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Home My WebLink About2007/12/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 3, 2007 6:30 p.m. BOARD AND COMMISSION INTERVIEWS, WESTWOOD ROOM 7:30 p.m. CITY COUNCIL MEETING, COUNCIL CHAMBERS 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Green Business Awards 3. Approval of Minutes 3a. City Council Minutes November 5, 2007 3b. City Council Minutes November 19, 2007 3c. Special Study Session Minutes November 19, 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 5a. Appointment of Citizen Representatives to Boards and Commissions 6. Public Hearings 6a. Truth-in-Taxation Public Hearing on the 2007 Budget and Property Tax Levy. Recommended Action: Mayor to close the public hearing. There is no action required at this meeting. The meeting is intended to provide information to the public about the budget and property tax levy as well as to receive comments and input from the public. Staff will give a presentation of the overall 2007 General Fund Budget and Property Tax Levy and provide other general information related to property taxes. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items - None. 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF DECEMBER 3, 2007 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Council member or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to approve Second Reading of Ordinance amendment deleting Section 8-258 (b). 4b. Motion to approve Second Reading of Ordinance amending St. Louis Park Ordinance Code Chapter 32: Utilities. 4c. Motion to approve Amendment No. 3 to Contract 129-06 Highway 7 / Wooddale Avenue Interchange Project - Project No. 2004-1700. 4d. Motion to adopt Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager. 4e. Motion to approve Amendment No. 18 to Contract No. 1893 Reilly Tar & Chemical Corporation. 4f. Award Engle Fabrication Inc. contract for a mounted water delivery system. 4g. Motion to adopt Resolution authorizing execution of contract with ENSR Consulting and Engineering for consultant services. 4h. Motion to approve Change Order No. 2 to Contract No. 60-07, Flood Improvement Project - Area #26 (Dakota Park) - Project 2003-1300. 4i. Motion to approve Amendment No. 1 to Contract 148-06 Dakota Park Flood Improvement Project - Project 2003-1300. 4j. Motion to adopt Resolution establishing a special assessment for the repair of the water service line at 3433 Rhode Island Avenue South. 4k. Motion to approve for filing Vendor Claims. Meeting Date: December 3, 2007 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Green Business Awards. RECOMMENDED ACTION: The Mayor is asked to read and present awards to three businesses. Representatives from these businesses will be in attendance at the meeting to receive the awards and be photographed with the Mayor. POLICY CONSIDERATION: None. BACKGROUND: The Green Business Program honors outstanding achievements of businesses and organizations that are protecting and restoring the environment of St. Louis Park. The stewardship actions we honor include: Waste Reduction, Recycling and Reuse; Energy Efficiency or Conservation; Water Quality or Conservation; Transportation Options (fleets, alternative fuels, car-sharing, etc.); Green Building; and Promoting a Culture of Environmental Stewardship. The Green Business Program began in 2006 with a grant from Keep America Beautiful and Waste Management. The city and Waste Management recognized nine businesses at a council meeting in November 2006. The Green Business Buzz was developed and first published in 2006. A Green Business Forum was held in June 2007 emphasizing waste reduction and recycling. The 2008 Green Business Forum will be held Tuesday, March 4th in Council Chambers, featuring environmental sustainability in business. 2007 Green Business Award Winners: General Office Products An office furniture refurbish and retail company, servicing and selling new and used commercial office furniture. • Purchases used furniture, refurbish and sell $3,000,000 annually. Their new furniture is recyclable and/or made from recyclable materials. • Reduces paper use by 60,000 sheets per year using electronic computer files. • Deliveries are combined and direct shipped from vendor to client to reduce gas usage and greenhouse gas emissions. • Maintains a newer fleet of delivery trucks for fuel efficiency and lower exhaust emissions. • Promotes a culture of environmental stewardship in the office and throughout the company. Bubble wrap, plastic chair bags and packaging material are reused. Everything from light bulbs, toner cartridges, scrap metal, wood pallets and paint are recycled. Meeting of December 3, 2007 - Item 2a Page 2 Subject: Green Business Awards Rainbow Treecare Provides services to promote the health and preservation of trees in the urban environment. • Majority of the wood waste is used as a biofuel in District Energy’s cogeneration energy plant in St. Paul. • Pioneered injection of trees to avoid contaminating air and creating environmental drift. • Promotes healthy urban forests, which helps increase energy efficiency and savings and provides a wide range of environmental benefits. • Actively engages in research to discover additional ways to further benefit the health and well-being of trees. Stahl Construction Company A construction management company for general contracting, design and building services for institutional and commercial buildings. • Attempts to assign field superintendents close to homes to reduce drive time to sites. • Encourages employees to carpool to work. • Promotes green building. Two project managers are currently applying for LEED certification. • Uses subcontractors that recycle and remanufacture materials. Wood, concrete, cardboard, plastics and metals are recycled or reused. • Promotes energy efficiency through the use of Low-E glass windows on the office building to shield sunlight and provide insulation. Motion sensors on office lights turn off lights after 15 minutes of inactivity. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: The Green Business Program supports the following Strategic Directions adopted by the City Council: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Community members are responsible stewards of the environment and realize their actions today influence the greater ecology inherited by future generations. Focus areas: • Educating staff and the public on environmental consciousness, stewardship and best practices. • Working in areas such as…encouraging green building design (LEED), and environmental innovations. Attachments: None Prepared by: Sarah Hellekson, Public Works Administrative Specialist Jim Vaughan, Environmental Coordinator Reviewed by: Scott Merkley, Public Works Coordinator Approved by: Tom Harmening, City Manager Meeting Date: December 3, 2007 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 5, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:37 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), City Attorney (Mr. Scott), HR Director/Deputy City Manager (Ms. Gohman), HR Coordinator (Ms. Fosse), Community Development Director (Mr. Locke), Inspections Director (Mr. Hoffman), City Engineer (Mr. Brink), Communication Coordinator (Mr. Zwilling), Economic Development Coordinator (Mr. Hunt), Asst. Planner (Mr. Fulton), Planning/Zoning Supervisor (Ms. McMonigal) and Recording Secretary (Ms. Schmidt). Guests: Bob Friddle and Jessica Vogel, Ellerbe Becket; Dr. Joel Jaros, United Methodist Hospital; and Mick Johnson; Brian Carey; Dave Nash; Tom Wittlock., Park Nicollet. 2. Presentations – None 3. Approval of Minutes 3a. City Council Minutes October 1, 2007 It was noted on page 6, item #8a, the fourth paragraph, should state: “…What is a pawn shop doing in a residential area?” It was noted on page 3, item #4 after agenda approval paragraph, it should state: Councilmember Omodt wished to have the minutes of October 1 reflect that he abstained from voting on Consent Calendar Item 4h regarding Park WiFi.” The minutes were approved as amended. 3b. Special City Council Minutes October 8, 2007 The minutes were approved as presented. 3c. City Council Minutes October 15, 2007 It was noted after agenda approval paragraph, it should state: Mayor Jacobs wished to have the minutes of October 15 reflect that he abstained from voting on Consent Calendar Item 4a regarding Mayor compensation”. The minutes were approved as amended. Meeting of December 3, 2007 (Item 3a) Page 2 Subject: City Council Minutes November 5, 2007 3d. Special Study Session Minutes October 15, 2007 It was noted on page 1, item # 1, the sixth paragraph should state: “… along the paths and also along the signal lights where it may be too far for senior citizens and disabled persons to make it all the way across.” The minutes were approved as amended 3e. Special City Council Minutes October 22, 2007 The minutes were approved as presented. 3f. Study Session Minutes October 22, 2007 It was noted on page 2, item # 2, the third paragraph, last sentence should state: “…as they are completed. Council stated that some residents were losing confidence in ARINC’s ability to deliver a quality project due to its repeated revisits and efforts to try to make the system operational in Phase 1.” It was noted on page 2, item # 4, the second paragraph, fifth sentence should state: “…staff discussed a possible increase in franchise fees.” The minutes were approved as amended. 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 Amendment No. 1 to Contract 50-07 Highway 100 Reconstruction (Full Build). 4b. Motion to approve Change Order No. 1 to Contract 16-07 - Recoat Reservoir at Water Treatment Plant. 4c. Motion to approve Change Order No. 1 to Contract 37-07 – 2007 Local Street Improvement Project. 4d. Motion to approve Change Order No. 1 to Contract No. 60-07, Flood Improvement Project. 4e. Motion to approve Second Reading of Ordinance No. 2345-07 adopting fees for 2008. 4f. Motion to approve Encroachment Agreement with Methodist Hospital -- 3930 Louisiana Circle. 4g. Motion to approve Resolution No. 07-130, ordering abatement of a hazardous building at 3056 Nevada Ave South. 4h. Motion to approve Resolution No. 07-131, authorizing Worker's Compensation Insurance renewal. 4i. Motion to approve for filing Planning Commission Minutes September 19, 2007. 4j. Motion to approve for filing Parks & Recreation Advisory Commission Minutes September 19, 2007. Meeting of December 3, 2007 (Item 3a) Page 3 Subject: City Council Minutes November 5, 2007 4k. Motion to approve for filing Parks & Recreation Advisory Commission Minutes May 16, 2007. 4l. Motion to approve for filing Telecommunications Advisory Commission Minutes August 2, 2007. 4m. Motion to approve for filing Vendor Claims. It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Resolution Approving 2008 Employer Benefits Contribution Resolution No. 07-124 Ms. Fosse presented the staff report. Councilmember Sanger stated she was glad they were finally getting to the full equalization on the medical benefits for exempt and non-exempt; however, she asked why there was still a difference between exempts and non-exempts on the disability and life insurance. Ms. Gohman stated it was a long standing policy in the City where the richer benefit had been offered to the exempts and staff chose not to be brought forward. She further stated they would have to do an analysis on the costs if they were going to bring the other groups up to that point stating it would be a costly additional benefit program. Councilmember Sanger would like to know what the numbers were and would like to work toward minimizing the remaining differences between exempt and non- exempt employees. She further stated she felt all employees were all equally valuable to the City, regardless of being exempt or non-exempt. Councilmember Finkelstein complimented staff on their hard work on the equalization, stating that in terms of insurance benefit negotiations, they like to compare internally and see that internal consistency on all of them. Councilmember Omodt agreed with Councilmember Sanger and suggested that staff do an analysis on internal equality and bring it back to Council. Councilmember Paprocki suggested that staff consider both raising the lower and/or lowering the higher. Councilmember Basill also agreed that staff should do an analysis. He asked about the 14 percent increase in Voluntary Employee Beneficiary Association (VEBA), and if any of the increase was due to adverse selection of healthy people going into VEBA and causing the increase to the rest of the plan, asking what caused the increase. Ms. Fosse Meeting of December 3, 2007 (Item 3a) Page 4 Subject: City Council Minutes November 5, 2007 stated there were some high outstanding claims this year, but expects it will average out in the long term. She also stated there is a healthy population on the VEBA plan, which are often the healthier employees. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve Resolution No. 07-124, approving 2008 Employer Benefits Contribution. The motion passed 7-0. 8b. Melrose Institute – Preliminary and Final Plat and Planned Unit Development, Conditional Use Permits for grading and floodplain mitigation. Resolution Numbers 07-125, 07-126, 07-127 and 07-128 Mr. Fulton presented the staff report. Mick Johnson stated Ken Melrose was really the surrogate leader in the project and thanked staff and everyone involved for their cooperation in the project. He stated the project wasn’t just a business deal, but a Child First project as well. He also stated they are calling the project a best practice when at conferences because they had never seen a relationship like this work as well as it has. Dr. Jaros gave Council an update on the project, stating they appreciated all the effort the City has put into the project. Brian Carey stated his appreciation for all the input and cooperation from staff and Council in the project. Bob Friddle presented a film and update on the project designs. Councilmember Finkelstein asked how many overnight patient rooms there would be. Mr. Friddle stated there were 39 overnight beds, which are all on the third floor. Councilmember Finkelstein asked how many FTE’s they expected to staff the facility. Dr. Jaros stated approximately 320. Councilmember Finkelstein asked how many RN’s. Mr. Jaros stated he would have to check. Mr. Friddle stated majority would be outpatients, which would consist of approximately 1,000 patients that would be on various appointment schedules. Councilmember Omodt asked if the outpatients would be coming from other medical facilities, private or group homes, or what the relationship would be. Dr. Jaros, stated a number of different referral sources, such as self-referrals, individual providers, clinics, colleges, basically all over because the services aren’t very common. Councilmember Paprocki asked if the parking ramp would be open for after hour public parking. Mr. Friddle stated it was intended to be open after hours for City use, stating it was designed for expansion of up to an additional 100 cars if the City chose to do so. Councilmember Paprocki suggested there be signage identifying it as open parking and suggested a sign indicating that there was a park on the southern part of the property. Mr. Friddle stated there would be a sign with the name of the park posted. Meeting of December 3, 2007 (Item 3a) Page 5 Subject: City Council Minutes November 5, 2007 Councilmember Sanger stated she would be opposing the motion because she was not certain it was the best land use. Councilmember Finkelstein stated he was in an unusual situation with the Melrose Institute and felt he should explain his position to the residents of St. Louis Park and the nurses at Methodist Hospital in the Twin City area. He stated the City Attorney advised him it was appropriate for him to vote on the issue, stating it was his obligation and duty to do the right thing and he would be in support of land use issues. He further stated the clinic was sorely needed and would save lives, stating that there are many people who desperately need the services. Councilmember Finkelstein went on to state that currently there was not enough room at the hospital, although the EDI patients would often be medically fragile and would need seven day a week, 24 hour a day nursing care. With that in mind, he further stated the hospital would not commit to the nursing positions being emanate contract positions. He reminded everyone of the fact that the work was being transferred to less than two miles away from the hospital, where the nurses had been covered under the emanate labor contract and emanate pension for the last twenty years. He stated as the Minnesota Nurses Association Union Attorney he would be doing the right thing regarding the opening of the facility at the new EDI site. Councilmember Finkelstein stated that unless Methodist Hospital and Park Nicollet recognized the role of the union, the nurses would face the difficult choice of keeping their pay, pension, and other benefits or following the job they loved. He further stated that doing the right thing did not just apply to Councilmembers or union attorneys, but also applied to large health care corporations, stating sometimes large non-profits needed to be reminded of that. It was moved by Councilmember Basill, seconded by Councilmember Carver, to adopt Resolution No. 07-125, approving the preliminary and final plat of Melrose Institute with a subdivision variance for easements; adopt Resolution No. 07-126, approving the preliminary and final PUD for Melrose Institute; adopt Resolution No. 07-127, approving a Conditional Use Permit for grading; adopt Resolution No. 07-128, approving a Conditional Use Permit for floodplain mitigation. The motion passed 6-1. Councilmember Sanger opposed. 8c. Approve Engineering Services Contract for the Park Place Boulevard Street Project – Project 2007-1101. Mr. Brink presented the staff report. Councilmember Sanger asked if the specs called for a plan for bike lanes or a safe bike path on Park Place Blvd. Mr. Brink stated the plan was to expand the west side sidewalk of Park Place Blvd. for multi-use to meet the needs for both pedestrians and bicycles. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve to approve a contract with SRF which provides engineering consulting services for the Park Place Boulevard Street Project – Project No. 2007-1101. Councilmember Finkelstein asked if there were any plans for bus and mass transit. Mr. Brink stated they have had discussions with Metro Transit, discussing their various route possibilities to accommodate this development. Meeting of December 3, 2007 (Item 3a) Page 6 Subject: City Council Minutes November 5, 2007 Councilmember Sanger also suggested staff discuss the bus shelter and safe passage to get to and from the Sunset Ridge Condo’s with Metro Transit. The motion passed 7-0. 8d. Adoption of the findings and decision regarding suspension of rental housing licenses for: 2621 Xylon Avenue South, 8300 Virginia Circle North, and 2500 Quebec Ave South – (Mr. Michael Zurbrigen – owner). Resolution No. 07-129 Mayor Jacobs asked Mr. Zurbrigen if he wished to comment on anything. Mr. Zurbrigen replied no. It was moved by Councilmember Carver, seconded by Councilmember Sanger, to approve Resolution No. 07-129, accepting the findings and decision as prepared by the City Attorney. Councilmember Finkelstein stated he reviewed the materials and did not find anything that the ADA or EEOC or any of the Supreme Court Decisions cited that would change the Council’s opinion that the taxes needed to be paid by anybody. Councilmember Omodt agreed with Councilmember Finkelstein, stating he didn’t find anything that would compel him otherwise. The motion passed 7-0. 9. Communications Mayor Jacobs reminded everyone to get out and vote on Election Day, stating there was nothing more important to represent a democracy than the participation of its residents in the process. Councilmember Paprocki suggested residents review the resources out there to know who to vote for. He also reminded everyone to fly their flag on Veteran’s Day. Mr. Harmening reminded everyone that America Recycles Day is November 15th. Mr. Harmening also stated Mayor Jacobs received a Resolution, adopted on October 16th, from the City of Golden Valley thanking the City of St. Louis Park and its staff for their help that was provided in September as a result of a severe thunderstorm. Mayor Jacobs thanked staff for all their efforts. 10. Adjournment The meeting adjourned at 8:28 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 3, 2007 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 19, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:39 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: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Communications Coordinator (Mr. Zwilling), Economic Development Coordinator (Mr. Hunt), Engineering Project Manager (Mr. Olson), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Assistant Planner (Mr. Fulton) and Recording Secretary (Ms. Schmidt). 2. Presentations – None 3. Approval of Minutes 3a. Study Session Minutes of October 8, 2007 It was noted on page 3, item #4, the fifth sentence should state: “Councilmember Sanger asked how they could…” The minutes were approved as amended. 3b. Special Study Session Minutes November 5, 2007 It was noted on page 2, item #2, the second paragraph should state: “… sober houses, group homes, LRT and railroad…” The minutes were approved as amended. 3c. Special City Council Minutes November 13, 2007 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Meeting of December 3, 2007 (Item 3b) Page 2 Subject: City Council Minutes November 19, 2007 4a. Resolution No. 07-133 Authorizing parking restrictions at the entrance to Nelson Park, Traffic Study No. 608. 4b. Resolution No. 07-134 Suspending collection of the Local Tax on Lawful Gambling through 2008. 4c. Resolution No. 07-135 Conveyance of tax forfeit property located at 9429 Frederick Avenue. 4d. Resolution No. 07-136 Final payment to Olympic Construction for Westdale Park Detention Pond – Project No. 2006-1300. 4e. Resolution No. 07-137 rescinding Resolution No. 07-097 and adopting Resolution No. 07-138 regarding a Special assessment for sewer service line repair at 7720 Division Street. 4f. Resolution No. 07-139 Authorizing parking restrictions at 3920 Minnetonka Boulevard, Traffic Study No. 606. 4g. Resolution No. 07-140 Authorizing traffic controls at W. 39th Street and Zarthan Avenue and Resolution No. 07-141 Authorizing traffic controls on Zarthan Avenue South At Cambridge Street, Traffic Study No. 607 4h. Minnehaha Creek Watershed District Conservation Agreement. 4i. Change Order No. 4 to Contract 15-07 – Sanitary Sewer Project – Shelard Lift Station (LS) #18 & Force Main (FM) - Project 2005-1200. 4j. Minnehaha Creek Watershed District Letter of Commitment. 4k. Change Order No. 1 to Contract 105-07 – Minnetonka Blvd Trail Improvement – Project 2004-0302. 4l. Amendment No. 3 to Contract 81-05 – Sanitary Sewer Project – Shelard Lift Station (LS) #18 & Force Main (FM) - Project 2005-1200. 4m. Motion to approve for filing Planning Commission Minutes October 17, 2007. 4n. Motion to approve for filing Vendor Claims. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to approve the Agenda and items listed on the Consent Calendar. The motion passed 5-0. 5. Boards and Commissions Mayor Jacobs noted that Council was interviewing candidates for the open board and commission vacancies, stating there were still openings on various boards and commissions. He further stated if anyone was interested they could contact Marcia Honold at the City at 952-924-2651. Mayor Jacobs thanked the candidates who applied, stating it is a lot of work but it is what it takes to make St. Louis Park a great place. Councilmember Paprocki also stated there were openings for youth commission members, such as Human Rights and Planning Commission. He stated it was great was for high school students to get involved. Mayor Jacobs added being able to write that they chaired a Planning Commission would look favorable on a college application. Meeting of December 3, 2007 (Item 3b) Page 3 Subject: City Council Minutes November 19, 2007 6. Public Hearings 6a. Public Hearing and Resolution approving the establishment of The West End Tax Increment Financing District. Resolution No. 07-142 Mr. Hunt presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt Resolution No. 07-142, approving the establishment of The West End Tax Increment Financing District within Redevelopment Project No. 1 (a redevelopment district). The motion passed 5-0. Councilmember Finkelstein clarified that by adopting this resolution, Council still did not have a commitment for an exact amount of financial assistance which is still under negotiation. He further asked what the time frame would be to bring that information back to Council. Mr. Hunt stated December 3rd or 17th. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of an ordinance amending the St. Louis Park Ordinance Code Chapter 32: Utilities. Mr. Olson presented the staff report. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to approve first reading of proposed ordinance amendment to the St. Louis Park Ordinance Code Chapter 32: Utilities, and set second reading for December 3, 2007. Councilmember Basill asked if the determination was whether or not they were going to be replaced or whether or not the residents along the street would pay for. Mr. Olson stated mandatory replacement would be required on high volume roads that had water service lines 50 years old or older and would be included in the plans to be replaced under the surcharge. Mr. Olson further stated it would probably not include those service lines that had been replaced or repaired within the last 20 years. Mr. Rardin stated staff’s expectation was just to authorize replacement of outdated service lines. Councilmember Basill asked if it was common for real estate closers to research utility bills so that a buyer would be aware that there may be this charge. Mr. Rardin stated he was not certain of the requirements for sale disclosure, stating he’s not sure if the surcharge would have to be. Mr. Rardin stated they were limited on what information they could provide on direct pieces of property. Meeting of December 3, 2007 (Item 3b) Page 4 Subject: City Council Minutes November 19, 2007 Councilmember Sanger stated she understood it would only apply to busy streets; however, the ordinance documentation did not include that limitation and asked why it was written more broadly than originally discussed. She also asked Mr. Olson to describe to the residents what happens if they have a surcharge on property if they were to sell their property, how it would get paid off. Mr. Olson stated whenever the City replaced a water main, they encourage residents to replace their line, stating this policy would not require replacement and allowing them a choice, unless it was a busy high volume road. Mr. Olson stated that the amendment would allow it to be used on all streets, but the intent of the policy is that it only be used on busy streets, which would be controlled by Council approval, project by project. He further stated residents could pay this amount up front or through the surcharge. If a resident were to sell their property the surcharge would be attached to the property, so if it were not paid off, the new owner would be responsible for the surcharge until it was paid off. Councilmember Paprocki inquired about the usable life of a road and if the longevity would be affected each time the pavement was cut. Mr. Olson stated each time the road is cut into, it severely deteriorates it and the life expectancy would be decreased. Mr. Olson also stated it would be a considerable savings to the resident to replace it as it gets old versus having to replace it if it should fail. Councilmember Finkelstein reminded everyone that this was an example of the City trying to be pro-active in dealing with an aging infrastructure. Councilmember Paprocki asked how much it would cost a business owner to have the line replaced. Mr. Rardin stated approximately $750 to $2000, because of the minimal amount of work done at reconstruction. The normal replacement could cost $2000 to $5000 because of restoration and traffic control, stating there would be a significant savings when done in conjunction with a project. Councilmember Finkelstein stated it would be approximately half the cost if done when reconstructing the street versus doing it on your own. Mr. Rardin stated possibly even less than half. The motion passed 5-0. 8b. Ordinance Eliminating the Tobacco Smoke Testing and Disclosure Requirements for Licensed Food and Beverage Establishments. Mr. Hoffman presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve first reading of an ordinance amendment deleting Section 8-258 (b) in its entirety and set second reading for December 3, 2007. The motion passed 5-0. Meeting of December 3, 2007 (Item 3b) Page 5 Subject: City Council Minutes November 19, 2007 8c. Preliminary and Final Plat of Fretham 9th Addition (2942 Boone Avenue S). Resolutions No. 07-143 and 07-145 Mr. Fulton presented the staff report. Mr. Harmening stated the staff report indicated the 25 ft setback was noted in the resolution; however, that particular condition was not included and stated there is a revised version and should have been included in the original resolution. Steve Shelerud, 2910 Cavell Avenue South, asked if the builders were going to follow the developer’s plan. Councilmember Paprocki stated it was not actually in the resolution but he would add it to his motion ensure they add the boulder wall and have the turnarounds as part of the conditions. Mr. Shelerud also asked if there were some boulders along Cavell Avenue. Mr. Fulton stated the developer was not intending to include them on Cavell. Councilmember Sanger stated she would not be supporting either plan because she didn’t like the first plan proposal because of land manipulation to make it meet the technically letter of the law and squeeze the last profits of the investment for the developer. She further stated she didn’t really like the second plan any better because of the two variances associated with it, one of which was reducing lot size below minimum requirement and the variance to eliminate the sidewalks. Councilmember Finkelstein asked the developer if he would be willing to go ahead with Councilmember Paprocki’s additional requirements to two separate turnaround lots. The developer’s representative stated yes. Councilmember Finkelstein also asked if the developer agreed with the boulder separation along Minnetonka Boulevard and the developer’s representative stated yes, further stating there was never intention of putting boulders on Cavell. Councilmember Finkelstein stated he was not crazy about sub- divisions; however, in this case he would reluctantly be supporting this because the developer did meet the requirements of the statute and zoning laws. Councilmember Finkelstein further stated that the reason for the current change was the meet the requirements and efforts of meeting with Councilmember Paprocki and the neighborhood. Councilmember Finkelstein went on to state that he didn’t feel they could zoning by neighborhoods, but in this case that the developer was requesting variances because Council asked him to meet with the neighborhood and make changes, he would be reluctantly supporting the resolution. Councilmember Paprocki stated he sympathized with Councilmember Sanger’s comments on neighborhood standards and stated he thought it would be a good thing to look into the future. Councilmember Paprocki further stated that the laws in existence needed to be followed as they stand, stating the developer followed the laws as they stood. Councilmember Paprocki stated appreciation for the work the developer did with staff and the neighborhood. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to adopt Resolution No. 07-143, approving the preliminary and final plat of Fretham 9th Addition with a subdivision variance for sidewalks. Meeting of December 3, 2007 (Item 3b) Page 6 Subject: City Council Minutes November 19, 2007 Mayor Jacobs stated the developer’s initial request essentially met most of the requirements, stating the Council then sent him to meet with the neighborhood to discuss potential changes. He further stated he agreed with Councilmember Sanger on the sidewalk concern and would like to have the issue revisited and put back in if possible. Councilmember Sanger stated it was illogical to make a statement that the street was so narrow and it has problems for parking, but then say they don’t want sidewalks. She went on to state that if the sidewalks were that narrow and there’s traffic problems already, there should be sidewalks where people could walk safely and not have to walk in the narrow street. Councilmember Paprocki stated the developer was willing to apply money to toward sidewalks elsewhere, stating with the addition of the boulder wall for protecting the residents in the yard, it would eliminate the sidewalk. Councilmember Basill asked if with the unique circumstances of the property, would this set a precedence of under sized lots going forward. Mr. Scott didn’t believe they would be, stating the developer met the original requirements; this modification was just simply to make it work better. Councilmember Basill stated the modified proposal was a better project for the community and neighbors. Councilmember Finkelstein reiterated that there was Council reluctance, stating they did have concern with the lot size, and that this was based on the fact that Council sent the developer back to work with the neighborhood. He further stated as a result of Councilmember Paprocki’s motion, he wanted two amendments added: Condition 10, that these variances should be granted on the development of two adequately sized turnaround lots in lots 1 and 2; and Condition 11, that a wall of boulders be added along Minnetonka Boulevard in the manner that was discussed with the neighborhood meetings. Mr. Scott requested another provision be added to incorporate the conditions added into a development contract as approved by the City Attorney. Marty Campion, Otto Associates, stated the developer would be committing to the boulder wall; however, they would like to work with staff as to the ultimate height of the boulder wall and not commit to a specific four feet at this point. Councilmember Paprocki asked Mr. Scott if the development contract would protect the City and make sure the neighborhood needs were met. Mr. Scott stated that the boulder language could state that the boulder wall would be as approved by staff. Councilmember Basill stated he hoped the boulder wall would be esthetically pleasing. Amended MOTION: to adopt Resolution No. 07-143, approving the preliminary and final plat of Fretham 9th Addition with a subdivision variance for sidewalks; and that the Resolution state that the developer shall: 1) install a boulder wall along Minnetonka Boulevard as approved by staff and the City Attorney, 2) install parking turnarounds for Lots 1 and 2 along Cavell Avenue of a minimum 8.5 feet by 20 feet, 3) enter into a Meeting of December 3, 2007 (Item 3b) Page 7 Subject: City Council Minutes November 19, 2007 development agreement with the City to guarantee the completion of all required improvements as approved by the City Attorney. The motion passed 4-1. Councilmember Sanger opposed. It was moved by Councilmember Paprocki, seconded by Councilmember Basill to adopt Resolution No. 07-145, approving the variances to the zoning ordinance, permitting a lot width of less than 85’ and a lot variance of less than 9000 square feet. The motion passed 4-1. Councilmember Sanger opposed. Mayor Jacobs thanked everyone involved in the project. 8d. Early Start Agreement between the City and Park Nicollet Methodist Hospital related to 3515 Belt Line Blvd. (the EDI site). Resolution No. 07-144 Mr. Hunt presented the staff report. It was moved by Councilmember Paprocki, seconded by Councilmember Basill, to adopt Resolution No.07-144, approving the Early Start Agreement between the City and Park Nicollet Methodist Hospital. The motion passed 4-1. Councilmember Sanger opposed. 9. Communications Mayor Jacobs extended Council’s condolences and best wishes to Councilmember Omodt for his mother’s speedy recovery. He also wished everyone a Happy Thanksgiving and to give thanks for the many blessings everyone has. Mr. Harmening stated the Truth and Taxation Notices were currently being mailed out and if residents had any questions they could call the finance department, 952-924-2500, stating they would be happy to answer any questions. 10. Adjournment The meeting adjourned at 8:32 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 3, 2007 Agenda Item #: 3c UNOFFICIAL MINUTES AL MINUTES CITY COUNCIL STUDY SESSION CITY COUNCIL STUDY SESSION NOVEMBER 19, 2007 NOVEMBER 19, 2007 The meeting convened at 6:37 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: City Manager (Mr. Harmening), Communications Coordinator (Mr. Zwilling), Director Technology and Support Services (Mr. Pires), Community Development Director (Mr. Locke), Finance Director (Mr. DeJong), Broadcast Coordinator (Mr. Landis) and Recording Secretary (Ms. Schmidt). Guest: Henry Camacho, Paul Kravolec, Unplugged Cities; Tom Asp, Consultant 1. 2008 Budget Discussion Mr. Pires gave an overview of technology and support services for the 2008 budget report. He further stated a major IT project would be to establish a unified backup tape library system, storage area and email service cluster to enhance system capacity, reliability, availability and recovery. Mr. Zwilling explained to Council the budget impact on marketing and branding, stating that money would be spent incrementally for the next couple of years, project by project as necessary. He further stated there would be an increase in the upcoming budget of about $30,000 to cover the creation of a new community handbook, which would take the place of several currently existing. Mr. Zwilling stated he hoped some of the cost would be offset with sponsorship and ad revenues. Mayor Jacobs stated he liked the park prospective pieces they were doing on the local channels. Councilmember Finkelstein stated he liked the use of original programming, stating it made people feel involved and further asked if there was any use of the studio by teenagers. Mr. Zwilling stated they were working on that and hoped they would be able to mentor them. Councilmember Sanger asked why the support services budget had decreased. Mr. DeJong stated that it was just basically a reclassification transfer, but stated the funds were fundamentally the same. Councilmember Finkelstein asked if they would see a decline in cable fees. Mr. Zwilling stated it was a possibility with the amount of competition but nothing dramatic. Mr. DeJong stated the franchise fees would continue to go up. Mr. Pires stated part of the cable fee decrease they may see would be due to the bundle packages options cable providers were offering. Mr. Locke gave an overview of the 2008 budget. Meeting of December 3, 2007 (Item 3c) Page 2 Subject: City Council Study Session Minutes November 19, 2007 Councilmember Sanger asked if there were any new potential foreclosure programs and asked why the City would have to provide more money if the State would be providing additional funding. Mr. Locke stated it would be to help fund the county with a position, stating the City would not have to hire anyone to help with this. Councilmember Sanger inquired about the duplex acquisition program. Mr. Locke explained that the City would acquire it, make it environmentally friendly and then sell it as two sales versus one. Councilmember Paprocki stated he had a hard time reading the information in the staff report. Mr. DeJong stated basically only one thing in revenue services went up and that was 8 percent due to the bonds for Park Nicollet. Mayor Jacobs asked how many land trusts were done in 2007. Mr. Locke stated they did two. Mayor Jacobs asked if all the excess land property had been sold. Mr. Harmening stated the proceeds were received and were parked waiting for task force input. Councilmember Finkelstein reminded staff to work on setting up the task force for those excess land proceeds. Councilmember Sanger asked Mr. Locke if there was a need another staff person. Mr. Locke stated he appreciated the recognition, but the work seemed to be evening itself out. Councilmember Paprocki suggested using interns for assistance if there becomes a need. Commissioner Sanger suggested Council study the excess land proceeds at their retreat. Mr. DeJong stated that in the areas of accounting, treasury and assessing they were short in the assessing area, but restructuring of the departments would save approximately $10,000 a year. He also reminded Council that new audit standards would be implemented in 2008. The meeting recessed at 7:15 p.m. The meeting reconvened at 8:39 p.m. 2. Wireless Update Mr. Harmening stated the purpose of the discussion was to have an understanding of where they expected to be by the end of November and some possible scenarios. Mr. Pires updated Council on the progress of WiFi. He further stated that ARINC’s previous projection was that Phases 1, 2 and half of Phase 3 along with all poles being put in the ground for the rest of the City would be completed by November 30th. He went on to state that as of today, ARINC’s best estimate would be three sub-areas that could be completed in Phase 1 by November 30th, with no completion dates for the rest of Phase 1, and all of Phases 2, 3, or 4. He had been informed by ARINC that they were also having supply issues with solar panels and trouble getting the poles into the ground. Mayor Jacobs asked if any part or phase had been turned over to test. Mr. Camacho stated that he has not had any portion turned over to him and that he had not had responses back from ARINC on when that possibility would be. He went on to state that he felt ARINC’s overall proposal did not reflect a wireless engineer was involved, and this may have resulted in ARINC underbidding the project. Mr. Camacho further stated he suggested stopping Phase 1 and moving onto the redesigned Phase 2, since the Phase 1 design did not appear optimal; but they Meeting of December 3, 2007 (Item 3c) Page 3 Subject: City Council Study Session Minutes November 19, 2007 did not respond to his suggestion. Councilmember Sanger asked Mr. Camacho if ARINC was not returning his calls. Mr. Camacho stated they are just not telling him anything and when a question is asked, their response is they’ll get back to him, but do not. Councilmember Sanger wanted to know if this had been the process all along and Mr. Camacho stated they have recently brought some new staff for assistance, which has helped. Council discussed alternatives, options and scenarios for the project at this time, asking if it were thought that ARINC no longer wanted to be part of the project if they did not meet the City’s contract due date. Mr. Kralovec stated that Unplugged Cities felt the project could be salvaged with the help of municipal WiFi engineers and also dependent upon whether materials would be removed and they would have to start all over again. Council and staff also discussed the financial amount spent to date, if any of the materials were City owned and if the public should be notified at this point. Mr. Harmening ARINC owns the materials at this point. Mr. Pires stated the City has not accepted any portion of the project. Councilmember Paprocki suggested having Unplugged Cities do a proof concept in Phase 2 or 3 to see what the next step would be. Mr. Scott advised that they would have to allow ARINC every opportunity to complete the project by November 30th, as was the contract due date. The meeting adjourned at 9:50 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: December 3, 2007 Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Ordinance Eliminating the Tobacco Smoke Testing and Disclosure Requirements for Licensed Food and Beverage Establishments. RECOMMENDED ACTION: Motion to approve second reading of an ordinance amendment deleting Section 8-258 (b) in its entirety, approve summary and authorize publication. POLICY CONSIDERATION: N/A BACKGROUND: During 2003, the city adopted the ordinance establishing a tobacco disclosure notice program for licensed food and beverage establishments. Within a year after city implementation, Hennepin County passed an ordinance limiting smoking in food and beverage establishments. The recent October 2007 implementation of the State’s Freedom to Breathe Act, prohibiting tobacco smoking has completely eliminated the need for retaining the tobacco disclosure notice provisions in the city code. This ordinance is therefore a housekeeping action to maintain clarity and accuracy in our city code. The City Council approved the first reading of the ordinance November 19, 2007. Approval of the second reading is required to adopt the ordinance. The ordinance would become effective 15 days after publication. FINANCIAL OR BUDGET CONSIDERATION: N/A VISION CONSIDERATION: N/A Attachments: Code Section 8-258 (b) Proposed Ordinance Ordinance Summary Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 (Item 4a) Page 2 Subject 2nd Rdg Ordinance Eliminating Tobacco Smoke Testing and Disclosure Requirements Sec. 8-258. Regulations and standards. (b) Except for smoke-free establishments, all food and beverage licensees providing indoor seating for consumption of prepared food and beverage products shall be subject to the following testing and disclosure of environmental tobacco smoke requirements: (1) A testing surcharge fee to be paid in addition to the regular license fee. (2) Licensee shall allow the city or designated representative access to the licensed premises to perform collection of air samples from the designated non-smoking section a minimum of three times per year. Collection times will be randomly selected by the city and occur during the establishments normal business hours. Two air samples of 100 liters each will be collected simultaneously by equipment placed on tables or stands separated by a distance of not less then half the distance of the area being sampled. The licensee shall ensure that the sampling equipment is not disturbed or tampered with for the duration of the test. (3) Collected samples will be laboratory analyzed for nicotine concentration using NIOSH (National Institute on Occupational Safety and Health method 2544). The results of all samples for each establishment will be averaged for the year. The resulting average nicotine concentration will be identified in micrograms per cubic meter. (4) Each establishment will be provided with a business specific disclosure notice(s) with the annual license. The notice(s) shall be placed by the licensee on the inside of all transparent entrance door(s) or sidelights into the establishment so as to be visible for the entering public and employees. When no translucent material is present at the entrance door(s), then the disclosure notice(s) shall be located on an interior side wall adjacent to the entrance door(s) approved by the city as the most visible location for the entering public. Only a single sign is needed for each entrance door or pair of doors when the doors are together. Each disclosure notice shall identify the food and beverage establishment by name, disclosure to the public that they may be exposed to environmental tobacco smoke in the non-smoking seating section, and the average level of nicotine sampled. New disclosure notices will be issued for each calendar year. (5) Establishments shall make available public education pamphlets, supplied by the city, providing information on environmental tobacco smoke and the disclosure notice. Pamphlets shall be displayed on a wall or tabletop dispenser in an easily accessed location as near to each disclosure notice as practically possible. The establishment is responsible to maintain a supply of the pamphlets on display and must notify the city if additional pamphlets are needed. (6) The public education pamphlets on environmental tobacco smoke and a training session explaining the disclosure notice shall be provided to every employee by the licensee within thirty days of the initial disclosure notice posting and at the time of hire for new employees. (7) Establishments making substantial improvements in building design or mechanical operating systems intended to reduce environmental tobacco smoke concentrations may request additional samples be collected and any relevant improvement be identified with a revised disclosure notice. (8) In order for an establishment to be considered smoke free and exempt from the requirements, it must prohibit the smoking of tobacco products within the building and have signage indicating a non-smoking environment at all public entrances. Signage must include, but is not limited to, the international non-smoking symbol with a minimum 3.5-inch cross dimension. Meeting of December 3, 2007 (Item 4a) Page 3 Subject 2nd Rdg Ordinance Eliminating Tobacco Smoke Testing and Disclosure Requirements ORDINANCE NO. _____-07 AN ORDINANCE AMENDING SECTION 8-258 OF THE ST. LOUIS PARK CODE OF ORDINANCES ELIMINATING THE TOBACCO SMOKE TESTING AND DISCLOSURE REQUIREMENT FOR LICENSED FOOD AND BEVERAGE ESTABLISHMENTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 8-258(b) of the St. Louis Park Code of Ordinances is hereby deleted in its entirety. Section 2. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council December 3, 2007 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney First Reading November 19, 2007 Second Reading December 3, 2007 Date of Publication December 13, 2007 Date Ordinance takes Effect December 28, 2007 Meeting of December 3, 2007 (Item 4a) Page 4 Subject 2nd Rdg Ordinance Eliminating Tobacco Smoke Testing and Disclosure Requirements SUMMARY ORDINANCE NO.__________-07 AN ORDINANCE AMENDING SECTION 8-258 OF THE ST. LOUIS PARK CODE OF ORDINANCES ELIMINATING THE TOBACCO SMOKE TESTING AND DISCLOSURE REQUIREMENT FOR LICENSED FOOD AND BEVERAGE ESTABLISHMENTS This ordinance eliminates the tobacco smoke testing and disclosure requirements for licensed food and beverage establishments. This ordinance shall take effect December 28, 2007. Adopted by the City Council December 3, 2007 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 13, 2007 Meeting Date: December 3, 2007 Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Second reading of an ordinance amending the St. Louis Park Ordinance Code Chapter 32: Utilities. RECOMMENDED ACTION: Motion to approve the ordinance amending the St. Louis Park Ordinance Code Chapter 32: Utilities. POLICY CONSIDERATION: Adoption of the ordinance amendment would allow staff to implement a new Water Utility Service Line Replacement Policy which was developed for funding the replacement of privately owned water service connections beneath City right-of-way. The service connections would be replaced in conjunction with certain street reconstruction projects and paid for through a surcharge on the consumer’s water bill. BACKGROUND: Staff has developed a policy requiring the replacement of privately owned water service connections beneath the street right-of-way in conjunction with some street reconstruction projects. As part of the policy, a preferred funding mechanism was selected to recover the costs of installing new water service lines. The funding method will be through a surcharge added to the consumer’s water bill. The surcharge will be added to the consumer’s water bill and be payable over a period of 10 years in equal installments, together with an amount equal to interest on the unpaid balance at a fixed annual rate set by the City Finance Department equal to the special assessments interest rate adopted that year. At their November 19, 2007 meeting, City Council approved the first reading of the proposed ordinance (attached) amending the Ordinance Code Chapter 32: Utilities, which will allow charges to consumer’s water bills for the purpose of recovering costs associated with the installation of new water service line connections beneath the City right of way. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: None Attachments: Proposed Ordinance Amendment Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 - Item 4b Page 2 Subject: First reading of Ordinance amending St. Louis Park Ordinance Code Chapter 32: Utilities ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHAPTER 32: UTILITIES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 32-41 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 32-41. Cost of installation borne by consumer. (1) The cost of original installation or repair of all plumbing between the main and the meter shall be borne entirely by the consumer. Such plumbing shall at all reasonable times be subject to inspection by the city. Any repairs found to be necessary by such representatives shall be made promptly or the city will discontinue service. (2) The cost of replacing all plumbing within the City right of way between the main and the shut off as part of a street reconstruction project shall be a charge to the consumer. The cost shall be added to the consumer’s water bill and be payable over a period of 10 years in equal installments, together with an amount equal to interest on the unpaid balance at a fixed annual rate set by the City Finance Department equal to the special assessments interest rate adopted that year. Section 2. This Ordinance shall take effect fifteen days after its publication. First Reading November 19, 2007 Second Reading December 3, 2007 Date of Publication December 13, 2007 Date Ordinance takes effect December 28, 2007 Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting Date: December 3, 2007 Agenda Item #: 4c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Amend Consultant Contract 129-06 - Highway 7 / Wooddale Avenue Interchange Project - Project No. 2004-1700 RECOMMENDED ACTION: Motion to approve Amendment No. 3 to Contract 129-06 which provides additional engineering consulting services for the Highway 7 / Wooddale Avenue Interchange Project - Project No. 2004-1700 POLICY CONSIDERATION: None. BACKGROUND: History and Recent Activities 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 (amended to $161,000 in September of 2007). Phase II activity is best described as the public development and comparison of interchange concepts. Final Phase II activities have been identified and scheduled and are expected to be completed in early December 2007. Council received a report and briefing on Phase II activities and findings at the November 13, 2007 Study Session at which time Council directed staff and our consultant to pursue Phase III activities. Additional Professional Services The next phase of the project development process, Phase III, is best described as the preliminary detail design and environmental study / documentation phase of the project. There will be an appropriate public information and involvement process developed for the Phase III activities as that phase is implemented. The following is a list of tasks associated with this phase of the project: • An environmental assessment • Geometric layout development • Development of a preliminary cost estimate • A determination of right of way needs • Preparation of the required state / federal Design Memorandum and Design Study Report Meeting of December 3, 2007 - Item No. 4c Page 2 Subject: Amend Consultant Contract 129-06 - Hwy 7 & Wooddale Ave Interchange Project - Project No. 20041700 • Public involvement activities • Project management activities Project Schedule Phase III activities are scheduled to begin in December and are expected to be completed by September 2008. Assuming adequate funding becomes available, this schedule provides for a bid opening in April of 2009; construction is expected to last two years, 2009-2010. FINANCIAL OR BUDGET CONSIDERATION: Estimated Contract Cost A Proposal from SRF dated October 31, 2007 estimates the cost for the additional Phase III work at $221,920. All work performed under this contract is paid for on a time and materials basis. The initial source of funding for this work/project is the HRA levy proceeds. 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 Amendment No. 3 (Phase III work) $ 221,920 Total $ 382,920 Contract Terms The following terms are incorporated into this contract: 1. Phase III contract work is scheduled for completion by the end of September 2008. 2. Compensation is based on actual work performed with a maximum contract amount of $382,920. 3. SRF has independent contractor status. 4. City may terminate this contract with seven (7) days notice. The document utilized for this contract is the City’s standard professional services agreement developed by the City Attorney. VISION CONSIDERATION: The following Strategic Direction and focus area was identified by Council earlier this year: St. Louis Park is committed to being a connected and engaged community. Focus will be on: • Promoting regional transportation issues and related dedicated funding sources affecting St. Louis Park including but not limited to Hwy. 100 and SWLRT. Attachments: Amendment No. 3 Prepared by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 - Item No. 4c Page 3 Subject: Amend Consultant Contract 129-06 - Hwy 7 & Wooddale Ave Interchange Project - Project No. 20041700 AMENDMENT NO 3. CITY of ST. LOUIS PARK CONSULTING SERVICES CONTRACT NO. 129-06 THIS AGREEMENT is made on December 3, 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. On September 4, 2007 Amendment No. 2 was approved to perform additional Phase II activities at an additional cost of $9,000 with a not to exceed total contract cost of $161,000. 2. ITEM NO. 1: SCOPE OF SERVICES: This paragraph shall be amended to include the additional Phase III engineering services outlined in the SRF proposal dated October 31, 2007. 3. ITEM NO. 2: TIME FOR PERFORMANCE OF SERVICES: This paragraph is modified to reflect that Phase III activities are to be completed by the end of September 2008. 4. ITEM NO. 3: COMPENSATION FOR SERVICES: Subject to the modifications set forth herein, the not to exceed compensation amount shall increase by $221,920 from $161,000 to $382,920. 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 Meeting Date: December 3, 2007 Agenda Item #: 4d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Imposing Civil Penalties for Liquor License Violations RECOMMENDED ACTION: Motion to adopt Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager. POLICY CONSIDERATION: Does the City Council concur with the administrative hearing decision of the City Manager to impose penalties for liquor license violations occurring October 3 and October 19 at seven establishments in St. Louis Park? If the City Council should disagree with the City Manager’s recommendation, a hearing would need to be scheduled for the Licensee to appear before the City Council for further consideration. BACKGROUND: Liquor compliance checks were conducted by the St. Louis Park Police Department on October 3 and October 19, 2007. Under the direction of Police officers, one underage male buyer (19 years old) attempted to purchase alcoholic beverages at the 44 licensed establishments throughout the city. Seven of the licensed establishments sold liquor to the minor. Citations were issued in each case and forwarded to Hennepin County District Court for consideration of criminal penalties. The City is responsible for imposing civil penalties. Minnesota Statutes 340A.415 limits a civil penalty fee of up to $2,000 for each violation. Ordinance No. 2329-07 adopted by Council on May 7, 2007 amended Chapter 3 of the City Code concerning restrictive presumptive civil penalties for liquor violations. The new presumptive penalty for the sale of alcohol to an underage person is $2,000 for the first violation. Any new liquor violations occurring after the June 1, 2007 effective date of this ordinance will be considered as the first violation, and any prior liquor violations would not be included in the three year time period computation of violations. Administrative Process Liquor license violators can choose to appear at an administrative hearing before the City Manager or appeal directly to the City Council. All seven establishments with liquor violations appeared at the administrative hearings held on November 16, 2007. At those hearings the City Manager, City Clerk, and Lieutenant Mike Harcey reviewed each violation in detail and discussed preventive measures that could be taken to ensure that future violations do not occur. Lieutenant Harcey discussed training provided by the St. Louis Park Police Department. At the end of each hearing a penalty fine was determined by the City Manager. All license holders signed stipulations agreeing to the facts of their case and accepting the fine imposed. Many of the establishments indicated they are working hard to train employees and now provide tools such as serve safe booklets, ID hand held scanners, and $50 incentive for passing internal or external compliance checks. Meeting of December 3, 2007 (Item 4d) Page 2 Subject: Liquor License Violations The establishments and fines set are as follows: Licensee Establishment Name Address Violation Date Violation No. Fine/Penalty Applebee’s Grill Bar 8332 Hwy 7 10/03/07 1 $ 2,000 Al’s Bar 3912 Excelsior Blvd 10/19/07 1 $ 2,000 Bunny’s 5916 Excelsior Blvd 10/03/97 1 $ 2,000 Doubletree Park Place Hotel 1500 Park Place Blvd 10/19/07 1 $ 2,000 Liquor Barrel 5111 Excelsior Blvd 10/19/07 1 $ 2,000 Taste of India 5617 Wayzata Blvd 10/03/97 1 $ 2,000 Vescio’s Italian Restaurant 4001 Hwy 7 10/03/07 1 $ 2,000 FINANCIAL OR BUDGET CONSIDERATION: N/A VISION CONSIDERATION: N/A Attachments: Resolutions Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 (Item 4d) Page 3 Subject: Liquor License Violations RESOLUTION NO. 07-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING OCTOBER 3, 2007 AT APPLEBEE’S GRILL BAR 8332 HIGHWAY 7 WHEREAS, on October 3, 2007, a liquor license violation, sale of liquor to a minor, occurred at Applebee’s Grill Bar, located at 8332 Highway 7 in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting of December 3, 2007 (Item 4d) Page 4 Subject: Liquor License Violations RESOLUTION NO. 07-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING OCTOBER 3, 2007 AT VESCIO’S ITALIAN RESTAURANT 4001 HIGHWAY 7 WHEREAS, on October 3, 2007, a liquor license violation, sale of liquor to a minor, occurred at Vescio’s Italian Restaurant located at 4001 Highway 7 in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting of December 3, 2007 (Item 4d) Page 5 Subject: Liquor License Violations RESOLUTION NO. 07-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING OCTOBER 3, 2007 AT BUNNY’S 5916 EXCELSIOR BLVD WHEREAS, on October 3, 2007, a liquor license violation, sale of liquor to a minor, occurred at Bunny’s located at 5916 Excelsior Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting of December 3, 2007 (Item 4d) Page 6 Subject: Liquor License Violations RESOLUTION NO. 07-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING OCTOBER 3, 2007 AT TASTE OF INDIA 5617 WAYZATA BLVD WHEREAS, on October 3, 2007, a liquor license violation, sale of liquor to a minor, occurred at Taste of India located at 5617 Wayzata Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting of December 3, 2007 (Item 4d) Page 7 Subject: Liquor License Violations RESOLUTION NO. 07-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING OCTOBER 19, 2007 AT AL’S BAR 3912 EXCELSIOR BLVD WHEREAS, on October 19, 2007, a liquor license violation, sale of liquor to a minor, occurred at Al’s Bar located at 3912 Excelsior Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting of December 3, 2007 (Item 4d) Page 8 Subject: Liquor License Violations RESOLUTION NO. 07-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING OCTOBER 19, 2007 AT LIQUOR BARREL 5111 EXCELSIOR BLVD WHEREAS, on October 19, 2007, a liquor license violation, sale of liquor to a minor, occurred at Liquor Barrel located at 5111 Excelsior Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting of December 3, 2007 (Item 4d) Page 9 Subject: Liquor License Violations RESOLUTION NO. 07-______ RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING OCTOBER 19, 2007 AT DOUBLETREE PARK PLACE HOTEL 1500 PARK PLACE BLVD WHEREAS, on October 19, 2007, a liquor license violation, sale of liquor to a minor, occurred at Doubletree Park Place Hotel located at 1500 Park Place Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the new Ordinance structure; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting Date: December 3, 2007 Agenda Item #4e Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Amend Contract No. 1893 – Laboratory service for groundwater sampling program for 2008. RECOMMENDED ACTION: Motion to approve Amendment No. 18 to Contract No. 1893 which provides laboratory services related to the Reilly Tar & Chemical Corporation groundwater sampling program through year 2008 with TestAmerica Laboratories, Inc.. POLICY CONSIDERATION: None. BACKGROUND: The City has maintained a contractual relationship with TestAmerica Laboratories, Inc. (formerly STL - Denver, and previously Quanterra Corporation and originally as Rocky Mountain Analytical Laboratory) for the analysis of groundwater in accordance with the provisions of the consent decree with Reilly Tar & Chemical Corporation (Reilly) since 1988. Staff has identified only two firms capable of providing necessary laboratory services - TestAmerica Laboratories, Inc. and CH2M Hill, the laboratory used by the United States Environmental Protection Agency (EPA). Insofar as the USEPA remains opposed to the use of its laboratory consultant by either the City or Reilly, TestAmerica Laboratories, Inc. remains the only available consultant for laboratory services. The contract with TestAmerica Laboratories, Inc. has been amended each year since 1988. The City Council has previously authorized staff to negotiate contract amendments with TestAmerica Laboratories, Inc.. The staff has completed negotiations in costs (unit prices) for the laboratory analysis to be performed in year 2008. ADDITIONAL INFORMATION: The City, Minnesota Pollution Control Agency (MPCA) and the United States Environmental Protection Agency (EPA) acknowledge advances in the technology of groundwater analysis methods since the original testing methodology was agreed to in 1986. City staff has been advocating for several years to update the testing methodology at the Reilly site. Staff also determined the procedures for laboratory data reporting, data validation and data quality review needed updating and simplifying. The entire groundwater monitoring process, which is outlined in the Reilly Quality Assurance Project Plan (QAPP), was re-formatted by the City in 2000, with EPA guidance, to current acceptable methodologies. As a result of this, the proposed 2008 monitoring program and this contract amendment include changes that have significantly reduced the cost of the overall monitoring program the past several years. A summary of recent expenses follows: Meeting of December 3, 2007 – Item No. 4e Page 2 Subject: Extend Contract No. 1893 for 2008 Laboratory Services YEAR AMOUNT COMMENT 1995 132,070 Actual 1996 178,640 Actual 1997 174,695 Actual 1998 123,500 Actual 1999 125,620 Actual 2000 86,020 Actual 2001 85,300 Actual 2002 58,540 Actual 2003 59,800 Actual 2004 52,325 Actual 2005 49,250 Actual 2006 53,650 Actual 2007 45,850 Estimated 2008 52,050 Projected FINANCIAL CONSIDERATIONS: Contract authorizations from 1988 through 2007 provide for a cumulative contract amount of $2,309,000 with total estimated expenses of $2,294,472 thereby creating an estimated contract balance of $14,528 at the end of 2007. Based on the updated analytical process and other changes related to data, staff estimates that approximately $52,050 will be expended for water sample analysis during year 2008. Therefore, staff is seeking an additional authorization of $50,000 to the contract to cover the expected 2008 costs plus unanticipated contingencies. The proposed 2008 Reilly Budget contains funding for this Reilly activity. RECOMMENDATION: Staff recommends Contract No. 1893 be amended to increase the contract amount by $50,000 to provide for groundwater sample analysis during year 2008. VISION CONSIDERATION: None Attachments: Amendment No. 18 to Contract No. 1893 Prepared By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager Meeting of December 3, 2007 – Item No. 4e Page 3 Subject: Extend Contract No. 1893 for 2008 Laboratory Services CITY OF ST. LOUIS PARK AMENDMENT NO. 18 TO CONSULTING SERVICES CONTRACT NO. 1893 THIS AMENDMENT NO. 18 to Contract No. 1893 is made on December 3, 2007, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as “CITY”, and TESTAMERICA LABORATORIES, INC. (formerly SEVERN TRENT SERVICES, and previously QUANTERRA CORPORATION, and originally ROCKY MOUNTAIN ANALYTICAL LABORATORY/ENSCO) hereinafter referred to as “TESTAMERICA LABORATORIES, INC.”. BACKGROUND On December 12, 1988, the CITY and TESTAMERICA LABORATORIES, INC. entered into Contract No. 1893 for consultant services related to certain rights and responsibilities the CITY accepted under an agreement with Reilly Tar & Chemical Corporation (Reilly) which is attached as Exhibit B to a Consent Decree in United States of America, et al. vs. Reilly Tar & Chemical Corporation, Housing and Redevelopment Authority of St. Louis Park, Oak Park Village Associates, Rustic Oaks Condominium, Inc. and Philips’s Investment Company, United States District Court, District of Minnesota, Civil File No. 4-80-469. Pursuant to communication between the CITY and TESTAMERICA LABORATORIES, INC., it has been determined that it is in the best interests of the CITY and TESTAMERICA LABORATORIES, INC. to extend the term of Contract No. 1893 to December 31, 2008, and amend the provisions of Contract No. 1893 and amendments issued thereto dated June 29, 1989, March, 1990, November 18, 1991, February 22, 1994, January 11, 1995, February 20, 1996, December 2, 1996, March 2, 1998, December 7, 1998, December 6, 1999, January 16, 2001, December 17, 2001, December 16, 2002, December 1, 2003, December 20, 2004, December 19, 2005, and December 4, 2006, incorporating responsibilities each party will assume through year 2008 to discharge those responsibilities the CITY has accepted under Exhibit B to the Consent Decree. NOW, THEREFORE, in consideration of the above facts and mutual covenants herein contained, it is hereby agreed that Contract No. 1893 and all previous Amendments are amended as follows: I. Contract Period 1. The length of Contract No. 1893 shall be extended to December 31, 2008. 2. Total compensation to TESTAMERICA LABORATORIES, INC. for all services rendered pursuant to Contract No. 1893, as amended, shall not exceed $2,359,000. IT IS FURTHER AGREED that all other provisions of Contract No. 1893 and all previous Amendments shall remain unchanged and fully effective, and this Amendment shall become an integral part thereof. EXECUTED as to the day and the year first above written. CITY OF ST. LOUIS PARK, MINNESOTA TESTAMERICA LABORATORIES, INC. _____________________________________ By: __________________________ Mayor _____________________________________ Its: __________________________ City Manager Attest: _____________________________________ City Clerk Meeting Date: December 3, 2007 Agenda Item #: 4f Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Award contract to Engle Fabrication Inc. for a mounted water delivery system. RECOMMENDED ACTION: Staff has determined that Engle Fabrication Inc. is the lowest responsible bidder and recommends a contract be awarded in the amount of $61,758.29 for the purchase and installation of the water delivery system. POLICY CONSIDERATION: Not applicable. BACKGROUND: Proposals were received on November 19, 2007 for the purchase and installation of One (1) Chassis Mounted Water Delivery System as provided in the 2007 Capital Equipment Replacement Budget. The combination of truck chassis and water delivery system (known as a flusher truck) will have multiple uses. The flusher truck will be used for street sweeping throughout the year for construction projects, chip and seal, winter sand clean-up, leaf removal, dust control and summer sweeping. The high pressure hose will be used for sidewalk and center island debris removal. During the winter it will be used to distribute water in order to help make ice at our rinks. An advertisement for bids was published in the St. Louis Park Sun-Sailor. Three (3) bid packages were issued to vendors in Minnesota and North Dakota. A summary of the bid results is as follows: VENDOR BID AMOUNT Ruffridge Johnson No Bid Engle Fabrication Inc. $61,758.29 Swanston Equipment Co. No Response FINANCIAL OR BUDGET CONSIDERATION: The 2007 Equipment Replacement Fund (ERF) provides $118,450.00 for the purchase of one truck chassis and the purchase and installation of a water delivery system. The bid(s) were reviewed by staff to determine compliance and responsiveness to bid specifications for purchase of the water delivery system. Staff reviewed the specifications of the lowest bidder, Engle Fabrication Inc., and found their bid compliant in all aspects of advertised bid specifications. Meeting of December 3, 2007 Page 2 Subject: Award contract for Mounted Water Delivery System The truck chassis for the water delivery system was purchased previously for $60,026. Accepting the bid of $61,758.29 for the purchase and installation of the water delivery system provides a total purchase price of $121,784.29. This total purchase price less budgeted ERF expense, less expected auction revenue (replaced water truck #9206) of $8,000.00 provides a positive ERF balance of $4,665.71. VISION CONSIDERATION: Not applicable. Attachments: None. Prepared by: Dennis Millerbernd, Superintendent of Central Equipment Services Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: December 3, 2007 Agenda Item #: 4g Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Authorize contract for 2008 consultant services (Reilly). RECOMMENDED ACTION: Motion to adopt resolution authorizing execution of a one (1) year contract with ENSR Consulting and Engineering for consultant services related to the implementation of the Reilly Tar & Chemical Corporation (Reilly) Remedial Action Plan (RAP) during year 2008. POLICY CONSIDERATION: None. BACKGROUND: History In September, 1986, the Reilly Consent Decree became effective and the City accepted responsibility for a number of environmental remediation tasks contained in the Reilly Remedial Action Plan (RAP). Over the last 21 years the City has retained the services of nine consulting engineers or firms to provide for the design and/or implementation of the RAP activities. One firm, ENSR, has served as the cornerstone of the professional “consortium” because of its extensive historical relationship with the Reilly project. Contract activities have included, but not been limited to: Groundwater sampling and analysis Drafting annual reports for agency review Aquifer studies Investigation of leaking wells Soil investigations Historical file searches General project administration While many of the studies required by the Reilly RAP have been completed by ENSR and others, certain tasks such as groundwater sample retrieval and annual reporting represent ongoing activities which will require consultant assistance in 2008 and in the future. ENSR has provided consultant services for the ongoing tasks in the past, and as such, has been recognized by the United States Environmental Protection Agency (U.S. EPA) and Minnesota Pollution Control Agency (MPCA) as an approved consultant for such activities. Staff supports the continued use of ENSR for such services. 2008 Environmental Services The following work tasks describe the work and associated costs expected during 2008: Meeting of December 3, 2007 - Item 4g Page 2 Subject: Authorize Contract for 2008 Consultant Services (Reilly) Task 100 - 2007 Annual Monitoring Report: This task involves drafting text and preparing figures and tables to assist the City in completing the 2007 Annual Monitoring Report. The Annual Monitoring Report includes analytical results from the past year sampling efforts, as well as groundwater contour maps. Additionally, a historical summary of analytical results is provided in the Annual Monitoring Report. A data quality review will again be part of the Annual Monitoring Report. This report is due to the U.S. EPA and MPCA (Agencies) on March 15, 2008. Task 150 - 2007 Annual Progress Report and GAC Plant Report: ENSR will assist the City in completing these two reports for submittal to the Agencies on March 15, 2008. Task 400 - Groundwater Monitoring and Sample Shipping: This task involves groundwater sample collection in accordance with the 2008 Sampling Plan and water level measurements pursuant to that Plan. Table 1 indicates a cost of $54,000 for this work, which matches last year's budget and actual cost. This cost includes ENSR labor to collect samples from the municipal drinking water wells, GAC plant, and the gradient control wells. The samples will be shipped overnight via Fed Ex by ENSR. Task 500 - Five-Year Review Issues: The Agencies' Five-Year Site Review identified six issues (Section VIII, Table 6), six recommendations (Section IX, Table 7), and six "actions that need to be taken to achieve long- term protectiveness" (Section X, Site-Wide Protectiveness Statement, p. 55). The issues, recommendations, and actions consist of the following: 1. The Prairie du Chien-Jordan Aquifer remedy and modeling review. 2. Evaluate well W70. This has been done, the well is abandoned, and documentation should be completed in 2007. 3. Institutional Controls in the form of deed restrictions, local government controls, and maps/inspections. 4. Vapor intrusion evaluation and follow-up actions. 5. Well SLP 3 evaluation. If the City needs this well, its potential impact on the Platteville Aquifer must be documented. 6. Monitor vertical migration. MPCA staff has indicated a desire to discuss all these items; it is possible Items 2, 5, and 6 may be resolved at that time. In any case ENSR does not anticipate significant expenditures to resolve those items (less than $5,000 total). Item 1 has been carried along in prior-years' budgets for discussing MPCA's modeling and installing one sentry well. It now appears that perhaps two or three sentry wells are on the table, but given the prior history, and the expectation that drilling costs will be bid out later and will not be part of ENSR's budget, ENSR recommends the same $5,000 budget for Item 1 that we have had in past years. ENSR will be glad to assist the City in any way necessary for Item 3, but this is probably a task the City would handle internally, and no further budget beyond the $5,000 mentioned above for Items 2, 5, and 6 is anticipated at this time (a total of $10,000 for Items 1, 2, 3, 5, and 6). Meeting of December 3, 2007 - Item 4g Page 3 Subject: Authorize Contract for 2008 Consultant Services (Reilly) That leaves Item 4 - the vapor intrusion issue. The level of effort required to address this issue will require concurrence by the Agencies, and is an unknown quantity at present. ENSR has relevant experience with this issue at many other sites, and in some cases the costs can be significant. ENSR recommends a budget of $20,000 for this issue in 2008 to cover at least some data collection and reporting. However, at this time it is difficult to predict if $20,000 will be sufficient to address the issue completely. Task 600 - Laboratory Coordination: This task includes two subtasks: 1. Working with STL on implementing the QAPP, coordinating sampling events, and updating and maintaining the water quality database. 2. Providing data review and data validation at the levels described in the QAPP. The data validation and data quality review will be documented in the Annual Monitoring Report. Task 700 - Site Closure: In 2008, this task includes ENSR's labor and expenses for coordinating the abandonment of various wells with MPCA, the City, water well contractors, and other parties, as necessary. Contractor costs for actual well abandonment are not included in this budget. Task 810 - Program Management and Miscellaneous: This task includes overall planning, directing, and controlling ENSR's resources to perform this project. This task also includes miscellaneous activities throughout the year such as next year's Sampling Plan (due October 31, 2008), that includes the Site Management Plan and the Quality Assurance Project Plan. ENSR proposes to establish the same task budget for 2008 program management as for prior years. Summary As noted above, ENSR has been deeply involved in previous related activities and has collaborated with the City in the development of proposals submitted to the Agencies for the work tasks listed. Staff supports the continued use of ENSR for the work tasks. Staff is aware of the City Council’s desire to solicit competitive quotations for consultant services whenever possible. In this instance ENSR’s historical data base and experience in developing the basic technical foundation upon which the 2008 tasks are identified cause the Agencies and City staff to strongly support a continued contractual relationship with ENSR. As in the past, all activities are assigned through, and closely monitored by staff. Wherever possible, staff drafts reports for submittals, makes contacts with the Agencies, and coordinates the consultant activities, thereby reducing out of pocket expenditures. FINANCIAL OR BUDGET CONSIDERATION: Estimated Contract Cost Past annual costs paid to ENSR for Reilly consulting services since 1993 have ranged from a low of $64,642 to a high of $162,406. The ENSR contract entered into for 2007 allowed for possible expenses of $126,500 with actual year to date expenses through October of $94,361. The proposal received from ENSR estimates the cost for 2008 work tasks at $142,500. The increase in estimated costs for 2008 is generally associated with responding to MPCA concerns identified in their 5 year review (Task 5). Following is a summary of the 2008 ENSR work tasks and their estimated costs: Meeting of December 3, 2007 - Item 4g Page 4 Subject: Authorize Contract for 2008 Consultant Services (Reilly) Table 1 TASK ESTIMATED COST, $ Task 100 2007 Annual Monitoring Report (due March 15, 2008) 17,500 Task 150 2007 Progress Report and GAC Plant Report 3,000 Task 400 Groundwater Sampling and Monitoring in 2008 54,000 Task 500 Prairie du Chien Aquifer Remedy Implementation 30,000 Subtask: Prairie du Chien – Jordan modeling 5,000 Subtask: W70, IC, SLP3, and vertical migration 5,000 Subtask: Vapor intrusion 20,000 Task 600 Laboratory Coordination 12,000 Subtask: Lab coordination 5,000 Subtask: Data validation and review 7,000 Subtask: Laboratory audit 0 Task 700 Site Closure 1,000 t Subtask: Well abandonment 1,000 Task 810 Project Management/Miscellaneous 25,000 Total Estimated Project Cost for 2008 $142,500 The 2008 Reilly Budget contains funding for these Reilly related consultant activities. Contract Terms The following significant terms have been in the past contracts and will also be incorporated into this contract: 1. Contract terminates annually on December 31, (2008) with City rights to extend for up to two (2) additional one (1) year periods. 2. Compensation to be based on actual work performed with a maximum contract amount of $142,500 for 2008. 3. ENSR will defend and indemnify the City for ENSR’s actions related to this contract. 4. ENSR has independent contractor status. 5. City may terminate this contract at any time for any reason with a 30 day written notice. The City Attorney was involved in the preparation of this contract. VISION CONSIDERATION: Not Applicable Attachment: Resolution Prepared by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 - Item 4g Page 5 Subject: Authorize Contract for 2008 Consultant Services (Reilly) RESOLUTION NO. 07-___ RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ENSR CONSULTING AND ENGINEERING FOR PROFESSIONAL SERVICES RELATED TO IMPLEMENTATION OF THE REILLY TAR & CHEMICAL CORPORATION REMEDIAL ACTION PLAN WHEREAS, pursuant to the execution of a Consent Decree in the case of the United States of America, et al versus Reilly Tar & Chemical Corporation, et al, the City of St. Louis Park has assumed certain responsibilities in the implementation of a Remedial Action Plan related thereto; and WHEREAS, the City has determined that it will be necessary to retain the services of a professional consultant to implement various activities for which it is responsible under the terms of the Consent Decree and Remedial Action Plan. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Mayor and City Manager are hereby authorized to enter into a contract with ENSR Consulting and Engineering in the amount of $142,500 for consultant activities related to the implementation of the Reilly Tar & Chemical Corporation Remedial Action Plan during 2008. Reviewed for Administration Adopted by the City Council December 3, 2007 City Manager Mayor Attest: City Clerk Meeting Date: December 3, 2007 Agenda Item #: 4h Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Change Order No. 2 to Contract 60-07, Flood Improvement Project - Area #26 (Dakota Park) - Project 2003-1300 ACTION: Motion to approve Change Order No. 2 to Contract No. 60-07, Flood Improvement Project - Area #26 (Dakota Park) - Project 2003-1300 POLICY CONSIDERATION: Not Applicable BACKGROUND: History On May 7, 2007, the City Council approved a contract in the amount of $817,414.75 to G.F. Jedlicki, Inc. for construction of City Project No. 2003-1300, Dakota Park Area Drainage Improvements. Essentially, the project is comprised of the excavation of detention basins in Dakota Park, the reconstruction of W. 27th Street from Dakota Avenue South to Brunswick Avenue South, and the installation of three (3) large diameter storm drain pipes under the CP Rail tracks on the east side of Dakota Park. On November 5, 2007, the City Council approved Change Order No. 1 for this project which essentially covers significant additional excavation work as a result of changed conditions from the original contract. Additional Work (Change Order No. 2) Additional work added to G.F. Jedlicki’s contract by Change Order No. 2 (attached) can essentially be summarized and attributed to the following: 1) Extension in Contract Time: As a result of the Change in Scope of Work as provided in Change Order No. 1, and the additional work as described in this proposed Change Order No. 2, a revision to the contract completion date is necessary. The original start date of the Contract was May 14th, 2007, several months after permits had been applied for. Construction was delayed until June 12th when the Minnehaha Creek Watershed District (MCWD) issued a permit for only part of the project. The work in W. 27th Street including the storm sewers and street paving began but the ponds and the three (3) large diameter overflow pipes crossing under the rail road tracks were put on hold until MCWD issued the remainder of the permit. An agreement was reached with the watershed district and a permit was issued to the City on September 10th, 2007 for the remainder of the project. Meeting of December 3, 2007 – Item No. 4h Page 2 Subject: Change Order No. 2 to Contract 60-07 -Dakota Park – Project 2003-1300 Upon resumption of the work, contaminated soils were encountered as described in Change Order No. 1. Soil testing necessary for landfill disposal of excavated soils revealed the soils to be contaminated, and a Voluntary Response Action Plan (VRAP) was prepared and sent to the MPCA for approval. This delayed the start of the pond excavation, along with a very wet rainy period, until October 24th, 2007. The substantially complete date is recommended to be changed from September 28th, 2007 to June 1st, 2008. 2) Low and High Capacity Overflow Control Structures As a result of the final MCWD permit (described above), plan changes to the inlets of the overflow pipes were required. The proposed flared end inlets to the three (3) pipes as originally bid per plan were required to be replaced with three (3) 60” diameter high level overflow manholes that restrict normal flows but not 100-year events. As a result of the elimination of the flared ends and addition of the manhole structures, there is a net increase to the contract in the amount of $22,290. 3) Additional Backfill Material for MPCA Required Cap As explained previously, Change Order No. 1 addressed the increased cost of excavating and disposing of contaminated materials for the detention basin areas. As a result of the changed scope and subsequent review by the Minnesota Pollution Control Agency (MPCA), the MPCA requires four feet of clean fill to be placed as a cap over any remaining contaminated soils. As a result, over excavating of the side slopes and capping the exposed “polluted” soil with four feet of clean fill was required by the MPCA. The existing contract has a bid price of $9.00 a cubic yard for select granular fill which will be used for the additional backfill material. The estimated quantity in the Bid Form for Bid Item 1.04U was 222 cubic yards and will need to be increased by an estimated 3,500 cubic yards to provide the necessary cover material. This estimated quantity increase at the Bid price of $9.00 a cubic yard will increase the project cost by approximately $31,500. The Contactor will be paid on the actual measured quantity of material used. Current Status and Project Schedule At this time, the Contractor has substantially completed all excavation. Some additional clean fill material remains to be hauled in and installed as bank lining as required by the MPCA. A drain tile system on the bottom of the detention area, replacement of topsoil, and seeding and mulching of the entire site area will follow within the next week. Additional restoration, including tree replacement plantings will follow in the spring of 2008. The installation or “jacking” of the three (3) 36-inch diameter pipes underneath the railroad tracks has progressed well and is expected to be completed within the next week. Meeting of December 3, 2007 – Item No. 4h Page 3 Subject: Change Order No. 2 to Contract 60-07 -Dakota Park – Project 2003-1300 FINANCIAL OR BUDGET CONSIDERATIONS: The overall estimated total contract increase as a result of Change Order No. 2 is approximately $54,000, depending upon on final quantities. Combined with the original contract amount of $817,414.75, and Change Order No. 1, the total contract construction cost is estimated to be $1,465,605, pending tabulation of final quantities. The Dakota Park Project is being funded from a combination of Stormwater Utility Fund General Obligation Revenue Bonds (50%) and State of Minnesota Flood Reimbursement Grant monies (50%). We expect the additional costs (both construction contract and professional services) to be covered by the same percentage. Initial contacts with the Department of Natural Resources and internally (Finance) indicate that there are sufficient funds to cover the costs. VISION CONSIDERATION: Not Applicable. Attachment: Change Order No. 2 Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 – Item No. 4h Page 4 Subject: Change Order No. 2 to Contract 60-07 -Dakota Park – Project 2003-1300 Change Order No. 2 Dakota Park Area Flood Improvement Project City of St. Louis Park, Minnesota City Project Number 2003-1300 Date of Issuance: ______________, 2007 Owner: City of St. Louis Park Project No.: 23/27-G41 JNB Contractor: G.F. Jedlicki, Inc. Engineer: Barr Engineering Company The Contractor is hereby directed to make the following changes in the Contract Documents: 1) Extension in Contract Time Description: As a result of the Change of Scope of Work as provided in Change Order No. 1, the substantially complete date shall be changed from September 28th, 2007 to June 1st, 2008. Reason for Change: The original start date of the Contract was May 14th, 2007 and was delayed until June 12th when Minnehaha Creek Watershed District issued a permit for only part of the project. The work in West 27th including the storm sewers and street paving began but the ponds and the high level overflow pipes crossing under the rail road tracks were put on hold until a watershed district permit for the excluded portion of the work could be obtained. . An agreement was reached with the watershed district and a permit was issued to the City on September 10th, 2007 for the remainder of the project. Soil testing necessary for landfill disposal of excavated soils revealed the soils to be contaminated and a (VRAP) was prepared and sent to the MPCA for approval ( see Item 1 above). This delayed the start of the pond excavation and then a very wet rainy period that delayed the start of any further construction until October 24th, 2007. Change in Contract Price: This change shall not make a change in the Contract price due to the delays. Change in Contract Time: This change extends the “substantial completion date” to June 1st, 2008 and the “final completion date” to June 15th, 2008. 3) Additional Backfill Material for MPCA Required Cap Description: CONTRACTOR provided materials, equipment, and labor necessary for placing additional backfill material around the perimeter side slopes of the two ponds for MPCA-required four foot cap of clean materials over exposed contaminated soils to be left in place. Reason for Change: Excavation of the ponds to provide the necessary flood detention volume will not remove all the contaminated soils on the site. Remaining contaminated soils that are exposed by the pond excavation will likely be present on the slopes around the entire perimeter of the ponds. The MPCA requires four feet of clean fill to be placed as a cap over the contaminated soils. Providing the necessary flood detention and the MPCA-required cover material will require over excavating the side slopes and capping the exposed polluted soil with four feet of clean fill per MPCA requirements. Meeting of December 3, 2007 – Item No. 4h Page 5 Subject: Change Order No. 2 to Contract 60-07 -Dakota Park – Project 2003-1300 The existing contract has a bid price of $9.00 a cubic yard for select granular fill will be used for the additional backfill material. The estimated quantity in the Bid Form for Bid Item 1.04U was 222 cubic yards and will likely need to be increased by an estimated 3,500 cubic yards to provide the necessary cover material. This estimated quantity increase at the Bid price of $9.00 a cubic yard will increase the project cost by $31,500. The Contactor will be paid on the actual measured quantity. Change in Contract Price: The Contract Price will be increased by the price of $31,500. Change in Contract Time: This change will not change the Contract Time. 4) Low and High Capacity Overflow Control Structures Description: CONTRACTOR provided materials, equipment, and labor necessary to complete proposed changes to Low and High Capacity Overflow Control Structures under Canadian Pacific Railway to meet requirements of Minnehaha Creek Watershed District. Reason for Change: Minnehaha Creek Watershed District required changes to the proposed high capacity overflow under the railroad tracks. Their rules would not allow for excess flooding of existing wetlands east of the railroad tracks and required that the volume of flows to those wetlands for a 100 year storm be reduced. This change eliminates the need to install three 36” R.C.P. flared end sections and three bull-nose trash racks as originally bid. Instead three 60” diameter high level overflow manholes are now to be installed with top trash racks set at the 100 year level along with a low level overflow inlet consisting of and 8 foot section of 18” R.C.P., an 18” to 24” RCP increaser, a 24” RCP flared end section, and 24” galvanized steel bull-nose trash rack. The Contractor has supplied an itemized price list to complete the Low and High Capacity Overflow Control Structure changes and the total price for this work and would change the contract bid an additional $22,290.This price reflects a $30,370 contractor-supplied price for the revised structures and a contract reduction of $7,680 for the three 36” RCP flared end sections and respective trash racks. Change in Contract Price: The Contract Price will be increased by the price of $22,690. Change in Contract Time: This change will not change the Contract Time. Meeting of December 3, 2007 – Item No. 4h Page 6 Subject: Change Order No. 2 to Contract 60-07 -Dakota Park – Project 2003-1300 CHANGE IN CONTRACT PRICE: Contract Price prior to Change Order 1 and Change Order 2: $ 817,414.75 Estimated Net increase of Change Order No. 1: $594,190 Estimated Net increase of this Change Order No. 2: $54,000 Estimated Final Contract Price with all approved Change Orders: $1,465,605 (Pending Final Quantities) ___ RECOMMENDED: By: Steve Klein, Barr Engineering Company (Engineer) Date: ACCEPTED: By: Garrett Jedlicki, President, G.F. Jedlicki, Inc. (Contractor) Date: APPROVED: By: City of St. Louis Park (Owner) Date: Meeting Date: December 3, 2007 Agenda Item #: 4i Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Amend Consultant Contract 148-06 Dakota Park Flood Improvement Project - Project 2003- 1300. RECOMMENDED ACTION: Motion to approve Amendment No. 1 to Contract 148-06, providing additional engineering services for Dakota Park Flood Improvement Project - Project 2003-1300. POLICY CONSIDERATION: Not Applicable. BACKGROUND: The City Council approved a contract on December 18, 2006 with Barr Engineering in the amount of $210,000 for design and construction engineering services for the Dakota Park Flood Improvement Project. Plans were completed, and a construction contract in the amount of $817,414.75 was subsequently awarded by the City Council to G.F. Jedlicki on May 7, 2007. Essentially, the project consists of the excavation of detention basins in Dakota Park, the reconstruction of W. 27th Street from Dakota Avenue So. to Brunswick Avenue So., and the installation of three (3) large diameter storm drain pipes under the CP Rail tracks on the east side of Dakota Park. The contractor is nearing substantial completion of the project. On November 5, 2007, the City Council approved Change Order No. 1 to the contract of G.F. Jedlicki as a result of a changed scope of work due to the discovery of contaminated soils. The changed scope of work has significantly increased the amount of time and effort required of Barr Engineering. Changed Scope of Work As previously noted, much of the area now existing as Dakota Park was originally a low area of peat and wet conditions. Decades ago, the area was gradually filled with material that included construction debris reportedly from the City of Minneapolis. This debris includes concrete, asphalt pavement, and other miscellaneous construction related debris. When the project was originally bid, soil investigations were coordinated by Barr Engineering. Although the presence of at least some fill material was known, the soil borings did not indicate that, from an environmental perspective, there would be any issues. However, when the Contractor began the excavation portion of the project, a different situation was discovered. As a result, the contractor’s scope and amount of work changed significantly, and the City Council approved Change Order No. 1 to G.F. Jedlicki’s contract on November 5, 2007. Depending upon final tabulation of quantities, the increase to Jedlicki’s contract as a result of Change Order No. 1 will likely exceed $500,000. Meeting of December 3, 2007 – Item No. 4i Page 2 Subject: Amend Contract 145-06 Dakota Park Flood Improvements - Project 2003-1300 Additional Professional Services As a result of the Change in Scope of construction as described above, a significant amount of work effort and hours have been required, and will continue to be required of Barr staff. The additional hours can generally be attributed to the following: 1. Conducting Phase I and Phase II Environmental Assessments, and Preparing a Remedial Action Plan (RAP) and RAP Implementation report upon completion, as required by the Minnesota Pollution Control Agency (MPCA). 2. Coordinating waste remediation issues with the MPCA, Contractor, and City, and supporting the City at subsequent neighborhood and project meetings. 3. Preparing cost estimates for the soil remediation work and manifests for the City, and coordination of a construction contract change order. 4. Coordinating material testing and hauling of material with the landfill disposal site. 5. Conducting full-time on-site observation, testing, and remediation verification and documentation services during excavation. 6. Addressing additional after the fact requirements of the Minnehaha Creek Watershed District in order to secure all permits as required. This has also resulted in additional work that will be required of the Contractor. 7. Additional project management and administrative activities as a result of the contract Change Order. As a result of this required additional work effort, Barr has requested that the fees for professional services for this project be increased from $210,000 to $299,000. Current Status and Project Schedule At this time, the Contractor has substantially completed all excavation. Some additional clean fill material remains to be hauled in and installed as bank lining as required by the MPCA. A drain tile system on the bottom of the detention area, replacement of topsoil, and seeding and mulching of the entire site area are expected to follow within the next week. Additional restoration, including tree replacement plantings will follow in the spring of 2008. The installation or “jacking” of the three 36-inch diameter pipes underneath the railroad tracks is progressing well and is expected to be completed within the next couple of weeks. FINANCIAL OR BUDGET CONSIDERATIONS: The Dakota Park Project is being funded from a combination of Stormwater Utility Fund General Obligation Revenue Bonds (50%) and State of Minnesota Flood Reimbursement Grant monies (50%). We expect the additional costs (both construction contract and professional services) to be covered by the same percentage. Initial contacts with the Department of Natural Resources and internally (Finance) indicate that there are sufficient funds to cover the costs. VISION CONSIDERATION: Not Applicable Attachment: Amendment No. 1 to Contract No. 148-06 Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 – Item No. 4i Page 3 Subject: Amend Contract 145-06 Dakota Park Flood Improvements - Project 2003-1300 CITY OF ST. LOUIS PARK AMENDMENT NO. 1 TO CONTRACT NO. 148-06 THIS AMENDMENT NO. 1 to Contract No. 148-06 is made on December 3, 2007 between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as “CITY” and BARR ENGINEERING COMPANY, hereinafter referred to as “Barr”. BACKGROUND. On December 18, 2006, City and Barr entered into Contract No. 148-06 for professional services for Dakota Park Flood Improvements, Project No. 2003-1300. Since that time, changes discovered in the site conditions and subsequent additional construction related requirements have resulted in additional services required and necessary to complete the project. This includes significant additional hours required for environmental reporting and compliance, testing, construction observation, field surveys, and construction coordination. NOW, THEREFORE, in consideration of the above facts and mutual covenants herein contained, it is hereby agreed that Contract No. 148-06 is amended as follows: 1. The scope of work shall be amended to include the additional work as described above. 2. All services to be performed under Contract No. 148-06 shall be completed by June 1, 2008. 3. The total compensation to Barr for all services rendered pursuant to Contract No. 148-06, as amended, is increased by $89,000, with a not to exceed total contract cost of $299,000. IT IS FURTHER AGREED that all other provisions of Contract No. 148-06 shall remain unchanged and fully effective, and this Amendment shall become an integral part thereof. EXECUTED as to the day and year first above written. BARR ENGINEERING COMPANY CITY OF ST. LOUIS PARK By:________________________________ By:________________________________ Jeff Jacobs, Mayor Title:_______________________________ and________________________________ Thomas Harmening, City Manager Meeting Date: December 3, 2007 Agenda Item #: 4j Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Approve special assessment for water service line repair at 3433 Rhode Island Avenue South. RECOMMENDED ACTION: Motion to adopt resolution establishing a special assessment for the repair of the water service line at 3433 Rhode Island Avenue South. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Ken and Joanne Evers, owners of the single family residence at 3433 Rhode Island Avenue South 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 $3,039.21. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: N/A Attachments: Resolution Prepared by: Scott Merkley, Public Works Coordinator Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved by: Tom Harmening, City Manager Meeting of December 3, 2007 – Item No. 4j Page 2 Subject: Special Assessment 3433 Rhode Island RESOLUTION NO. 07-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 3433 RHODE ISLAND AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owners at 3433 Rhode Island Avenue South 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 3433 Rhode Island Avenue South; 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 $3,039.21. 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 December 3, 2007 City Manager Mayor Attest: City Clerk Meeting Date: December 3, 2007 Agenda Item #: 4k Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Vendor Claims RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period November 17 through November 30, 2007. POLICY CONSIDERATION: Not applicable. BACKGROUND: The Finance Department prepares this report on a monthly basis for council’s review. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. Attachments: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 1Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 150.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPS10,000 LAKES CHAPTER 150.00 95.42SPLASH PAD MAINT - Oak Hill Pk GENERAL SUPPLIES163 ROBERTS-HAMILTON 95.42 133.13SPECIAL PROGRAMS OTHER CONTRACTUAL SERVICESAARCEE PARTY AND TENT RENTAL 133.13 4,871.02FINANCE G & A GENERAL PROFESSIONAL SERVICESACCOUNTEMPS 417.19WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 417.19SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 417.18SOLID WASTE BUDGET OTHER CONTRACTUAL SERVICES 417.19STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 6,539.77 871.00HUMAN RESOURCES RECRUITMENTAD STRATEGIES 871.00 20.00HUMAN RIGHTS SEMINARS/CONFERENCES/PRESENTATADULT ENRICHMENT 20.00 34,960.002005A GO CAPITAL PROJECT G&A BUILDING MTCE SERVICEALL CITY ELEVATOR INC 34,960.00 298.18SOCCERGENERAL SUPPLIESALL STAR SPORTS 298.18 135.88PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 105.44PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 94.60ENTERPRISE G & A GENERAL SUPPLIES 137.22VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 90.82WATER UTILITY G&A OPERATIONAL SUPPLIES 90.81SEWER UTILITY G&A OPERATIONAL SUPPLIES 654.77 1,141.14PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 664.26POLICE G & A OFFICE SUPPLIES 1,805.40 292.20OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS 292.20 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 2 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 2Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 400.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSASSOCIATION OF MINNESOTA BUILD 400.00 87.93NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESBAD ATTITUDE PRODUCTIONS 87.93 3,538.00ENGINEERING G & A ENGINEERING SERVICESBARR ENGINEERING CO 3,538.00 216.65GENERAL REPAIR EQUIPMENT MTCE SERVICEBOYER TRUCKS LAUDERDALE 216.65 133.50CE MATERIALS TESTING IMPROVEMENTS OTHER THAN BUILDIBRAUN INTERTEC CORPORATION 133.50 11,964.26WATER UTILITY G&A GENERAL CUSTOMERSBROOKSIDE LOFT ASSN 11,964.26 1,595.37SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESBROWN TRAFFIC PRODUCTS 1,595.37 50.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESBUCHMANN, KARLA 50.00 300.00GOOSE MANAGEMENT LANDSCAPING MATERIALSCANADA GOOSE PROJECT 300.00 413.25OPERATIONSOPERATIONAL SUPPLIESCARDIAC SCIENCE INC 413.25 2,579.46DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 2,579.46 11,065.35DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC 11,065.35 3,260.21DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 23,168.00CITYWIDE SF INSPECT REHAB PRGM LOAN RECEIVABLE - LONG TERM 28,276.15CITYWIDE SF INSPECT REHAB PRGM GRANTS - STATE 6,131.15CITYWIDE SF INSPECT REHAB PRGM OTHER CONTRACTUAL SERVICES 60,835.51 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 3 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 3Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 6,240.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 6,240.00 115.87WATER UTILITY G&A GENERAL CUSTOMERSCHARNEY, R 115.87 59.37WATER UTILITY G&A OPERATIONAL SUPPLIESCINTAS FIRST AID & SAFETY 59.37 46.77ADMINISTRATION G & A MEETING EXPENSECITIZENS INDEPENDENT BANK 224.61HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 403.75HUMAN RESOURCES RECOGNITION 36.23HUMAN RESOURCES CITE 514.03HUMAN RESOURCES TRAINING 24.95HUMAN RESOURCES MEETING EXPENSE 19.95NETWORK SUPPORT SERVICES GENERAL SUPPLIES 454.39NETWORK SUPPORT SERVICES OFFICE EQUIPMENT 150.00GENERAL INFORMATION GENERAL PROFESSIONAL SERVICES 75.00POLICE G & A SUBSISTENCE SERVICE 27.83-POLICE G & A TRAINING 160.48NEIGHBORHOOD OUTREACH TRAINING 110.78NEIGHBORHOOD OUTREACH MEETING EXPENSE 108.52SUPERVISORYTRAINING 3,189.15SUPERVISORYTRAVEL/MEETINGS 75.00E-911 PROGRAM OPERATIONAL SUPPLIES 174.49OPERATIONSGENERAL SUPPLIES 1,284.25OPERATIONSTRAINING 18.87OPERATIONSBANK CHARGES/CREDIT CD FEES 277.53FIRE PREVENTION FIRE PREVENTION SUPPLIES 54.48CHILD SEAT PROGRAM FIRE DEPT SERVICES 59.71ENGINEERING G & A TRAINING 50.26ORGANIZED REC G & A GENERAL SUPPLIES 45.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPS 673.80ORGANIZED REC G & A TRAINING 500.00-ORGANIZED REC G & A SEMINARS/CONFERENCES/PRESENTAT 43.99ORGANIZED REC G & A MEETING EXPENSE 72.00KICKBALLGENERAL SUPPLIES 52.45ADULT SOFTBALL GENERAL SUPPLIES 67.79SPECIAL EVENTS GENERAL SUPPLIES 74.75HOLIDAY PROGRAMS GENERAL SUPPLIES Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 4 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 4Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 7.38PERFORMING ARTS GENERAL SUPPLIES 37.60WESTWOOD G & A GENERAL SUPPLIES 559.31WESTWOOD G & A TRAINING 24.46HALLOWEEN PARTY OFFICE SUPPLIES 883.20HALLOWEEN PARTY GENERAL SUPPLIES 22.07BUILDING MAINTENANCE GENERAL SUPPLIES 8.95INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIES 24.99NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICES 359.38WIRELESS G & A GENERAL SUPPLIES 9,942.49 14,298.88ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 14,298.88 11,121.00ESCROWSColonial TerraceCOLONIAL TERRACE APTS 11,121.00 7,249.93WIRELESS G & A OTHER CONTRACTUAL SERVICESCOLUMBIA TELECOMMUNICATIONS CO 7,249.93 149.95NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST 149.95 6,375.13GENERAL FUND BALANCE SHEET PREPAID EXPENSESCORNERHOUSE 6,375.13 48.67REILLY BUDGET MEETING EXPENSECRUMLEY'S 48.67 261.38WATER UTILITY G&A OFFICE SUPPLIESDAY-TIMERS INC 261.38 762.55POLICE G & A RENTAL EQUIPMENTDELAGE LANDEN FINANCIAL SERVIC 762.55 618.00GENERAL REPAIR EQUIPMENT MTCE SERVICEDIESEL COMPONENTS 618.00 6,655.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 6,655.00 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 5 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 5Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 1,710.08GENERAL FUND BALANCE SHEET PREPAID EXPENSESDLT SOLUTIONS INC 1,710.08 913.54POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 913.54 601.54SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 601.54 2,115.00ESCROWSEHLERS & ASSOCIATES INC 2,115.00 80.60GENERAL REPAIR EQUIPMENT PARTSEMERGENCY APPARATUS MTNCE 80.60 2,236.50TREE DISEASE PRIVATE SUBSISTENCE SERVICEEMERY'S TREE SERVICE INC 2,236.50 143.75PREVENTATIVE MAINTENANCE EQUIPMENT PARTSENVIRONMENTAL EQUIPMENT & SERV 2,197.69GENERAL REPAIR EQUIPMENT PARTS 2,341.44 77.00POLICE G & A OPERATIONAL SUPPLIESEVIDENT CRIME SCENE PRODUCTS 23.00POLICE G & A POSTAGE 100.00 47.00YOUTH PROGRAMS PROGRAM REVENUEFAVOUR, JOSEPH 47.00 55.00OPERATIONSOPERATIONAL SUPPLIESFIRE SAFETY USA INC 55.00 134.42VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICEFIRST STATE TIRE RECYCLING 134.42 200.00HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEFLANNIGAN, JANE 200.00 523.46SEWER UTILITY G&A OTHERFLEXIBLE PIPE TOOL 523.46 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 6 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 6Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 202.71GENERAL REPAIR EQUIPMENT PARTSFORCE AMERICA INC 202.71 105.92PREVENTATIVE MAINTENANCE GENERAL SUPPLIESFORKLIFTS OF MN INC. 13.16PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 162.10GENERAL REPAIR EQUIPMENT PARTS 281.18 171.69COMM DEV PLANNING G & A MILEAGE-PERSONAL CARFULTON, ADAM 171.69 69.23GENERAL REPAIR EQUIPMENT PARTSGARELICK STEEL CO 69.23 2,018.74ARENA MAINTENANCE BUILDING MTCE SERVICEGARTNER REFRIG & MFG INC 2,018.74 898.01WATER UTILITY G&A EQUIPMENT MTCE SERVICEGENERAL REPAIR SERVICE 898.01 1,480.45LOCATESOTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 1,480.45 16.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSGOVERNING 16.00 290.36PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGRAINGER INC, WW 5.37VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 295.73 2,355.72SYSTEM REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 2,355.72 38.33WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 38.33 5,538.00TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEGROVES TREE EXPERTS, KC 5,538.00 12.00WINTERPROGRAM REVENUEGRUYE, LAURA 12.00 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 7 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 7Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 2,655.05TREE DISEASE PRIVATE SUBSISTENCE SERVICEHAINES TREE SERVICE, B J 13,763.53TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE 16,418.58 2,769.00DESKTOP SUPPORT/SERVICES GENERAL PROFESSIONAL SERVICESHALF TECHNOLOGY INC, ROBERT 2,769.00 287.67WATER UTILITY G&A SMALL TOOLSHD SUPPLY WATERWORKS LTD 740.19STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,027.86 1,844.35POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFFS ACCTG 1,844.35 215.00REPAIRSOTHER IMPROVEMENT SERVICEHENNEPIN COUNTY TREASURER 215.00 1,250.00OPERATIONSGENERAL PROFESSIONAL SERVICESHENNEPIN FACULTY ASSOCIATES 1,250.00 401.25TREE INJECTION PRIVATE TREE INJECTIONSHOLTER, JILLAYNE 401.25 21.29SWEEPINGEQUIPMENT PARTSHOME DEPOT CREDIT SERVICES 59.32PARK MAINTENANCE G & A GENERAL SUPPLIES 271.00WATER UTILITY G&A EQUIPMENT PARTS 422.91WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 774.52 29.73COMMUNICATIONS/GV REIMBURSEABL OPERATIONAL SUPPLIESHOME DEPOT CREDIT SRVCS 4.95WW RENTAL HOUSE (1322)GENERAL SUPPLIES 34.68 110.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 110.00 600.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICESHRG TECHNOLOGY GROUP 600.00 1,780.00INSTALLATIONOTHER IMPROVEMENT SUPPLIESHUBBELL LIGHTING INC 1,780.00 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 8 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 8Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 74,407.18CONSTRUCTION MATERIAL IMPROVEMENTS OTHER THAN BUILDIHYDRO METERING TECHNOLOGY 74,407.18 187.78GENERAL REPAIR EQUIPMENT PARTSI-STATE TRUCK CENTER 779.41ACCIDENT REPAIR EQUIPMENT MTCE SERVICE 967.19 1,465.50EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,465.50 100.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSICC 100.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPS 200.00 375.00POLICE G & A RECRUITMENTIFP TEST SERVICES 375.00 2,532.00PRINTING/REPRO SERVICES EQUIPMENT MTCE SERVICEIKON OFFICE SOLUTIONS 2,532.00 53.12WATER UTILITY G&A OTHER IMPROVEMENT SERVICEINDELCO 53.12 378.08PARK GROUNDS MAINTENANCE LANDSCAPE IMPROVEMENTSINDEPENDENT BLACK DIRT CO 378.08 92,946.10CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIINSITUFORM TECHNOLOGIES USA IN 92,946.10 75.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSINTL ASSOC ARSON INVESTIGATORS 75.00 59.51ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN 59.51 210.00AQUATIC PARK G & A TRAININGISD #283 210.00 3,411.00ESCROWSBass Lake/EDI/UPKENNEDY & GRAVEN 924.00WOLFE LAKE LEGAL SERVICES 4,335.00 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 9 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 9Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 25.43-GENERAL REPAIR EQUIPMENT PARTSKOVATCH MOBILE EQUIPMENT CORP 422.92ACCIDENT REPAIR EQUIPMENT PARTS 397.49 160,017.49CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIKRAEMER & SONS INC, EDWARD 160,017.49 109.00BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICEKRUGE-AIR INC 109.00 85.00INSPECTIONS G & A TRAININGKUBE, CLARK 85.00 343.38WATER UTILITY G&A EQUIPMENT PARTSLARSCO INC 343.38 260.22RELAMPINGOTHER IMPROVEMENT SUPPLIESLARSON, JH CO 260.22 1,615.00TREE REPLACEMENT TREE REPLACEMENTLAUREL TREE FARMS 1,615.00 2,093.50EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,093.50 10.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATLEAGUE OF MN CITIES 1,125.00MONITORINGSUBSCRIPTIONS/MEMBERSHIPS 1,135.00 21.83ORGANIZED REC G & A MILEAGE-PERSONAL CARLEHMAN, JESSICA 21.83 213.60ADULT FITNESS PROGRAMS GENERAL SUPPLIESLIFEGUARD STORE, THE 213.60 36,664.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICESLOGIS 13,163.49NETWORK SUPPORT SERVICES COMPUTER SERVICES 49,827.49 5,000.00ESCROWSPMC ESCROWLUNDGREN & KENT PAULSON, ADAM 5,000.00 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 10 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 10Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 901.00BASKETBALLOTHER CONTRACTUAL SERVICESLYNCH CAMPS, INC 901.00 640.66PARK GROUNDS MAINTENANCE GENERAL SUPPLIESMAGNUSON SOD/HAAG SERVICES INC 640.66 122.50FITNESS CAMPS OTHER CONTRACTUAL SERVICESMALONE, TOM 122.50 147.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEMANAGED SERVICES INC 147.00 2,146.80ESCROWSMCCOMB GROUP LTD 2,146.80 97.13CRACK SEALING PROJECTS OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS 97.13 8.39PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESMENARDS 12.48WESTWOOD G & A GENERAL SUPPLIES 20.87 319.40WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESMETRO LEAK DETECTION INC 319.40 408.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS 408.00 191.95WATER UTILITY G&A OFFICE SUPPLIESMICRO CENTER 191.95 203.74PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 203.74 1,095.54CONCESSIONSCONCESSION SUPPLIESMIDWEST COCA-COLA BTLG 1,095.54 36,635.97VEHICLE MAINTENANCE G&A MOTOR FUELSMIDWEST FUELS INVER GROVE HEIG 36,635.97 2,100.96EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 2,100.96 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 11 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 11Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 80.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA CITY/COUNTY MANAGEME 80.00 21,552.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMINNESOTA DEPT HEALTH 21,552.00 25.00HOUSING REHAB G & A TRAININGMINNESOTA NAHRO 25.00 70.00OPERATIONSTRAININGMINNESOTA STATE FIRE MARSHAL 70.00 71.06PARK MAINTENANCE G & A GENERAL SUPPLIESMINNESOTA WANNER COMPANY 71.06 100.00BUILDING MAINTENANCE GENERAL SUPPLIESMN DEPT LABOR & INDUSTRY 20.00VEHICLE MAINTENANCE G&A LICENSES 120.00 3,763.00ACCIDENT REPAIR EQUIPMENT MTCE SERVICEMORRIE'S BODYWORKS 3,763.00 35.42GENERAL REPAIR EQUIPMENT PARTSMORRIE'S MINNETONKA FORD 35.42 1,270.50ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESMORRISON & ASSOCIATES INC 1,270.50 93.46IRRIGATION MAINTENANCE GENERAL SUPPLIESMTI DISTRIBUTING CO 849.79GENERAL REPAIR EQUIPMENT PARTS 943.25 146.25OPERATIONSEQUIPMENT PARTSMUNICIPAL EMERGENCY SRVCS INC 146.25 1,440.00SAMPLINGOTHER CONTRACTUAL SERVICESMVTL LABORATORIES 1,440.00 96.00SPECIAL PROGRAMS OTHER CONTRACTUAL SERVICESNANCY'S CRAFT CAPERS 96.00 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 12 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 12Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 120.09VEHICLE MAINTENANCE G&A GENERAL SUPPLIESNAPA (GENUINE PARTS CO) 541.38PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 58.32GENERAL REPAIR GENERAL SUPPLIES 150.02GENERAL REPAIR EQUIPMENT PARTS 109.64WATER UTILITY G&A EQUIPMENT PARTS 979.45 4,702.00SSD 1 G&A OTHER CONTRACTUAL SERVICESNATURAL REFLECTIONS VII LLC 4,946.00SSD 2 G&A OTHER CONTRACTUAL SERVICES 1,140.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 10,788.00 279.03PARK GROUNDS MAINTENANCE GENERAL SUPPLIESNEENAH FOUNDREY 279.03 77.41VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SUPPLYNEW PIG CORPORATION 77.41 70.46BLDG/GROUNDS OPS & MAINT CLEANING/WASTE REMOVAL SUPPLYNORTHERN SAFETY CO INC. 70.46 165.90ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE 165.90 299.94ADMINISTRATION G & A GENERAL SUPPLIESOFFICE DEPOT 497.11DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES 18.58ASSESSING G & A OFFICE SUPPLIES 109.03FINANCE G & A OFFICE SUPPLIES 56.52GENERAL INFORMATION OFFICE SUPPLIES 131.73POLICE G & A OFFICE SUPPLIES 70.67OPERATIONSOFFICE SUPPLIES 219.97INSPECTIONS G & A GENERAL SUPPLIES 422.81ORGANIZED REC G & A OFFICE SUPPLIES 13.41HOUSING REHAB G & A OFFICE SUPPLIES 1,839.77 5,587.40CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIOLYMPIC CONSTRUCTION SERVICES 5,587.40 468.21PORTABLE TOILETS OTHER CONTRACTUAL SERVICESON SITE SANITATION 468.21 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 13 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 13Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 1,440.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESPETERSON, BRENT 1,440.00 5.11WATER UTILITY G&A EQUIPMENT PARTSPETTY CASH 6.85WATER UTILITY G&A POSTAGE 11.96 16.40POSTAL SERVICES POSTAGEPETTY CASH - WWNC 8.59WESTWOOD G & A OFFICE SUPPLIES 80.50WESTWOOD G & A GENERAL SUPPLIES 19.40WESTWOOD G & A MILEAGE-PERSONAL CAR 19.20HALLOWEEN PARTY GENERAL SUPPLIES 144.09 185.00SUPERVISORYSUBSCRIPTIONS/MEMBERSHIPSPOLICE EXECUTIVE RESEARCH FORU 185.00 791.72GENERAL REPAIR TIRESPOMP'S TIRE SERVICE INC 791.72 523.40WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603 523.40SEWER UTILITY G&A POSTAGE 523.40SOLID WASTE COLLECTIONS POSTAGE 523.39STORM WATER UTILITY G&A POSTAGE 2,093.59 610.58PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICESPRAIRIE RESTORATIONS INC 610.58 1,025.00PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESPRECISION FIRE SPRINKLER INC 1,025.00 198.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 198.00 55.20NEIGHBORHOOD OUTREACH TELEPHONEQWEST 36.11E-911 PROGRAM TELEPHONE 91.31 11.46GENERAL REPAIR EQUIPMENT PARTSRADIO SHACK CORP 11.46 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 14 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 14Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 88.43HALLOWEEN PARTY GENERAL SUPPLIESRANDALL, SANDI 88.43 100.91WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING 100.91SEWER UTILITY G&A POSTAGE 100.91SOLID WASTE COLLECTIONS POSTAGE 100.91STORM WATER UTILITY G&A POSTAGE 403.64 88.22PARK MAINTENANCE G & A GENERAL SUPPLIESREYNOLDS WELDING SUPPLY CO 7.60OPERATIONSOPERATIONAL SUPPLIES 95.82 103.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPSROTARY CLUB OF SLP SUNRISE 103.00 27,500.00WIRELESS G & A INFRASTRUCTURERUCKUS WIRELESS 27,500.00 309.71ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESRYKHUS, KATHLEEN 309.71 598.14PARK GROUNDS MAINTENANCE LANDSCAPING MATERIALSSA-AG INC 598.14 1,015.40GENERAL REPAIR EQUIPMENT PARTSSCHARBER & SONS 1,015.40 605.77PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSCHOEBEN'S WINDOW CLEANING SER 703.89BUILDING MAINTENANCE BUILDING MTCE SERVICE 1,309.66 107.57GENERAL REPAIR EQUIPMENT PARTSSCHRADER'S LAW ENFORCEMENT SUP 107.57 92.00FOOTBALLOTHER CONTRACTUAL SERVICESSCHWANTZ, JASON 92.00 1,348.84PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH 2,129.89SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 277.20STORM WATER UTILITY BUDGET OTHER CONTRACTUAL SERVICES 3,755.93 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 15 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 15Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 120.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPSSENSIBLE LAND USE COALITION 80.00HOUSING REHAB G & A SUBSCRIPTIONS/MEMBERSHIPS 200.00 7,314.40UNINSURED LOSS G&A UNINSURED LOSSSHADESCAPES INC 7,314.40 1,645.43TREE DISEASE PRIVATE SUBSISTENCE SERVICESHADYWOOD TREE EXPERTS INC. 1,645.43 241.50ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH 241.50 1,279.59EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP ASSOC OF FIREFIGHTERS #993 1,279.59 9.40PARK MAINTENANCE G & A SMALL TOOLSSPS COMPANIES INC 9.40 4,071.82ESCROWSDuke Construction-Mps West TSSRF CONSULTING GROUP INC 10,926.42ACTIVE COMMUNITY PLANNING GENERAL PROFESSIONAL SERVICES 14,907.01PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 8,015.27PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 37,920.52 693.00HALLOWEEN PARTY GENERAL SUPPLIESST LOUIS PARK TRANSP INC 693.00 529.11ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 529.11 360.88DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTTECH DEPOT 360.88 139.71WESTWOOD G & A BUILDING MTCE SERVICETERMINIX INT 139.71 52.51HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSTHOMSON WEST 52.51 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 16 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 16Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 998.90ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 998.90 3,691.53TREE MAINTENANCE OTHER CONTRACTUAL SERVICESTRI STATE BOBCAT 3,691.53 7.60BUILDING MAINTENANCE GENERAL SUPPLIESTWIN CITY OXYGEN CO 90.29VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 97.89 235.88OPERATIONSOPERATIONAL SUPPLIESUNIFORMS UNLIMITED 235.88 12,575.00ESCROWSYUM - 3029 MinnetonkaUNITED PROPERTIES 12,575.00 100.00EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUNITED STATES TREASURY 100.00 256.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 256.00 324.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTATUNIVERSITY OF MINNESOTA REGIST 324.00 9,912.00WIRELESS G & A OTHER CONTRACTUAL SERVICESUNPLUGGED CITIES LLC 9,912.00 16.00VEHICLE MAINTENANCE G&A POSTAGEUPS STORE 16.00 799.54OPERATIONSTELEPHONEUSA MOBILITY WIRELESS INC 799.54 303.00HUMAN RESOURCES RECOGNITIONVAIL, LORI 303.00 60.03DESKTOP SUPPORT/SERVICES TELEPHONEVERIZON WIRELESS 60.03 652.72WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR 652.72 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 17 11/28/2007CITY OF ST LOUIS PARK 15:03:03R55CKSUM LOG23000VO 17Page -Council Check Summary 11/30/2007 -11/17/2007 Vendor AmountBusiness Unit Object 1,476.24SEWER UTILITY G&A BLDG/STRUCTURE SUPPLIESWEBER ELECTRIC 1,234.00SEWER UTILITY G&A BUILDING MTCE SERVICE 2,710.24 54.66HUMAN RESOURCES MILEAGE-PERSONAL CARWEGNER-KOENSE, TRICIA 54.66 429.35HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEWESTWOOD HILLS NEIGHBORHOOD AS 429.35 190.11COMMUNICATIONS/GV REIMBURSEABL TRAININGWILLENBRING, ANDY 190.11 15.00ORGANIZED REC G & A SEMINARS/CONFERENCES/PRESENTATWILS 15.00 598.91EMPLOYEE FLEXIBLE SPENDING B/S STATE WITHHOLDINGWISCONSIN DEPT OF REVENUE 598.91 20.22OPERATIONSELECTRIC SERVICEXCEL ENERGY 23,718.52PUBLIC WORKS OPS G & A ELECTRIC SERVICE 3,663.07PARK MAINTENANCE G & A ELECTRIC SERVICE 15.46BRICK HOUSE (1324)ELECTRIC SERVICE 52.89WW RENTAL HOUSE (1322)ELECTRIC SERVICE 336.17WESTWOOD G & A ELECTRIC SERVICE 1,452.19OPERATIONSELECTRIC SERVICE 2,824.82OPERATIONSELECTRIC SERVICE 2,184.72OPERATIONSELECTRIC SERVICE 34,268.06 33.44PREVENTATIVE MAINTENANCE EQUIPMENT PARTSZIEGLER INC 33.44 Report Totals 909,271.61 Meeting of December 3, 2007 (Item 4k) Subject: Vendor Claims Page 18 Meeting Date: December 3, 2007 Agenda Item #: 5a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Boards and Commissions EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Appointment of Citizen Representatives to Boards and Commissions. RECOMMENDED ACTION: Motion to appoint citizen representative Renee Fitzgerald to the Housing Authority, effective January 1, 2008 with a term expiration of June 30, 2008, filling a vacated position. Motion to appoint citizen representative Mary Feldman to the Human Rights Commission, effective upon approval of this motion, with a term expiration of December 31, 2008, filling a vacated position. POLICY CONSIDERATION: Not Applicable. BACKGROUND: The City Council interviewed Renee Fitzgerald for the upcoming vacancy on the Housing Authority on November 19, 2007. Ms. Fitzgerald was interviewed to fill the commission position being vacated on December 31, 2007 for the period January 1, 2008 through June 30, 2008. The City Council also interviewed Mary Feldman for the vacancy on the Human Rights Commission on November 19, 2007. Ms. Feldman was interviewed to fill an open, vacated commission position to be filled effective upon approval of the motion of City Council, with a term expiration of December 31, 2008. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Appointment of St. Louis Park citizen representatives to the Housing Authority and Human Rights Commission of the City of St. Louis Park assists St. Louis Park in continuing to be a connected and engaged community. Attachments: None. Prepared by: Lisa Songle, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting Date: December 3, 2007 Agenda Item #: 6a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Truth-in-Taxation Public Hearing on the 2008 Budget and Property Tax Levy. RECOMMENDED ACTION: Mayor to close the public hearing. There is no action required at this meeting. The meeting is intended to provide information to the public about the budget and property tax levy as well as to receive comments and input from the public. Staff will give a presentation of the overall 2007 General Fund Budget and Property Tax Levy and provide other general information related to property taxes. POLICY CONSIDERATION: The City is required to annually hold a Truth-in-Taxation public hearing to take public input on the budget and property tax levy for the next fiscal year. The City Council must wait at least five business days following the public hearing before adopting the budget and tax levy. BACKGROUND: On September 4, 2007 the City Council approved the preliminary 2008 budget, property tax levy, and HRA levy. The City proposed to increase the property tax levy by 6% and levy the maximum percentage amount authorized (.0144 % of taxable market value) for HRA purposes. Council has reviewed and discussed both the 2008 Proposed Budget and the 2008 – 2012 Capital Improvement Program (CIP). The general property tax levy is now recommended to be 5.86% based on discussion with the Council, City Manager, and department directors. Formal adoption of the 2008 budget, property tax levy, CIP and HRA levy is scheduled for December 17, 2007. FINANCIAL OR BUDGET CONSIDERATION: The City of St. Louis Park’s property tax levy helps support the operations of the General Fund, Park and Recreation Fund, the Park Improvement Fund, the Pavement Management Fund, and covers the debt service on General Obligation bonds. The progression of the proposed property tax levy allocation is shown in the chart below. 2007 2008 2008 After % Incr TAX LEVIES Levy Preliminary Levy Discussion Over ‘07 General Fund/Park & Recreation $ 16,711,202 $ 17,884,382 $17,857,376 Park Improvement 1,010,000 1,010,000 1,010,000 Pavement Management 415,000 415,000 415,000 Debt Service 1,341,800 1,337,300 1,337,300 TOTAL TAX LEVIES $ 19,478,002 $ 20,646,682 $20,619,676 5.86% Meeting of December 3, 2007 (Item 6a) Page 2 Subject: 2008 Truth-in-Taxation Public Hearing The changes made during the last several months were budget adjustments based on changed assumptions for both revenue and expenditures. We have added revenues to recognize the most likely actual income the city will receive. We have made expenditure changes that both add and subtract in several line items to reflect the actual cost of services and to account for one-time expenditures of a more general community marketing and development nature. Budget Changes for 2008 Since September Revenues: • License Fee increase (46,000 – 24,000 estimated) 22,000 • Fire Grant – Turnout Gear 32,000 • Charges for Services – HA acct contract 50,000 • Golden Valley Dispatch Reimbursement (12,885) Net Revenue Increase 91,115 Expenditure Changes: • Election Expenditures (20,000) • Move Marketing & Branding to Development Fund (33,000) • Fire – Paid-on-Call Workers Compensation 45,000 • Partial Elimination of Police & Fire Dispatch Transfer 50,000 Net Expenditure Additions 42,000 Net Total Budget Adjustment 49,115 Our levy increase dropped down to 5.6% for the total budget prior to implementing the partial elimination of the Police & Fire Pension fund transfer noted above. The current budget practice of using a $384,000 annual transfer to fund the dispatch operations was implemented when our Local Government Aid (LGA) was eliminated in 2003. This practice is not sustainable over the long term, so it makes sense to begin eliminating it slowly as the opportunity arises. We are still reducing the tax levy below the initial certified levy and making progress towards a more stable revenue stream. The effect of this proposed budget and tax levy is a property tax increase of 2.3% for the average residential property in the city. This assumes a value from $200,000-$500,000 with a market value increase of 2% from 2006 to 2007. This costs about $2 per month for the average home. There have been a significant number of calls to the Finance and Assessing staff this year regarding the Truth-in-Taxation notices. The concerns are primarily that people have noticed an increase in taxable market value on their homes. These concerns may generate more interest in the public hearing than in previous years. There are still a significant number – about 13% – of our residential properties that are experiencing the effects of the limited market value phase-out. In 1999, when home prices were increasing at double digit rates for several years, the legislature decided to limit the increase in taxable market value to 15% per year as a method of property tax relief. These parcels were paying lower taxes than they would have during this time. Now that value increases are much lower (in fact dropping in some cases) these properties are still seeing an increase in taxable value to catch up to their market value. Because the TNT notices only show taxable value without the actual market value, it has led to significant confusion. The property owners who have a limited market value have not been paying taxes on the full fair market value. This year they are still seeing an up to 15% catch-up on their taxable value which confuses them because of the well publicized cooling of the housing market. Meeting of December 3, 2007 (Item 6a) Page 3 Subject: 2008 Truth-in-Taxation Public Hearing The other reason for increasing market value is the lag between setting values for tax purposes and actually having the value show up on the tax statement. The values used for 2008 taxes were set as of January 2, 2007 by our City Assessor based on sales transactions from November, 2005 through October, 2006. This was while the market was still appreciating and does not reflect the reality that we have faced in 2007. Staff will be using a PowerPoint presentation to illustrate the budget process, discussion results, and net effect on property owners at the public hearing. VISION CONSIDERATION: Vision considerations have been made with budget allocations primarily coming from the Development Fund. Attachments: Summary of Revenues and Expenditures Homestead Property Tax Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager City of St. Louis Park General Fund and Park & Rec Summary of Revenues and Expenditures Department, Division 2007 2008 New Program 2008 and Activity Adopted Baseline Requested Requested % change General Government: Administration/Legislative 982,931 1,030,329 4.8% 4,000 1,034,329 5.2% Communications & Marketing 218,751 274,864 25.7% 12,918 287,782 31.6% Community Outreach 116,397 83,983 -27.8%- 83,983 -27.8% Human Resources 568,372 629,673 10.8%- 629,673 10.8% Information Resources 1,490,176 1,457,339 -2.2% 3,500 1,460,839 -2.0% Finance 1,053,482 1,123,214 6.6%- 1,123,214 6.6% Community Development 1,024,954 1,075,897 5.0% 5,000 1,080,897 5.5% Facilities Maintenance 1,164,367 1,187,925 2.0%0 1,187,925 2.0% Total General Government 6,619,431 6,863,224 3.7% 25,418 6,888,642 4.1% Public Safety: Police 6,676,605 6,922,114 3.7% 5,000 6,927,114 3.8% Fire Protection 2,756,522 3,029,120 9.9%- 3,029,120 9.9% Inspectional Services 1,793,306 1,844,261 2.8% 8,612 1,852,873 3.3% Total Public Safety 11,226,433 11,795,495 5.1% 13,612 11,809,107 5.2% Public Works: Public Works Administration 799,587 824,083 3.1% 8,500 832,583 4.1% Engineering 745,302 785,182 5.4%- 785,182 5.4% Operations 2,295,663 2,412,414 5.1%0 2,412,414 5.1% Total Public Works 3,840,552 4,021,679 4.7% 8,500 4,030,179 4.9% Park & Recreation: Organized Recreation 1,223,354 1,250,699 2.2%- 1,250,699 2.2% Recreation Center 1,319,600 1,358,382 2.9%- 1,358,382 2.9% Park Maintenance 1,333,382 1,372,518 2.9% 5,000 1,377,518 3.3% Westwood 452,085 466,677 3.2%- 466,677 3.2% Environment 276,598 288,982 4.5%- 288,982 4.5% Vehicle Maintenance 1,003,119 1,033,271 3.0%- 1,033,271 3.0% Total Park & Recreation 5,608,137 5,770,530 2.9% 5,000 5,775,530 3.0% Non-Departmental: Allowance for Uncollectible Taxes 180,000 180,000 0.0%180,000 0.0% Total Non-Departmental 180,000 180,000 0.0%- 180,000 0.0% Total General & Park Funds 27,474,553$ 28,630,927$ 4.2% 52,530$ 28,683,457$ 4.4% Meeting of December 3, 2007 (Item 6a) Subject: 2008 Truth-In-Taxation Public Hearing Page 4 City of St. Louis Park General Fund and Park & Rec Summary of Revenues and Expenditures 2008 2008 2008 Adopted Baseline Total w/ New Total Budget AVAILABLE RESOURCES Budget Budget Requests w/ Adjustments Revenues: General Property Taxes 16,711,202$ 16,711,202$ 16,711,202$ 16,711,202$ Licenses and Permits 2,636,500 2,667,000 2,667,000 2,712,715 Intergovernmental 1,685,206 1,765,767 1,765,767 1,765,767 Charges for Services 2,123,049 2,143,145 2,143,145 2,143,145 Fines, Forfeits, and Penalties 309,600 311,000 311,000 311,000 Investment Earnings 309,099 326,600 326,600 326,600 Miscellaneous Revenue 945,061 936,161 936,161 936,161 Transfers In 2,754,836 2,630,694 2,630,694 2,630,694 Total Revenues 27,474,553$ 27,491,568$ 27,491,568$ 27,537,283$ Appropriations 27,474,553$ 28,630,927$ 28,683,457$ 28,683,457$ Net Tax Levy Increase 0 (1,139,359) (1,191,889) (1,146,174) Total Appropriations 27,474,553$ 28,630,927$ 28,683,457$ 28,683,457$ 4.40% Less All Revenues except Property Tax (10,763,351) (10,780,366) (10,780,366) (10,826,081) 0.58% Property Tax to Balance Budget 16,711,202$ 17,850,561$ 17,903,091$ 17,857,376$ Other Tax Levies: Park Improvement 1,010,000$ 1,010,000$ 1,010,000$ 1,010,000$ Pavement Management 415,000$ 415,000$ 415,000$ 415,000$ Debt Service 1,341,800$ 1,337,300$ 1,337,300$ 1,337,300$ Total Other Tax Levies:2,766,800$ 2,762,300$ 2,762,300$ 2,762,300$ Total Tax Levy 19,478,002$ 20,612,861$ 20,665,391$ 20,619,676$ 5.86% 2007 Meeting of December 3, 2007 (Item 6a) Subject: 2008 Truth-In-Taxation Public Hearing Page 5 34.737 34.784 Market ValueProperty Value Tax Capacity Tax Capacity Rate Homestead Credit Estimated City Tax DollarPercent2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 IncrIncr200,000 204,0002,000 2,040 694.74 709.59 (65.19) (63.97) 629.55 645.6316.07 2.3%227,562 232,1132,276 2,321 790.48 807.38 (56.78) (55.39) 733.70 751.9918.29 2.3%250,000 255,0002,500 2,550 868.43 886.99 (49.94) (48.41) 818.49 838.5820.09 2.3%300,000 306,0003,000 3,060 1,042.11 1,064.39 (34.69) (32.86) 1,007.42 1,031.5324.11 2.3%350,000 357,0003,500 3,570 1,215.80 1,241.79 (19.45) (17.31) 1,196.35 1,224.4828.13 2.3%400,000 408,0004,000 4,080 1,389.48 1,419.19 (4.20) (1.76) 1,385.28 1,417.4332.15 2.3%500,000 510,0005,000 5,125 1,736.85 1,782.68 - - 1,736.85 1,782.6845.83 2.6%600,000 612,0006,250 6,400 2,171.06 2,226.18 - - 2,171.06 2,226.1855.11 2.5%700,000 714,0007,500 7,675 2,605.28 2,669.67 - - 2,605.28 2,669.6764.40 2.5%Assumptions: Median assessed market value of record increased by 2% and does not include Limited Market Value impact. 2007 tax capacity rate based on published Hennepin County information. 2008 tax capacity rate based on Hennepin County estimate. Tax capacity rates increase from 1% to 1.25% for values over $500,000.HOMESTEAD PROPERTY TAXES -- City of St. Louis Park Portion at 5.86% Levy Increase Assumed 2% Market Value IncreaseMeeting of December 3, 2007 (Item 6a) Subject: 2008 Truth-In-Taxation Public HearingPage 6