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Home My WebLink About2007/09/04 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA COUNCIL CHAMBERS September 4, 2007 7:30 p.m. 6:30 p.m. ECONOMIC DEVELOPMENT AUTHORITY MEETING 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Bob Cunningham, TOLD Development Company 3. Approval of Minutes 3a. Study Session Minutes of August 13, 2007 3b. City Council Minutes of August 20, 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. Request for Preliminary Plat with Variances and Conditional Use Permit for Grading, Filling and Excavation – Duke Realty West End Project Location: 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard Applicant: Duke Realty L.P. Case No.: 07-28-CUP, 07-31-S, 07-32-VAR Recommended Action: Motion to recommend approval of the preliminary plat with variances. Motion to recommend approval of conditional use permit for grading, filling and excavation. 8b. Request to adopt Resolution approving the Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of city property to the St. Louis Park Economic Development Authority. Approve Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of city property to the St. Louis Park Economic Development Authority. Recommended Action: Motion to adopt the Resolution approving the Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of city property to the St. Louis Park Economic Development Authority. 8c. Request to approve Resolution authorizing the publication of a Notice of Public Hearing and establishing the date for a public hearing regarding the issuance of health care facilities revenue bonds under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. Establish date for public hearing for October 1, 2007 regarding the issuance of health care facilities revenue bonds. Recommended Action: Motion to approve Resolution authorizing the publication of a Notice of Public Hearing and establishing the date for a public hearing regarding the issuance of health care facilities revenue bonds under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. 8d. Consider preliminary property tax levy and preliminary budget for the 2008 fiscal year, set Truth-in-Taxation Public Hearing and continuation dates, and consider preliminary HRA levy for taxes payable in 2008. Resolution approving the preliminary property tax levy and budget is required by Truth in Taxation legislation. Tax levy information will be processed by Hennepin County to provide individual Truth-in-Taxation (TNT) notices with specific parcel information. Recommended Action: Motion to adopt resolutions establishing the preliminary tax levy and preliminary budget for 2008, set the public hearing and continuation dates for the proposed budget and property tax levy, and approve preliminary HRA levy for taxes payable in 2008. 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 SEPTEMBER 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 Adopt the Resolution Approving the First Amendment to the Preliminary Development Agreement with the EDA and Duke Realty Limited Partnership related to the West End commercial redevelopment project. 4b. Motion to approve a contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2007-2008 winter season. 4c. Motion to designate Midwest Asphalt as the lowest responsible bidder and to authorize execution of a contract for the reclaiming and repaving of the trail system in Carpenter Park in an amount not to exceed $65,120. 4d. Motion to authorize execution of a contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon in the amount of $95,760.00. 4e. Motion to approve Resolution establishing a special assessment for the repair of the Water Service Line at 6012 Hamilton Street. 4f. Motion to approve Resolution establishing a special assessment for the repair of the Sewer Service Line at 7720 Division Street. 4g. Motion to approve Amendment No. 2 to Contract 129-06 providing additional engineering services for the Highway 7 / Wooddale Avenue Interchange project, Project No. 2004-1700. 4h. Motion to approve Amendment No. 1 to Contract 99-06 providing additional Professional Services related to Water Treatment Plant No. 16 Rehabilitation, Project No. 2009-1200.Motion to accept for filing Housing Authority Minutes June 13, 2007. 4i. Motion to accept for filing Board of Zoning Appeals Minutes of May 24, 2007. 4j. Motion to accept for filing Police Advisory Commission Minutes of July 11, 2007. 4k. Motion to accept for filing Vendor Claims. AGENDA SUPPLEMENT ST. LOUIS PARK CITY COUNCIL MEETING ***SEPTEMBER 4, 2007*** Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Meeting Item: 090407 - 2a - Presentation - Bob Cunningham, TOLD Development Company Page 1 2a. Presentation – Bob Cunningham, TOLD Development Company. Administrative Services BACKGROUND: Given that the Excelsior and Grand project has now been substantially completed, Bob Cunningham, TOLD Development Company, has requested a few minutes of the City Council’s time to acknowledge this accomplishment and thank the City for its role in the project. Prepared and Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 3a - Study Session Minutes 081307 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION AUGUST 13, 2007 The meeting convened at 6:31 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), Communications Coordinator (Mr. Zwilling), Community Development Director (Mr. Locke), Inspections Director (Mr. Hoffman), Environmental Health Official (Mr. Camilon), Finance Director (Mr. DeJong) and Recording Secretary (Ms. Schmidt). Guest: Steve McDonald, Abdo Eick & Meyers, LLP 1. Future Study Session Agenda Planning Mr. Harmening and Council discussed study session agenda planning. Councilmember Finkelstein suggested a study session on redevelopment districts. 2. 2006 Consolidated Annual Financial Report (CAFR)/Audit Mr. McDonald, Abdo Eick & Meyers, LLP, discussed the financial highlights in the audit report. He reported the addition of $1.2 million to the General fund balance. Mr. McDonald reviewed graphs which compared St. Louis Park to other cities and historical trends. Councilmember Paprocki asked if taxes went down from 2005 to 2006. Mr. DeJong stated there was a change in the way the market value homestead credit was reported which made it appear as though taxes had decreased. Councilmember Paprocki asked if there would be utility rate increases. Mr. DeJong stated there are planned increases based on the rate studies performed in 2006. Councilmember Paprocki asked if there was a penalty for not using fund balances. Mr. McDonald stated each State Auditor has their own interpretation of the appropriate level for fund balances. He also stated the best policy was to have planned expenditures as part of the Financial Management Plan. Councilmember Finkelstein asked at what point does the EDA’s Development Fund become too large. Mr. McDonald stated showing a use is the important response to the reserves. Mr. DeJong stated the long range financial plan is to put together options for use of the funds if they are needed. Mr. Harmening stated Council has undertaken an HRA levy which has been placed in the Development Fund to build cash reserves for future infrastructure improvements. St. Louis Park City Council Meeting Item: 090407 - 3a - Study Session Minutes 081307 Page 2 Councilmember Finkelstein asked if any use restrictions would apply as to the use of the Revenue Fund. Mr. McDonald stated he was not aware of any restrictions. Mr. DeJong stated the HRA dollars would be restrictive. Mr. Finkelstein also stated it appeared there is a million dollars in TIF money yet to be spent. Mr. McDonald stated it is money that will be applied to the refunding bonds and will be closed out in 2007. 3. Joint Powers Agreement with Golden Valley for Duke Project Mr. Locke presented the staff report. Councilmember Omodt asked if St. Louis Park would be providing all the TIF. Mr. Locke stated yes. Councilmember Finkelstein asked if Golden Valley could use the St. Louis Park TIF to build the ramp located in Golden Valley. Mr. Locke stated probably not. Councilmember Sanger asked if the agreement applied to both the office and retail sides. Mr. Locke stated it dealt with the office piece. Councilmember Sanger also asked about traffic calming. Mr. Locke stated traffic calming would be deemed where necessary, stating it was more of a commitment that Duke would do something in Golden Valley. Councilmember Sanger asked to amend the agreement requiring Duke to do the traffic calming in St. Louis Park as well as Golden Valley. Councilmember Basill asked if Golden Valley’s concerns could hold the project up. Mr. Locke stated they just have general overall concerns. Councilmembers expressed their overall support for the agreement. Mr. Harmening commended Mr. Locke for his efforts on the project. 4. 2008 Budget Mr. DeJong presented the staff report. Mr. DeJong and Council had discussion on the preliminary budget and the proposed tax changes for 2008. Councilmember Sanger suggested more discussion on what staff’s ideas were related to branding. Mr. Harmening suggested there may be changes for how we budget for Vision. Councilmember Carver suggested City staff perform some of the studies identified as new projects rather than hiring consultants. Councilmember Omodt asked to see the school board survey. Mr. Harmening stated he thought it would be shared first with the Equity Committee, but perhaps Council could see it sooner. St. Louis Park City Council Meeting Item: 090407 - 3a - Study Session Minutes 081307 Page 3 5. Environmental Update (Verbal) Mr. Hoffman stated staff was proposing installation of a small wind generator at the Westwood Nature Center. Councilmember Paprocki suggested asking for community donations. Councilmember Sanger suggested looking into zoning requirements. Mr. Hoffman presented the staff report on the EPA Soil Vapor Study and Mr. Camilon explained Volatile Organic Components (VOC) and their effects. Staff and Council had discussion on the study and possible outcome scenarios. Updates Mr. Harmening stated Seth Rowe from Sun Newspapers inquired about the structure of bridges in St. Louis Park and may be doing an article. Mr. Harmening also stated staff is trying to coordinate a joint fall council/school board meeting. The meeting adjourned at 9:28 p.m. Written Reports provided and documented for recording purposes only: 6. Telecommunications Advisory Commission Mid-Year Report 7. 7200 Cedar lake Road – Walgreens Proposed Easement Vacation 8. Human Rights Commission Mid-Year Report ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting Item: 090407 - 3b - Council Meeting Minutes 082007 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA AUGUST 20, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki, and Susan Sanger. Councilmembers absent: C. Paul Carver and Paul Omodt. Staff present: Deputy City Manager (Ms. Gohman), City Attorney (Mr. Scott), Associate Planner (Mr. Fulton), Planning and Zoning Supervisor (Ms. McMonigal), Parks and Recreation Supervisor (Mr. Rosa) and Recording Secretary (Ms. Schmidt). 2. Presentations – None 2a. Junior Leader Recognition Mayor Jacobs and Parks and Recreation Supervisor Nate Rosa presented 16 youth volunteers with certificates for volunteering over 600 hours for the Summer Playground Program. 2b. Day One Co-Chairs Nina Johnson and Gina Proetti, along with students, described the Day One Event to welcome students to 9th grade and invited Council to join them in the event scheduled for September 4, 2007. 3. Approval of Minutes 3a. City Council Minutes of August 6, 2007 The minutes were approved as presented. St. Louis Park City Council Meeting Item: 090407 - 3b - Council Meeting Minutes 082007 Page 2 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to approve Second Reading of Ordinance amending City Code 6-66, approve Ordinance No. 2335-07, amending St. Louis Park Ordinance Code Chapter 6: Buildings and Building Regulations, and approve summary and authorize publication. 4b. Motion to Accept Donations. 4c. Bid Tabulation: Motion to designate DMJ Corporation the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $237,960.15 for the Minnetonka Blvd Trail Improvement Project. – Project No. 2004-0302. 4d. Motion to approve Resolution No. 07-085 accepting work on water treatment plant #4 Filter Rehabilitation, City Project No. 2004-1301, Contract No. 13-05. 4e. Bid Tabulation: Motion to designate Hydro Metering Technology the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $252,892.06 for the Commercial Water Meter Upgrade/Replacement Project - Project No. 2007-1200. 4f. Traffic Study No. 603: Motion to adopt Resolution No. 07-086, authorizing installation of “One-Way” signage and “Do Not Enter” signage on the south portion of Utica Avenue between Minnetonka Boulevard and the driveway of 3273 Webster Avenue South to provide for travel in the southbound direction only. 4g. Motion to Authorize Execution of Maintenance Agreement Between the City of St. Louis Park and the Minnehaha Creek Watershed District (MCWD) for Sanitary Grit Collection Facility Improvements (City Project 2006-1500). 4h. Motion to accept for filing Housing Authority Minutes June 13, 2007. 4i. Motion to accept for filing Telecommunications Commission Minutes of May 3, 2007. 4j. Motion to accept for filing Vendor Claims. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 5-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None St. Louis Park City Council Meeting Item: 090407 - 3b - Council Meeting Minutes 082007 Page 3 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Homewood Suites – Preliminary and Final Planned Unit Development (PUD) and Plat. Resolution No. 07-087 and 07-088 Mr. Fulton presented the staff report. John Hafner, Cities Edge Architecture, reassured Council that this being a Hilton Hotel, it would have high standards to meet. Tom Torgerson, Torgerson Properties, stated they have taken a lot of pride in the project. He also stated that since there are no upscale hotels in the I-394 corridor, this would fill that void. Councilmember Sanger asked if there would be adequate parking. Mr. Fulton stated the Walker Parking Study stated there would be an appropriate amount of parking. He also stated the proposal meets the City requirements for bicycle parking, stating no reductions were needed. Councilmember Sanger suggested the City do an independent parking study. Mr. Torgerson stated in reality, the difference in reduction wouldn’t be close for the demand for that particular hotel. Mayor Jacob asked why that would be. Mr. Torgerson stated that it is common that two or more guests would share a car. Councilmember Sanger suggested a back-up plan. Councilmember Finkelstein asked if the extra traffic demand would be put on the office space. Mr. Fulton stated most likely. Dennis Zylla, representing 5353 Wayzata Boulevard, stated the Planning Commission supported the project, stating they have been cooperating with Duke on the project. He also asked for modification on the resolution, stating they would like the easement deemed a private easement, whereas it now states a public easement. Mr. Scott asked staff for clarification. Ms. McMonigal stated staff suggested an additional alternate driveway to Park Place Boulevard. Mr. Scott suggested adding language under 2b and 4g “as approved by City Attorney” would allow it to remain in private ownership, but allow public access. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to adopt Resolution No.07-087, approving the Preliminary and Final Planned Unit Development and Resolution No. 07-088, approving the Preliminary and Final Plat for 5353 Wayzata Boulevard with amendments by the City Attorney. The motion passed 5-0. St. Louis Park City Council Meeting Item: 090407 - 3b - Council Meeting Minutes 082007 Page 4 9. Communications Mayor Jacobs thanked City staff, block captains and all the people involved with National Night Out. 10. Adjournment The meeting adjourned at 8:25 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park City Council Meeting 090407 - 4a - First Amendment Duke Preliminary Development Agreement Page 1 4a. Motion to Adopt the Resolution Approving the First Amendment to the Preliminary Development Agreement with the EDA and Duke Realty Limited Partnership related to the West End commercial redevelopment project. BACKGROUND: On May 21, 2007 the EDA and City Council approved a Preliminary Development Agreement (PDA) with Duke Realty Limited Partnership (“Redeveloper”) for its proposed West End commercial redevelopment project at the southwest corner of I-394 and Highway 100. The purpose of the PDA was to formalize the conditions of engagement, roles and responsibilities of the parties, due diligence, and feasibility work to be completed, etc. It commits the EDA, City and the Redeveloper to work cooperatively together for a period of nine months in an effort to bring the proposed West End project to fruition. PROPOSED FIRST AMENDMENT AND SUBSTANDARD BUILDINGS FINDINGS: It is anticipated that some level of financial assistance will be required for Duke’s West End project to become reality. For the EDA to provide assistance in this case, a Redevelopment TIF District would need to be created. For the City to create a Redevelopment TIF District the EDA must determine whether the proposed 39-acre redevelopment site meets the TIF statutory requirements for coverage, and whether a sufficient number of buildings on the site are structurally substandard (i.e. blighted). In order for Duke Realty to meet its project construction schedule it would like to begin building demolition and related site work as soon as possible. However for the EDA to preserve its ability to create a Redevelopment TIF District, it is critical that the EDA make a finding that the site meets the statutory blight criteria prior to any buildings being razed on the site. The Redeveloper wishes to begin demolition activities prior to the TIF district being approved and the Contract for Private Development being drafted. The attached First Amendment to the Preliminary Development Agreement provides permission of the EDA and City for Duke to perform these pre-TIF site activities. The Redeveloper expressly understands and agrees that such pre-TIF approval demolition activities are undertaken solely at the Redeveloper’s risk and that the EDA/Council is not obligating itself at this time to providing TIF assistance for the proposed project. RECOMMENDATION: Staff recommends the EDA and City Council allow Duke Realty to begin work on its West End project so as to permit it to meet its construction schedule. To that end the EDA’s legal counsel, in consultation with staff, prepared the attached Resolution approving the First Amendment to the PDA with Duke Realty and recommends its approval. Attachments: Resolution Approving the First Amendment to Preliminary Development Agreement First Amendment to Preliminary Development Agreement Prepared By: Greg Hunt, Economic Development Coordinator Reviewed By: Kevin Locke, Community Development Director Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 090407 - 4a - First Amendment Duke Preliminary Development Agreement Page 2 CITY OF ST. LOUIS PARK RESOLUTION NO. 07-_____ RESOLUTION APPROVING A FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT BETWEEN AND AMONG THE CITY OF ST. LOUIS PARK, THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND DUKE REALTY LIMITED PARTNERSHIP BE IT RESOLVED By the City Council (the “Council”) of the City of St. Louis Park ("City") as follows: Section 1. Recitals. 1.01. The St. Louis Park Economic Development Authority (the “Authority”) is currently administering its Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and within the Project has caused to be prepared documents in anticipation of the creation of the Duke Redevelopment Tax Increment Financing District (“Duke TIF District”). 1.02. The City and the Authority have entered into a Preliminary Development Agreement with Duke Realty Limited Partnership, an Indiana limited partnership (“Developer”) dated as of May 21, 2007 (Preliminary Agreement”), regarding redevelopment of a portion of the property within the proposed Duke TIF District. 1.03. In accordance with the Preliminary Agreement, the Developer is undertaking certain activities in furtherance of its proposed development. In addition, the Developer wishes to conduct certain demolition, site grading and related pre-construction activities prior to approval of the Duke TIF District by the City. These proposed additional actions require an amendment to the Preliminary Agreement. 1.04. The Council has reviewed a First Amendment to the Preliminary Agreement and finds that the approval and execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Other Proceedings. 2.01. The First Amendment to the Preliminary Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the First Amendment to the Preliminary Agreement, and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. St. Louis Park City Council Meeting 090407 - 4a - First Amendment Duke Preliminary Development Agreement Page 3 2.03. City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the City Council of the City of St. Louis Park, this 4th day of September, 2007. CITY OF ST. LOUIS PARK By: _______________________________ Mayor By: _______________________________ City Manager St. Louis Park City Council Meeting 090407 - 4a - First Amendment Duke Preliminary Development Agreement Page 4 FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT dated this __ day of September, 2007, by and between the City of St. Louis Park, Minnesota, a municipal corporation (the “City”); the St. Louis Park Economic Development Authority, a public body corporate and politic (the “Authority”); and Duke Realty Limited Partnership. an Indiana company (the “Developer”): WITNESSETH: WHEREAS, the Authority and the City entered into that certain Preliminary Development Agreement approved as of May 21, 2007 (the “Contract”) providing for the redevelopment of certain property described as the redevelopment property in the Contract and described in Schedule A attached hereto; and WHEREAS, the Property is currently owned by the Developer; and WHEREAS, the Developer has proposed to remove the existing structures and correct the soils to enable the development of approximately 1,100,000 square feet of office space, 340,000 square feet of retail space, and a hotel thereon (the “Development”); and WHEREAS, the Developer seeks to enter onto the property (the “Development Property”) in order to perform certain activities relating to demolition, associated grading and related activities in preparation for the redevelopment of the property in advance of the parties executing a final contract for private development and in advance of the Authority approving the proposed Duke TIF District; and WHEREAS, the Authority and the City have under consideration the final “Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District” prepared by LHB, Inc, dated August 1, 2007 (the “LHB Report”) relating to the Duke redevelopment district for the purpose of designating certain parcels in the proposed Duke TIF District as containing substandard structures as provided by Minnesota Statutes, Section 469.174, subd. 10(d). St. Louis Park City Council Meeting 090407 - 4a - First Amendment Duke Preliminary Development Agreement Page 5 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. Section 3 of the Contract is amended to add the following new language as follows: In addition to the foregoing, upon approval by the Authority of a resolution designating certain parcels as containing structurally substandard buildings or structures within the proposed Duke TIF District within Redevelopment Project No. 1, the Developer is authorized to enter onto the development property for the purpose of demolition of buildings and related site grading activities on the designated parcels. Representatives of the Authority and the Developer shall meet and confer prior to the Developer undertaking such demolition in order to define the scope of the activities to address compliance with Minnesota Statutes, Section 469.174, subd. 10(d). The Developer expressly understands and agrees that such pre-approval demolition activities are undertaken solely at the Developer’s risk, and that the Developer shall hold harmless and indemnify the City, the Authority and their employees and consultants for any Developer damages or claims arising out of such activities, including but not limited to the failure of approval for the Duke TIF District. IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be duly affixed hereto and the Developer has caused this Agreement to be duly executed as of the day and year first above written. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By: Its: President By: Its: Executive Director CITY OF ST. LOUIS PARK By: _______________________________ Mayor By: _______________________________ City Manager St. Louis Park City Council Meeting 090407 - 4a - First Amendment Duke Preliminary Development Agreement Page 6 DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership By: Duke Realty Corporation, an Indiana corporation, its general partner By: _____________________________ Patrick E. Mascia Senior Vice President DUKE CONSTRUCTION LIMITED PARTNERSHIP, an Indiana limited partnership By: Duke Business Centers Corporation, an Indiana corporation, its general partner By: _____________________________ Patrick E. Mascia Senior Vice President St. Louis Park Council Meeting Item: 090407 - 4b - Regional Trail Winter Use Permit Page 1 4b. Motion to approve a contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2007-2008 winter season. BACKGROUND: The Southwest LRT and the Cedar Lake Extension trails are owned and maintained by Three Rivers Park District. However, Three Rivers Park District does not clear or remove snow from their trails during the winter. They will allow cities to plow snow from their trails under the terms of a contract. TRAIL CLEARING CONTRACT: The City of St. Louis Park has cleared and removed snow from the regional trails since 2000. This service is appreciated by many of our residents who use the trails all year. As a part of the snow removal policy, staff recommends the City of St. Louis Park continue to clear the regional trails through our City since Three Rivers Park District does not. Approving this contract would allow us to do so for the winter of 2007-2008. Clearing or removing snow from the LRT trail would be done in much the same manner and priority as previous years. The trails would be cleared as a part of the Public Works snow removal policy. Clearing the Cedar Lake Extension is a bit more difficult. There are some areas where the trail is 10 feet wide with only a 12-foot wide easement. If there are times when the City gets several inches of snow at one time, it may be difficult for maintenance staff to remove the snow since there is no room to store it and no way to access the trail to remove it. Staff will keep the City Manager and City Council informed if the snow accumulations are significant and maintenance staff are not able to remove the snow. The contract with Three Rivers Park District states that the City must repair any damage to the trail while plowing snow. Staff will take precautions to prevent damage in our snow removal process. Attachment: Contract (on file with the City Clerk) Prepared by: Stacy M. Voelker, Administrative Secretary Reviewed by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 4c - Bid Tabulation Carpenter Park Trail System 20070170 Page 1 4c. Motion to designate Midwest Asphalt as the lowest responsible bidder and to authorize execution of a contract for the reclaiming and repaving of the trail system in Carpenter Park in an amount not to exceed $65,120. BACKGROUND: The 2007 Capital Improvement Plan (CIP) includes reconstruction of the trail system in Carpenter Park.. The trail is in need of repair and has been overlaid several times. The old trail will be re-claimed and reshaped. After the proper grade is established a 3 inch bituminous surface will be put in place. Restoration of the trail edge will include dirt and seed. BID ANALYSIS: Bids were opened Tuesday, August 21, 2007 at 11 a.m. in the City Hall Council Chambers. Seven firms’ submitted bids, with the amounts shown as follows: Company Amount Bid Midwest Asphalt Corporation $65,120.00 DMJ Corporation $65,450.00 Barber Construction Inc. $69,000.00 Northwest Asphalt Inc. $74,725.00 Expert Driveways Inc. $84,900.00 Bituminous Roadways Inc. $88,500.00 Hardrives, Inc. $97,368.50 The apparent low bid was received from Midwest Asphalt Corporation. Midwest Asphalt Corporation has successfully and satisfactorily completed projects for the City of St. Louis Park in the past. COSTS AND FUNDING: The City has budgeted $107,000 in the Capital Improvement Fund to be spent on reconstruction of trails in St. Louis Park, of which a portion was intended to be spent in Carpenter Park. The bid from Midwest Asphalt Corporation is in line with the amount budgeted. NEXT STEPS AND TIMELINES: Reconstruction will begin as soon as the contract is executed and will be completed by the end of October 2007. Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Rick Beane, Park Superintendent Cynthia S. Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 4d - Bid Tabulation Calgon Carbon Contract Page 1 4d. Motion to authorize execution of a contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon in the amount of $95,760.00. BACKGROUND: Granular Activated Carbon (GAC) Treatment Plants are located at 2935 Jersey Avenue (Water Treatment Plant No. 1) and at 4701 W. 41st Street (Water Treatment Plant No. 4). These plants came on line in 1986 and 1993, respectively. These GAC plants treat drinking water contaminated by the Reilly Tar and Chemical Plant. This treatment is effective in removing polynuclear aromatic hydrocarbon (PAH) contaminants. The GAC absorbs the PAH’s as the contaminated water passes through the filters. The GAC eventually becomes loaded with the PAH particles, is no longer effective in the removal of the PAH’s, and must be replaced. The GAC treated water is continually monitored to measure the amount of PAH’s removed. When the level of PAH’s in the treated water increases to the Drinking Water Advisory Level, the GAC has to be scheduled for replacement. Based on years of experience, the replacement of the GAC is now done annually at these plants. Bids were received on August 21, 2007 for the supply and regeneration of GAC for Water Treatment Plants No. 1 and 4. An advertisement for bids was published in the St. Louis Park Sun-Sailor on August 9, 2007. Specification and bid documents were sent to Calgon Carbon Corporation and Norit Americas, Inc. which are the only two qualified suppliers of GAC. A summary of the bid results is as follows: Bidder Bid Amount Calgon Carbon Corporation $95,760.00 Norit Americas, Inc. NO BID FINANCIAL CONSIDERATIONS: The bid amount of $95,760.00 reflects an increase from past costs essentially due to significantly increased production and delivery costs (last years approved bid was $79,600.00). The production of the GAC is an energy intensive process and, combined with increased trucking fuel costs, have significantly contributed to the GAC increase this year. The funding source for this bid is the Water Fund. RECOMMENDATION: Staff recommends that the contract be awarded to the low bidder, Calgon Carbon Corporation for the contract amount of $95,760.00. Prepared by: Scott Anderson, Utilities Superintendent Reviewed by: Michael Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 4e - Special Assessment Water Service Line Repair 6012 Hamilton Page 1 4e. Motion to approve Resolution establishing a special assessment for the repair of the Water Service Line at 6012 Hamilton Street. BACKGROUND: Lars and Jean Wallin, owners of the single family residence at 6012 Hamilton Street, have requested the City to authorize the repair of the water service line for their 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 owners hired a contractor and repaired the water 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 owners have petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $2,820.39. Attachment: 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: 090407 - 4e - Special Assessment Water Service Line Repair 6012 Hamilton Page 2 RESOLUTION NO. 07-____ RESOLUTION AUTHORIZING THE REPAIR AND SPECIAL ASSESSMENT OF THE WATER SERVICE LINE AT 6012 HAMILTON STREET, ST. LOUIS PARK, MN WHEREAS, the Property Owners at 6012 Hamilton Street have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 6012 Hamilton Street; and WHEREAS, the Property Owners have 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 water 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 Owners requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water 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 water service line is accepted at $2,820.39. 4. The Property Owners have 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. 5. The Property Owners have agreed to pay the City for the total 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%. 6. The Property Owners have 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: September 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 090407 - 4f - Special Assessment Sewer Service Line Repair 7720 Division Page 1 4f. Motion to approve Resolution establishing a special assessment for the repair of the Sewer Service Line at 7720 Division Street. BACKGROUND: Michael Dodge, owner of the single family residence at 7720 Division Street, has requested the City to authorize the repair of the sewer service line for his 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 $2,895.00. Attachment: 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: 090407 - 4f - Special Assessment Sewer Service Line Repair 7720 Division Page 2 RESOLUTION NO. 07-____ RESOLUTION AUTHORIZING THE REPAIR AND SPECIAL ASSESSMENT OF THE SEWER SERVICE LINE AT 7720 DIVISION STREET, ST. LOUIS PARK, MN WHEREAS, the Property Owner at 7720 Division Street 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 7720 Division Street; 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 $2,895.00. 4. 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. 5. The Property Owner has agreed to pay the City for the total 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%. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council September 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 090407 - 4g - Amend Contract 129-06 Hwy 7 & Wooddale Ave Interchange Project Page 1 4g. Motion to approve Amendment No. 2 to Contract 129-06 providing additional engineering services for the Highway 7 / Wooddale Avenue Interchange project, Project No. 2004-1700. BACKGROUND: During October of 2006, the City entered into a contract with SRF Consulting Group, Inc. (SRF) for engineering services for Phase I of this project, an areawide traffic study. Phase I work was necessary to prepare for the analysis and modeling needed to evaluate the earlier developed interchange concepts plus lay the foundation for the eventual preparation of project design layouts. SRF completed Phase I work in early 2007 and Council received a report on the Phase I activities on March 26, 2007. On April 9, 2007, Contract No. 129-06 was authorized with SRF to provide additional professional services for Phase II project activities in the amount of $117,000 - with a maximum contract amount of $152,000. Phase II activity is best described as the public development and comparison of interchange concepts. Phase II activities are expected to be completed this fall. Since May, staff has been working with SRF and project stakeholders to implement Phase II activities. During recent Phase II discussions, MnDOT informed the City that previously unanticipated activities (description below) would be required as a part of their interchange evaluation process. These activities were not included or allowed for in our professional services agreement with SRF. ADDITIONAL PROFESSIONAL SERVICES: In order to meet Mn/DOT’s current guidelines and to address all potential alternatives (4), the following additional activities need to be accomplished during the Phase II process: 1. Conduct a year 2030 no build operations analysis using VISSIM. This will analyze existing at-grade freight operations, future LRT operations, and pedestrian/bicycle traffic. 2. Conduct a year 2030 operations analysis using VISSIM for one additional concept (C, D- 1A/D-1B, D-2A, and D-2B). 3. Complete an Intersection Control Evaluation (ICE) - traffic control alternatives, operations analysis, crash analysis, right-of-way impacts, costs, political considerations, and transportation system consistency with supporting documentation. This supplemental request is estimated by SRF at $9,000. St. Louis Park City Council Meeting Item: 090407 - 4g - Amend Contract 129-06 Hwy 7 & Wooddale Ave Interchange Project Page 2 VISSIM is a microscopic, behavior-based multi-purpose traffic simulation program. For many engineering disciplines, simulation has become an indispensable instrument for the optimization of complex technical systems. This is also true for transportation planning and traffic engineering, where simulation is an invaluable and cost-reducing tool. VIDDIM offers a wide variety of urban and highway applications, integrating public and private transportation. Even complex traffic conditions are visualized to the level of detail providing realistic traffic models. Traffic engineering expertise, combined with 3D animations, can also be used to create presentations for both technical experts and decision makers, in particular when important decisions on costly projects may have to be made. VISSIM can show how effective a projected measure might be. VISSIM is accepted by MnDOT for transportation modeling / simulation purposes. FINANCIAL CONSIDERATIONS: A Proposal from SRF dated August 2, 2007 estimates the cost for this extra unanticipated MnDOT required Phase II work at $9,000. All work performed under this contract is paid for on a time and materials basis. The initial source of funding for this contract work is the HRA levy. The professional services cost for Contract 129-06 with SRF is now estimated as follows: Original Contract (Phase I work) $ 35,000 Amendment No. 1 (Phase II work) $ 117,000 Amendment No. 2 (supplemental Phase II work) $ 9,000 Total $ 161,000 CONTRACT TERMS: Contract terms remain unchanged except as follows: 1. Scope is amended to include supplemental Phase II engineering services outlined in the SRF proposal dated August 2, 2007 2. Compensation for Phase II activities is increased by $9,000 with a total not to exceed contract amount of $161,000 Attachment: Amendment No. 2 Prepared by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 4g - Amend Contract 129-06 Hwy 7 & Wooddale Ave Interchange Project Page 3 AMENDMENT NO 2. TO CITY of ST. LOUIS PARK CONSULTING SERVICES CONTRACT NO. 129-06 THIS AGREEMENT is made on September 4, 2007, by and between the CITY OF ST. LOUIS PARK, Minnesota, a Minnesota municipal corporation (hereinafter referred to as “City”), and SRF Consulting Group, Inc., a Minnesota corporation (hereinafter referred to as “SRF”). 1. BACKGROUND: The parties have previously entered into an agreement for consulting services dated October 18, 2006 (“Initial Agreement”). The Initial Agreement authorizes SRF to provide engineering consulting services for Phase I of project 2004-1700 at a cost not to exceed $35,000. On April 9, 2007 Amendment No. 1 was approved to perform Phase II activities at an additional cost of $117,000 with a not to exceed total contract cost of $152,000. 2. ITEM NO. 1: SCOPE OF SERVICES: This paragraph shall be amended to include supplemental Phase II engineering services outlined in the SRF proposal dated August 2, 2007. 3. ITEM NO. 2: COMPENSATION FOR SERVICES: Subject to the modifications set forth herein, compensation for services is modified to include additional compensation of $9,000 for the completion of tasks identified in the SRF proposal dated August 2, 2007. The total compensation for Contract No. 129-06 including amendments is increased to $161,000. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. EXECUTED as to the day and year first above written. SRF CONSULTING GROUP, INC. CITY OF ST. LOUIS PARK By:________________________________ By:________________________________ Jeff Jacobs, Mayor Title:_______________________________ and________________________________ Thomas Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 4h - Water Treatment Plant Contract 99-06 Amendment 2 Page 1 4h. Motion to approve Amendment No. 1 to Contract 99-06 providing additional Professional Services related to Water Treatment Plant No. 16 Rehabilitation, Project No. 2009-1200. BACKGROUND: On August 21, 2006 the City entered into a contract with Progressive Consulting Engineers, Inc. (Consultant) to provide engineering services for the rehabilitation of Water Treatment Plant No. 16 (WTP #16). These services included preparing plans and specifications and providing inspection services. On December 18, 2006 the Council accepted the Project Report, establishing and ordering Improvement Project No. 2009-1200, approved plans and specifications, and authorized advertisements for bids. The project involves the replacement of the filter media, minor filter vessel rehabilitation, control valve replacement, and upgrading other minor operational appurtenances. The rehabilitation of WTP #16 will improve water quality with more efficient removal of iron and manganese. The WTP #16 rehabilitation project was completed successfully without any change orders and the plant is operating well. ADDITIONAL PROFESSIONAL SERVICES: During the project there were some engineering services that the City requested be done by the Consultant to allow the contractor to be able to successfully complete the project that were beyond the scope of services identified in the original contract. The additional work related to the evaluation of the metal thickness of the tanks. There was also additional inspection and coordination needed resulting from a delay in equipment procurement and painting corrections required by the contractor. The additional work was approved by City staff to complete the project, which resulted in additional costs of $4,762.22 FINANCIAL: Recent discussions with the Consultant estimate the cost for this extra work at $4,762.22. All work performed under this contract is paid for on a time and materials basis. The source of funding for this contract work is the Water Utility. The professional services cost for Contract 99-06 with the Consultant should be amended and approved as follows: Original Contract $ 47,091.00 Amendment No. 1 $ 4,762.22 Total $ 51,853.22 Attachment: Amendment No. 1 Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening City Manager St. Louis Park City Council Meeting Item: 090407 - 4h - Water Treatment Plant Contract 99-06 Amendment 2 Page 2 AMENDMENT NO. 1 AGREEMENT FOR ENGINEERING SERVICES FOR REHABILITATION OF THE WATER TREATMENT PLANT NO. 16 CONTRACT NO. 99-06 THIS AMENDMENT is made on September 4, 2007 by and between the CITY OF ST. LOUIS PARK, Minnesota, and PROGRESSIVE CONSULTING ENGINEERS, INC. 1. BACKGROUND: The parties have previously entered into an agreement for rehabilitation of Water Treatment Plant No. 16 dated August 21, 2006. 2. ITEM NO. 1: SCOPE OF SERVICES: The paragraph shall be amended to also include the following paragraph. “The Contractor agrees to provide engineering services related to metal thickness evaluation of the tanks and delays from equipment procurement and painting correction.” 3. ITEM NO. 3: COMPENSATION FOR SERVICES: Subject to the modifications set forth herein, the not to exceed compensation amount shall increase by $4,762.22 from $47,091 to $51,853.22. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. EXECUTED as to the day and year first above written. CITY OF ST. LOUIS PARK Reviewed for Public Works: _________________________________ ____________________________________ Jeffery W. Jacobs, Mayor Michael P. Rardin, Director of Public Works ___________________________________ Thomas K. Harmening, City Manager PROGRESSIVE CONSULTING ENGINEERS By_________________________________ Attest: Its__________________________________ __________________________________ Nancy J. Stroth, City Clerk By _________________________________ Its__________________________________ St. Louis Park City Council Meeting Item: 090407 - 4i - Board of Zoning Appeals Minutes 052407 Page 1 MINUTES OF MAY 24, 2007 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Thursday, May 24, 2007, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Chair James Gainsley Vice Chair Paul Roberts Commissioner Ryan Burt Members Absent: Commissioner Susan Bloyer Commissioner Henry Solmer Staff Present: Gary Morrison, Assistant Zoning Administrator Tara Olson, Community Development Secretary 1. CALL TO ORDER – ROLL CALL Chair Gainsley called the regular meeting to order at 7:01 p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion by Chair Gainsley, seconded by Commissioner Burt to approve the following minutes as presented: 1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated September 28, 2006. 2) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated October 17, 2006. Motion Carried. Voting Yes: Gainsley, Burt and Roberts. Voting No: None. 3. CONSENT AGENDA None 4. PUBLIC HEARINGS/COMMITTEE BUSINESS A. Case No. 07-18-VAR – The request by Tom and Andrea Snook from the requirements of Section 36-164(f)(5) to allow a living space addition to the house with a 2.7 foot setback for the addition instead of the required 5 foot setback and a 1.7 foot setback for the eave instead of the required 4 foot setback. St. Louis Park City Council Meeting Item: 090407 - 4i - Board of Zoning Appeals Minutes 052407 Page 2 Staff believes all of the criteria have been satisfied for a 2.3 foot variance to the required five foot side yard setback resulting in a 2.7 foot side yard setback for the house addition, and a 2.3 foot variance from the required four foot side yard setback for eaves resulting in a 1.7 foot side yard for the eave, and recommends the following: Adoption of the draft Resolution amending and restating Resolution 12-06 to approve a 2.3 foot variance to the required five foot side yard setback resulting in a 2.7 foot side yard setback for the house addition, and a 2.3 foot variance from the required four foot side yard setback for eaves resulting in a 1.7 foot side yard for the eave, with the following conditions: 1. The exhibits be replaced with the revised floor plans and site survey stamp dated April 24, 2007. Chair Gainsley asked Mr. Morrison if he could explain the total distance in feet from the proposed addition to the neighboring home. Mr. Morrison stated the addition would be a total of 10 feet from the neighboring property owner. Commissioner Burt asked Mr. Morrison why we are amending and restating rather than creating a new resolution. Mr. Morrison stated that it could be done either way but the option of amending is cleaner because the past resolution was recorded to the property deed with Hennepin County it is cleaner and easier to track if the second resolution amends and restates the prior resolution. Commissioner Burt asked Mr. Morrison what variance expiration deadline they utilize. The past resolution date or the resolution being presented this evening. Mr. Morrison stated that the variance deadline would follow this evening’s resolution, one year to the date of approval. With no questions, Chair Gainsley opened the public hearing. Tom Snook, applicant of 3725 Huntington Avenue South, stated that his proposed car port would be constructed on posts allowing an open feeling for the neighboring property owners. Bill Feller, neighboring property owner at 3715 Huntington Avenue South, he is in favor of the proposed addition. With no questions, Chair Gainsley closed the public hearing. Chair Gainsley is in favor of granting the variance. St. Louis Park City Council Meeting Item: 090407 - 4i - Board of Zoning Appeals Minutes 052407 Page 3 Chair Gainsley informed the Commissioners that at the Parliamentary Training he was informed that motions don’t require a second and a person can speak more than once on a issue and they have no time limit. Commissioner Burt agrees with Chair Gainsley. Commissioner Roberts agrees and is in favor of granting the variance because it lessens the impact on the neighboring property. Motion by Commissioner Burt to adopt Resolution #01-07 amending and restating Resolution 12-06 to approve a 2.3 foot variance to the required five foot side yard setback resulting in a 2.7 foot side yard setback for the house addition, and a 2.3 foot variance from the required four foot side yard setback for eaves resulting in a 1.7 foot side yard for the eave, with the following conditions: 1. The exhibits be replaced with the revised floor plans and site survey stamp dated April 24, 2007. Motion Approved. Voting Yes: Gainsley, Burt and Roberts. Voting No: None. 5. Unfinished Business None 6. New Business A. Review Board of Zoning Appeals Bylaws Chair Gainsley reviewed the Board of Zoning Appeals Bylaws and felt there were no corrections that needed to be made. Mr. Morrison stated that the Board of Zoning Appeals Bylaws will go to City Council for review and adoption of the final Bylaws. Mr. Morrison stated that there has been a change to the regular meeting time and wanted to make sure everyone was aware of the change. Motion by Vice Chair Roberts to approve the Board of Zoning Appeal Bylaws as presented. Motion Approved. Voting Yes: Gainsley, Burt and Roberts. Voting No: None. B. Review 2006 Board of Zoning Appeals Annual Report St. Louis Park City Council Meeting Item: 090407 - 4i - Board of Zoning Appeals Minutes 052407 Page 4 Motion by Commissioner Burt to approve the 2006 Board of Zoning Appeal Annual Report. Motion Approved. Voting Yes: Gainsley, Burt and Roberts. Voting No: None. 7. Communications A. Parliamentary Training Mr. Morrison explained that City Staff and all City Commissioners were invited to attend an informal training on Parliamentary Procedures and it has been video taped for anyone that wishes to watch the training. 8. Miscellaneous None 9. Adjournment Vice Chair Roberts moved the motion for adjournment. The regular meeting of the Board of Zoning appeals adjourned at 7:42 p.m. Respectfully Submitted, Tara Olson Community Development Secretary St. Louis Park City Council Meeting Item: 090407 - 4j - Police Advisory Commission Minutes 071107 Page 1 Police Advisory Commission Meeting NOTES 11 July 2007 I. Call to order Chair Gormley called the meeting to order at 7:04. There was no quorum. Commissioners Present: Maureen Gormley, Cindy Hoffman, Jim Smith, and Hans Widmer Commissioners Absent: Siyad Abdullahi, Michael Baum, Jim Lanenberg, Dick Markgraf and Pat Swiderski Staff Present: Chief Luse, Lieutenant Harcey and Ms. Stegora-Peterson. II. Approval of Minutes – deferred to next meeting. III. Subcommittee Reports Community Partnerships – Commissioner Smith distributed a draft flyer for the golf tournament to be held on September 7th at 8 AM. Chief Luse noted he could distribute flyers to the Rotary club. Lt. Harcey indicated he would work with City Communications staff to send to businesses and get the information in the Sun Sailor and Park Perspective. Commissioners decided to put a deadline of August 17th on the flyer. Further discussion about food and donations could be discussed at a sub committee meeting in August. Other sub committees did not meet. Lt. Harcey reported the first Citizens Academy went well and distributed comments. The overall consensus was that there should be fewer presentations due to time. Attendees liked the schedule of six sessions and one Saturday. He encouraged PAC members to attend. The sub committee should meet and review the evaluations. St. Louis Park City Council Meeting Item: 090407 - 4j - Police Advisory Commission Minutes 071107 Page 2 IV. Mid-year Report Chief Luse commented it was frustrating to have inconsistent attendance, which frustrated the sub committee work and progress. The City Council would like more substance from committees. He asked what staff could do to help and if they should review the structure of the committee and sub committee work. In the Visioning process, the City Council put together goals and the Police Department is the home base for neighborhood quality of life. Other topics include: diversity, neighborhood strength and organization. Staff was working on this and might like someone from this group working with them. Commissioner Smith suggested talking with some of the Commissioners who had not been regularly attending. Chief Luse indicated he could talk about that further with Chair Gormley and Lt. Harcey. The mid year report is a brief version of the year-end report and would be a combination of meeting minutes and sub committee notes incorporated into a report, which should be done by mid August. Lt. Harcey noted the City Council has study sessions on August 13th and 27th. V. National Night Out Chair Gormley noted last year Commissioners attended their location national night out parties, which worked well and was good community outreach. VI. New Business Commissioner Widmer asked about the crime mapping? Chief Luse responded he met City Council and they liked it. They also surveyed the business community. They will try it for a year. It will include a link for comments and feedback. A few changes needed to be made, then they will proceed. Lt. Harcey noted there would be information on the web site home page and in the newspapers. Chief Luse commented about the radar signs and hoped they might impact speeds, although there was not a real speeding problem in the areas where the signs were going. VII. The meeting adjourned at 7:40 PM. 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 1Page -Council Check Summary - Vendor AmountBusiness Unit Object 5,355.18PATCHING-PERMANENT OTHER CONTRACTUAL SERVICESAAA STRIPING SERVICE CO 5,355.18 1,980.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE 1,980.00 516.00WIRELESS G & A OTHER CONTRACTUAL SERVICESACCESS COMMUNICATIONS INC 516.00 2,616.60FINANCE G & A GENERAL PROFESSIONAL SERVICESACCOUNTEMPS 2,616.60 2,301.32EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTACTION RADIO & COMM INC 2,301.32 229.60HUMAN RESOURCES RECRUITMENTAD STRATEGIES 229.60 1,800.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESALAN PRODUCTIONS, RICHARD 1,800.00 1,303.73ARENA MAINTENANCE BUILDING MTCE SERVICEALBERS MECHANICAL SERVICES INC 1,303.73 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESALBERTSSON HANSEN ARCHITECTURE 225.00 1,729.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 1,729.00 241.31SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 241.31 250.00OPERATIONSEMERGENCY PREPAREDNESSAMEM 250.00 584.06GENERAL REPAIR TIRESAMERICAN TIRE DISTRIBUTORS 584.06 101.39GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 143.30PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 1 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 2Page -Council Check Summary - Vendor AmountBusiness Unit Object 105.44PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 99.01ENTERPRISE G & A GENERAL SUPPLIES 95.11VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 97.43WATER UTILITY G&A OPERATIONAL SUPPLIES 97.43SEWER UTILITY G&A OPERATIONAL SUPPLIES 739.11 1,454.69PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 1,454.69 374.45PARK MAINTENANCE G & A GENERAL SUPPLIESAPACHE GROUP OF MINNESOTA 739.07BUILDING MAINTENANCE GENERAL SUPPLIES 1,113.52 161.25PUBLIC WORKS OPS G & A SUBSCRIPTIONS/MEMBERSHIPSAPWA REGISTRATION 161.25 495.74NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESAQUILA NEIGHBORHOOD ASSN 495.74 68.00PUBLIC WORKS OPS G & A SUBSCRIPTIONS/MEMBERSHIPSATSSA 68.00 194.35GARAGE MTCE BUILDING MTCE SERVICEAUTOMATIC GARAGE DOOR CO 194.35 777.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEAUTOMATIC SYSTEMS INC 777.00 210.00WATER UTILITY G&A GENERAL SUPPLIESAWWA 210.00 16,925.00CONSTRUCTION MATERIAL BUILDING MTCE SERVICEB&M HAZELWOOD MASONRY INC 16,925.00 231.23SEWER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIBARR ENGINEERING CO 2,616.00PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDI 692.23PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 31,947.40CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 35,486.86 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 2 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 3Page -Council Check Summary - Vendor AmountBusiness Unit Object 18.09WATER UTILITY G&A EQUIPMENT PARTSBATTERIES PLUS 141.09OPERATIONSOPERATIONAL SUPPLIES 159.18 300.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBENNETT, JOHN 300.00 138.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESBERENBERG, ANDREW 138.00 312.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESBERG, STEVE 312.00 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESBERGFORD ARCHITECTURE, JOHN 225.00 592.67ORGANIZED REC G & A MILEAGE-PERSONAL CARBIRNO, RICK 592.67 726.08NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBLACKSTONE NEIGHBORHOOD ASSN 726.08 2,008.42CE DESIGN IMPROVEMENTS OTHER THAN BUILDIBONESTROO, ROSENE, ANDERLIK & 2,008.42 2,188.75ENGINEERING G & A ENGINEERING SERVICESBRAUN INTERTEC CORPORATION 3,556.00CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 5,744.75 70.00OPERATIONSTRAININGBRECKLE, BILL 70.00 308.10ENGINEERING G & A TRAVEL/MEETINGSBRINK, SCOTT 33.95ENGINEERING G & A MILEAGE-PERSONAL CAR 342.05 288.22NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBRONX PARK NEIGHBORHOOD ASSOC 288.22 45.50OPERATIONSTRAININGBUSINESS & TRADE PUBLICATIONS 45.50 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 3 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 4Page -Council Check Summary - Vendor AmountBusiness Unit Object 36.74TREE DISEASE PRIVATE OTHER IMPROVEMENT SUPPLIESCAMDEN INDUSTRIAL SUPPLY 36.74 423.05OPERATIONSEMERGENCY PREPAREDNESSCARLSON WAGONLIT ALBERTVILLE 423.05 210.87DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 210.87 3,081.08DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC 3,081.08 33,847.60DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 8,130.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICES 244,221.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES 286,198.60 13,565.90ENTERPRISE G & A HEATING GASCENTERPOINT ENERGY SERVICES IN 13,565.90 120.11GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESCINTAS FIRST AID & SAFETY 34.88WATER UTILITY G&A OPERATIONAL SUPPLIES 154.99 71.72ADMINISTRATION G & A OFFICE SUPPLIESCITIZENS INDEPENDENT BANK 14.16ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 135.55ADMINISTRATION G & A MEETING EXPENSE 3.96HUMAN RESOURCES GENERAL SUPPLIES 34.84HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 200.00HUMAN RESOURCES RECOGNITION 109.74HUMAN RESOURCES CITE 53.75HUMAN RESOURCES MEETING EXPENSE 2,705.39TECH & SUPPORT SERVICES G & A GENERAL SUPPLIES 524.91APPLICATION SUPPORT/SERVICE OFFICE EQUIPMENT 88.79NETWORK SUPPORT SERVICES GENERAL SUPPLIES 40.13COMM DEV PLANNING G & A MEETING EXPENSE 81.25GENERAL BUILDING MAINTENANCE GENERAL SUPPLIES 118.92POLICE G & A OPERATIONAL SUPPLIES 314.90POLICE G & A REPAIRS 198.51SUPPORT SERVICES MEETING EXPENSE 385.00SUPERVISORYTRAINING St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 4 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 5Page -Council Check Summary - Vendor AmountBusiness Unit Object 1,382.40SUPERVISORYTRAVEL/MEETINGS 198.51SUPERVISORYMEETING EXPENSE 699.20PATROLTRAVEL/MEETINGS 149.10ERUTRAINING 104.13OPERATIONSGENERAL SUPPLIES 397.50OPERATIONSFIRE PREVENTION SUPPLIES 162.94OPERATIONSEQUIPMENT PARTS 215.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPS 7.64ORGANIZED REC G & A OFFICE SUPPLIES .97ORGANIZED REC G & A OTHER CONTRACTUAL SERVICES 660.53ORGANIZED REC G & A TRAINING 571.65ORGANIZED REC G & A SEMINARS/CONFERENCES/PRESENTAT 12.01ORGANIZED REC G & A INTEREST/FINANCE CHARGES 45.97ADULT SOFTBALL GENERAL SUPPLIES 589.77SUMMER FIELDTRIPS GENERAL SUPPLIES 317.50EVENING T-BALL/BASEBALL GENERAL SUPPLIES 464.03SOCCERGENERAL SUPPLIES 813.97WESTWOOD G & A GENERAL SUPPLIES 97.89WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 195.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS 26.59SEASONAL PROGRAMS GENERAL SUPPLIES 59.93SUMMER GRADE 4, 5 GENERAL SUPPLIES 138.20SUMMER GRADE 6-8 GENERAL SUPPLIES 4.40ENTERPRISE G & A INTEREST/FINANCE CHARGES 9.01BUILDING MAINTENANCE GENERAL SUPPLIES 176.29AQUATIC PARK BUDGET GENERAL SUPPLIES 2,830.41WIRELESS G & A GENERAL SUPPLIES 15,412.06 53,095.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCLEARWATER RECREATION 53,095.00 90.00VOICE SYSTEM MTCE EQUIPMENT MTCE SERVICECOLLINS COMMUNICATIONS 90.00 7,009.30MUNICIPAL BUILDING BAL SHEET BUILDING MTCE SERVICECOMMERCIAL ROOFING INC 7,009.30 1,411.07CE INSPECTION IMPROVEMENTS OTHER THAN BUILDICOMMISSIONER OF TRANSPORTATION 1,411.07 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 5 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 6Page -Council Check Summary - Vendor AmountBusiness Unit Object 252.66ROUTINE MAINTENANCE GENERAL SUPPLIESCONSTRUCTION MATERIALS 252.66 11,146.19WIRELESS G & A OTHER CONTRACTUAL SERVICESCTC 11,146.19 103.81POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS 103.81 1,099.18BUILDING MAINTENANCE GENERAL SUPPLIESDALCO ENTERPRISES INC 1,099.18 762.55POLICE G & A RENTAL EQUIPMENTDELAGE LANDEN FINANCIAL SERVIC 762.55 212.55ROUTINE MAINTENANCE SMALL TOOLSDELEGARD TOOL CO 212.56GENERAL REPAIR SMALL TOOLS 266.25WATER UTILITY G&A OTHER 691.36 455.00INSPECTIONS G & A TRAININGDEPT LABOR & INDUSTRY 455.00 4,250.00ROTTLUND VILLAGE - PUBLIC ART OTHER CONTRACTUAL SERVICESDESIGN SERVICE 4,250.00 1,092.23POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 1,092.23 68.92SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESDUNDEE NURSERY 68.92 1,503.59ELECTRICAL SYSTEM MTCE BUILDING MTCE SERVICEDYMANYK ELECTRIC INC 1,503.59 1,219.53ARENA MAINTENANCE GENERAL SUPPLIESECOLAB INC 1,219.53 500.00OPERATIONSTRAININGEDINA, CITY OF 500.00 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 6 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 7Page -Council Check Summary - Vendor AmountBusiness Unit Object 473.29AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIESELECTRIC MOTOR REPAIR 473.29 122.37OPERATIONSOPERATIONAL SUPPLIESEMERGENCY MEDICAL PRODUCTS 122.37 289.15ESCROWSBass Lake/EDI/UPENSR CORPORATION 289.15 75.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDIEVERGREEN LAND SERVICES CO 75.00 87.78GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESFASTENAL COMPANY 453.88WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 421.39CONSTRUCTION MATERIAL GENERAL SUPPLIES 963.05 35.80HUMAN RESOURCES GENERAL SUPPLIESFEDEX 30.03STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 65.83 17.06GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESFLOYD TOTAL SECURITY 17.06 23.96GENERAL REPAIR EQUIPMENT PARTSFORCE AMERICA INC 23.96 116.10SEASON TICKETS PROGRAM REVENUEFOX, DANA 116.10 333.33ADMINISTRATION G & A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 333.33 3,510.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGEOMATRIX CONSULTANTS 3,510.00 658.17FABRICATIONOTHER IMPROVEMENT SUPPLIESGOPHER SIGN 658.17 168.45GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESGRAINGER INC, WW 1,003.69CIP PROJECTS GENERAL SUPPLIES St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 7 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 8Page -Council Check Summary - Vendor AmountBusiness Unit Object 144.61PARK BUILDING MAINTENANCE GENERAL SUPPLIES 190.61EQUIPMENT MANAGEMENT GENERAL SUPPLIES 4.78WATER UTILITY G&A GENERAL SUPPLIES 890.45CONSTRUCTION MATERIAL GENERAL SUPPLIES 2,402.59 348.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHAGERTY, MEAGAN 348.00 936.00DESKTOP SUPPORT/SERVICES GENERAL PROFESSIONAL SERVICESHALF TECHNOLOGY INC, ROBERT 936.00 87.50HOUSING REHAB G & A OTHER CONTRACTUAL SERVICESHANBERY & CARNEY PA 87.50 612.38STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHANSON PIPE & PRECAST INC 612.38 35.00RENTAL / BIRTHDAY PARTY RENT REVENUEHAUSLADEN, MARY ELLEN 35.00 3,174.93AQUATIC PARK MAINTENANCE GENERAL SUPPLIESHAWKINS WATER TREATMENT GROUP 4,020.04WATER UTILITY G&A OPERATIONAL SUPPLIES 7,194.97 404.57WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESHD SUPPLY WATERWORKS LTD 404.57 92.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHENDERSON, TRACY 92.00 160.00AQUATIC PARK G & A TRAININGHENDRICKS, JEANNE 160.00 75.87ADMINISTRATION G & A POSTAGEHENNEPIN COUNTY ELECTIONS 75.87 476.44NETWORK SUPPORT SERVICES COMPUTER SERVICESHENNEPIN COUNTY INFO TECH 476.44 45.98SYSTEM REPAIR OTHER CONTRACTUAL SERVICESHENNEPIN COUNTY PUBLIC WORKS D 45.98 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 8 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 9Page -Council Check Summary - Vendor AmountBusiness Unit Object 4,000.00MAINTENANCEOTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES 8,000.00 13,201.96TECH & SUPPORT SERVICES G & A OFFICE EQUIPMENTHENRICKSEN PSG 13,201.96 3,800.00SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEHIGHVIEW PLUMBING INC 3,800.00 111.93STS PROGRAM GENERAL SUPPLIESHIRSHFIELDS 111.93 42.36GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 7.43SEALCOAT PREPARATION GENERAL SUPPLIES 27.49ROUTINE MAINTENANCE GENERAL SUPPLIES 303.81PARK BUILDING MAINTENANCE GENERAL SUPPLIES 838.61CONSTRUCTION MATERIAL GENERAL SUPPLIES 1,219.70 35.50WESTWOOD G & A OTHER IMPROVEMENT SUPPLIESHOME DEPOT CREDIT SRVCS 35.50 15.05ENGINEERING G & A GENERAL SUPPLIESHOME HARDWARE 8.51PATCHING-PERMANENT GENERAL SUPPLIES .95ROUTINE MAINTENANCE GENERAL SUPPLIES 5.27SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 29.78 113.97ASSESSING G & A MILEAGE-PERSONAL CARHOPPE, MARK 113.97 315.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 189.00KICKBALLOTHER CONTRACTUAL SERVICES 504.00 66.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 672.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICES 738.00 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 9 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 10Page -Council Check Summary - Vendor AmountBusiness Unit Object 59.22GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHSBC BUSINESS SOLUTIONS 15.98POLICE G & A OFFICE SUPPLIES 62.99PARK MAINTENANCE G & A GENERAL SUPPLIES 138.19 30.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSIATN 30.00 374.39PARK BUILDING MAINTENANCE GENERAL SUPPLIESICI DULUX PAINT CENTERS 374.39 186.47OPERATIONSEQUIPMENT MTCE SERVICEIKON OFFICE SOLUTIONS 306.99ORGANIZED REC G & A RENTAL EQUIPMENT 21.75WESTWOOD G & A RENTAL EQUIPMENT 515.21 144.71GENERAL REPAIR EQUIPMENT PARTSINVER GROVE FORD 144.71 49.50POLICE G & A OTHER CONTRACTUAL SERVICESIRON MOUNTAIN 49.50 31.99BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESJERRY'S HARDWARE 31.99 60.00-GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESJERRY'S MIRACLE MILE 13.89SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 9.87ARENA MAINTENANCE GENERAL SUPPLIES 60.44GENERAL REPAIR GENERAL SUPPLIES 24.20 137.18ERUTRAININGKAMPA, MARK 137.18 7,196.50PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESKASSA CONSTRUCTION, RON 7,196.50 1,000.00ESCROWSPMC ESCROWKOLLE, KEVIN 1,000.00 23,409.00EXCESS PUBLIC LAND OTHER CONTRACTUAL SERVICESKUSSKE CONSTRUCTION CO INC 23,409.00 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 10 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 11Page -Council Check Summary - Vendor AmountBusiness Unit Object 5.00HOUSING REHAB G & A MEETING EXPENSELARSEN, KATHY 29.78HOUSING REHAB G & A MILEAGE-PERSONAL CAR 34.78 10.60JAIL MTCE BLDG/STRUCTURE SUPPLIESLARSON, JH CO 10.60 279.88GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC 279.88 85,519.00EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l expLEAGUE OF MN CITIES INSURANCE 85,519.00 297.32TREE INJECTION PRIVATE CLEANING/WASTE REMOVAL SERVICELEAVENWORTH, TRACY 297.32 365.21ORGANIZED REC G & A MILEAGE-PERSONAL CARLEE, KATIE 365.21 843.00ESCROWSLHB ENGINEERS & ARCHITECTS 843.00 425.79ENGINEERING G & A OPERATIONAL SUPPLIESLIND ELECTRONICS INC 425.79 38,081.88APPLICATION SUPPORT/SERVICE COMPUTER SERVICESLOGIS 1,152.00NETWORK SUPPORT SERVICES COMPUTER SERVICES 39,233.88 1,400.00HUMAN RESOURCES RECRUITMENTLURIE BESIKOF LAPIDUS & CO LLP 1,400.00 55.39WATER UTILITY G&A GENERAL CUSTOMERSLYNES, SALLY 55.39 191.35GENERAL REPAIR EQUIPMENT PARTSMACQUEEN EQUIP CO 191.35 134.14SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE 65.00SSD 2 G&A OTHER CONTRACTUAL SERVICES St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 11 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 12Page -Council Check Summary - Vendor AmountBusiness Unit Object 1,221.19SSD 3 G&A OTHER CONTRACTUAL SERVICES 1,420.33 832.68EMPLOYEE FLEX SPEND G&A TUITIONMAPLES, JILL 832.68 5,054.73ESCROWSMCCOMB GROUP LTD 5,054.73 29.61SUMMER GRADE 6-8 GENERAL SUPPLIESMCCONNELL, BECKY 29.61 88.71PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS 30.78VEHICLE MAINTENANCE G&A MOTOR FUELS 119.49 12.65DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIESMENARDS 31.94PARK BUILDING MAINTENANCE GENERAL SUPPLIES 18.08WESTWOOD G & A SMALL TOOLS 9.55WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 72.22 131.92PUBLIC WORKS G & A MILEAGE-PERSONAL CARMERKLEY, SCOTT 131.92 260,882.02OPERATIONSCLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL 260,882.02 255.95WATER UTILITY G&A OFFICE SUPPLIESMICRO CENTER 255.95 1,902.59SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 4,145.61PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 6,048.20 1,386.29OPERATIONSFIRE PREVENTION SUPPLIESMIDWEST BADGE & NOVELTY CO 1,386.29 2,514.96VEHICLE MAINTENANCE G&A MOTOR FUELSMIDWEST FUELS INVER GROVE HEIG 2,514.96 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 12 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 13Page -Council Check Summary - Vendor AmountBusiness Unit Object 10.00PE INVES/REVIEW/PERMITS IMPROVEMENTS OTHER THAN BUILDIMINNEHAHA CREEK WATERSHED DIST 135.67PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 145.67 21,552.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMINNESOTA DEPT HEALTH 21,552.00 200.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESMINNESOTA GO-4'S 200.00 127.00PRINTING/REPRO SERVICES OFFICE SUPPLIESMINUTEMAN PRESS 127.00 183.05ARENA MAINTENANCE BLDG/STRUCTURE SUPPLIESMINVALCO INC 183.05 40.00BOILER MTCE LICENSESMN DEPT LABOR & INDUSTRY 40.00 50.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESMOHAMUD, MOHAMED HASSAN 50.00 44.60CLEANING/DEBRIS REMOVAL GENERAL SUPPLIESNAPA (GENUINE PARTS CO) 10.12PARK BUILDING MAINTENANCE GENERAL SUPPLIES 4.03TREE MAINTENANCE GENERAL SUPPLIES 21.28PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVES 108.42PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 120.44GENERAL REPAIR GENERAL SUPPLIES 503.48GENERAL REPAIR EQUIPMENT PARTS 812.37 175.00GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICENATL AUTOMATIC SPRINKLER CO 175.00 1,031.72BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIESNEW PIG CORPORATION 1,031.72 96.72HUMAN RESOURCES TELEPHONENEXTEL COMMUNICATIONS 122.10DESKTOP SUPPORT/SERVICES TELEPHONE 43.98FINANCE G & A TELEPHONE 184.02EDA / HA REIMBURSEMENT TELEPHONE St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 13 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 14Page -Council Check Summary - Vendor AmountBusiness Unit Object 1,021.21POLICE G & A TELEPHONE 399.89OPERATIONSTELEPHONE 43.98PUBLIC WORKS G & A TELEPHONE 363.43ENGINEERING G & A TELEPHONE 321.17PUBLIC WORKS OPS G & A TELEPHONE 111.92PARK AND REC G&A TELEPHONE 580.94ORGANIZED REC G & A TELEPHONE 380.53PARK MAINTENANCE G & A TELEPHONE 96.74ENVIRONMENTAL G & A TELEPHONE 197.66WESTWOOD G & A TELEPHONE 96.74REC CENTER/AQUATIC PARK SAL TELEPHONE 125.25VEHICLE MAINTENANCE G&A TELEPHONE 376.63WATER UTILITY G&A TELEPHONE 176.45SEWER UTILITY G&A TELEPHONE 4,739.36 400.00INSPECTIONS G & A OTHER CONTRACTUAL SERVICESNORTHERN AIRE SWIMMING POOLS 400.00 336.46GENERAL REPAIR EQUIPMENT PARTSNORTHERN SAFETY TECHNOLOGY INC 336.46 568.84HUMAN RESOURCES RECOGNITIONNS GROUP 568.84 119.31STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESO'CONNOR, CHARLES 119.31 165.90ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE 165.90 97.60ADMINISTRATION G & A OFFICE SUPPLIESOFFICE DEPOT 86.62FINANCE G & A OFFICE SUPPLIES 45.75GENERAL BUILDING MAINTENANCE GENERAL SUPPLIES 423.98POLICE G & A OFFICE SUPPLIES 32.66OPERATIONSOFFICE SUPPLIES 98.43INSPECTIONS G & A GENERAL SUPPLIES 785.04 131.86NETWORK SUPPORT SERVICES DATACOMMUNICATIONSOFFICE OF ENTERPRISE TECHNOLOG 62.86VOICE SYSTEM MTCE TELEPHONE St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 14 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 15Page -Council Check Summary - Vendor AmountBusiness Unit Object 3,292.39FACILITY OPERATIONS TELEPHONE 79.33NEIGHBORHOOD OUTREACH TELEPHONE 595.01COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 4,161.45 495.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 495.00 103.58STORM WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESOLSEN CHAIN & CABLE CO INC 103.58 25.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESOLSON, MARNEY 25.00 3,907.87PORTABLE TOILETS OTHER CONTRACTUAL SERVICESON SITE SANITATION 185.31WESTWOOD G & A OTHER CONTRACTUAL SERVICES 4,093.18 1,022.25LOCATESOTHER IMPROVEMENT SERVICEONE CALL CONCEPTS INC 1,022.25 1,092.47CONCESSIONSCONCESSION SUPPLIESPEPSI COLA 1,092.47 4,675.00WIRELESS G & A INFRASTRUCTUREPEPWAVE LTD 4,675.00 18.67INSPECTIONS G & A GENERAL SUPPLIESPETTY CASH 65.00INSPECTIONS G & A MEETING EXPENSE 6.74WATER UTILITY G&A GENERAL SUPPLIES 5.05WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 95.46 14.40POSTAL SERVICES POSTAGEPETTY CASH - WWNC 8.51WESTWOOD G & A OFFICE SUPPLIES 4.62WESTWOOD G & A GENERAL SUPPLIES 26.86WESTWOOD G & A MILEAGE-PERSONAL CAR 5.23YOUTH PROGRAMS GENERAL SUPPLIES 1.49SUMMER GRADE 1 GENERAL SUPPLIES 17.47SUMMER GRADE 4, 5 GENERAL SUPPLIES 78.58 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 15 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 16Page -Council Check Summary - Vendor AmountBusiness Unit Object 291.79STS PROGRAM GENERAL SUPPLIESPHILIP'S TREE CARE INC 291.79 110.00PICNIC SHELTERS RENT REVENUEPHILLIPS, KAREN 110.00 231.67WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603 231.67SEWER UTILITY G&A POSTAGE 231.67SOLID WASTE COLLECTIONS POSTAGE 231.67STORM WATER UTILITY G&A POSTAGE 926.68 660.77INVASIVE PLANT MANAGEMENT LANDSCAPING MATERIALSPRAIRIE RESTORATIONS INC 660.77 65.00GROUNDS MTCE LANDSCAPING MATERIALSPRIVATE UNDERGROUND 65.00 480.00VEHICLE MAINTENANCE G&A BUILDING MTCE SERVICEPUMP & METER SERVICE 480.00 19,725.34WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 1,394.57STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 21,119.91 18.17E-911 PROGRAM TELEPHONEQWEST 64.17PARK MAINTENANCE G & A TELEPHONE 82.34 29,205.02TREE DISEASE PRIVATE SUBSISTENCE SERVICERAINBOW TREE CARE 16,058.23TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE 45,263.25 21.30WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING 21.30SEWER UTILITY G&A POSTAGE 21.30SOLID WASTE COLLECTIONS POSTAGE 21.30STORM WATER UTILITY G&A POSTAGE 85.20 75.00ADMINISTRATION G & A GENERAL SUPPLIESRECORD TRACKER 75.00 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 16 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 17Page -Council Check Summary - Vendor AmountBusiness Unit Object 468.30PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESREED BUSINESS INFORMATION 472.762005A GO CAPITAL PROJECT G&A IMPROVEMENTS OTHER THAN BUILDI 941.06 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESREHKAMP LARSON ARCHITECTS INC 225.00 76.57TV PRODUCTION GENERAL SUPPLIESRELIABLE OFFICE SUPPLIES 76.57 12,525.55WATER UTILITY G&A OTHER CONTRACTUAL SERVICESRMR SERVICES 12,525.55 261.18PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESRRT PROCESSING SOLUTIONS LLC 261.18 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESSALA ARCHITECTS INC 225.00 45.81SUMMER FIELDTRIPS GENERAL SUPPLIESSAM'S CLUB 3,540.05CONCESSIONSCONCESSION SUPPLIES 3,585.86 17.50PATCHING-PERMANENT GENERAL SUPPLIESSCHERER BROS. LUMBER CO. 17.50ROUTINE MAINTENANCE GENERAL SUPPLIES 35.00 5,887.30PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH 308.00STORM WATER UTILITY BUDGET OTHER CONTRACTUAL SERVICES 6,195.30 400.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESSHAPIRA, JOEL 400.00 66.37NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESSHARE, JOHN 66.37 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESSHELTER ARCHITECTURE 225.00 137.22GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESSHERWIN WILLIAMS 137.22 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 17 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 18Page -Council Check Summary - Vendor AmountBusiness Unit Object 520.31GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESSHERWIN-WILLIAMS CO 520.31 1,247.37CONCESSIONSCONCESSION SUPPLIESSIMON DELIVERS INC 1,247.37 50.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESSOLOMON, GABRIEL KOU 50.00 2,207.41ESCROWSPARK NICOLLET TRAFFIC STUDYSRF CONSULTING GROUP INC 24,343.48ESCROWSDuke Construction-Mps West TS 790.57ESCROWSPlanet Ford Traffic Study 15,805.58ACTIVE COMMUNITY PLANNING GENERAL PROFESSIONAL SERVICES .97STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 10,803.66PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 3,125.18PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 57,076.85 604.00AQUATIC PARK BUDGET PROGRAM REVENUEST LOUIS PARK LIONS 604.00 320.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESST LOUIS PARK TRANSP INC 320.00 5.00PLAYGROUNDSPROGRAM REVENUESTEFFY, MARY 5.00 830.74TREE INJECTION PRIVATE CLEANING/WASTE REMOVAL SERVICESTEIN, JOLYON 830.74 96.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESSTEPHAN, SCOTT 96.00 260.71BASKETBALLGENERAL SUPPLIESSTITCHIN POST 260.71BROOMBALLGENERAL SUPPLIES 130.36FOOTBALLGENERAL SUPPLIES 130.35SOCCERGENERAL SUPPLIES 260.71VOLLEYBALLGENERAL SUPPLIES 260.71KICKBALLGENERAL SUPPLIES 1,303.55ADULT SOFTBALL GENERAL SUPPLIES 2,607.10 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 18 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 19Page -Council Check Summary - Vendor AmountBusiness Unit Object 186.35VEHICLE MAINTENANCE G&A GENERAL SUPPLIESSTREICHER'S 553.78GENERAL REPAIR EQUIPMENT PARTS 740.13 1,588.98GENERAL REPAIR TIRESSUBURBAN TIRE WHOLESALE 1,588.98 275.28ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 275.28 5,560.86WATER UTILITY G&A OTHER IMPROVEMENT SERVICESWANSON PROCESS SERVICES 5,560.86 13.07POLICE G & A TRAININGTARGET BANK 95.59NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 108.66 155.95NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESTAYLOR, SHELLEY 155.95 49.55GENERAL REPAIR EQUIPMENT PARTSTERMINAL SUPPLY CO 49.55 94.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 94.00 359.12SEALCOAT PREPARATION GENERAL SUPPLIESTESSMAN SEED INC 359.12 148.35ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 148.35 202.16STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDITKDA 11,548.69PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 1,221.25WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 70.78PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 6,734.02PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDI 19,776.90 175.97GROUNDS MTCE LANDSCAPING MATERIALSTRUGREEN CHEMLAWN 175.97 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 19 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 20Page -Council Check Summary - Vendor AmountBusiness Unit Object 1,925.52PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTWIN CITY HARDWARE 1,925.52 4,073.86OPERATIONSTRAININGTWL KNOWLEDGE GROUP INC 4,073.86 109.79ENGINEERING G & A OPERATIONAL SUPPLIESUNITED RENTALS HIGHWAY TECHNOL 511.93SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIES 3,195.00TRAFFIC CONTROL OTHER IMPROVEMENT SUPPLIES 529.93TRAFFIC CONTROL OTHER CONTRACTUAL SERVICES 4,346.65 196.76WATER UTILITY G&A OPERATIONAL SUPPLIESUSA BLUE BOOK 196.76 13,533.38WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 2,808.53WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 5,183.48REILLY BUDGET OTHER IMPROVEMENT SERVICE 16,441.49SEWER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 56,757.87CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 19,784.90STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 114,509.65 186.59WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR 186.59 2,000.00ESCROWSVLADYKA, SERGEY 2,000.00 303.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSVOLUNTEER FIREFIGHTERS' BENEFI 303.00 707.43PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESWASTE MANAGEMENT-SAVAGE 707.43 5,721.46CONCESSIONSCONCESSION SUPPLIESWATSON CO INC 5,721.46 253.40SEWER UTILITY G&A SMALL TOOLSWILLIAMS STEEL & HDWE 253.40 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 20 08/29/2007CITY OF ST LOUIS PARK 9:15:21R55CKSUM LOG23000VO 21Page -Council Check Summary - Vendor AmountBusiness Unit Object 59.99OPERATIONSOPERATIONAL SUPPLIESWINDSCHITL, MARK 59.99 2,650.00EXCESS PUBLIC LAND OTHER CONTRACTUAL SERVICESWSB ASSOC INC 2,650.00 20.16OPERATIONSELECTRIC SERVICEXCEL ENERGY 5,829.06PARK MAINTENANCE G & A ELECTRIC SERVICE 21.85BRICK HOUSE (1324)ELECTRIC SERVICE 114.69WW RENTAL HOUSE (1322)ELECTRIC SERVICE 1,670.02OPERATIONSELECTRIC SERVICE 3,205.36OPERATIONSELECTRIC SERVICE 920.92OPERATIONSELECTRIC SERVICE 11,782.06 215,546.79NETWORK SUPPORT/SERVICES OFFICE EQUIPMENTXIOTECH CORP 215,546.79 400.00PATROLTRAININGYOUNG/MPLS SWAT, SGT MIKE 400.00 124.13VEHICLE MAINTENANCE G&A GENERAL SUPPLIESZEP MFG 124.13 12.12GENERAL REPAIR EQUIPMENT PARTSZIEGLER INC 12.12 75.32PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESZIP PRINTING 75.32 Report Totals 1,577,870.38 St. Louis Park City Council Meeting 090407 - 4k - Vendor Claims Page 21 St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 1 8a. Request for Preliminary Plat with Variances and Conditional Use Permit for Grading, Filling and Excavation – Duke Realty West End Project Location: 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard Applicant: Duke Realty L.P. Case No.: 07-28-CUP, 07-31-S, 07-32-VAR Recommended Action: Motion to recommend approval of the preliminary plat with variances. Motion to recommend approval of conditional use permit for grading, filling and excavation. DESCRIPTION OF REQUEST: Duke Realty L.P. requests preliminary plat approval with subdivision variances for unplatted property it proposes to redevelop. The developer also requests a conditional use permit (CUP) for grading, filling and excavation of more than 400 cubic yards of soil. The CUP and preliminary plat will allow the developer to proceed with significant soil correction work in preparation for future redevelopment. The scope of work also includes public utility and roadway improvements. The developer submitted the required supporting documents for the preliminary plat and CUP applications. The proposed improvements are not associated with specific site or building plans, at this time. The plans set the basic framework for redevelopment of the Duke site by establishing the location and providing the rights-of-way for the extensions of W. 16th Street and Utica Avenue. The plat also dedicates additional r-o-w on Park Place Boulevard and Gamble Drive to accommodate future street improvement. The developer will submit rezoning, preliminary plat amendment, final plat and planned unit development (PUD) requests in the next four to six months as actual building and site plans are prepared and submitted to the city for approval. BACKGROUND: Duke is planning to redevelop 35-acres of the site (total site: 42.67 acres) with office and retail development at the southwest quadrant of I-394 and Highway 100. Duke Realty owns two existing office towers and land leased to Chili’s and Olive Garden, which will all remain. The other structures on the site will be razed, including an abandoned tennis club, a large warehouse building and three low-rise office buildings. Duke’s concept development plans include approximately 1.1 million square feet of Class A office space, 350,000 square feet of retail space, a hotel, gathering areas, and green space. While site plans have not been approved, the City Council has indicated its interest in pursuing office development while continuing to work with the community on the retail design of the project. This process includes working with a citizen committee to review the retail layout and public gathering spaces included in the development. Because the design process will take some time, the applicant would like to proceed with demolition, soil correction and utility work to prepare the site for future buildings. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 2 The alignments for the 16th Street and Utica Avenue extensions have been determined based on existing conditions surrounding the site, the Comprehensive Plan and preliminary redevelopment plans for the Duke site. Soil correction and utility upgrades needed to accommodate the planned density of development on the site has been incorporated into the plans. The preliminary plat is a means of formalizing these decisions to allow the developer to proceed with site preparation proposed in the conditional use permit application. The proposed preliminary plat provides a phased approach to the development. The developer is designating the future development areas as outlots. The City will require the developer to replat these sites into Lot and Block descriptions prior to construction on the parcels. Additional review of the right-of-way widths and public easements will be conducted when the final site plan is complete. Additional right-of-way may be required at that time. SITE INFORMATION: Site Location Map: St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 3 Zoning: O – Office and IP – Industrial Park Comprehensive Plan: Office Site Area: 42.67 acres Current Land Uses: Industrial warehouse (Novartis Distribution Facility), Tennis Courts, MoneyGram and 1600 office towers, 3 small office buildings, Chili’s and Olive Garden restaurants, surface parking Surrounding Land Uses: North: Associate Bank Office Building, future hotel, Wayzata Boulevard, I-394 East: Health Partners Office Building, Highway 100 South: Gamble Drive, Parkdale Office Complex West: Park Place Boulevard, Costco, Home Depot, multi-tenant commercial buildings, hotel PRELIMINARY PLAT ANALYSIS: The developer proposes a preliminary plat for 42.67 acres known as “The West End.” The preliminary plat consists of three lots for existing buildings, three outlots for future development, and dedication of right-of-way for Gamble Drive, Park Place Boulevard, 16th Street West, and Utica Avenue South. The preliminary plat arranges streets to expand or continue the existing street pattern in the area. Lots 1 and 2, Block 1 cover the existing Chili’s and Olive Garden restaurants. Lot 1, Block 2 contains two office towers (MoneyGram and 1600 Tower), an operations center, and parking structure. The proposed street right-of-way widths for Utica and 16th Street West fall within the minimum street width range 70 feet to 110 feet required for commercial streets. The proposed right-of-way width of Gamble Drive also meets this requirement, except near the intersection of Utica Avenue where it narrows to approximately 68 feet. The City has begun preliminary design for the off-site improvements to Park Place Boulevard to accommodate traffic mitigation improvements required by the Alternative Urban Areawide Review (AUAR) completed for the site in 2007. Early design plans indicate the proposed right- of-way dedication is adequate, with some minor exceptions. Staff will work with the developer to correct these minor discrepancies prior to final plat. Also, Duke must re-plat (amend the preliminary plat) in order to develop the outlots in the future, which offers the City another opportunity to review right-of way needs. Engineering Review: City Engineer Scott Brink and consulting engineer Ron Quanbeck, P.E. of TKDA reviewed the CUP and Preliminary Plat application materials. Overall, the City Engineer finds the street, drainage, grading, utility and erosion control plans are acceptable. There are several issues to be addressed in the proposed Planning Development Contract, additional details to be provided and St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 4 minor revisions to be made to the plans before the developer starts any site work (excluding building demolition). The attached review letters from the City Engineer and TKDA list those issues. City Utilities: Water and sewer mains will be extended to serve the subdivision. The plans propose service connections to the property lines, based on the developer’s best estimates of where they will be needed in order to avoid disturbing the new streets. Stormwater will be stored and treated in a temporary pond on Outlot A. The Fire Marshal will require moving two of the proposed fire hydrants shown along 16th Street in order to meet spacing requirements and improve access. The hydrant on the south side of 16th Street must move approximately 315 feet west to the curb cut (for West End Boulevard shown in concept plans). The hydrant on the north side of 16th Street must move approximately 95 feet west to the future driveway curb cut (near the alley intersection shown on concept plans). The Fire Marshal will also require separate domestic and fire service water lines in order to ensure adequate water supply for fire service and improve water quality for domestic service. The developer may achieve this requirement by looping the 8-inch service in the future development or providing separate domestic service lines directly from the water main in 16th Street. Sidewalks: The plans propose construction of 6-foot wide concrete sidewalks, temporarily, to meet accessibility requirements. The developer anticipates installing much more elaborate streetscaping (wider sidewalks, landscaping, lighting, etc.) when outlots develop in the future. Tree Preservation: The developer does not propose any tree replacement within the scope of work for preparing the site for future development. Again, the developer anticipates providing many tree plantings with the future redevelopment of the site. Without a formal commitment to plant these replacement trees at this time, staff recommends the City collect the entire tree replacement fee from the developer and hold it in escrow until there is an approved landscaping plan and a performance guarantee submitted to the City. The developer may then receive credit for tree replacement and the City will return an appropriate proportion of the escrow. Easements: The preliminary plat does not provide the required drainage and utility easements around the perimeter of the southern lot that contains the existing office towers (Lot 1, Block 2) as required by City Code. The developer applied for a subdivision variance to allow reduced perimeter easements around these lots. SUBDIVISION VARIANCE ANALYSIS: The subdivision code requires drainage and utility easements abutting streets to be 10 feet wide. The applicant requests a subdivision variance to allow Lot 1, Block 2 to have easements that are three to five feet wide on the lot lines abutting Gamble Drive, Utica Avenue and 16th Street (see attached Preliminary Plat). The applicant provided their reasons or the request, as follows: St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 5 The West End is a challenging redevelopment site with existing buildings bisecting the site, including the 1600 Tower, MoneyGram Tower, Chili’s and Olive Garden. The overall property is being platted in order to dedicate right-of- way for Utica Avenue and 16th Street. The existing towers do not conform to City standards for easement setbacks due to Utica Avenue being a private road… The private ROW in front of 1600 Tower extends to within 3 feet of the entry stair/permanent structure. In addition the newly created 16th Street ROW is very close to the MoneyGram building and will require significant retaining wall in areas to provide sidewalk connections. In order to avoid title encumbrances Duke Realty requests a 3 to 5 feet wide utility easement around the combined 1600 Tower/MoneyGram Tower (Lot 1, Block 2). …granting the variance will not impair the proposed development. The development is a dense urban site due to both the existing economics of the land basis as well as the desire of both the developer and the City for maximum market impact. Staff finds the applicant meets the standards for granting subdivision variances for the existing office tower buildings and ramp on Lot 1, Block 2. There are special circumstances in that the buildings are existing and were previously approved for building prior to platting. The granting of the variances will not be detrimental to the public health, safety or welfare of the community and are not contrary to the intent of the Comprehensive Plan. CUP ANALYSIS: City Code Section 36-79, “Grading; Filling and Land Reclamation; Excavation and Mining” requires a CUP to prevent any adverse impacts to the health, safety or welfare of the surrounding community. The CUP application and plan meets the general zoning requirements. Attached is a letter from the developer describing in some detail the proposed grading, filling and excavation work. Below is a summary of the proposal and analysis based on City Code requirements. The proposed road and utility construction and soil correction requires extensive grading. Current soil conditions are varied (detailed analysis of the soils are provided in the Preliminary Geotechnical Evaluation by AET and Braun Intertec on file with the City). General activities would include excavating and exporting poor soils, on-site mining and mixing of soils with structural capacity, importing necessary structural fill from on-site locations, placement and compaction of structural soils. The developer may use earth retention systems in areas where deep soil corrections are needed near property lines. These areas include the north and northwest side of the Novartis warehouse site and the east side of Outlot A near Wayzata Boulevard. The general location of proposed retention systems are shown on the attached “Site Usage Plan.” Approximately 100,000 cubic yards of poor soils will be hauled off-site following the proposed haul route on the attached Site Usage Plan. Assuming an average of 12 cubic yards per truck, the developer estimates 8,300 truck trips. The developer expects to use on-site sand for soil correction and does not anticipate importing soil. See the attached Grading and Erosion Control Plans for proposed finished grade elevations. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 6 The developer also proposes on-site crushing operations to recycle the materials from demolition as road base material. Approximately 20,000 cubic yards of crushed concrete will be generated from the demolition. The total volume of crushed concrete base is 7,000 cubic yards and total volume of crushed asphalt paving base is 13,000 cubic yards. The earthwork portion of the project will be performed using standard construction equipment (excavators, loaders, bulldozers, scrapers, trucks and compactors). Health and safety protocols, dust control practices, and erosion control practices will be used during the operations. How will the proposed excavation affect the surrounding properties? The site preparation work (Phase 1A) will not have long-term negative impacts on surrounding properties. Phase 1A work will not significantly change the existing ground elevations. Upon completion, surrounding properties will benefit from improved access through the site. Short- term impacts (six months) will include temporary road relocations/closures, traffic, noise, vibration, erosion and dust associated with the hauling and crushing operations. The draft Storm Water Pollution Prevention Plan (excerpt attached) describes the measures Duke will use to mitigate negative impacts. The developer has already begun meeting with surrounding property owners and tenants. The primary impacts will be on employees and customers of the nearby offices, restaurants and hotel. There will be noise and vibrations typical in demolition and excavation activities. The developer will prepare an existing conditions survey of buildings immediately surrounding the property to document that site construction activities do not impact operations. The developer will perform vibration monitoring in selective buildings to ensure that the construction activities do not affect operations. The City has recommended the developer hold a meeting of surrounding businesses prior to construction to discuss the operations and the potential impacts. All work will occur between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and the hours of 9:00 a.m. and 10:00 p.m. on Saturdays and Sundays as required by City Code. Staff recommends limiting crushing operations to 7:00 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. to 7:00 p.m. on Saturdays, with the City reserving the ability to further limit work hours for the on-site crushing operations if problems arise. What measures will be taken to ensure erosion and sedimentation control? The developer will install silt fence and catch basin inserts, stabilize construction entrances, stabilize exposed areas and stockpiles after 21 days of last construction activity in that area, complete grading and install permanent seeding and plantings, remove accumulated sediment from basins and storm structures. Dust control for the on-site crushing operations will be handled either by manually watering the material down or by use of a dust control machine. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 7 What traffic impacts are associated with the proposed excavation? Transportation vehicles carrying imported and exported soils will be required to travel to and from the site using Interstate 394 and Park Place Boulevard only. Vehicles will enter and exit the site from 16th Street on the west side of the site. Access points will be prepared to minimize soil erosion and sediment issues. This is the shortest route on city streets and limits impacts on St. Louis Park motorists. The site is located near Highway 394, 16th Street West is a signalized intersection, and the former Novartis distribution facility had a similar amount of truck traffic. Fencing Perimeter fencing of 6’ in height is required for security purposes. PLANNING COMMISSION ACTION: On August 1, 2007, the Planning Commission held a public hearing on the applications. No one was present to speak at the hearing. The Planning Commission recommended unanimous approval, subject to the recommended conditions. RECOMMENDATION: Planning Commission and staff recommend approval of the Preliminary Plat of “The West End” with a variance for easements on Lot 1, Block 2 and the Conditional Use Permit (CUP) for grading; filling and land reclamation; excavation and mining, subject to the conditions in the attached draft resolutions. Attachments: Draft Resolution Approving the Preliminary Plat with Variances Draft Resolution Approving the Conditional Use Permit City Engineer Review Letter TKDA Review Letter Planning Commission minutes 08-01-07 (excerpt) Duke Application Description Letter (supplement) Excerpt of Draft Storm Water Pollution Protection Plan (supplement) Preliminary Plat (supplement) Bench Grading Plan & Erosion Control Plan – 16th Street (supplement) Bench Grading Plan & Erosion Control Plan –Utica Avenue (supplement) Site Usage Plan (includes hauling route) (supplement) Prepared by: Sean Walther, Senior Planner Meg McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 8 RESOLUTION NO. 07-089 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF THE WEST END WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR EASEMENTS 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Duke Realty L.P., owner and subdivider of the land proposed to be platted as The West End, has submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for easements (Section 26-154) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The requested variance from the Subdivision Code, Section 26-154 “Easements” is for the drainage and utility easements along the south, east and north property lines of Lot 1, Block 2, of the proposed subdivision. The easements provided are three feet to five feet wide, where 10 feet is typically required. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: SEE EXHIBIT A 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to significant existing structures on the subject property. 5. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The reduced drainage and utility easements on Lot 1, Block 2 provide adequate space for existing and proposed utilities. 6. The variance corrects inequities resulting from an extreme physical hardship. Existing, multiple-story office buildings and parking structures on Lot 1, Block 2 of the proposed plat would encroach into drainage and utility easements if the standard perimeter easements were required. 7. The variance is not contrary to the intent of the Comprehensive Plan. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 9 8. The proposed preliminary plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. Conclusion 1. The proposed preliminary plat of The West End, with a variance for easements, is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the conditions of this resolution, approved Official Exhibits, and City Code. B. Approval of the preliminary plat does not constitute approval of any site or building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. C. Adjustments of rights-of-way on the final plat must include adequate land for all street improvements recommended in the Alternative Urban Area-wide Review (AUAR) for the property, approved on April 9, 2007. Minor discrepancies in right of widths provided remain along Gamble Drive, Park Place Boulevard, and 16th Street. The applicant shall submit revised plans to correct these discrepancies. D. Outlots must be re-platted into lots and blocks prior to City issuance of building permits. Additional right-of-way for streets and/or streetscaping may be required when the outlots are re-platted. E. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer prior to any construction. F. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed prior to commencing any site work or land disturbing activities. G. Park dedication fees for the entire property are required. Park dedication fees will be collected prior to releasing the Final Plat for filing, except that dedication fees will be collected on outlots when they are re-platted into buildable lots and blocks. H. All site work shall meet the Fire Marshal’s requirements for safety, access and fire hydrants. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 10 I. The applicant shall reimburse City attorney’s fees in drafting/reviewing such documents as required in the preliminary plat approval. J. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 11 EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property-Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2-Certificate of Title No. 1012676) St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 12 Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property-Certificate of Title No. 1012735) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 687548) St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 13 Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 14 RESOLUTION NO. 07-090 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILLING OF MORE THAN 400 CUBIC YARDS FOR PROPERTY ZONED O – OFFICE AND IP – INDUSTRIAL PARK LOCATED AT 1551 AND 1621 PARK PLACE BOULEVARD, 1550 AND 1600 UTICA AVENUE SOUTH, AND 5201 AND 5245 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Duke Realty L.P. applied to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park ordinance code relating to zoning to permit grading, filling and excavation of more than 400 cubic yards for property zoned O – Office and IP – Industrial Park district located at 1551 and 1621 Park Place Boulevard, 1550 and 1600 Utica Avenue South, and 5201 and 5245 Wayzata Boulevard, legally described as: SEE EXHIBIT A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07-31-CUP) and the effect of the proposed grading, filling and excavation on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the excavation and filling will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed excavation and filling is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 07-31-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit excavation and filling of more than 400 cubic yards at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Official Exhibits incorporated by reference herein. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 15 2. Approval of the Conditional Use Permit does not constitute approval of any site or building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. 3. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer prior to any construction. 4. Prior to starting any site work or land disturbing activities, the following conditions shall be met: A. The applicant shall acquire Preliminary Plat approval from the City of St. Louis Park. B. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. An assent form and official exhibits must be signed by applicant prior to any site work or land disturbing activities. C. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed prior to commencing any site work or land disturbing activities. D. All necessary permits from the city and other agencies must be obtained by the developer. All engineering requirements must be met. E. A preconstruction meeting must be held by the Developer with the City to ensure all applicable requirements are met. F. A Tree Removal Permit must be acquired by the developer. Tree replacement fees must be paid to an escrow account, a portion of which may be replaced by a letter of credit when the landscape plan is approved. 5. The developer shall comply with the following conditions during construction: A. Construction activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends. B. Concrete crushing of the building materials is allowed on site. The hours of operation for crushing operations shall be limited to 7:00 a.m. to 7:00 p.m. C. The site shall be kept free of dust and debris that could blow onto neighboring properties. D. The developer must comply with all state and local dust control and noise regulations. The Developer shall monitor dust and noise levels at the perimeter of the site, and report the results to the City of St. Louis Park Inspections Department. E. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6. The developer shall carry out soil correction for future redevelopment in accordance with the requirements of the Building Official. 7. Hauling shall use the following routes only: Interstate 394 to Park Place Boulevard to the site; and the reverse route. The developer is responsible for cleaning the public streets when spillage occurs. 8. The developer shall install chain link fencing, at least six feet tall, to secure access to the site. 9. Upon completion of excavation and filling, the applicant shall restore all streets and disturbed areas on the site shall be re-vegetated with a City-approved ground cover. 10. Under the Zoning Ordinance, the Conditional Use Permit shall be revoked and cancelled if the conditions of approval are not met. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 16 11. This permit shall only be valid for one year from the date of approval. 12. All site work shall meet the Fire Marshal’s requirements for safety, access and fire hydrants. 13. The applicant shall reimburse City attorney’s fees in drafting/reviewing such documents as required in the plat approval. 14. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 17 EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property-Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2-Certificate of Title No. 1012676) St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 18 Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property-Certificate of Title No. 1012735) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 687548) St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 19 Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 20 August 29, 2007 David Bade Duke Construction 1600 Utica Avenue South Suite 250 Minneapolis, Minnesota 55416 RE: Revised Plans Submittal West End Phase 1 Development Review David: Plans for the West End Phase 1A plans were previously submitted and reviewed. Review comments were forwarded to Duke Construction in a letter compiled by Ron Quanbeck of TKDA (7-26-07), and myself (8-7-07). Revised plans were received by the City on August 23, 2007. I have subsequently reviewed the plans, which consist of the following: Sheets C1A, C1B, C2A, C2B, C3A, C3B, C4A, C4B, C5A, C5B, C6A, C6B, C7A, C7B, C8A, C8B, and C9A, all dated June 18, 2007 and revised August 23, 2007. Updated geotechnical reports from American Engineering Testing (August 20, 2007) and Braun Intertec (August 20, 2007) have also been provided. Most of the comments in the previous correspondence have been addressed. The following comments are issues that may either still need to be addressed further, or are being repeated as a reminder and further awareness for all. 1. A Development Agreement must still be finalized and agreed to by both parties before any site work commences. It is expected that many of the items stated in this letter will be addressed in the Agreement. 2. All Sheets have been provided a signature block. The plans must be signed by a Registered Professional Engineer before any permits are issued and any work is allowed to proceed. Permits of other agencies as applicable must also be attained by the developer before any work is allowed to proceed (including but not limited to: MnDot, Minnehaha Creek Watershed District, MPCA, City of Golden Valley, Minnesota Department of Natural Resources). 3. Updated geotechnical reports as mentioned above have been provided, and address the majority of the geotechnical related issues raised in the previous review comments. Further comments are as follows: St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 21 a) The geotechnical reports recommend a bituminous pavement section for both 16th Street and Utica Avenue. As a result, a section has been provided on the Detail Sheet (C9A). However, it is not mentioned that this section is specifically for 16th, Utica, or elsewhere. The bituminous pavement section should be shown on the sheets specific to those streets, or on Sheets C4A and C4B. As previously stated, all public streets must be designed and constructed to a 9-Ton design per MnDot state standards. b) The geotechnical reports address soils with regards to underground utilities. The report states that for the directional drilling portion of the deep sanitary sewer, a properly designed earth retention system (designed by a registered professional engineer) must be provided, including provisions for extensive dewatering. As stated, this applies not only for the access/drilling pit, but for all deep manholes and structures as well. This all must be stated clearly on the plans, including construction limits shown for the access pits. Support adequacy of the existing soils for the sewer pipe itself (in the directional drilled portion) are not addressed in the report. c) As mentioned above, the geotechnical report suggests that very significant amounts of de-watering will be required. The Developer and/or contractor will be responsible for securing all permits as required. 3. The temporary relocation of the signal pole (s) at Park Place Blvd and 16th must be further addressed, beyond what is noted on the plan. The signal mast arms, luminaries, and wiring will need to designed and detailed for relocation by a professional engineer, even for temporary service. The developer will be responsible for providing the design and details for retrofitting or redesign of the signal, and will be responsible for relocation and/or reconstruction of the signal in accordance with a plan approved by the City. 4. As previously mentioned, the 16th Street Utility Plan shows several water and sewer services extending to the north and south to serve future buildings. At this time, the location of existing buildings has not been approved. Therefore, any future building locations would need to be fixed upon these locations for serviceability. If the building locations should change, thus requiring changes to the locations of the services, the reconstruction and replacement of the disturbed roadway will be very costly. A simple cut and patch will not suffice for the new street, as the City’s right of way permit pavement replacement standard for cutting in new streets is very clear, and a very substantial cost to the Owner/Developer will result if changes are made. This standard will also apply to all other excavations in City right of way, including Park Place Boulevard, Gamble Drive, Wayzata Blvd, and other streets as applicable. A copy of the City’s ROW street and pavement restoration requirement standards can be provided and should be at a minimum be noted for prospective Contractors. 5. The plans must show construction limits for the watermain connection at Park Place Boulevard. The connection will be made in the center of the intersection and will require negotiation of several public and private utilities, and also traffic control. Prior to commencing work, the Contractor will be required to submit a work plan specific to this operation (subject to approval), which also includes a traffic control plan, and the use of restricted hours as deemed necessary by the City. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 22 6. On Sheet C7A, a hydrant should be installed at the intersection of 16th Street and West End Boulevard. 7. On Sheet C7B, an existing 12-inch watermain parallels the existing deep 30-inch sanitary sewer to be abandoned. A note must be provided that the watermain shall be removed and plugged at the existing main that will remain in place. Services again should also be verified. 8. On Sheet C2B (demolition), the existing watermain to be removed must be plugged at the main (should be noted). 9. The sanitary sewer construction along the east side of Park Place Boulevard is deep (12- 14 feet), and appears to be immediately adjacent to the roadway. The plans must show construction limits and traffic control as required. 10. The direction of flow between CBMH 206 to CBMH 205 appears to be different than that shown in the final plans. The stormwater pipe connection from 16th to Utica should therefore be verified. 11. The size of the existing storm sewer connection at the south end of Utica Avenue must be verified. 12. Pavement marking details will need to be further provided (type of paint or pre-formed markings, patterns, etc.). Final plans may eventually propose something different with regards to crosswalks. 13. Space or an area on the plan must be identified and labeled for potential sanitary sewer overflow mitigation as identified in the AUAR. 14. Upon any grading, surfacing, or other work, all utility castings (valves, manholes, and other), must be raised to at-grade or above grade (as appropriate) within 48 hours of being covered. This includes all castings (existing or new) and must be noted accordingly on the plans. 15. The developer should be aware that the intersection of 16th Street and future West End Boulevard is different than that shown on the final plans. The developer would therefore be responsible for the reconstruction of 16th Street at this location (or other locations such as the intersection of 16th and Utica) where the future final improvements differ than that shown in these Phase 1 plans. 16. Location of all existing services (water and sanitary sewer) for existing businesses requiring the maintaining of service during construction must be verified prior to any utility work. For example, existing service locations for corner or similar properties such as Olive Garden (Utica or Wayzata Boulevard) must be verified. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 23 17. Interim landscaping (Sheets C8A and C8B), including snow plowing and storage, and lighting responsibilities will need to be identified and spelled out clearly in a Developer/City Agreement or other appropriate measure. This may involve a Special Services District or responsibility of the property owners to maintain the boulevards and landscaping. The developer shall be made aware that the placement of sidewalk directly behind the curb and the limited right of way proposed does not allow for adequate and safe snow storage (for the street and the sidewalk) as typically practiced in St. Louis Park and communities throughout Minnesota. Therefore, the developer and/or future property owners will be responsible for all sidewalk and boulevard snow removal in perpetuity and shall also be responsible for attaining locations to deposit snow. 18. The developer and contractor are made aware that road weight restrictions are designated on all State, County, and City streets at designated dates in late winter and spring. Therefore, any hauling or transport of or by heavy vehicles on all streets surrounding the property will be subject to weight restrictions in accordance with regulations of the State, County, and City. Additional (supplemental) review comments from TKDA will also be forthcoming. If you have any questions regarding these comments and wish to discuss further, please let me know. Sincerely, Scott A. Brink, P.E. City Engineer St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 24 August 28, 2007 Mr. Scott Brink, P.E. City Engineer City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 Re: West End Development Review City of St. Louis Park, Minnesota TKDA Project No. 13963.000 Dear Mr. Brink: The following are my comments based on an engineering review of the Construction Plans for West End - Phase 1A Development, revised August 23, 2007, and supporting information provided by David Bade, Duke Construction. I did not review in detail the traffic or tree preservation/landscaping components of the plan or the drainage calculations. General 1. The demolition plan indicates construction extends onto the property to the north, 5353 Wayzata Boulevard. The Developer’s letter indicates that a construction easement will be provided. This must be received prior to construction. 2. Crushed concrete is proposed to be used in the roadbed. The Developer’s letter indicates Mn/DOT materials specifications will be followed for the material. This should be included in the project specifications. Sanitary Sewer 1. The specific micro-tunneling technique will need to be approved by the City to ensure it can maintain line and grade within acceptable tolerances. 2. The plan should specify that the watermain is to be protected during installation of the sanitary sewer along Utica Avenue. Watermain 1. The valves for the water service stubs should be located near the property line. 2. A detail for the watermain offset must be provided. Grading/Drainage 1. Inlet protection should be required for the proposed catch basins after their construction. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 25 2. Maintenance of the rock entrance berm and inlet protection should be maintained in the same way as the silt fence. Revise the notes to reflect this maintenance. Streets 1. Work proposed to modify the island at Utica Avenue and Gamble Drive should be shown on the plans, including any necessary details. 2. Pedestrian ramps should be provided for the sidewalk at the Health Partners driveway. 3. From the final development plan it appears that there should be a stub from the storm sewer in Utica Avenue upstream from STMH 211 to the future underground treatment facility. It should be installed during street construction to avoid disturbing the roadway in the future. 4. The parking bay construction should be clearly shown, including pavement depth, reinforcing, and a valley gutter. A valley gutter appears clearly on one of the details on Sheet C6C, however, not the other details. 5. Temporary curb and sidewalk has been shown on the plan. Details should be included describing how it is constructed and how it is different from standard curb and sidewalk. Overall Plan I did not review the overall plan, but I did note two issues that should be addressed when the plan is reviewed. 1. The right-of-way shown on the Preliminary Plat with the overall plan does not match the right-of- way shown on the Preliminary Plat with the Phase 1A plan and does not appear to be adequate. 2. The casting rim of CBMH 260 is lower than the high water elevation for the underground stormwater storage facility it drains into. The system should be adjusted to remedy this. If you would like to meet to discus this review, have questions, or need additional information, please contact me at (651) 221-4674. Sincerely, Ronald S. Quanbeck, P.E. RSQ:cme St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 26 UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA August 1, 2007--6:00 p.m. COUNCIL CHAMBERS 3. Hearings A. Conditional Use Permit and Preliminary Plat with Variances Location: 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard Applicant: Duke Realty L.P. Case No.: 07-28-CUP, 07-31-S, 07-32-VAR Meg McMonigal, Planning and Zoning Supervisor, introduced the project. She said further details will come forward with the preliminary and final PUD, possibly early next year. She introduced Don Quanbeck with TKDA, an engineer consulting with City staff and reviewing the project. Sean Walther, Senior Planner, presented the staff report and recommendations with conditions. He explained that staff recommends approval of subdivision variances for reduced easements for the existing office tower buildings and ramp on Lot 1, Block 2. He said staff does not find that standards are met for granting variances for reduced easements on the Olive Garden and Chili’s sites. Commissioner Carper asked if the buildings to be destroyed had any hazardous materials they should be concerned about such as asbestos and lead paint. Mr. Walther responded there are materials such as those in the building and environmental work needs to be done to remove those materials in advance of demolition. He explained that work is not part of this particular application. Commissioner Carper asked how the City could be assured of the content of the dust. Mr. Walther replied he would ask Duke representatives to address that. Commissioner Carper asked when the pad preparation would be completed. Mr. Walther believed it would occur in four to six months. Stock piling of materials may occur on the northeast side, and excess materials may be hauled off-site over a longer period of time. The permit for the conditional use permit was good for one year from the time of approval and the applicant expected that would be resolved within that time period. If not, they may need to come in for an additional permit. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 27 Commissioner Carper noticed in part of the discussion from Duke and in their letter they talked about putting grass seed down and preparing the soil at the conclusion. He asked what happens if they find themselves in the off-season. Mr. Walther replied that any grass installation would occur in the spring. He said he was unsure of the timing. He said that Duke may be able to better determine that date. Commissioner Carper asked if there would be any other type of remediation to avoid dust blowing off the lot. He asked what they do during the winter. Mr. Walther replied he did not know the details, however an erosion control permit would be required which the Environmental Coordinator and Public Works Department would enforce. He said in addition, there is a storm water pollution prevention plan and permit required through the MN Pollution Control Agency. Both of those permits would include conditions of how and when that would need to be stabilized. He thought the permits outlined a period of 21 days for stabilizing the area if grading or disturbing operations had ceased. Mr. Walther said the developer may be able to provide more information. Commissioner Carper inquired about the office buildings, Novartis and the tennis club. He asked how many businesses currently occupy those buildings. Mr. Walther responded that the tennis club is vacant and Novartis vacated its building on July 31st. He did not know the status of the other buildings. Commissioner Carper asked about relocation of the businesses and the numbers of employees. Mr. Walther indicated he did not know the statistics and said the developer may have more information. Commissioner Carper asked if Duke owns the existing office buildings. Mr. Walther replied that Duke owns the 1600 Tower and Money Gram Tower. They also own the land for the Chili’s and Olive Garden sites. The Health Partners building on the southeast corner and the Parkdales Office buildings to the south of Gamble are not owned by Duke. Commissioner Person noted a minor discrepancy in the Duke letter to staff and the consulting engineer (TKDA) letter regarding sewer and water mains. Mr. Walther requested that Duke or the consulting engineer respond. Commissioner Morris spoke about the street dedication plans. He commented that 16th would be a brand new street. He explained that Utica is an existing street that would then be dedicated as a public street. In looking at the street profiles, he saw a 10 ½ foot right of way back of curb broken out as 6 ½ feet of sidewalk. He found it seriously St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 28 deficient in the forestry and landscaping. He said putting the sidewalk right next to the street where the snow plows push the snow onto the sidewalks, limits accessibility. Street lights and signs take up the edge of the curb and leave four foot sidewalks. He said that was not pedestrian or ecologically friendly for such a major development with proposed pedestrian usage both from the parking ramp to the office towers and to the development site. Mr. Walther responded this is set up as an interim strategy. The final planned unit development would include a combination of improvements beyond the right of way line shown now that may be on private or public property. He said that was what concept plans have shown so far and where he thought plans were headed. It was possible additional right-of-way would be required, especially along Outlots A, B and C, where they had not finalized development plans. He said additional right of way may be required of the developer when they come back for preliminary and final plat for those particular outlots. Commissioner Morris indicated he just wanted to raise a flag on this issue. Ms. McMonigal added that a minimum of six-foot sidewalks in commercial areas is required and the streetscape scheme for 16th is being worked on. Staff will be working on that with the citizen committee and consultants who are assisting with the streetscape design. Commissioner Person noticed a few other discrepancies in the documents. He said plate C5B, grading note 8 says that all excess material shall be disposed of off the construction site. The other letters indicate all of the demolition material would be crushed and reused on site. Mr. Walther responded there was a partial discrepancy. Approximately 7,000 cubic yards of materials would be crushed and used. The remainder would be exported off-site. Commissioner Person said that note 17 says all routes shall be Wayzata Boulevard and Gamble Drive to Park Place Boulevard to 394. Mr. Walther replied that was a discrepancy. It was in the letter from Duke Realty describing the project, as well as in the staff report conditions of approval, that it only comes off of Park Place at 16th. The developer was correcting the plans to indicate that correctly. Commissioner Carper noted in one paragraph the Duke letter stated that general activities would include excavating and hauling off of porous soils. It also says it will include importing of necessary structural fill. In the following paragraph it says Duke expects to use on-site sand for soil correction and does not anticipate importing soil. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 29 Mr. Walther replied some of this was due to limited knowledge of the site and materials. Soil borings had been done on the site, but the Novartis Warehouse was a barrier to doing some of the soil boring. They were working on some guesswork and limited knowledge based on the soil borings that were done. He explained that was not necessarily a discrepancy. Mr. Walther said he thought they were still anticipating there were enough good soils on the site to mix and provide what they needed on the site. However, if they find there is not, they might need to import structural fill. Commissioner Carper asked with the volume of construction traffic, does the developer bear any responsibility for the condition of the road when it is done and bringing it back to its current state or better. Mr. Walther responded the developer would be responsible for street cleaning. Park Place Boulevard would require additional improvements before the concept plan can become a reality. That includes turn lanes and other thru-lanes. In addition, Park Place Boulevard is in somewhat poor condition already and has money slated in the Capital Improvements program for mill and overlay. Commissioner Carper asked if the developer would contribute toward road reconstruction costs. Mr. Walther replied that could be discussed as they go through the negotiation of development points for the site. Ms. McMonigal added that there will be preliminary design evaluations done for Park Place Boulevard to determine if it needs a full reconstruction or if the expansion with a mill and overlay would be sufficient. The engineers doing that work would take into account the wear and tear on the roadway. David Bade, Duke Realty Development Services Manager and Civil Manager, stated they had reviewed the staff report and concurred with the recommendations. They agreed the Olive Garden and Chili’s could meet the 10-foot standards and have a shared 5-foot internal easement. They had also looked at the 1600 Tower and MoneyGram lot and due to the pinch points, they went for the 3-foot easement. After further consideration, they would be making changes and putting a 5 foot easement around the property as much as they could until they got to the pinch points. That would be incorporated in the plans before it goes to Council. All sidewalks will be concrete, not bituminous. They will follow all noise, vibration and dust ordinances and concur with the hours of operation. Related to that, they will be having at least one, if not several pre-construction meetings with the subcontractors and City staff. The haul route will be off of 16th directly into Novartis. Plans will be put out to bid and one of the stipulations will be that they follow that haul route exclusively. A 6-foot chain link safety and security fence will be provided. He said Duke had applied for and received their NPDS Storm water permit for the grading operations and have a storm water pollution prevention plan in place both for the NPDS requirements and for the City process. That would continue to be refined as they get closer to the project. They met with the Watershed District and will have erosion control and storm water permits. They will be receiving comments back from the Watershed District and it appears they are on track to get the permit in September. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 30 Mr. Bade said regarding engineering, one of the issues that came up was quality control and they had been working very hard on an extensive and complicated project and had addressed the level of quality with the consultants. A quality control process will be put in place as they move forward so the next round of plans are up to City standards. Dale Emter Preconstruction Manager, stated the larger impacts are related to the Health Partners tenant to the southeast of the site. They have a sanitary sewer relocation occurring to the north of the property line. The depth of the sanitary sewer is 28 feet at the point of connection, so the excavation would be on the neighboring property. They were negotiating with the Health Partners landlord on that issue. They also have a temporary parking easement onto their property for 168 stalls and they need to maintain that through the construction process. Their current proposal is to maintain portions of the site within a 500-foot radius and move the stalls on a temporary basis as they move the soil. They would also like to negotiate a different version of the parking easement, which may entail creating elevated parking on their site and were still coordinating those issues. North of the Novartis site is the bank property and there is another deep soil correction and the trench would put them onto their property. They are going to try to negotiate a temporary easement to allow them to open cut. Mr. Emter said regarding crushing, they are focused on that for the LEED piece and there is a cost efficiency not having to haul material off-site and back on. They expect to generate about 40,000 tons of materials and hope to use all of that on-site for roadway base and soil correction. That plan will be developed further as they select their subcontractor. They want to conduct an existing condition survey with their neighbors’ properties (Health Partners, the bank to the north, Money Gram buildings, 1600 Tower, Chili’s and Olive Garden). They will meet and discuss impacts and construction issues. Mr. Emter said they would be performing hazardous material abatement in the buildings prior to demolition. There is a limited amount of asbestos in the Novartis and office buildings they were aware of. He said he was not aware of any hazardous materials on site, but will be wary of that before construction. Commissioner Carper stated he was under the impression that the dust created from a cement crushing operation tends to be abrasive and corrosive. Mr. Emter replied it was a valid concern. The dust is slightly more abrasive than dust from earthwork operations, but it was isolated and they could mitigate it with manual or automated watering techniques. Mr. Emter said regarding the question about erosion control plan for winter operations, they anticipate the soil would be fairly wet and either frozen or moist and freezing as it comes out. If they run into problems, the superintendents are trained on the regulations and would address it. Mr. Emter said the office buildings were vacated as of February 2007. They are empty and shut down and were awaiting asbestos removal and demolition upon approval. Commissioner Carper asked if any of the businesses had relocated in St. Louis Park. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 31 Mr. Emter replied he had heard some relocated to the Parkdale properties to the south and some had relocated into properties to the west, but he did not have the specifics. Commissioner Morris stated the haul route was ambiguous. He asked about conditions relating to hauling materials during rush hour. Mr. Emter replied they were trying to take advantage of the market and have sources where the dirt would go. They couldn’t pin point that until there was a subcontractor on board who would be finding those sources. They do not know the number of trucks and hours of operation at this time. Prior to those hauling operations, they will meet with the subcontractors and to determine what the routes are and how they would address traffic issues. It was in their best interest to avoid high traffic periods because they pay for trucking by the hour. Commissioner Morris suggested they leave it to staff to take into consideration the impact of hauling on I-394. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson stated that the project was straightforward. He said this was an early phase and a great deal of work had gone into this. He stated he was 100% behind moving forward and looked forward to seeing the next phases. Commissioner Morris asked if there was a window of seasonal demolition and hauling. Mr. Emter replied it was dependent on the subcontractors plan. They anticipate they would have the demolition fully completed by March 2008. Commissioner Morris commented about hauling during the winter as it gets dark at 5 PM and being able to haul at 10 PM is rather disturbing to residents. Although this is a primarily commercial site with few residents around it, noise carries further in the wintertime and it is in the staff recommendation that they can adjust the hours. He commented that should the noise and activity be disruptive, it may not be conducive to have the same hours for winter operations. Commissioner Person noted that hotels are across the street and those tenants could be affected by the noise as well. Commissioner Carper asked about problems with simultaneous construction occurring as a new hotel will be under construction in the area. Ms. McMonigal replied there had been coordination between the property owners. They hadn’t determined the exact construction timing, but would have to work that out to make sure it would work together. St. Louis Park City Council Meeting Item: 090407 - 8a - Preliminary Plat Conditional Use Permit Duke Page 32 Commissioner Kramer made a motion to recommend approval of the conditional use permit and preliminary plat with variances, subject to conditions recommended by staff. Commissioner Morris seconded the motion subject to the changes of the variance request as discussed, and the motion passed on a vote of 6-0. St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 1 8b. Request to adopt Resolution approving the Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of city property to the St. Louis Park Economic Development Authority. Approve Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of city property to the St. Louis Park Economic Development Authority. Recommended Action: Motion to adopt the Resolution approving the Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of city property to the St. Louis Park Economic Development Authority. DESCRIPTION OF ACTION: The proposed Purchase and Development Contract with United Properties Investment LLC (“Redeveloper”) and Park Nicollet Methodist Hospital (“Methodist Hospital”) must be considered by both the EDA and the City. It is the vehicle by which the City conveys the northern half of 3515 Belt Line Blvd (“the Bass Lake Property”) to the EDA and the EDA conveys the same to the Redeveloper. It is also the mechanism by which the Redeveloper agrees to correct the soils on the property, provide easements and construct the Minimum Improvements for Methodist Hospital. Furthermore, it serves as the mutual agreement between the City and Methodist Hospital for Payments in Lieu of Taxes as well as the joint use and maintenance of the entire Bass Lake Property. BACKGROUND: The proposed disposition and development of the northern half of 3515 Belt Line Blvd has been discussed with the EDA/City Council twelve times starting in December 2005. At the June 25, 2007 Study Session, staff reviewed the latest business terms related to the proposed sale of the Bass Lake Property and the development of Methodist Hospital’s eating disorders facility on the site. Upon conclusion of the discussion there was general consensus that the outlined terms were acceptable and staff was directed to prepare a formal Purchase and Redevelopment Contract with United Properties and Methodist Hospital. Prior to formal consideration of the Contract, the City Council also requested that staff prepare: 1. A chronology of past council action regarding the Bass Lake site and its use for and eating disorders facility; and, 2. A present value analysis comparing the financial impact of the EDI as a taxable land use versus a tax-exempt land use. Responses to these requests were submitted in the July 9, 2007 staff report. St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 2 SYNOPSIS OF PROPOSED PROJECT: The Bass Lake Property is proposed to be subdivided into two parcels: the northern parcel (the “Redevelopment Property”) would be approximately 3.5 acres and the southern parcel (the “Remainder Parcel”) would be approximately 3.8 acres. United Properties would acquire the Redevelopment Property and the city would retain ownership of the Remainder Parcel. The Redeveloper plans to construct a high-quality medical office building along with related structured and surface parking on the site for Methodist Hospital’s Eating Disorders Institute. The proposed site plan for the Bass Lake Property (attached) depicts the following “Minimum Improvements”: • 3-story, 67,400 square foot medical clinic with 30 beds located on the top floor • 2-level, 132-stall, structured parking facility • 105 surface parking stalls • 2 driveway entrances with landscaped medians • 1 service driveway • A pedestrian trail that connects with the George Haun Trail • 1 stormwater retention pond • 2 tennis courts Specific plans for the Remainder Parcel, with the exception of the new tennis courts and trail connection, have not been formalized but are at the discretion of the City. Use of this highly visible parcel should be compatible with the proposed treatment center. Suggested ideas for the Remainder Parcel include: sculpture garden, water feature, arts and culture center, multi-purpose conference facility, library, or some combination of these or other similar civic uses as envisioned in the recently-published Book of Dreams report. It should also be noted that the proposed clinic parking ramp will be designed and engineered to allow additional parking levels to accommodate future parking needs generated by any civic building or other possible uses constructed on the Remainder Parcel. PROPOSED LAND USE APPROVALS: The entire Bass Lake Property is currently guided and zoned RC – “Multi Family Residential”. The Redevelopment Property will need to be reguided and rezoned O – “Office”. The current shape of the Bass Lake Property reflects the remainder of the original 1911 plat. The property boundaries are awkward and inconsistent with the city’s current design standards. For example, the parcel has very sharp, acute angles at the northern boundary. This makes development of the Redevelopment Property challenging. The streets, alleys and easements depicted on the old plat will require vacation. The entire site will also require replatting before the city can convey the northern portion of the property. Other planning approvals needed for the proposed project include a CUP and PUD. These approvals will come before the Planning Commission and City Council over the next two months. PROPOSED RELOCATION OF TENNIS COURTS: St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 3 The proposed EDI project will require the relocation of the six tennis courts currently located on the Bass Lake Property. As a result, four replacement courts are being constructed at Aquila Park. The Parks and Recreation Department has requested that two tennis courts be reconstructed elsewhere on the Remainder Parcel for neighborhood recreational purposes. These courts are proposed to be located in the southeast corner of that property. BUSINESS TERMS OF THE PROPOSED CONTRACT: At the November 6, 2006, May 14, 2007, and June 25, 2007 study sessions, the EDA/Council reviewed proposed project plans, and business terms for Methodist Hospital’s proposed treatment facility. The attached Purchase and Redevelopment Contract with United Properties Investment LLC and Park Nicollet Methodist Hospital incorporates the terms presented at the June 25, 2007 Study Session. The key business terms are summarized below. Also attached is a resolution of approval subject to modifications that do not alter the substance of the transaction and that are approved by the Chair and Executive Director. Land Sale To facilitate the proposed project the City would replat and convey the subject property to the EDA. The EDA would then convey the 3.56-acre “Redevelopment Property” to United Properties for $12 per square foot or approximately $1.8 million. The City Assessor concurred that the proposed sale price is consistent with comparable, commercial property sales elsewhere in the city. The City will need to secure clear title to the subject property by working with Hennepin County. County past practice requires sharing half of the purchase price with the county. Minimum Improvements The Redeveloper agrees to construct the proposed 3-story, 67,000 square foot medical office building and related 2-level structured parking ramp and surface parking on the Redevelopment Property under a build-to-suit arrangement with Park Nicollet Methodist Hospital. Construction will be required to commence 180 days after closing and be substantially completed within 18 months. The Redeveloper also agrees to construct improvements on the Remainder Parcel (i.e. driveways, landscaped medians, surface parking, and sidewalks) for the joint use of the EDI and the City. The City agrees to construct two tennis courts on the Remainder Parcel and the Trail connection on portions of both the Redevelopment Property and the Remainder Parcel. Property Sale and Maintenance Prior to or upon project completion, the medical office building is to be sold to Methodist Hospital for its primary use as a eating disorders treatment center. Methodist Hospital would then own, operate, and maintain the facility. Methodist would also maintain the site improvements on the city’s Remainder Parcel (access driveways, surface parking, sidewalks and landscaping) until the parcel is put to permanent use. The city would be responsible for maintenance of the lawn and tennis courts on the Remainder Parcel and the pedestrian trail over the entire Bass Lake Property. St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 4 Soil Correction and Site Improvements Costs The Redeveloper would be responsible for implementing and paying for all environmental response actions necessitated by the construction of the Minimum Improvements, as specified in the MPCA-approved Response Action Plan and Contingency Plan. These actions primarily include rebalancing the soils over the entire Bass Lake Property (including the city’s Remainder Parcel). They also include installing utilities, lighting and surface parking according to MPCA requirements. These soil correction costs are currently estimated at $2,434,000. The Redeveloper would also pay for all site improvement costs over the entire Bass Lake Property. These improvements include: rebuilding six tennis courts; burying overhead utility wires; constructing driveways, surface parking, landscaped medians, sidewalks, lighting; and enhancing the structural capacity of the parking ramp. These costs are estimated at $786,000. The city would be responsible for the construction of the pedestrian trail at an estimated cost of $52,000. Payments in Lieu of Property Taxes Methodist Hospital, a qualified nonprofit organization, will own the Redevelopment Property and thus the property will retain its current tax-exempt status. In order to keep the city financially whole, Methodist will make annual payments to the city in lieu of property taxes. The initial Payment In Lieu of Taxes (PILOT) will be $20,000 per year. This PILOT will be payable one year following the date of transfer to Methodist Hospital and continue for 18 years (the same proposed term as the previously proposed TIF district). This payment will be inflated annually at the standard rate of CPI-U. In year 19, the PILOT converts to what the city would have received in property taxes based upon the full value of the improved property. The revised PILOT will then run for another 22 years and is estimated to begin at approximately $79,000. After that point the PILOT will terminate. The increased PILOT will be inflated annually at the standard rate of CPI-U. The total net present value of this arrangement to the city is approximately $1.5 million. The proposed tax exempt arrangement precludes the need to provide TIF assistance to facilitate the EDI project. This makes the proposed project considerably less complicated and affords all parties the opportunity to save considerable time and expense. City Agreement to Issue Private Activity Revenue Bonds To facilitate the financing of the proposed project, the city agrees to issue a private activity revenue bond in conjunction with Park Nicollet Methodist Hospital. This agreement is subject to Park Nicollet’s compliance with the City’s bond policies and procedures. Approval of bond issuance will be a future City Council action. Right of Reverter Closing on the Redevelopment Property will be contingent on satisfaction of conditions usual and customary in EDA redevelopment contracts (e.g., construction plans have been approved, Redeveloper has obtained financing, and Redeveloper has reviewed title and environmental conditions). The deed will be subject to a right of reverter in favor of the EDA, enforceable if the St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 5 Minimum Improvements are not timely completed. In other words, if the Redeveloper is ultimately unable to complete the proposed facilities the EDA will have the right to purchase the Redevelopment Property back from the Redeveloper. Once the proposed project is completed the reverter expires. Business Subsidy The proposed land sale is considered a market rate transaction thus there is no Business Subsidy by the EDA to the Redeveloper. Additionally, the proposed Contract does not constitute a Business Subsidy because the proposed project meets the “redevelopment of polluted property” exception under the Business Subsidy Act. POTENTIAL COMMUNITY BENEFITS OF THE EDI PROJECT: Allowing Methodist Hospital to purchase and redevelop the north half of the City’s Bass Lake Property for its renowned Eating Disorders Institute would be highly desirable from both a social and economic development perspective. Listed below are the direct and indirect community benefits of this proposed project. Direct Community Benefits 1. Public parcel readied for future community use. A by-product of the EDI project at the Bass Lake site will be improvements to the 3.8 acre property retained by the City. The improvements will be a significant step toward fully preparing the site for future use. The soils on the site will be brought into compliance with MPCA requirements thus allowing the site to be used for any number of civic purposes as expressed in the city’s recently completed Visioning process. 2. Public green space created at a key location. The West 36th Street/Beltline Blvd corner of the Bass Lake site will be established as a potential site for public art or other community use. It will be created at the Eastern terminus of the West 36th Street art corridor. It is a highly visible corner adjacent to the Rec Center and West 36th Street that could be further developed into a public amenity. This green area could be enhanced as the community sees fit. One possible idea for this area is a potential sculpture garden that would coordinate with the public art and streetscape planned along West 36th Street. 3. Enhancement of George Haun Trail. A new section of the George Haun Trail will be created making it possible to walk completely around Bass Lake without using the sidewalk along Beltline Blvd and Monterey Avenue. Parking for trail users will also be provided. 4. Tennis courts replaced. Four new tennis courts will be built at Aquila Park and two new tennis courts will be built on the city’s Bass Lake property. The new Bass Lake courts will be primarily for neighborhood recreation use. The new courts at Aquila Park in combination with the four existing courts at Aquila will serve both the public and Benilde-St. Margaret’s tennis teams. St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 6 5. Increased Rec Center overflow parking will be available. Parking access to the surface stalls and parking ramp during evenings and weekends will provide overflow parking for the adjacent Rec Center. 6. Other improvements to the City’s Remainder Parcel. The proposed project will result in other improvements to the remaining portion of the Bass Lake Site at the Redeveloper’s expense: a. New sidewalks. b. New lighting. c. New landscaped boulevards. d. Removal of unsightly power poles and burial of utility lines. e. Additional public parking may be added to the ramp (at city expense) should it be necessary if the City makes substantial improvements to the Remainder Parcel. Economic Benefits 1. City will receive market value for the property it is conveying. The northern portion of the Bass Lake Property will be purchased by the Redeveloper for $1.8 million or $12/sf, the fair market value for this site. 2. While the property will be tax-exempt, Methodist will make Payments In Lieu of Taxes for 40 years. For the first 18 years of the agreement Methodist will pay the City $20,000 per year. From year 19 to year 40, Methodist will make payments equivalent to the full value of the EDI. It is estimated based on today’s building values, that the amount would be about $79,000. The actual amounts Methodist will pay will be adjusted for inflation annually. In addition, the payments in lieu of taxes (PILOT) will have fewer restrictions on its use than real estate property taxes. This provides the City with greater flexibility in meeting community needs in the future. 3. EDI, a $29 million project. The proposed EDI project is projected to cost $29 million to construct and will make the EDI building one of the most highly valued buildings in St. Louis Park. Its cost of construction is indicative of the quality of the overall building. It will be a first class facility. 4. Continued growth and success of Park Nicollet. Park Nicollet is St. Louis Park’s largest employer. Its continued success and vitality is important to the continued vitality and economic success of the City. The new medical center will enable PNHS to expand thus allowing it to further contribute to the city’s economy. 5. New opportunities for PNHS growth created. Park Nicollet would retain several medical disciplines from the existing clinic and the hospital and consolidate them into the EDI thus freeing up existing space at those facilities for future growth. 6. High quality jobs in St. Louis Park. The new facility will retain and create a total of St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 7 approximately 220 quality jobs in the community. 7. St. Louis Park’s reputation in the medical industry enhanced. Attraction of the EDI to St. Louis Park is consistent with the key industries targeted within the city’s Economic Development Strategic Plan. The EDI facility will further enhance St. Louis Park’s reputation as a strategic location for the rapidly growing medical industry. 8. National and international visibility for St. Louis Park. The EDI is proposed to be a “world class” center for treating eating disorders and as such the St. Louis Park–based facility would receive ongoing national if not, international, recognition. 9. Benefits to St. Louis Park from EDI visitors. The clinic will attract patients and their families from the Midwest and beyond. These visitors will be patronizing local hotels, restaurants and stores. This will, no doubt, economically benefit the city’s retailers particularly those in close proximity. Social Benefits 1. More patients will receive treatment. Methodist Hospital’s Eating Disorders Institute is of critical importance and an asset relied upon by the broader community. Eating disorders affect more people in the United States than Alzheimer’s and schizophrenia combined. Eating disorders are serious illnesses that threaten lives (particularly young people). Methodist Hospital’s current facilities and size of its programs cannot meet the demand for its services. The EDI typically has a six week waiting list of people who need care. The new medical facility will enable Methodist to substantially increase the number of patients it treats for anorexia, bulimia and other eating disorders. Currently, Methodist’s EDI treats about 500 patients a year for these illnesses. The new facility will allow Methodist to eventually double that number and treat 1,500 patients a year. 2. Helping kids consistent with City values. Unfortunately, eating disorders often afflict young people. Providing a home for this treatment facility is consistent with the city’s commitment to helping young people and would further enhance St. Louis Park’s national reputation as a “Children First” community. St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 8 RECOMMENDATION: The proposed sale and development of approximately half of the Bass Lake Property represents a rare and extraordinary opportunity for St. Louis Park. Expanding one of the country’s most comprehensive treatment centers for eating disorders will undoubtedly have significant and long- lasting economic and social benefits for the community. More importantly, the City is being presented with a development project that will allow Methodist to address the substantial backlog of individuals needing immediate treatment for eating disorders. Such a facility has the potential to positively alter the lives of over 1,500 vulnerable individuals and their families annually. The city’s retainage of the most visible half of the Bass Lake Property likewise has the potential to facilitate arts and cultural activities or serve as a community gathering place as expressly desired in the city’s recently published “Book of Dreams”. Clearly the proposed EDI project represents a major “win-win” opportunity for both the city’s largest employer and the community itself. The EDA’s legal counsel, in consultation with staff, prepared the attached resolution approving the Contract Private for Redevelopment including Property Conveyance and staff recommends its approval. NEXT STEPS: Actions related to the land use changes are scheduled for consideration over the next two months. Attachment: Resolution See EDA Report for Redevelopment Contract with Attachments Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 9 CITY OF ST. LOUIS PARK RESOLUTION NO. 07-091 RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT CONTRACT WITH THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, UNITED PROPERTIES INVESTMENT LLC, AND PARK NICOLLET METHODIST HOSPITAL AND AUTHORIZING CONVEYANCE OF CITY PROPERTY TO THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED by the City Council ("Council") of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park (the “City”) and the St. Louis Park Economic Development Authority (the “Authority”) have heretofore approved the establishment of Redevelopment Project No. 1 (the “Project”) pursuant to Minnesota Statutes, Sections 469.001 to 469.047. 1.02. To facilitate redevelopment of certain property in the Project, the City proposes to enter into a Purchase and Redevelopment Contract (the “Contract”) between the Authority, the City, United Properties Investment LLC (the “Redeveloper”), and Park Nicollet Methodist Hospital. 1.03. Pursuant to the Contract, the City will convey certain property legally described in Exhibit A attached hereto (the “Redevelopment Property”) to the Authority, and the Authority will convey the Redevelopment Property to Redeveloper for development as a medical facility. 1.04. The City is authorized to convey real property pursuant to Minnesota Statutes Section 465.035 to any governmental subdivision for a nominal consideration, or pursuant to Minnesota Statutes Section 471.64 to any other political subdivision of the State. 1.05. The City finds and determines that conveyance of the Redevelopment Property to the Authority for reconveyance to the Redeveloper is for a public use within the meaning of Minnesota law and is in the public interest because it will further the objectives of the Project. St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 10 Section 2. Contract Approved. 2.01. The Council hereby approves the Contract as presented to the Council, including conveyance of the Redevelopment Property to the Authority for reconveyance to Redeveloper, and authorizes the Mayor and City Manager to execute such Contract in substantially the form on file with the City, subject to a finding by the City Planning Commission that such conveyance complies with the City’s comprehensive plan and subject to modifications that do not alter the substance of the transaction and are approved by such officials, provided that execution of the Contract by such officials is conclusive evidence of their approval. 2.02. City staff and officials are authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution, including without limitation execution of any documents to which the City is a party referenced in or attached to the Contract, and any deed or other document necessary to convey any portion of the Redevelopment Property to the Authority, all as described in the Contract. Reviewed for Administration: Adopted by the City Council September 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 090407 - 8b - EDI Purchase and Redevelopment Contract Page 11 RESOLUTION NO. 07-091 EXHIBIT A Redevelopment Property That part of the following described property: Parcel 1: Block 1 and that part of Block 2 lying Southeasterly of the Southeasterly line of Belt Line Boulevard. Also that part of Block 7 lying Northeasterly of the Northeasterly line of Monterey Dr. Westmoreland Park, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land 40 feet in width lying immediately north of and adjacent to the northerly lines of Blocks 1 and 2, Westmoreland Park and lying easterly of the Southeasterly line of Belt Line Boulevard. Vacated Right-of-ways: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land lying southeasterly of a line 40.00 feet northerly of, measured at a right angle to, and parallel with the north line of Westmoreland Park, that lies easterly of the southeasterly line of Belt Line Boulevard and westerly of the northerly extension of the easterly line of Block 1, said plat. AND That part of the Right-of-ways originally dedicated in the plat of Westmoreland Park, Hennepin County, Minnesota described as follows: That part of 36 1/2 Street which lies easterly of the northeasterly line of Monterey Drive and west of the centerline of Natchez Avenue; AND That part of Ottawa Avenue, which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; AND That part of Natchez Avenue, which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; 8c. Request to approve Resolution authorizing the publication of a Notice of Public Hearing and establishing the date for a public hearing regarding the issuance of health care facilities revenue bonds under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. Establish date for public hearing for October 1, 2007 regarding the issuance of health care facilities revenue bonds. Recommended Action: Motion to approve Resolution authorizing the publication of a Notice of Public Hearing and establishing the date for a public hearing regarding the issuance of health care facilities revenue bonds under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. BACKGROUND: Park Nicollet Health Services is requesting issuance of Private Activity Refunding Bonds by the City for the purpose of financing the Cancer Center and Orange Lot parking ramp along with the Eating Disorders Institute. Consideration of issuance of new private activity bonds requires a public hearing before the City Council. The purpose of this agenda item is to set October 1, 2007 as the hearing date for City Council consideration of issuing bonds. No public hearing is required for the refunding that was previously discussed, but that issue will be included in the resolution authorizing the bond sales at the October meeting. Park Nicollet Health Services has proposed that the City issue its revenue bonds for the Cancer Center and Orange Lot parking ramp in the amount of $73,355,000 and the Eating Disorders Institute project in the amount of $25,000,000. These funds are considered “pass-through” or “conduit financing” because the bonds are issued by the City but the repayment of the debt is the responsibility and obligation of the private party - not the City. The City does receive annual payments of 1/8th of one percent of the outstanding bonds as a fee for issuance of private activity bonds. This fee is charged on all similar bond issues. Attached is a resolution prepared by the City’s bond counsel, Kennedy & Graven, which calls for the hearing and sets the hearing time and date. The applicant has worked with the City’s bond counsel and the Finance Department to evaluate the consistency of their request with the City’s policies and to prepare the necessary documents which are attached. Setting the hearing date starts the process of consideration of approval for the bonds. Attachments: Resolution Application for Tax-Exempt Financing – Cancer Center Application for Tax-Exempt Financing -- EDI Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 1 CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 07-_____ RESOLUTION AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND ESTABLISHING THE DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS AMENDED BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the “Act”), authorizes the City to issue revenue bonds to finance, in whole or in part, the costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of a project and any related public improvements. A “project” includes 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. 1.02. Park Nicollet Health Services, a Minnesota nonprofit corporation, Park Nicollet Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota association that has elected to be treated as a nonprofit corporation, PNMC Holdings, a Minnesota nonprofit corporation, and Park Nicollet Health Care Products, a Minnesota nonprofit corporation (collectively, the “Obligated Group”), have proposed that the City issue its Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2007B-1 (the “Series 2007B-1 Bonds”), and its Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2007B-2 (the “Series 2007B-2 Bonds,” and collectively with the Series 2007B-2 Bonds, the “Series 2007B Bonds”), in the approximate principal amount not to exceed $80,000,000. The proceeds of the Series 2007B Bonds are to be applied to: (i) finance (A) the acquisition, construction, and equipping of an approximately 26,000 square foot building to house the Obligated Group’s Cancer Center to be located at 6490 Excelsior Boulevard in the City, (B) the acquisition, construction, and equipping of a new parking ramp which will include approximately 1,700 parking stalls adjacent to the Cancer Center, (C) the redesign and renovation of the emergency center at Methodist Hospital located at 6500 Excelsior Boulevard in the City, and (D) construction and equipping of a new common entrance to Methodist Hospital, the Meadowbrook Building, and the new Cancer Center (collectively, the “Project”); (ii) pay capitalized interest on the Series 2007B Bonds; and (iii) pay the costs of issuing the Series 2007B Bonds. St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 2 1.03. Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, requires that prior to the issuance of the Series 2007B Bonds, this Council approve the Series 2007B Bonds after conducting a public hearing thereon. In addition, Section 469.154 of the Act provides that the City Council of the City must conduct a public hearing on the proposal to undertake projects authorized to be financed under the terms of the Act. Section 2. Public Hearing. 2.01. The City Council shall meet at 7:30 p.m. on Monday, October 1, 2007, to conduct a public hearing on the issuance of the Series 2007B Bonds as requested by the Obligated Group. 2.02. The City Finance Director is authorized and directed to publish notice of the hearing in substantially the form attached hereto as Exhibit A in the St. Louis Park Sun Sailor, the official newspaper, and the Star Tribune, a newspaper of general circulation in the City, once, at least fourteen (14) days prior to the date of the public hearing. Section 3. City Council Approvals. 3.01. The Council hereby states its preliminary intention to issue the Series 2007B Bonds to (i) finance the acquisition, construction, and equipping of the Project; (ii) pay capitalized interest on the Series 2007B Bonds; and (iii) pay the costs of issuing the Series 2007B Bonds. The Series 2007B Bonds shall be issued, subject to compliance with the terms and conditions of the Act and the final agreement among the City, the Obligated Group, and the initial purchaser of the Series 2007B Bonds as to the terms and conditions thereof. 3.02. The Council hereby authorizes the preparation of an application to the Minnesota Department of Employment and Economic Development for approval of the Project and the issuance of the Series 2007B Bonds to finance the Project in accordance with the terms of the Act. Section 4. Reimbursement of Costs under the Code. 4.01. The United States Department of the Treasury has promulgated final regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or a borrower from the City for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty (60) days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 4.02. To the extent any portion of the proceeds of the Series 2007B Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Obligated Group for the expenditures made for costs of the Project from the proceeds of the St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 3 Series 2007B Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, costs of issuance of the Series 2007B Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Section 5. Costs. The Obligated Group will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Series 2007B Bonds, whether or not the Series 2007B Bonds are issued. The submission of the application to the Department for approval of the Project and the issuance of the Series 2007B Bonds is subject to the condition that the Obligated Group shall have executed and delivered to the City an agreement to pay or reimburse the City for any costs paid or incurred by the City in connection with the Project and the issuance of the Series 2007B Bonds. Section 6. Commitment Conditional. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Series 2007B Bonds as requested by the Obligated Group. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Series 2007B Bonds, or issue the Series 2007B Bonds in an amount less than the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Series 2007B Bonds, or to issue the Series 2007B Bonds in an amount less than the amount referred to in paragraph 1.02 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Section 7. Effective Date. This Resolution shall be in full force and effect from and after its passage. Reviewed for Administration: Adopted by the City Council September 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 4 EXHIBIT A CITY OF ST. LOUIS PARK, MINNESOTA NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS AMENDED NOTICE IS HEREBY GIVEN that the City Council of the City of St. Louis Park, Minnesota (the “City”), will hold a public hearing on Monday, October 1, 2007, at 7:30 p.m. at City Hall, 5005 Minnetonka Boulevard, on a proposal that the City approve and authorize the issuance by the City of its revenue bonds, in one or more series under Minnesota Statutes, Sections 469.152-469.1651, as amended (the “Act”), for the benefit of Park Nicollet Health Services, a Minnesota nonprofit corporation, Park Nicollet Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota association that has elected to be treated as a nonprofit corporation, PNMC Holdings, a Minnesota nonprofit corporation, and Park Nicollet Health Care Products, a Minnesota nonprofit corporation (collectively, the “Obligated Group”). The revenue bonds proposed to be issued by the City for the benefit of the Obligated Group (the “Bonds”) will be applied to the following costs: (i) financing (A) the acquisition, construction, and equipping of an approximately 26,000 square foot building to house the Obligated Group’s Cancer Center to be located at 6490 Excelsior Boulevard in the City, (B) the acquisition, construction, and equipping of a new parking ramp which will include approximately 1,700 parking stalls adjacent to the Cancer Center, (C) the redesign and renovation of the emergency center at Methodist St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 5 Hospital located at 6500 Excelsior Boulevard in the City, and (D) construction and equipping of a new common entrance to Methodist Hospital, the Meadowbrook Building, and the new Cancer Center (collectively, the “Project”); (ii) paying capitalized interest on the Bonds; and (iii) paying the costs of issuing the Bonds. The Project will be owned and operated by members of the Obligated Group. At the public hearing, the City Council will consider adoption of a resolution approving the issuance of the Bonds. The aggregate face amount of the Bonds proposed to be issued to finance the Project is presently estimated not to exceed $80,000,000. The Bonds will be issued by the City and will constitute limited obligations of the City payable solely from the revenues expressly pledged to the payment thereof, and will not constitute a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City except interests in the Project that may be granted to the City in conjunction with this financing. A copy of the proposed application to the Commissioner of the Minnesota Department of Employment and Economic Development for approval of the Project, together with all attachments and exhibits, will be on file in the offices of the City on and after the date of publication of this notice. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: _____________________ [Date of Publication] BY ORDER OF THE CITY OF ST. LOUIS PARK, MINNESOTA St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 6 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 7 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 8 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 9 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 10 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 11 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 12 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 13 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 14 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 15 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 16 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 17 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 18 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 19 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 20 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 21 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 22 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 23 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 24 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 25 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 26 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 27 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 28 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 29 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 30 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 31 St. Louis Park City Council Meeting Item: 090407 - 8c - Public Hearing Request Park Nicollet Private Activity Revenue Bonds Page 32 St. Louis Park City Council Meeting Item: 090407 - 8d - Preliminary Property Tax Levy and HRA Levy Page 1 8d. Consider preliminary property tax levy and preliminary budget for the 2008 fiscal year, set Truth-in-Taxation Public Hearing and continuation dates, and consider preliminary HRA levy for taxes payable in 2008. Resolution approving the preliminary property tax levy and budget is required by Truth in Taxation legislation. Tax levy information will be processed by Hennepin County to provide individual Truth-in-Taxation (TNT) notices with specific parcel information. Recommended Action: Motion to adopt resolutions establishing the preliminary tax levy and preliminary budget for 2008, set the public hearing and continuation dates for the proposed budget and property tax levy, and approve preliminary HRA levy for taxes payable in 2008. BACKGROUND: The 2007 proposed preliminary budget and tax levy were reviewed by the City Council at the July 23rd, August 13th, and August 27th study sessions. By law, the City Council must approve a preliminary tax levy and budget for 2008 and submit the tax levy certification to the County by September 15. The County will mail out parcel specific notices to taxpayers in mid-November. Final action on the levy and 2008 budget will not occur until the second Council meeting in December. In addition to the general property taxes and the HRA levy, the City will levy to repay debt service on the 1999 General Obligation (GO) Bonds, 2003 GO Bonds, and 2005 GO Bonds. PROPERTY TAX LEVY: For fiscal year 2008, a maximum total levy of $20,646,682, a 6% increase over 2007, is proposed. This levy supports the operations of the General Fund, Park and Recreation Fund, the Park Improvement Fund, and the Pavement Management Fund. The allocation of property taxes is indicated in the chart below. 2007 2008 Percent TAX CAPACITY BASED TAX LEVY Levy Total Levy Increase General Fund and Park & Recreation $ 16,711,202 $ 17,884,382 7.0% Park Improvement 1,010,000 1,010,000 0.0% Pavement Management 415,000 415,000 0.0% Debt Service 1,341,800 1,337,300 -0.3% TOTAL TAX CAPACITY BASED LEVIES $ 19,478,002 $ 20,646,682 6.0% TRUTH-IN-TAXATION (BUDGET) HEARING: Legislative requirements provide that cities must hold a “Truth in Taxation” public hearing prior to adopting the final budget and tax levy if the proposed increase is greater than the change in the “Implicit Price Deflator”. For 2007, this figure is 4.2853%. Because our levy increase is above this percentage, holding a TNT hearing is required. The date set aside for cities to hold their initial hearing for this year is December 3, 2007. This date provides for the formal opportunity for the City Council to discuss the proposed 2008 budget and to allow input from the public regarding their thoughts on the budget and tax levy. Staff recommends setting December 17, 2007 as a continuation date for the public hearing, if needed. St. Louis Park City Council Meeting Item: 090407 - 8d - Preliminary Property Tax Levy and HRA Levy Page 2 HRA LEVY: This levy was originally implemented in St. Louis Park due to legislative changes in 2001 which significantly reduced future tax increment revenues. The City Council elected to use the proceeds for future infrastructure improvements in redevelopment areas. Thus far, some of the HRA levy proceeds have been used to fund infrastructure studies and analysis for future improvement projects. By law these funds could also be used for other housing and redevelopment purposes. Given the significant infrastructure needs facing the City in the future (particularly transportation infrastructure), staff recommends that the HRA levy continue at the maximum allowed by law for the 2008 budget year The EDA, as well as the City Council, is required to approve this levy. As outlined in the resolution, the HRA levy cannot exceed .0144 percent of the taxable market value of the City. As of August, 2007, the market value of the City is $5,533,670,900. This market value allows the City to levy $796,848 in 2007. In 2006, the allowable levy amount was $743,084. The proposed 2008 levy amount of $796,848 is an increase of $53,764 from 2007, which is a result of increased taxable market valuation. Staff will review market values prior to final certification in December. The levy amount is included as part of the Development Fund budget. NEXT STEPS: Staff will continue to refine the budget numbers and review the 2008-2012 Capital Improvement Program with the City Council during October and November. Council has the option of reducing the property tax levy after the initial certification; however it cannot be increased. BUDGET TIMELINE: September 15 Certification of tax levy and budget to County September – November Study session(s) on proposed budget and related issues October – November Presentations for Business Council, neighborhoods, and other community groups as requested November 29 Notice of Truth in Taxation published December 3 Truth in Taxation Hearing December 17 Continuation of Public Hearing (if necessary), and Council adoption of 2007 property tax levy, HRA levy, and budget December 27 Certification of tax levy and other required forms Attachments: Resolutions Prepared By: Bruce M. DeJong, Director of Finance Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 090407 - 8d - Preliminary Property Tax Levy and HRA Levy Page 3 RESOLUTION NO. 07-_____ RESOLUTION APPROVING PROPOSED 2008 TAX LEVY, APPROVING PRELIMINARY BUDGET FOR 2008, AND SETTING PUBLIC HEARING DATE FOR PROPOSED BUDGET AND PROPERTY TAX LEVY WHEREAS, The City of St. Louis Park is required by Charter and State law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and WHEREAS, Minnesota Statutes require approval of a proposed property tax levy and a preliminary budget on or before September 15th of each year; and WHEREAS, the City Council has received the proposed budget document; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park that the preliminary 2008 budget shall be as follows: St. Louis Park City Council Meeting Item: 090407 - 8d - Preliminary Property Tax Levy and HRA Levy Page 4 And as supported by the proposed budget document; and BE IT FURTHER RESOLVED, that the Public Hearing required by Truth in Taxation legislation will be held on December 3, 2007; and BE IT FURTHER RESOLVED, that the City Council of the City of St. Louis Park, Hennepin County, Minnesota, that the following sums of money be levied for collection in 2008 upon the taxable property in said City of St. Louis Park for the following purposes: Revenues:Ependitures: General Property Taxes 17,884,382$ General Government: Licenses and Permits 2,691,150 Administrative/Legislative 1,054,329 Intergovernmental 1,746,652 Communications & marketing 320,782 Charges for Services 2,093,145 Community Outreach 83,983 Fines, Forfeits and Penalties 311,000 Human Resources 629,673 Investment Earnings 325,000 Technology and Support Services 1,460,839 Miscellaneous 936,161 Finance 1,124,366 Transfers In 2,680,693 Community Development 1,080,897 Facilities Maintenance 1,187,925 TOTAL REVENUES:28,668,183$ Total General Government:6,942,794 Public Safety: Police 6,927,114 Fire Protection 2,952,120 Inspectional Services 1,857,179 Total Public Safety 11,736,413 Department of Public Works: Public Works Administration 832,583 Engineering 785,182 Operations 2,412,414 Total Public Works 4,030,179 Park & Recreation: Organized Recreation 1,251,104 Recreation Center 1,359,796 Park Maintenance 1,378,041 Westwood 466,338 Environment 288,982 Vehicle Maintenance 1,047,039 Total Park & Recreation 5,791,300 General & Contingency: 180,000 TOTAL EXPENDITURES:28,680,686$ Net Revenue Over (Under) Expenditures (12,503)$ St. Louis Park City Council Meeting Item: 090407 - 8d - Preliminary Property Tax Levy and HRA Levy Page 5 General 17,884,382$ Park Improvement Fund 1,010,000 Pavement Management 415,000 GO Debt Service 1,337,300 Total 20,646,682$ And BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota and to the Local Government Aids/Analysis Division, Department of Revenue, State of Minnesota as required by law. Reviewed for Administration Adopted by the City Council September 4, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 090407 - 8d - Preliminary Property Tax Levy and HRA Levy Page 6 RESOLUTION NO. 07-_____ RESOLUTION AUTHORIZING THE HRA LEVY FOR 2008 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”), the City Council of the City of St. Louis Park created the St. Louis Park Economic Development Authority (the "Authority"); and WHEREAS, pursuant to the EDA Act, the City Council granted to the Authority all of the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Statutes, sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax upon all taxable property within the City to be expended for the purposes authorized by the HRA Act; and WHEREAS, such levy may be in an amount not to exceed 0.0144 percent of taxable market value of the City; and WHEREAS, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the City; and WHEREAS, based upon such budgets the Authority will levy all or such portion of the authorized levy as it deems necessary and proper; NOW, THEREFORE, BE IT RESOLVED, by the St. Louis Park City Council: 1. That approval is hereby given for the Authority to levy, for taxes payable in 2008, such tax upon the taxable property of the City as the Authority may determine, subject to the limitations contained in the HRA Act. Reviewed for Administration: Adopted by the City Council September 4, 2007 City Manager Mayor Attest: City Clerk