Article IV — Meetings 4.1 Meetings. All meetings of the Board shall be conducted in accordance with the Minnesota Open Meeting Law. The proceedings of the meetings shall be conducted using the then current edition as may have been revised of the Sturgis Code of Parliamentary Procedure. 4.2 Annual Meeting. The annual meeting of the Board shall be the regular meeting in December at which time elections will be held and the schedule of regular meetings for the following year will be considered. 4.3 Regular Meetings. The Board may The Board may, by a majority vote, change the regular meeting dates for any reason provided proper public notice of the changed meeting is provided to the public. All regular meetings are held on the fourth (4) Thursday of every month at 6:00 p.m. 4.4 Holidays. The Board shall hold regular meetings as set forth in Section 4.3. Provided however, that when the day fixed for any regular meeting of the Commission falls upon any of the following holidays: Ash Wednesday, Hanukkah, Christmas, Veterans Day, Independence Day, Thanksgiving Day, President’s Day, Martin Luther King Jr. Day, New Year's Day, Passover (first two nights), Rosh Hashanah, and Yom Kippur, such meeting shall be held at the same hour on the next succeeding Tuesday not a holiday. (For Hanukkah, Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the holiday.) All regular meetings of the Board shall be held in the City Hall of the City or other public building as noticed. 4.5 Special Meetings. Special meetings of the Board may be called by the Chair or two (2) Board members, or by the City Council, for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The Liaison must deliver to the Board at least three (3) days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all Board members attend and participate in the meeting at which the special meeting was called these notice requirements are not necessary. The presence of a Board member at the meeting at which the special meeting was called shall constitute a waiver of any St. Louis Park Council Meeting Item: 060407 - 4a - Board Of Zoning And Appeals Bylaws Page 4 formal notice unless the Board member appeared for the special purpose of objecting to the holding of the special meeting. Notice of the date, time, place and purpose of a special meeting must also be posted by the Liaison on the principal bulletin board at the city hall at least three (3) days prior to the date of the meeting. 4.6 Emergency Meetings. An emergency meeting may be called by the Chair due to circumstances which require immediate consideration. The Liaison shall notify Board members by any means available. A good faith effort shall be made to provide notice of the meeting to any news medium that has filed a written request for notice of meetings. The notice shall include the purpose of the meeting. 4.7 Quorum. The presence of a majority of all currently appointed Members of the Board shall constitute a quorum for the purpose of conducting business, exercising its powers and for all other purposes. In the event a quorum is not present, a smaller number of Members may meet informally to discuss the business of the Board and make informal recommendations, but, the only formal action that shall be taken is to adjourn the meeting. 4.8 Voting. Voting shall be by voice or hand and must be recorded. Voting by proxy is not permitted. Article V — Hearings 5.1 Authority to Conduct Hearings. In addition to those required by law, the Board may at its discretion hold public hearings when it declares such hearings will be in the public interest. 5.2 Publication of Notice. In the event of a public hearing, notice of such hearing shall be published in the official newspaper of the municipality not less than ten days before. 5.3 Meeting Notice. Notice to the applicant or directly affected parties, by mail, shall be given not less than five days prior to the date of the hearing. 5.4 Presenting the Case. The case before the Board shall be presented in summary by the appropriate City Staff person or a designated Member of the Board and parties in interest shall have privilege of the floor thereafter. 5.5 Postpone/Continue Hearing. The Board may postpone any case or continue any case for further study and information until the next regular meeting or until a special meeting designated for this purpose. Article VI — -Agenda and Records of Proceedings 6.1 Agenda Preparation. The agenda for regular and special meetings of the Board shall be prepared by the Liaison. Items to be placed on the agenda may be proposed by the Chair, a Board member, the Liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact individual board members or the Liaison to request that an item be placed on the agenda for consideration. All agenda St. Louis Park Council Meeting Item: 060407 - 4a - Board Of Zoning And Appeals Bylaws Page 5 topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the Board. 6.2 Order of Business. The order of business shall be as follows: 1. Roll 2. Approval of Minutes 3. Consent Agenda 4. Public Hearing 5. Old Business 6. New Business 7. Communications 8. Miscellaneous 9. Adjournment 6.3 Approval of the Agenda. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 6.4 Addressing the Board. Each person addressing the Board shall, if requested by the Presiding Officer, step up in front of the podium provided for such purpose, shall give his name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his remarks to five minutes. At the discretion of the Presiding Officer, those addressing the Board may be allowed to position themselves in other areas of the room. All remarks should be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either director or through a member of the Board, without the permission of the Presiding Officer. No question shall be asked a Board member except through the Presiding Officer. 6.5 Record of Proceedings. All minutes and resolutions shall be in writing and shall be copied in the journal of the proceedings of the Board. Records shall be kept in accordance with Minnesota Statutes and Rules regarding preservation of public records and the Minnesota Data Privacy Act. Article VII — Attendance and Performance of Duties 7.1 Attendance. Regular attendance at meetings is a requirement for continued membership. Members are expected to attend regular and special Board meetings and assigned committee meetings. Planned absences communicated to the Board Chair, Vice Chair and/or Liaison in advance of the meeting will be deemed excused. Any other absence will be deemed unexcused. The Board will approve and record the approval of all excused and unexcused absences. 7.2 Reporting. Council will be informed if a Member receives three unexcused absences in any calendar year. Members may be removed with or without cause by City Council. St. Louis Park Council Meeting Item: 060407 - 4a - Board Of Zoning And Appeals Bylaws Page 6 7.3 Performance of Duties. Members are expected to adequately prepare for meetings. Members unable to complete an assigned task should notify the Board Chair as soon as possible. The Board may ask the Council to review a Member's appointment based upon its assessment of significant non-performance of duties. 7.4 Resignation. When a Member resigns, the Liaison shall contact the Administrative Services Department and forward a copy of any correspondence that may have been received. Administrative Services will then initiate recruitment to fill the vacant position. A Member may continue to serve beyond their expiration date until a successor is appointed. Article VIII — Board Activities 8.1 City Council Annual Report. The Board will submit an annual report to the City Council summarizing the activities for the past year. The report may highlight issues of concern and other information the Board feels appropriate to convey to the City Council. 8.1a The Liaison will prepare the report for approval by the Board. Members may submit signed addenda presenting alternative conclusions or perspectives. 8.1b The report shall be submitted by February 1 or as soon thereafter as possible. Article IX — Bylaws and Rules 9.1 Amendments. These Bylaws may be amended at any regular or special meeting by a majority vote of the quorum or Members present after notices, in writing, containing the form of the section as it will appear if amended as proposed, shall have been given at least five (5) days prior to the meeting at which such vote will be taken. Such Bylaws and any amendments shall be deemed to be approved by the City Council unless the City Council takes action to modify such Bylaws or amendments within 30 days after submission. Amendments to these procedures can only be considered at a regular meeting. 9.2 City Council’s Rules and Procedures for Boards and Commissions. These Bylaws are subject to the City Council’s then current Rules and Procedures for Boards and Commissions and the then current Chapter 2, Administration, the St. Louis Park City Code. St. Louis Park City Council Meeting Item: 060407 - 4b - Nordic Ware Bundt Pan Resolution Page 1 RESOLUTION NO. 07-____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE ACQUISTION OF THE NORDIC WARE BUNDT PAN BY THE AMERICAN HISTORY MUSEUM OF THE SMITHSONIAN INSTITUTE, WASHINGTON, D.C. WHEREAS, Nordic Ware is one of St. Louis Park’s oldest and most successful businesses founded in 1946, and WHEREAS, in 1950 Founder H. David Dahlquist created the “Bundt Pan” at the request of two Jewish women from the Minneapolis Chapter of Hadassah who wished to have made for them an old-world (German) bund (“a gathering of people”) cake pan, and WHEREAS, in 1966 the Bundt Pan was used in a winning entry (the “Tunnel of Fudge” cake) in the Pillsbury Bake-Off and its popularity soared, and WHEREAS, Nordic Ware has sold approximately 60 million Bundt Pans, the Bundt Pan has become an American icon and Nordic Ware currently manufactures 30 different styles, and WHEREAS, on February 23, 2007, the company’s earliest original Bundt Pans and other well preserved artifacts related to the companies history, were acquired by the American History Museum of the Smithsonian Institute in Washington, D.C., and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, wish to join in congratulating Nordic Ware for its honor and recognition by the American History Museum of the Smithsonian Institute and offer our best wishes for their continued success in the future. Reviewed for Administration: Adopted by the City Council June 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 060407 - 4c - Temporary Liquor License Friends of the Arts Page 1 4c. Motion to approve a Temporary On-Sale Intoxicating Liquor License for St. Louis Park Friends of the Arts, 6715 Minnetonka Blvd. BACKGROUND: The St. Louis Park Friends of the Arts has applied for a temporary liquor license for the opening gala of Our Town: Faces & Places. It is a community photo exhibit celebrating the rich cultural landscape of St. Louis Park. The event will be held at Alloggio Art & Frame located at 3715 Grand Way on Thursday, June 7, 2007 from 6 pm - 9 p.m. Staff has administratively approved all required permits for the event, with the exception of the Liquor License which must be approved by Council. The opening gala will include food, drinks, and music. It will be an intriguing and fun collection of more than 100 photographs, all taken in St. Louis Park by seventeen residents ranging in age from 14 to 69. Their striking images of faces and places in St. Louis Park will deepen viewers’ understanding and appreciation of this lively, changing community. The Police Department has run a background investigation on the main principals and has found no reason to deny the temporary license. RECOMMENDATION: The applicant has met all requirements for issuance of the license and staff is recommending approval. Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 4d - TGI Fridays Premises Liquor License Amendment Page 1 4d. Motion to approve premises amendment to On-sale and Sunday intoxicating liquor license for TGI Friday’s of MN, Inc., d.b.a. TGI Friday’s, 5875 Wayzata Blvd. BACKGROUND: TGI Friday’s of MN, Inc., d.b.a. TGI Friday’s, located at 5875 Wayzata Blvd, has made request to the City of St. Louis Park for an amendment to their on-sale intoxicating liquor license to add an addition to the outdoor patio on their premises. The proposed patio is approximately 200 sq. ft. and will include seating for a total of 15 tables which accommodates 63 seats. The Inspections Department has reviewed their application and all food licensing requirements have been met. City Ordinance Section 3-68 (a) states each liquor license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises described in the license. City Ordinance Section 3-106 states proposed enlargement or substantial alteration which changes the character of the licensed establishment or extension of a premises previously licensed shall not be allowed unless the city council approves an amendment to the liquor license. RECOMMENDATION: The applicant has met all requirements for a premises amendment to their current on-sale and Sunday intoxicating liquor licenses and staff is recommending approval. Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 4e - Parktacular Street Dance Park Tavern Page 1 4e. Motion to approve resolution for Park Tavern Lounge & Lanes to provide alcohol for the Parktacular Street Dance to be held on June 15, 2007. BACKGROUND: The Parktacular Community Celebration will now include a Street Dance Event to be held June 15th with gates opening 5:00 p.m. and closing 10:00 p.m. at the Excelsior & Grand Towne Green. Park Tavern has donated $5,000 and will be sponsoring the Street Dance which includes entertainment, food, and a Beer Garden. Along with food and soda, they will be selling adult beverages to anyone 21 years of age and older in an area to be fenced off as shown in the attached map. The hours when alcohol will be available is from 5:00 p.m. – 9:00 p.m. Park Tavern will be providing staff to check ID’s and wrist bands to assure no alcohol will be sold to minors. Police officers will also be on duty at the event. Gate fee tickets and Parktacular buttons will be sold at the two entrances and many volunteers will be monitoring crowd control along with a “dump bucket” at each entrance/exit. After the 10:00 p.m. closing time of the Street Dance, the area will be cleaned. As stated by MN Statute 340A.404 Subd. 4. (b) regarding community festivals, the governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. The authorization shall specify the area in which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 to cover the event. Park Tavern currently holds an on-sale intoxicating liquor license and all insurance requirements have been met. RECOMMENDATION: Park Tavern has been a valuable asset to the city and community for many years, has met all requirements to provide alcohol at the Parktacular Street Dance, and staff is recommending approval. Attachments: Map of Parktacular Street Dance Resolution Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 4e - Parktacular Street Dance Park Tavern Page 2 St. Louis Park City Council Meeting Item: 060407 - 4e - Parktacular Street Dance Park Tavern Page 3 RESOLUTION NO. 07-_____ RESOLUTION APPROVING AUTHORIZATION OF PARK TAVERN LOUNGE & LANES, 3401 LOUISIANA AVE S TO DISPENSE INTOXICATING LIQUOR OFF PREMISES AT THE PARKTACULAR STREET DANCE HELD ON JUNE 15, 2007 AT THE EXCELSIOR & GRAND TOWNE GREEN IN THE CITY OF ST. LOUIS PARK WHEREAS, Minnesota Statutes Chapter 340A and St. Louis Park Ordinance Code Chapter 3, provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety: and WHEREAS, Minnesota Statute 340A.404 Subd. 4. (b) regarding community festivals, states the governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality; and WHEREAS, the 2007 Parktacular event is an annual celebration with many sponsors and volunteers promoting a spirit of pride, a sense of community and an atmosphere of celebration for all residents of the City of St. Louis Park; and WHEREAS, Park Tavern Lounge & Lanes, 3401 Louisiana Ave. S. currently holds an on-sale intoxicating liquor license and will be sponsoring the Parktacular Street Dance featuring entertainment, food, beer garden, and staff to assure no alcohol will be sold to minors by checking identification and the use of wrist bands. NOW THEREFORE BE IT RESOLVED, that the City of St. Louis Park City Council authorizes Park Tavern Lounge & Lanes, 3401 Louisiana Ave. S. to dispense intoxicating liquor off premises at the Parktacular Street Dance to be held June 15, 2007 from the hours of 5:00 p.m. – 9:00 p.m. at the Excelsior & Grand Towne Green. Reviewed for Administration: Adopted by the City Council June 4, 2007 City Manager Mayor Attest: ___________________________________ City Clerk St. Louis Park City Council Meeting Item: 060407 - 4f - Cedar Pointe CUP & VARs Time Extension Page 1 4f. Motion to approve a 90-day extension for the Conditional Use Permit and Variances for the Cedar Pointe Redevelopment at 5330 Cedar Lake Road. BACKGROUND: JMW Development received a Conditional Use Permit and Variances to construct a 12,182 square foot retail building at 5330 Cedar Lake Road on June 5, 2006. The City Code allows the applicant one year to act upon the project approvals. The developer requests a 90-day extension of the approvals. ANALYSIS: Due to an existing tenant lease that expires November 30, 2007, the developer has not been able to begin demolition and redevelopment of the site. The developer is still pursuing redevelopment, has prospective tenants, and is preparing a building permit application. The 90-day extension would expire September 3, 2007. This should be adequate time to complete the building permit process. Issuance of a building permit demonstrates adequate progress to sustain the CUP and Variance approvals. However, the demolition of the existing building would not begin until December 1, 2007. RECOMMENDATION: Staff recommends approval of the application for a 90-day extension for the Conditional Use Permit and Variances granted for the Cedar Pointe Redevelopment Project at 5330 Cedar lake Road. Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 4g - Amendment to T-Mobile Agreement Page 1 4g. Motion to approve Amendment No. 2 to City Agreement No. 4069, between the City and T-Mobile Central LLC (T-Mobile) for Space on the Water Tower at 5100 Park Glen Road for Communications Antenna. BACKGROUND: In June 1996, the City negotiated an antenna lease agreement with American Portable Telecom, successor-in-interest T-Mobile, for placement of a communications antenna on our water tower located at 5100 Park Glen Road. In September 1996, Amendment No. 1 to the Agreement was approved to address revised equipment storage locations inside the tower, related utility charges, and revised lease rent. The agreement was for four renewable 5-year terms. The lease is currently in its 3rd term with an annual rent amount of $13,489.50. T-Mobile currently has six (6) antennas on the water tower 125 feet above the ground. T-Mobile has requested adding one (1) additional E911 GPS antenna for emergency services. The new antenna is proposed to be placed on the water tower 25 feet above the ground. EVALUATION: As specified in our agreement, this equipment shall be installed and operated in a manner which does not cause interference or otherwise impair the quality of the communications services being rendered by the following higher priority users: (1) CITY; (2) public safety agencies including law enforcement fire, and ambulance services, that are not part of the CITY; and (3) other governmental agencies where use is not related to public safety. Being that this antenna is for emergency purposes the annual rent increase is proposed to be a nominal fee of $250.00 per year to cover future expected City costs (i.e., removal & replacement for tower painting). RECOMMENDATION: The City Attorney and staff prepared the attached Amendment No. 2 to the Water Tower Lease Agreement Contract No. 4069 and recommend their approval. Attachments: Amendment No. 2 to Contract No. 4069 Prepared by: Scott Merkley, Public Works Coordinator Through: Mike Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 4g - Amendment to T-Mobile Agreement Page 2 CITY OF ST. LOUIS PARK AMENDMENT NO. 2 TO WATER TOWER LEASE AGREEMENT CONTRACT NO. 4069 (T-Mobile Site # A1P0022A St. Louis Park / Park Glen) THIS AMENDMENT NO. 2 to Water Tower Lease Agreement (this “Amendment”) is entered into as of the _____________ day of _______________, 2007, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as LANDLORD”, and T-MOBILE CENTRAL LLC , a Delaware limited liability company, successor-in-interest to AMERICAN PORTABLE TELECOM, a Delaware corporation hereinafter referred to as “Tenant”. WHEREAS, Landlord and Tenant entered into that certain Water Tower Lease Agreement dated September 3, 1996 (the “Agreement”); and WHEREAS, Landlord and Tenant desire to amend the Agreement to add one additional antenna for the purpose of E911 support; and WHEREAS, Landlord and Tenant hereby express their mutual desire and intent to amend the Agreement. NOW THEREFORE BE IT RESOLVED in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, Landlord and Tenant hereby agree as follows: 1. Landlord and Tenant hereby acknowledge and agree that one additional antenna will be installed on the Water Tower at the location 180˚ (south facing) at a approximate height of 25’ above ground, as shown on the attached Exhibit “A” (1/29/07 plan revision). 2. Paragraph 3(A) of the Agreement is amended to include the following: The current Rent will increase by Two Hundred and 50/100 Dollars ($250.00) per year during the current term of the agreement. In subsequent terms of the agreement, the $250.00 annual fee will be subject to the same increase percentage as is listed within said Agreement. 3. The color of the antenna and any equipment placed on the City's water tower shall at all times be painted and maintained, at the Tenant's expense, to match the color of the water tower or a color selected by the City's Director of Public Works. 4. The Tenant shall remove and dispose of all non-operating equipment on the site at the time the new antenna is installed. If equipment removal is needed the Tenant will be responsible for paying the cost of the consultant, hired by the City, to inspect the removal and restoration to ensure work is done to City standards. St. Louis Park City Council Meeting Item: 060407 - 4g - Amendment to T-Mobile Agreement Page 3 5. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall take precedence. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified, remains in full force and effect, and is incorporated and restated herein as if fully set forth at length. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. IN WITNESS WHEREOF, the parties below have caused this Amendment to be executed as of the date first written above. CITY OF ST. LOUIS PARK T-MOBILE CENTRAL LLC ___________________________________ Jeffery W. Jacobs, Mayor By___________________________ ___________________________________ Its ___________________________ Tom Harmening, City Manager By ___________________________ Its ___________________________ Attest: __________________________________ Nancy Stroth, City Clerk St. Louis Park City Council Meeting Item: 060407 - 4h - Service Line Repair 2943 Zarthan Page 1 4h. Motion to approve Resolution establishing a special assessment for the repair of the sewer service line at 2943 Zarthan Avenue South, St. Louis Park, MN. BACKGROUND: Judy Swanson, owner of the single family residence at 2943 Zarthan Avenue South has requested the City to authorize the repair of the sewer service line for his/her home and assess the cost against the property in accordance with the City’s special assessment policy. ANALYSIS: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $6,650.00. Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 4h - Service Line Repair 2943 Zarthan Page 2 RESOLUTION NO. 07-____ RESOLUTION AUTHORIZING THE REPAIR AND SPECIAL ASSESSMENT OF THE SEWER SERVICE LINE AT 2943 ZARTHAN AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owner at 2943 Zarthan Avenue South has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 2943 Zarthan Avenue South and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $6,650.00. 4. The total special assessment against the property has been determined to be $6,650.00. 5. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 6. The Property Owner has agreed to pay the City for the cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of the 20 year Treasury bill rate on November 1, 2007 plus 1%. 7. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council June 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 1 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 2 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 3 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 4 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 5 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 6 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 7 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 8 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 9 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 10 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 11 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 12 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 13 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 14 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 15 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 16 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 17 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 18 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 19 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 20 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 21 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 22 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 23 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 24 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 25 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 26 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 27 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 28 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 29 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 30 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 31 St. Louis Park City Council Meeting Item: 060407 - 4i - Vendor Claims Page 32 5a. Reappointment of Youth Citizen Representative to the St. Louis Park Human Rights Commission. Recommended Action: Motion to reappoint a youth citizen representative to the St. Louis Park Human Rights Commission. BACKGROUND: Dalton Shaughnessy is a youth citizen representative on the St. Louis Park Human Rights Commission who was first appointed on August 21, 2006. His term expires on August 31, 2007. Mr. Shaughnessy has served the Human Rights Commission well and staff supports his request for reappointment. Terms for youth on the Human Rights Commission are for one year; if reappointed Mr. Shaughnessy’s term would expire on August 31, 2008. RECOMMENDATION: It is recommended that Council make a motion to: • Reappoint youth citizen representative, Dalton Shaughnessy, to serve on the St. Louis Park Human Rights Commission until August 31, 2008. Prepared By: Nancy Stroth, City Clerk Approved By: St. Louis Park City Council Meeting Item: 060407 - 8a - Resolution Reconvey Vacant Land 2600 Natchez Page 1 8a. Motion to approve Resolution to Reconvey and Purchase a Portion of a Tax Forfeit Parcel at 2600 Natchez relating to the Vacant Land Sale Process This report requests that the City Council approve a resolution directing the reconveyance and purchase from the State of MN of certain tax-forfeit land at 2600 Natchez Avenue South Recommended Action: Adopt the attached resolution directing the reconveyance and purchase from the State of MN of certain tax-forfeit land at 2600 Natchez Avenue South. BACKGROUND: On December 5, 2005 the Council determined that certain parcels of vacant land should be developed for single family homes. Staff was directed to prepare these parcels for sale for the development of single family homes. The tax forfeit parcels require approval by the state and county before they can be purchased by the City; and, then re-sold as single family home sites. The state and county have now approved the sale of a portion of the tax forfeit vacant land located at 2600 Natchez Ave S. The title on this property was complicated by historically incorrect legal descriptions and inaccuracies in recording. Consequently, the administrative steps to reconvey and purchase the parcel has been on hold until now. The title is now correct, and the parcel is ready for reconveyance and purchase. This is the final tax forfeit property identified through the Excess Land Process to be reconveyed. PROCESS: The portion to be reconveyed and sold for a single family home is shown as Parcel A on the attached survey of 2600 Natchez. The remainder of the parcel, including the wetland, will be retained as tax forfeit property for the public purpose of open space. The County has indicated the purchase cost will be $123,000 for this parcel, plus standard transfer costs that include Assurance Fees, State Deed Preparation Fee, Filing Fees and State Deed Tax. The appraised value of this parcel was also $123,000. The Development Fund would be the funding source for this purchase, and will be reimbursed when the parcel is sold to an individual. Because this property is being sold through the County as tax forfeited property, the County is required to share the proceeds from the land sale with the City. The City’s share of the County land sale proceeds will be approximately half the purchase costs, or $61,500. The City will sell the property through a bid process. Any sale proceeds in excess of the purchase price paid to the County will accrue to the City. Staff anticipates the sale price for the 2600 Natchez parcel will meet or exceed the appraised value. The City Council action sought is to approve the resolution to reconvey and purchase a portion of the 2600 Natchez parcel from the state, which is the entity that holds the deed to tax forfeit parcels. The resolution is attached. 2600 Natchez Ave S St. Louis Park City Council Meeting Item: 060407 - 8a - Resolution Reconvey Vacant Land 2600 Natchez Page 2 NEXT STEPS: Following approval of the resolution staff will take the following actions. • Submit the required paperwork to the state and county. The legal requirements for this acquisition includes: a certified copy of the City Council’s resolution directing purchase of the parcels, payment, and a cover letter stating intention to purchase. • Following the City’s purchase of the parcel, the City will Quit Claim the parcel to the St. Louis Park Housing Authority for sale to a private individual/builder. The City Council delegated the Housing Authority with the responsibility of actual sale of the vacant parcels for single-family homes. • The Bidding/Sale process will be implemented to sell the parcel to an individual/developer for building single family homes. • Staff will proceed with these steps upon Council approval of the attached Resolution. RECOMMENDATION: Staff recommends the City Council approve the resolution directing the reconveyance and purchase from the State of Minnesota of certain tax-forfeited land at 2600 Natchez Avenue South, St. Louis Park, Minnesota. Attachment: 2600 Natchez Ave Survey Resolution directing the reconveyance and purchase from the State of MN of certain tax-forfeit land at 2600 Natchez Avenue South Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 8a - Resolution Reconvey Vacant Land 2600 Natchez Page 3 2600 Natchez Ave South. Parcel A (highlighted) to be reconveyed and purchased. Remaining portion to remain as tax forfeit property for public purpose of open St. Louis Park City Council Meeting Item: 060407 - 8a - Resolution Reconvey Vacant Land 2600 Natchez Page 4 RESOLUTION NO. 07-_____ RESOLUTION DIRECTING THE RECONVEYANCE TO THE STATE OF MINNESOTA AND DIRECTING THE PURCHASE FROM THE STATE OF MINNESOTA OF CERTAIN TAX-FORFEITED LAND AT 2600 NATCHEZ AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, pursuant to that certain tax-forfeited lands dated April 27, 2007 and filed on May 1, 2007 as Doc Number 4382006 with the Hennepin County Registrar of Titles, the City of St. Louis Park became the present owner for public use of certain tax-forfeited lands located at 2600 Natchez Avenue South in the City of St. Louis Park, Hennepin County, and legally described as follows: The south 100.00 feet of the north 130.00 feet of the west 130.00 feet of the east 160.00 feet of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota. WHEREAS, the City desires to reconvey this tax-forfeited land (the “Premise”) to the State of Minnesota for the purpose of an outright purchase by the City of fee title to the Premise; WHEREAS, the City desires to do an outright purchase of this tax-forfeited land (the “Premise”) from the State of Minnesota at a cost to be determined by Hennepin County; and WHEREAS, the City requests acquisition of the Premises for the redevelopment of a single family home under programs administered by the St. Louis Park Housing Authority. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK AS FOLLOWS: (1) Staff is authorized and directed to take such steps as are necessary to reconvey the Premises to the State of Minnesota for the purpose of purchase by the City; and (2) Staff is authorized and directed to take such steps as are necessary for the outright purchase of the property by the City of St. Louis Park at a cost of $123,000 plus standard transfer costs. (3) The Mayor and City Manager and staff are authorized to prepare and execute such documents as are necessary to accomplish the reconveyance and purchase. Reviewed for Administration: Adopted by the City Council, June 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 060407 - 8b - 1st Reading Amending City Code 8-257 Page 1 8b. First Reading of Ordinance amending City Code Section 8-257, Classification of Food and Beverage Establishments and Food Vending Machines. Proposed ordinance amendment establishing a new license classification and fee for seasonal concession stands. Recommended Action: Motion to approve first reading of an amendment to City Code Section 8-257, establishing a Class S license for seasonal concession food stands and set 2nd reading for June 18, 2007. PURPOSE: The proposed ordinance amendment is intended to create an additional classification for food and beverage licensing specifically for seasonal concession stands with a fee appropriate for the service provided. Staff has received requests by organizations to operate food concession services in schools, city park facilities and other establishments. This new classification would allow a means to accommodate these requests. BACKGROUND: There are currently five license classifications for food establishments and vending machines based on potential food risks as defined by the Minnesota Food Code. The existing classifications and related fees are intended for year round food establishments and vending locations. Fee classifications are based on inspection services to verify Food Code compliance and investigation of complaints. Temporary use permits for food and beverage sales during special events are specified in city code section 8-514. However, the maximum time for a temporary permit is “no more then three times annually for no more than ten total days” per year in accordance with the Minnesota Department of Health (MDH). Our delegation agreement with the MDH to license food establishments and administer the Food Code allows the city to develop through ordinance license categories and fee amounts. ANALYSIS: Establishing a Class S, Seasonal Concession license would allow organizations and businesses to operate food and beverage sales in conjunction with seasonal sporting events or other special events lasting longer then ten days. The current alternative available is issuing either an annual Class L (prepackaged) or Class M (limited service restaurant) food establishment license at fees of $275 and $525 respectively. Food inspection would occur before opening and as needed throughout the season. All Minnesota Food Code requirements would apply. The proposed fee of $175 would cover the license application process and all inspections related to the specific license. Attachments: Proposed Ordinance Prepared by: Manny Camilon, Environmental Health Official Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 8b - 1st Reading Amending City Code 8-257 Page 2 ORDINANCE NO. _____-07 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 8-257 OF THE CODE OF ORDINANCES, CITY OF ST. LOUIS PARK, MINNESOTA TO ALLOW THE ISSUANCE OF A SEASONAL CONCESSION FOOD AND BEVERAGE LICENSE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. New Class S License. Section 8-257 of the Code of Ordinances is amended by adding the following subsection: (6) Class S – Seasonal concession with low or medium risk. Section 2. License Fee. The initial license fee shall be $175.00. The license fee shall thereafter be established annually by ordinance. Section 3. Effective Date. This Ordinance shall take effect fifteen days after its publication. First Reading June 4, 2007 Second Reading June 18, 2007 Date of Publication June 28, 2007 Date Ordinance takes effect July 13, 2007 Reviewed for Administration: Adopted by the City Council June 18, 2007 City Manager Mayor Attest: City Attorney City Clerk St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 1 8c. Refinancing of 2003B Private Activity Revenue Bond – Park Nicollet Health Services. This report requests that the City Council adopt a resolution authorizing the City Manager to sign an official letter for the IRS acknowledging our consent to PNHS entering into an agreement to lock current interest rates for a refunding bond issue and to approve in principle the refunding transaction which will occur on or before October 1, 2007. Recommended Action: Adopt the attached resolution as drafted by Kennedy & Graven, the city’s bond counsel. BACKGROUND: In 2003, the City of St. Louis Park issued two private activity revenue bonds for PNHS relating to the Heart and Vascular Center project. One of those transactions, the 2003B issue, was a fixed rate instrument that they would like to refinance at this time. They can obtain a 7% net present value savings by advance refunding the issue at this time. Some restrictive covenants previously required by AMBAC, the bond insurer, can also be removed. If Park Nicollet were able to complete and close this transaction immediately, the savings are great enough that they would do so. However, there will be a time lag before they can finalize this transaction, and they would also like to wrap financing for the construction of the proposed Cancer Center and related parking ramp into this transaction too. In order to allow some time for all of this to happen, but still lock in the interest rates available today, PNHS has entered into an interest rate swap transaction. In order to complete the transaction, they need the City to officially recognize the transaction and give preliminary approval for the refunding. The attached resolution gives them the authority to complete this transaction. Many steps still remain prior to the City Council considering approval of the Cancer Center and related parking ramp project. This may not occur prior to October 1. The attached resolution does not bind the city in any way to finance any new debt for either of these construction projects. At this time, only the refunding is being authorized. The dollar amount of the commitment is listed as $115,000,000 only to allow for the possibility of including all of the financing in one issue at a later date. SUMMARY: This refunding makes financial sense for Park Nicollet Health Services and we support approval of the steps necessary to complete this transaction. Staff recommends approval of the attached resolution. Attachments: Resolution Commitment for Financial Guaranty Insurance Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 2 CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 07-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA RELATING TO THE ISSUANCE OF REVENUE REFUNDING BONDS FOR THE BENEFIT OF PARK NICOLLET HEALTH SERVICES UNDER MINNESOTA STATUTES, SECTIONS 469.152-469.165; GRANTING PRELIMINARY APPROVAL THERETO; AUTHORIZING EXECUTION AND DELIVERY OF A BOOKS AND RECORDS LETTER FOR AN INTEREST RATE SWAP AGREEMENT RELATED TO THE REVENUE REFUNDING BONDS; AND ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule city and political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Minnesota Statutes, Sections 469.152-469.165, as amended (the “Act”), the City is authorized to issue revenue bonds for the following purposes: (i) to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a project, defined in the Act as including any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities; and (ii) to refund, in whole or in part, bonds previously issued by the City under the authority of the Act and interest on such bonds; and WHEREAS, Park Nicollet Health Services, a Minnesota nonprofit corporation, Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota nonprofit corporation, and PNMC Holdings, a Minnesota nonprofit corporation (collectively, the “Obligated Group”) is expected to submit an application to the City requesting revenue bond financing pursuant to the Act, in a principal amount estimated not to exceed $47,000,000 to defease and prepay the Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2003B, issued by the City in the original aggregate principal amount of $41,550,000 (the “Prior Bonds”), proceeds of which were used to finance (A) the construction and equipping of its Heart and Vascular Center at Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the construction of a parking ramp and other improvements at Methodist Hospital, the construction of public infrastructure improvements with respect to the foregoing, and the acquisition and installation of equipment for Methodist Hospital, and (B) the acquisition and installation of (1) a computed tomography scanner (“CT Scanner”) at the facilities of the Obligated Group located at 1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner at the facilities of the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove, St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 3 Minnesota, and (3) a CT Scanner and a magnetic resonance imaging scanner (“MRI Scanner”) at the facilities of the Obligated Group located at 250 North Central Avenue in the City of Wayzata, Minnesota (collectively, the “Project”); and WHEREAS, the City has been advised by the Obligated Group that on the basis of information submitted to the Obligated Group and the Obligated Group’s discussions with representatives of area financial institutions and potential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to refinance the Project and defease and prepay the Prior Bonds; and WHEREAS, the Obligated Group is proposing to enter into an interest rate swap agreement with respect to revenue refunding bonds proposed to be issued by the City to redeem and prepay the Prior Bonds; and WHEREAS, the Obligated Group has requested that the City identify on the City’s books and records, maintained with respect to revenue refunding bonds proposed to be issued by the City to refinance the Project and defease and prepay the Prior Bonds, an interest rate hedge agreement entitled the ISDA Master Agreement, dated on or after June 1, 2007 (the “ISDA Agreement”), together with the Credit Support Annex, dated as of June 1, 2007 (the “Annex” and collectively with the ISDA Agreement, the “Swap Agreement” or the “Hedge”), between the Obligated Group and Morgan Stanley Capital Services Inc., a Delaware corporation (the “Hedge Provider”), in order to qualify the Hedge as a “qualified hedge” within the meaning of Treasury Regulations, Section 1.148-4(h)(2) promulgated under Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and to qualify the Hedge as an “anticipatory hedge” within the meaning of Treasury Regulations, Section 1.148-4(h)(5)(iii) promulgated under the Code; and WHEREAS, pursuant to the requirements of the Treasury Regulations, Section 1.148- 4(h)(2) the City is required to execute a memorandum of the City addressed to the Obligated Group and the Hedge Provider with respect to the Hedge related to the revenue refunding bonds to be issued by the City (the “Books and Records Letter”). NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, as follows: Section 1. Preliminary Approval of Revenue Refunding Bonds. 1.1. The City hereby gives preliminary approval to the issuance of revenue refunding bonds in the principal amount not to exceed $47,000,000 (the “Series 2007 Bonds”) to defease and prepay the Prior Bonds. 1.2 City staff, Kennedy & Graven, Chartered, acting as Bond Counsel, and other agents and consultants of the City are hereby authorized and directed to do all things and take all actions as may be necessary or appropriate to prepare and review necessary documents relating to the Series 2007 Bonds to be issued in connection therewith. The City Finance Director and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 4 Section 2. Authorization of Books and Records Letter. For the sole purpose of satisfying the requirements of the Treasury Regulations, Sections 1.148-4(h)(2) and 1.148-4(h)(4), the City hereby authorizes the City Manager or the City Finance Director to execute the Books and Records Letter with respect to the Hedge related to the Series 2007 Bonds, substantially in the form on file with the City on the date hereof. Copies of the Books and Records Letter and the Hedge are hereby authorized to be identified on the City’s books and records maintained with respect to the Series 2007 Bonds, no later than three (3) days after the Hedge is entered into. Section 3. Costs. The Obligated Group will pay the administrative fees of the City, or, upon demand, reimburse the City for payment of costs incurred by the City in connection with the issuance of the Series 2007 Bonds, whether or not the Series 2007 Bonds are issued. The City acknowledges that the amount of administrative fees of the City to be paid by the Obligated Group has not been determined as of the date of this resolution. The Obligated Group and the City will negotiate, as part of the bond financing transaction, the amount of the administrative fees that the City will charge the Obligated Group relating to the Project and the issuance of the Series 2007 Bonds by the City. Section 4. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Series 2007 Bonds as requested by the Obligated Group. If, based on comments received at the public hearing to be held prior to final approval of the issuance of the Series 2007 Bonds, or other information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of the Series 2007 Bonds to refinance the costs thereof is not in the public interest or is inconsistent with the purposes of the Act or the Code, the City reserves the right not to give final approval to the issuance of the Series 2007 Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Series 2007 Bonds should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Series 2007 Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for the transaction. Section 5. Effective Date. This Resolution shall be in full force and effect from and after its passage. Reviewed for Administration Adopted by the City Council June 4, 2007 City Manager Mayo r Attest: City Clerk SA140-90 (JAE) 311828v.1 St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 5 St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 6 St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 7 St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 8 St. Louis Park City Council Meeting Item: 060407 - 8c - Park Nicollet Refunding Bond Issue Page 9