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HomeMy WebLinkAbout2006/01/17 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 17, 2006 7:30 PM 7:20 p.m. (Economic Development Authority Meeting) 7:30 p.m. City Council Meeting 1. Call to Order 1a. Pledge of Allegiance 2b. Roll Call 2. Presentations 2a. Annual Human Rights Award 3. Approval of Minutes 3a. Study Session Minutes of December 12, 2005 3b. City Council Minutes of January 3, 2006 Action: Corrections/amendments to minutes - Minutes 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. Action: Motion to approve the agenda as presented and to approve items listed 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 Recommended Action: Motion to appoint one citizen representative to the Police Advisory Commission and one citizen representative to the Planning Commission to fill vacancies for the remainder of a 3 year term expiring December 31, 2006 6. Public Hearings 6a. Public Hearing to consider an intoxicating on-sale and Sunday sale liquor license for Steak and Ale of Minnesota. Inc, DBA Bennigans Request of Council to approve a liquor license for Steak and Ale of Minnesota, Inc. operating at Bennigans restaurant, 6475 Wayzata Boulevard in St. Louis Park. Recommended Action: Mayor to close public hearing. Motion to approve an intoxicating on-sale and Sunday sale liquor license for Steak and Ale of Minnesota, Inc., DBA Bennigans, 6475 Wayzata Blvd. 6b. Public Hearing to consider granting an off-sale liquor license to Woody Vines Enterprises LLC, DBA Vino 100, 5601 Wayzata Boulevard, St. Louis Park, MN Recommended Action: Mayor to close the public hearing. Motion to approve an off-sale intoxicating liquor license. 6c. Public Hearing on the Mn/DOT Trunk Highway 100 Temporary Lane Addition Project: State Project 2734-43 This Public Hearing is to provide an opportunity for the Minnesota Department of Transportation (Mn/DOT) to present the final layout for this proposed project Recommended Action: Mayor to close the Public Hearing 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Bid Tabulation: Pilot Meshed Wireless Broadband Network. Recommended Action Motion to authorize execution of a contract with Ingenious Network Solutions, Inc. (d.b.a. First Mile Wireless, Inc.) for the purchase of a pilot meshed wireless broadband network in an amount not to exceed $133,171.00, contingent upon execution of a pilot partnership agreement to deliver broadband access and public safety and service applications over a meshed wireless broadband network (see this related item later in agenda). 8b. Partnership to Deliver Broadband Access and Public Safety and Service Applications Over a Meshed Wireless Network Recommended Action: Motion to authorize staff to negotiate and execute an agreement with Unplugged Cities for the provision of services related to a pilot partnership agreement to deliver broadband access and public safety and service applications over a meshed wireless broadband network, and to pursue negotiations with another organization that submitted an attractive response to the RFP in the event that a mutually agreeable contract cannot be reached with Unplugged Cities. 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 January 17, 2006 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 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 Resolution recognizing the Contributions of And Expressing Appreciation to Officer Mark Muckelberg 4b. Motion to approve a Resolution approving the Fifth Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001; and the Subordination Agreement between U.S. Bank National Association, the City of St. Louis Park, the St. Louis Park Economic Development Authority, and Excelsior & Grand III LLC relative to Phase NW of the Excelsior and Grand redevelopment project. 4c. Motion to approve Resolution authorizing lawful gambling premises permit license for VFW Post 5632 operating at the Frank Lundberg American Legion Post 282, 5605 West 36th Street. 4d. Motion to approve Resolutions to reconvey tax forfeit property at 2005 Louisiana Ave S and 2715 Monterey Ave S. to the City of St. Louis Park. 4e. Moved to Agenda Item 8a - Bid Tab Meshed Wireless Broadband Network 4f. Motion to approve Resolution Accepting Work from Frattalone Paving Inc. for Reconstruction of Cedar Knoll Park/Carlson Field Parking Lot City Project No. 20050050 Contract No. 120-05 4g. Motion to accept Parks And Recreation Advisory Commission Minutes of September 14, 2005 for filing 4h. Motion to accept Parks And Recreation Advisory Commission Minutes of October 26, 2005 for filing 4i. Motion to accept Housing Authority Minutes of October 9, 2005 for filing 4j. Motion to accept vendor claims for filing (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING ***January 17, 2006*** Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park Council Meeting Item: 011706 - 2a - Human Rights Award Presentation Page 1 2a. Presentation of the City’s Annual Human Rights Award. Background: Each year, the St. Louis Park Human Rights Commission coordinates an award to honor individuals that contribute to increasing understanding and cooperation between people of different backgrounds. Award recipients are recognized as leaders who support our vision of creating a community in which diversity is a natural part of everyday life. Nominations are made by community members and the winners are selected by the Human Rights Commission. The current Human Rights Commissioners are: Matthew Armbrecht, Karmit Bulman, Mike Cohn, Ahmed Maaraba, Kristi Rudelius-Palmer and Shelley Taylor. 2005 Award Recipients: John Anderson - 2005 John Anderson is an active community member committed to increasing civic involvement in our city. During the summer and fall of 2005, John volunteered for a candidate campaigning for city council. His efforts required an extra level of advocacy as he promoted a candidate with physical disabilities. Welcoming participation by a diversity of city residents is a valued part of our city vision. John Anderson helps others see ability rather than disability. He improved attitudes about the acceptability of a disabled person serving as a civic leader and we honor him for this community contribution. Tom and Maureen Marolt – 2005 Tom and Maureen Marolt are active community members. Their contributions have included lobbying at the state capital for human services, serving as Block Captains for their condominium complex and advocating for the preservation of bus routes in our city. By living, working and volunteering in our community, they help others gain a better understanding of people with developmental disabilities. This helps make St. Louis Park a place that is accepting and respectful of its diverse population. Prepared by: Martha McDonell, Commission Staff Liaison, 952-924-2613 Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 3a - Study Session Minutes Dec. 12, 2005 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION December 12, 2005 The meeting convened at 7:00 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Jim Brimeyer, Phil Finkelstein, Paul Omodt, Susan Sanger, and Sue Santa. Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke), Planning and Zoning Supervisor (Ms. McMonigal), Assistant Planner (Mr. Fulton), Director TSS (Mr. Pires), Director of Inspections (Mr. Hoffman), and City Clerk (Ms. Stroth). 1. Park Nicollet Eating Disorder Institute Mick Johnson, President of Park Nicollet Foundation and Senior Vice President Park Nicollet Health Services, provided an overview. Mr. Johnson said one of the things we need to do is reinvest in Meadowbrook and STEP. Mr. Johnson would like to have a site identified by the end of January or at least by the end of the first quarter of 2006 for the Eating Disorder Program. Dr. Joel Jahraus said the Eating Disorder Institute (“EDI”) has become a very comprehensive center in the treatment of eating disorders and EDI is a nationally recognized program currently located at Methodist Hospital. At any time, 100 people are waiting for EDI services; EDI is taking referrals from a five-state area now. The average length of stay in the facility for anorexia nervosa is about three weeks or so. The EDI desires to be near Park Nicollet or Methodist Hospital because EDI uses laboratory services and several various consultants. EDI is not a locked psychiatric facility. Dr. Jahraus said treatment is successful in about 75% of cases. Councilmember Sanger asked: What is being asked of the City? Mr. Locke responded, two things: it is an opportunity to present this to Council and to discuss if it is worth spending time to make a site work for the facility. Mr. Johnson said they are asking for the City’s interest, awareness and value; if the Council views EDI as a benefit, it can go to the next level and partnership. Duane Spiegle, Vice President of Real Estate and Support Services, said the new facility would be 63,000-75,000 square feet. Potential sites were discussed. Mr. Johnson said it is not their intent to seek City funds. Mr. Locke said not to focus on a site tonight but he emphasized the need to move efficiently with the timing in making choices. The Council consensus was that this was a good asset for the community and to continue moving forward on this partnership. St. Louis Park Council Meeting Item: 011706 - 3a - Study Session Minutes Dec. 12, 2005 Page 2 2. Hoigaard Village Streetscape David Stahl discussed the proposed streetscape improvements to West 36th Street, which is included as part of the Hoigaard Village redevelopment and the future of streetscape design along West 36th Street to the west of Highway 100. Hoigaard’s may not stay as they are considering options in town. Mr. Stahl also discussed building materials. Councilmember Sanger asked about price ranges for the units. Frank Dunbar replied about $200,000-$320,000 and square footage would be about 800-1380. Cory Tam, James Hardie Building Products, distributed a product sample. There was discussion regarding classes of materials. For the purposes of the Hoigaard Village redevelopment, staff believes it is appropriate to administratively classify hardiboard as a Class I material. Mr. Dunbar said he would like to prepare a 3-D model for the Council. Councilmember Sanger asked about the interests of parties who differ in regard to the common area and exterior maintenance. Mr. Dunbar said there would be two associations; one for commercial and one for residential. The costs would be broken down by square footage. Noah Bly discussed the urban and residential aspects of the first and second buildings. Planning and Zoning Supervisor, Meg McMonigal, said staff is looking at landscaping options and changes to the pond to make it look more formal. Councilmember Omodt is fine with the buildings appearance and the Hardie building product. Councilmember Finkelstein wants to see a 3-D model. Councilmember Sanger said the building looks like an office building and wants a sculpture style. She likes the brick and the glass but feels it needs some definition. Councilmember Basill said more drawings are needed. Mayor Jacobs is fine with the general, more urban look of the building on 36th Street, however, he would like it to have more architectural interest and artistic features on the building. The developer will return with a 3-D model. 3. City Website Clint Pires, Director of TSS, and Jason Huber, Web Coordinator led a discussion and demo to update the Council on current plans and efforts to revamp the City’s website. There was discussion regarding web streaming. Councilmember Sanger would like to see a feature promoting the City. She stated interest in residents signing up on a voluntary basis to subscribe to notification services. Councilmember Santa would like to see a calendar of meetings and events of greater scope, (e.g., neighborhood meetings and public hearings), to be more inclusive and open. Councilmember Finkelstein said someone would have to diligently monitor the website for up-to-date information. Councilmember Santa suggested the website state the City is situated in Minnesota. Mr. Pires demonstrated web casting samples from other cities. The start up cost to begin to cable cast today would be $10,000 and about $800 per month. St. Louis Park Council Meeting Item: 011706 - 3a - Study Session Minutes Dec. 12, 2005 Page 3 Mr. Harmening summarized the consensus of Council as very favorable for the direction the website is going and that staff should continue with comments and input. Staff would like to have changes made by January. Councilmember Santa said it would be helpful to have an ongoing usage poll to determine the website’s helpfulness. Councilmember Sanger asked if there would be someone to direct and field questions and comments. Mr. Pires answered yes. Councilmember Omodt asked about e-commerce permits online. He would like stream video sooner rather than later. Councilmember Sanger is concerned about individuals taking images and misrepresenting them. Do put a statement on the website. Mr. Pires said the City will consult the City attorney. Councilmember Omodt asked why the selling of advertising is not a good idea. Councilmember Brimeyer said that is not the business the City should be in. Council favors pursuing video web streaming. 4. Facilities Planning Brian Hoffman, Director of Inspections, provided information on current municipal building issues. The issues identified thus far are: reallocated positions and staffing responsibilities, fire station conditions, storage, City Hall reception area, fragmented departments and services, the City Hall elevator, public meeting spaces, building maintenance, aging structures, and funding. Councilmember Santa made comments about the lack of public meeting places that do not charge a fee. Councilmember Omodt said building standards should be consistent irrespective of a building being municipal or residential. An in-depth analysis of the issues and an integrated multi-year plan for all City facilities will continue. 5. Communication Brian Hoffman discussed the proposed Hennepin County amendment to the smoking ban. Council discussed the St. Louis Park Parktacular Agreement. Councilmember Santa stated the agreement has been formalized and will be a 5 year contract. The agreement calls for insurance costs of $6,000 per year. Mr. Harmening suggested activities, roles, and responsibilities should be included in the agreement. The meeting adjourned at 9:45 p.m. ____________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 011706 - 3b - City Council Minutes Jan. 3, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 3, 2006 1. Call to Order Mayor Pro Tem Sanger called the meeting to order at 7:30 pm. 1a. Pledge of Allegiance presented by Boy Scouts Den 5 of Pack 595 1b. Swearing in of newly elected Ward Councilmember’s by Judge Allen Oleisky Judge Allen Oleisky swore in Councilmember’s Sanger, Basill, Paprocki and Carver. 1c. Roll Call Council members present: John Basill, C. Paul Carver, Paul Omodt, Loran Paprocki and Susan Sanger Mayor Jacobs and Councilmember Finkelstein were absent. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Director of Technology and Support Services (Mr. Pires), Economic Development Coordinator (Mr. Hunt), Human Resources Director (Ms. Gohman) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations - None 3. Approval of Minutes 3a. City Council Minutes of November 21, 2005 It was motioned by Councilmember Omodt, seconded by Councilmember Basill to approve the November 21, 2005 minutes as presented. The motion passed 5-0. 3b. Study Session Minutes of November 28, 2005 Councilmember Basill indicated on page two, item three, the second to last paragraph should read, “Councilmember Basill would like to consider changing…residents, or at least have a discussion on what is the appropriate time frame.” It was motioned by Councilmember Omodt, seconded by Councilmember Basill to approve the November 28, 2005 minutes as corrected. The motion passed 5-0. St. Louis Park Council Meeting Item: 011706 - 3b - City Council Minutes Jan. 3, 2006 Page 2 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Moved to 8e 4b. Adopt Resolution No. 06-006 declaring 2006 City Council meeting dates 4c. Bid Tabulation: Designate Olympic Construction Services, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $150,000.00 for Westdale Park Detention Pond, Project No. 2006-1300 4d. Approve second reading of Ordinance No. 2310-06 establishing Fire Department Service Fees and authorize publication. 4e. Adopt Ordinance No. 2311-06 amending chapter 36 of the city code to create a category titled “Places of Assembly” and allow such uses in the C-1, C-2 and O zoning districts by Conditional Use Permit; approve summary, and authorize publication. Case Nos. 05-60-ZA 4f. Approve Resolution No. 06-007 to adopt a Council Travel Policy. 4g. Approve Resolution No. 06-008 accepting Work from Ron Kassa Construction Inc for Dakota Ave. Sidewalk City Project No. 2005-0003 Contract No. 123-05. 4h. Adopt Resolution No. 06-009 authorizing the execution of a Cooperative Agreement between the Bassett Creek Watershed Management Commission and the City of St. Louis Park for the Westwood Lake Improvements. 4i. Adopt Resolution No. 06-010 for Minor Amendment to the Elmwood Village Planned Unit Development (PUD) to allow a reduction of units from 63 to 60 for the “Loft” Building 4j. Accept Planning Commission Minutes of December 7, 2005 for filing 4k. Accept vendor claims for filing (supplement) Councilmember Basill moved item 4a from the consent agenda to item 8e on the regular agenda. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar. The motion passed 5-0. 5. Boards and Commissions 5a. Reappointments to Boards and Commissions Councilmember Basill commented this was not the for board positions they had recently interviewed for, but for other openings and existing people that were being reappointed. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to reappoint Commissioners Solmer, Gainsley, Bloyer, MacMillan, Armbrecht, Cornwall, Foulkes, Hallfin, Worthington, Johnston-Madison, Robertson, Berry, Gormley, Lanenberg, Browning, Jacobson and Overend to their respective commissions for terms ending 12/31/2008; and Commissioner Ohliger to the Police Advisory Commission for a term ending December 31, 2006. The motion passed 5-0. St. Louis Park Council Meeting Item: 011706 - 3b - City Council Minutes Jan. 3, 2006 Page 3 5b. Appointment of Alternate Citizen Representative to the Bassett Creek Watershed Management District Resolution No. 06-001 It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 06-001 ratifying the appointment of Councilmember C. Paul Carver as St. Louis Park’s Alternate Commissioner to the Bassett Creek Watershed Management District. The motion passed 5-0. 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Election of Mayor Pro-tem Resolution No. 06-002 It was moved by Councilmember Omodt, seconded by Councilmember Carver to adopt Resolution No. 06-002 nominating Councilmember Sanger as Mayor Pro-tem. The motion passed 5-0. 8b. Police Sergeant Union Contract: January 1, 2006 – December 31, 2007 Resolution No. 06-003 Ms. Gohman presented the staff report. Councilmember Omodt asked if the Police Sergeant Union was happy with this agreement? Ms. Gohman replied they recommended approval and were asking for Council to ratify the contract. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 06-003 approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) #218, establishing terms and conditions of employment for two years, from 1/1/06 – 12/31/07. The motion passed 5-0. 8c. Request for Public Hearing on Proposed Modification of the Elmwood Village Tax Increment Financing District Resolution No. 06-004 Mr. Hunt presented the staff report. St. Louis Park Council Meeting Item: 011706 - 3b - City Council Minutes Jan. 3, 2006 Page 4 Councilmember Paprocki asked if this included the two properties north of 36th Street? Mr. Hunt replied yes. If those properties were to become available, or if the property owners were willing to sell their properties, they could use TIF funds for acquisition of those properties. It was moved by Councilmember Paprocki, seconded by Councilmember Basill, to adopt Resolution No. 06-004 calling for a public hearing by the City Council on the proposed Modification of the Elmwood Village Tax Increment Financing District within Redevelopment Project No. 1 (A Renewal & Renovation District). The motion passed 5-0. 8d. Time Warner Cable TV Franchise Renewal Mr. Pires presented the staff report. He noted a proposed change in section 28-1-15, at the end of subsection (2), “at each location (or institution)” should be removed because it was not necessary. Councilmember Omodt asked if that was something that had been added? Mr. Pires replied staff suggested that be added between the first and second reading, but were now retracting because it was not needed. Councilmember Sanger indicated the Council had discussions regarding what would happen to resident e-mail accounts when Time Warner changed to Comcast. Was there a plan for a smooth transition for those e-mail addresses? Lance Leupold, Time Warner Cable, replied a smooth transition would be the goal. Comcast had not indicated what would be done or a time frame for the transition. They were about six months away from the date this would take place. Emmett Coleman of Comcast was at the last meeting and he could ask him for an update. Councilmember Sanger asked that the Council and residents be informed when there is a clear plan. It was moved by Councilmember Carver, seconded by Councilmember Omodt, to approve second reading of cable TV franchise renewal Ordinance No. 2309-06 with Time Warner Cable, removing the language “at each location (or institution)” in section 28-1-15, at the end of subsection (2), approve summary, and authorize publication. The motion passed 5-0. 8e. Motion to adopt a Resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for year 2006 Resolution No. 06-005 Councilmember Basill indicated that he continues to get complaints about delivery of the Sun-Sailor newspaper. He asked staff to check with the Sun-Sailor newspaper about their subscription service to see if all residents could receive it. If people didn’t want the paper, they could let notify the paper versus having to track down the newspaper to make sure they get delivery. They are designated the legal newspaper and the City is paying an extensive amount of money. Councilmember Basill stated he hoped they could deliver to residents who wanted it. He hoped this would be worked on before next year and they could possibly make it part of the recommendation at that time. St. Louis Park Council Meeting Item: 011706 - 3b - City Council Minutes Jan. 3, 2006 Page 5 It was moved by Councilmember Basill, seconded by Councilmember Carver to adopt Resolution No 06-005 designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for year 2006. The motion passed 5-0. 9. Communications - None 10. Adjournment The meeting adjourned at 7:55 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 011706 - 4a - Mark Muckelberg Resolution Page 1 RESOLUTION NO. 06-011 RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO OFFICER MARK MUCKELBERG WHEREAS, Mark Muckelberg began his employment with the City of St. Louis Park 23 years ago on June 14, 1982; and WHEREAS, through his enthusiasm and tenacity, Mark has earned the respect of peers and citizens; and WHEREAS, Mark has made countless contributions in his commitment to his job and has served the City in the Police Department by serving as a photographer, audio visual specialist, Field Training Officer, Radar and Lidar Instructor; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Mark Muckelberg for his great contributions and 23 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council January 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 1 4b. Motion to approve a resolution approving the Fifth Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001; and the Subordination Agreement between U.S. Bank National Association, the City of St. Louis Park, the St. Louis Park Economic Development Authority, and Excelsior & Grand III LLC relative to Phase NW of the Excelsior and Grand redevelopment project. Background: On December 19, 2005, the City Council approved TOLD‘s Preliminary and Final Plat for Park Commons East 4th Addition and a Major Amendment to the Park Commons East Planned Unit Development granting Final PUD approval for Phase NW (Park Commons East 4th Addition Lot 1 Block 1). On January 3, 2006, the EDA authorized conveyance of the future Phase NW property to the redeveloper. The redeveloper’s plans for Phase NW call for a single 5-story mixed use building on the site. It includes 96 units of owner-occupied housing and approximately 5,100 gross sq. ft of retail space. The building will also include approximately 147 below-ground residential parking stalls and 41 street parking stalls. Necessity for an Amendment to the Redevelopment Contract Under the Fourth Amendment to the Amended and Restated Contract for Private Redevelopment between Meridian Properties, the City of St. Louis Park, and the EDA (“Contract”) the redeveloper was to construct 112 owner-occupied housing units as a part of Phase NW. TOLD’s approved plans for Phase NW call for the construction of 96 such units. According to Section 4.2 (c) of the Redevelopment Contract: If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. The reduction of owner-occupied housing units in Phase NW is considered a material change thus necessitating a Fifth Amendment. Also under the Fourth Amendment, the redeveloper was to construct “approximately 6,500 rentable square feet of retail space” as a part of Phase NW. TOLD’s approved plans for Phase NW call for the construction of approximately 5,100 rentable square feet of retail space. This difference is not considered a material change under the contract. St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 2 Ramification of the Proposed Amendment As a result of the public approvals provided Phase NW, it was understood that the total number of housing units in the overall project would decrease by 16 units from 660 to 644 and the number of owner occupied housing units in the project would similarly decrease from 322 to 306. Despite this reduction, the number of owner occupied units in the project will be relatively close to the number of rental units constructed (338) and substantially more than the 35 owner occupied units originally planned. As a result of the 5,100 square feet of retail space in Phase NW, the amount of retail space in the entire project will total nearly 87,000 square feet. Originally the Contract called for the inclusion of 65,000 square feet. Thus, when Phase NW is completed the entire project will have 22,000 square feet more of retail space than originally planned. Provisions within the Proposed Amendment The proposed Fifth Amendment acknowledges what has already been constructed within the first three phases of the project and what has been approved for Phase NW. It can be summarized as follows. 1. Regarding Phase NW, the Minimum Improvements are defined as a mixed use building containing approximately 96 condominiums and approximately 5,100 rentable square feet of retail space. 2. The City and Authority acknowledge that redeveloper may assign its rights and obligations with respect to Phase NW under the Contract to the Phase NW Assignee. However, notwithstanding such assignment, Redeveloper and Assignee remain jointly and severally obligated under the Contract. 3. The redeveloper’s new address is recognized. The remainder of the Contract (including the required completion date for the entire project – June 1, 2007) remains unchanged. Subordination Agreement Under the Contract, the EDA and the City of St. Louis Park agreed to subordinate their rights under the agreement to the holder of any mortgage securing construction or permanent financing, subject to terms and conditions mutually agreeable by the parties. Just as there were subordination agreements with the lender for the earlier phases, a similar subordination agreement is required with the lender for Phase NW. The proposed subordination agreement asserts that the EDA and City’s rights under the Contract and Deed for the Phase NW property are subordinate to the lender’s rights under its loan documents pertaining to the Phase NW property. The EDA does not, however, subordinate its interest to the lender under the Assessment Agreement for Phase NW. St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 3 Recommendation The EDA’s attorney, in consultation with staff, prepared the attached resolution approving both the Fifth Amendment to the Contract for Private Redevelopment with Meridian Properties and the related Subordination Agreement and recommends its approval. Attachments: • Resolution of Approval • Fifth Amendment to the Contract for Redevelopment with Meridian Properties • Subordination Agreement Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 4 CITY OF ST. LOUIS PARK RESOLUTION NO. 06-012 RESOLUTION APPROVING FIFTH AMENDMENT OF CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF ST. LOUIS PARK, AND EXCELSIOR & GRAND III LLC AND A RELATED SUBORDINATION AGREEMENT BE IT RESOLVED By the City Council ("Council") of the City of St. Louis Park, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City, Authority and Meridian Properties Real Estate Development LLC (“Meridian") entered into a Contract for Private Redevelopment dated January 16, 2001, as amended by a First Amendment thereto dated March 3, 2003, a Second Amendment thereto dated September 15, 2003, a Third Amendment thereto dated October 7, 2003, and a Fourth Amendment thereto dated November 1, 2004 (the “Contract”) setting forth the parties' respective responsibilities in the redevelopment of certain property (the “Redevelopment Property”) in the City (the “Contract”), all pursuant to Minnesota Statutes, Sections 469.090 to 469.108 ("EDA Act") and 469.001 to 469.047 ("HRA Act"). 1.02 The parties desire to modify certain terms of the Contract, including the minimum improvements to be constructed upon the Redevelopment Property (the “Improvements”), by executing a Fifth Amendment thereto. 1.03. Meridian is assigning certain of its rights and obligations under the Fifth Amendment of the Contract to Excelsior & Grand III LLC (the “Redeveloper”) under an Assignment and Assumption Agreement. 1.04. U.S. Bank National Association, a national banking association (the “Lender”), is making a loan to the Redeveloper for the construction of the Improvements set forth in the Fifth Amendment (the “Loan”), and in connection with the Loan has requested that the Authority and City enter into a Subordination Agreement among the Lender, City, Authority and Redeveloper (the “Subordination Agreement”). 1.05. The Council has reviewed the Fifth Amendment and the Subordination Agreement and finds that the execution thereof and performance of the City’s obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 5 2.01. The Fifth Amendment and the Subordination Agreement as presented to the Council are hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Fifth Amendment and the Subordination Agreement and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Approved by the City Council of the City of St. Louis Park, Minnesota this 17th day of January, 2006. By Its Mayor By Its City Manager ATTEST: City Clerk St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 6 January 4, 2006 Draft FIFTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the ___ day of January, 2006, by and between the St. Louis Park Economic Development Authority (the “Authority”), a public body corporate and politic under the laws of Minnesota, and the City of St. Louis Park, Minnesota (the “City”), a Minnesota municipal corporation, and Meridian Properties Real Estate Development LLC (the “Redeveloper”), a Minnesota limited liability company. RECITALS WHEREAS, the Authority was created pursuant to Minnesota Statutes Sections 469.090 to 469.1081 (the “Act”) and was authorized to transact business and exercise its powers by a resolution of the City Council of the City; and WHEREAS, the Authority has undertaken a program to promote the development and redevelopment of land which is underutilized within the City of St. Louis Park, Minnesota (the “City”), and in this connection created the Redevelopment Project No. 1 (hereinafter referred to as the “Project”) in an area (hereinafter referred to as the “Project Area”) located in the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”); and WHEREAS, the Authority, City and Redeveloper entered into an Amended and Restated Contract for Private Redevelopment dated as of July 23, 2001 and recorded in the office of County Recorder on December 28, 2001 as Document No. 7615778 and filed in the Office of the Registrar of Titles on December 27, 2001 as Document No. 3477262 (the “Contract”), in connection with redevelopment of property within the Project described as follows: Lot 1, Block 1, Lot 1, Block 2, Outlots A, B, C, D, E, F, G, H, and I, PARK COMMONS EAST, according to the plat on file and of record in the Office of the Hennepin County Recorder AND All right of way to be improved as Wolfe Parkway adjoining the northerly line of PARK COMMONS EAST. (the “Redevelopment Property”); and WHEREAS, the Redeveloper assigned certain rights and obligations regarding Phase I (as defined in the Contract) to Excelsior & Grand LLC (the “Phase I Assignee”), assigned certain rights and obligations regarding Phase NE to Excelsior & Grand II LLC (the “Phase NE Assignee”), assigned certain rights and obligations regarding Phase E to Excelsior & Grand IV LLC (the “Phase E Assignee”), and intends to assign certain rights and obligations regarding Phase NW to Excelsior & Grand III LLC (the “Phase NW Assignee”); and St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 7 WHEREAS, the parties entered into a First Amendment to Amended and Restated Contract for Private Redevelopment dated March 3, 2003, a Second Amendment to Amended and Restated Contract for Private Redevelopment dated September 15, 2003, a Third Amendment to Amended and Restated Contract for Private Redevelopment dated October 7, 2003 (the “Contract”), and a Fourth Amendment to Amended and Restated Contract for Private Redevelopment dated November 1, 2004; and WHEREAS, the parties have determined to further amend the Contract as described herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 4.1(b) of the Contract is modified to read as follows: (b) Minimum Improvements. The Minimum Improvements consist of the following Phases, located as shown on the Master Site Plan: Phase I: Superblock, consisting of mixed use buildings containing 338 units of rental housing and approximately 62,700 rentable square feet of retail space. Phase NE A mixed use building containing 124 units of Owner-Occupied Housing, and approximately 4,500 rentable square feet of retail space; and Phase E A mixed use building containing approximately 86 units of Owner- Occupied Housing, and approximately 14,235 rentable square feet of retail space, with approximately 109 below-ground residential parking stalls. Phase NW A mixed use building containing approximately 96 condominium units and approximately 5,100 rentable square feet of retail space. 2. The City and Authority acknowledge that Redeveloper may assign its rights and obligations with respect to Phase NW under the Contract to the Phase NW Assignee. However, notwithstanding such assignment, Redeveloper and Assignee shall remain jointly and severally obligated under this Section 4.13 of the Contract. 3. Section 10.6 of the Contract is modified to reflect the Redeveloper’s change of address, as follows: Meridian Properties Real Estate Development LLC Two Carlson Parkway, Suite 355 Plymouth, Minnesota 55447 4. The Contract remains in full force and effect and is not modified except as expressly provided herein. St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 8 IN WITNESS WHEREOF, the Authority, City and Redeveloper have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______, 2006 by Paul Omodt and Thomas Harmening, the President and Executive Director of the St. Louis Park Economic Development Authority, on behalf of the Authority. Notary Public St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 9 CITY OF ST. LOUIS PARK, MINNESOTA By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of January, 2006 by Jeff Jacobs and Thomas Harmening, the Mayor and City Manager of the City of St. Louis Park, Minnesota, on behalf of the City. Notary Public St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 10 MERIDIAN PROPERTIES REAL ESTATE DEVELOPMENT LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2006 by _________________________, the _________________ of Meridian Properties Real Estate Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 11 The undersigned, as assignee of certain rights under the Contract, hereby consents to the aformentioned Fifth Amendment thereto. EXCELSIOR & GRAND III LLC By ___________________________ Its Manager STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2006 by _________________________, the manager of Excelsior & Grand III LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 12 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (this "Agreement") is entered into as of the _____ day of January, 2006, by and among (i) U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Lender"), (ii). CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (the "City"), (iii) ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY a public body corporate and politic under the laws of the State of Minnesota (the "Authority"), and (iii) EXCELSIOR & GRAND III LLC, a Minnesota limited liability company ("Borrower"). Recitals WHEREAS, the Authority is conveying or has conveyed to Borrower the real property legally described on Exhibit "A" attached hereto (the "Premises") pursuant to a certain Quit-Claim Deed dated _____________, 2006, filed for record in the Office of the County Recorder on ____________, 2006 as Document No. ________ and in the Office of the Registrar of Titles as of ____________, 2006 as Document No. ___________, Hennepin County, Minnesota ("Deed"); WHEREAS, Lender is making a loan to Borrower in the original principal amount of _________________________ Dollars ($__________________) (the "Loan") for the construction of a 96-unit condominium with approximately 5,100 square feet of commercial space in St. Louis Park, Minnesota ("Improvements”), upon the Premises; WHEREAS, as evidence of the Loan, the Borrower is executing and delivering to the Lender its Promissory Note dated _____________________, 2006, in the original principal amount of the Loan and is executing and delivering to the Lender its Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement, each dated of even date herewith and certain other loan and security documents (collectively the "Loan Documents"); WHEREAS, Meridian Properties Real Estate Development LLC, a Minnesota limited liability company ("Meridian"), the Authority and the City have entered into a certain Amended and Restated Contract for Private Redevelopment Agreement dated July 23, 2001, filed for record in the office of the County Recorder on December 28, 2001 as Document No 7615778 and in the office of the Registrar of Titles on December 27, 2001 as Document No. 3477262, Hennepin County, Minnesota, as modified by that certain Supplement to Amended and Restated Contract for Private Redevelopment, dated December 1, 2001, as amended by that certain First Amendment to Amended and Restated Contract for Private Redevelopment, dated March 3, 2003, by that certain Second Amendment to Amended and Restated Contract for Private Redevelopment, dated as of September 15, 2003, by that certain Third Amendment to Amended and Restated Contract for Private Redevelopment, dated October 7, 2003, and by that certain Fourth Amendment to Amended and Restated Contract for Private Redevelopment, dated November 1, 2004, (as amended, assigned and supplemented, the "Development Agreement"); WHEREAS, Meridian is assigning certain of its interests in the Development Agreement to the Borrower under an Assignment and Assumption Agreement dated ________________, 2006 and consented to by the City and the Authority; and WHEREAS, as a condition to the closing of the Loan, the parties hereto desire to memorialize their agreement concerning the subordination of certain of the City's and the Authority's rights under the Development Agreement and the Deed and certain other matters as set forth herein. St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 13 AGREEMENT NOW THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Subordination. City and the Authority hereby agree that their rights under the Development Agreement and the Deed with respect to the Premises and Phase NW (as defined in the Development Agreement) including, but not limited to, any rights of re-entry or reversion of title are subject and subordinate to the Lender's rights under the Loan Documents including, but not limited to, the Mortgage, with the same force and effect as if the Loan Documents had been executed and delivered, and any liens created thereby perfected, prior to the execution and delivery of the Development Agreement and the Deed; provided, however, (a) this subordination shall only be construed to apply to effect the relative priority of the Development Agreement and the Deed as they apply to the legal parcel legally described on Exhibit "A" attached hereto, and (b) the Authority does not subordinate to the Lender the Authority’s interest in the Assessment Agreement Phase NW between the Authority and the Borrower dated as of ________________, 2006. Notice to Authority. Upon delivery by Lender to Borrower of any notice of default by Borrower under any of the Loan Documents, Lender must deliver to the Authority a copy of such default notice. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Borrower, within such cure periods as are available to the Borrower under the Loan Documents. No Modification of Development Agreement. The City, Authority and Lender acknowledge that Lender is not a party to the Development Agreement. This Subordination Agreement contains the entire agreement as between the Authority, the City and the Lender with respect to each other under the Development Agreement and the Deed. This Subordination Agreement may be amended only in writing signed by all the parties hereto. Miscellaneous. This Agreement shall be binding upon the parties hereto and their respective successors and assigns, including all future owners of Lender's rights in the Loan Documents. St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 14 THIS SUBORDINATION AGREEMENT is executed and delivered as of the date first above written. LENDER: U.S. BANK NATIONAL ASSOCIATION, a national banking association By: Name: Title: STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of January, 2006, by _______________, a _____________ of U.S. Bank National Association, a national banking association, on behalf of the association. Notary Public This document drafted by: Kennedy & Graven, Chartered (MNI) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 (612) 337-9300 St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 15 CITY: CITY OF ST. LOUIS PARK, a Minnesota municipal corporation By: Name: Jeff Jacobs Title: Mayor By: Name: Thomas Harmening Title: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of January, 2006, by Jeff Jacobs and Thomas Harmening, the Mayor and City Manager, respectively, of the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, on behalf of the corporation. Notary Public St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 16 AUTHORITY: ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota By: Name: Paul Omodt Title: President By: Name: Thomas Harmening Title: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of January, 2006, by Paul Omodt and Thomas Harmening, the President and Executive Director, respectively, of the ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the corporation. Notary Public St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 17 BORROWER: EXCELSIOR & GRAND III LLC, a Minnesota limited liability company By: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of January, 2006, by ____________________, the Managing Member of EXCELSIOR & GRAND III LLC, a Minnesota limited liability company, on behalf of the Company. Notary Public St. Louis Park Council Meeting Item: 011706 - 4b - 5th Amendment To TOLD Dev Agrmnt Page 18 EXHIBIT "A" LEGAL DESCRIPTION Lot 1, Block 1, Park Commons East 4th Addition, according to the recorded plat thereof, Hennepin County, Minnesota St. Louis Park Council Meeting Item: 011706 - 4c - VFW Gambling Permit Renewal Page 1 4c. Motion to approve Resolution authorizing lawful gambling premises permit license for VFW Post 5632 operating at the Frank Lundberg American Legion Post 282, 5605 West 36th Street. Background: VFW Post 5632 has submitted an application for a Gambling Premises Permit to conduct lawful charitable gambling inside the American Legion Post 282 located at 5605 West 36th Street in St. Louis Park. This organization has operated in the City since 1985. Until recently, the VFW operated a liquor establishment at the same address, but management has changed to the Frank Lundberg American Legion Post earlier this year. Pursuant to an agreement with the American Legion, the VFW will lease space inside the club and operate a lawful charitable gambling booth therein. The VFW will sell pull-tabs and conduct periodic “meat raffles” for fund raising. Officers of VFW Post 5632 are as follows: Richard Anderson CEO Harlan Hanson Gambling Manager Robert McWhite Assistant Gambling Manager Donald Ouellete Treasurer The City Council must act to approve or deny the renewal before it is submitted to the State Gambling Control Board. A copy of the resolution passed by the Council will be submitted to the State. All current requirements for issuance of the license have been met. The Police Department has conducted a background investigation and no records or warrants were discovered by using conventional police methods of investigation. This action does not require a public hearing as the building location meets all proximity requirements in the ordinance. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 4c - VFW Gambling Permit Renewal Page 2 RESOLUTION NO. 06-013 A RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING VFW POST 5632 OPERATING AT FRANK LUNDGERG AMERICAN LEGION POST 282 5605 WEST 36TH STREET, ST. LOUIS PARK, 55416 WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code Chapter 15 , provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premise permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; therefore, BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed above meets the criteria necessary to receive a premises permit, and the application is hereby approved. Reviewed for Administration: Adopted by the City Council January 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011706 - 4d - Resolution Excess Land Sale Update Page 1 4d. Motion to approve resolutions to reconvey tax forfeit property at 2005 Louisiana Ave S and 2715 Monterey Ave S. to the City of St. Louis Park. Background: On December 5, 2005 the City Council passed resolutions directing staff to prepare certain excess land parcels for sale. The attached table summarizes the use of the parcels as determined by the City Council. The preparation of the excess land parcels to be sold is underway. Purpose of Resolutions to Reconvey Tax Forfeit Lands from State to City: Six of the excess land parcels are tax forfeit properties. In order for tax forfeit properties to be sold for private use, cities must direct the state to reconvey the property to the city. This reconveyance requires a City Council Resolution. At this time, two of the tax forfeit properties- 2005 Louisiana Ave S and 2715 Monterey Ave - have clear legal descriptions and title and are ready for reconveyance. Update on Activity to Prepare Parcels for Sale: In addition to the reconveyance of properties, the following work is underway to prepare parcels for sale: Parcel Prep • City Attorney is securing Certificate of Title for all parcels to be sold. • The City has contracted with the same survey firm that conducted preliminary field work to conduct surveys to determine legal property boundaries, subdivisions, legal descriptions, a street vacation and easements. • The City has hired a firm to conduct the fair market appraisals. • The Minnesota Department of Transportation is conducting evaluations on the I-394 frontage road parcels. Residential Notifications • Individuals interested in purchasing parcels have received an update mailing. • Abutting owners of oversized and non-buildable parcels have been contacted requesting their interest in purchasing a portion of oversized parcels. Process Actions • Comprehensive Plan Amendment Public Hearings have been scheduled for the January 18, 2006 Planning Commission meeting for three of the six parcels that will require a comp plan amendment. • The Minnehaha Creek Watershed District has been made aware of the Council’s decision to hold off on the sale of the Wood Lane parcel pending the district’s interest in purchasing. City staff has invited district staff to meet. The district has stated they expect to complete their long range plan for the creek in February and will meet with City staff in February. St. Louis Park Council Meeting Item: 011706 - 4d - Resolution Excess Land Sale Update Page 2 Projected Timing of Sales 1. Barring unforeseen complications, the first group of properties to become available for sale will be those where the City holds clear title and the relatively uncomplicated tax forfeit properties. These include: 2005 Louisiana Ave S 2715 Monterey Ave S 4200 Natchez Ave S 9019 Cedar Lake Road 7701 Edgebrook Drive 4525 Morningside Road. The subdivisions, legal descriptions, comprehensive plan amendments and fair market appraisals for these parcels should be completed in time for a spring/summer sale. 2. The tax forfeit lands at 1608 Utah Drive and 2600 Natchez Ave S will require subdivision and hence require a more lengthy process before sale, perhaps summer 2006. 3. The multi-lot parcels currently held by the Minnesota Department of Transportation are currently going through the MNDOT evaluation process, where their staff determines the need to retain or turn back properties. This will be followed by MNDOT appraisals to set market values. It is likely these will be the last parcels ready for sale. These parcels are the 13th Lane West and the Texas Ave & I-394 Frontage parcels. Recommendation: Staff recommends the Council approve the resolutions directing the reconveyance of tax forfeit properties located at 2005 Louisiana Ave S and 2715 Monterey Ave S. Next Steps; Staff will keep Council apprised of process of preparing lands for sale. Comp Plan Amendments for three of the parcels will be considered by the Council at the February 20 City Council meeting. Attachments: Resolutions Directing Reconveyance of Tax Forfeited Lands Summary Table of Excess Land Parcels Determined Use Prepared By: Kathy Larsen, Housing Programs Coordinator Reviewed By: Kevin Locke, Community Development Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 4d - Resolution Excess Land Sale Update Page 3 RESOLUTION NO. 06-014 RESOLUTION DIRECTING THE RECONVEYANCE TO THE STATE OF MINNESOTA OF CERTAIN TAX-FORFEITED LANDS AT 2005 LOUISIANA AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, pursuant to that certain tax-forfeited lands dated April 20, 1965, and filed on May 12, 1965, as Doc Number 3540549 with the Hennepin County Registrar of Titles, the City of St. Louis Park became the present owner for public use of certain tax-forfeited lands located at 2005 Louisiana Avenue South in the City of St. Louis Park, Hennepin County, and legally described as follows: Lots 202 and 203 Richmond 3rd Addition WHEREAS, the City desires to reconvey these tax-forfeited lands (the “Premises”) to the State of Minnesota for the purposes of an outright purchase by the City of fee title to the Premises; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK IN REGULAR MEETING ASSEMBLED: (1) Staff is authorized and directed to take such steps as are necessary to reconvey the Premises to the State of Minnesota for purposes of subsequent purchase by the City; and (2) The Mayor and City Manager and staff are authorized to prepare and execute such documents as are necessary to accomplish the reconveyance. Reviewed for Administration: Adopted by the City Council January 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011706 - 4d - Resolution Excess Land Sale Update Page 4 RESOLUTION NO. 06-015 RESOLUTION DIRECTING THE RECONVEYANCE TO THE STATE OF MINNESOTA OF CERTAIN TAX-FORFEITED LANDS AT 2715 MONTEREY AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, pursuant to that certain tax-forfeited lands dated June 30, 1949 and filed on February 25, 1958 as Doc Number 552366 with the Hennepin County Registrar of Titles, the City of St. Louis Park became the present owner for public use of certain tax-forfeited lands located at 2715 Monterey Avenue South Drive in the City of St. Louis Park, Hennepin County, and legally described as follows: Commencing 699.05 feet North of Southwest corner of Northwest Quarter of SE Quarter (NW ¼ of SE ¼), Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-Four (24); thence South 71 ½ degrees East to West line of Peabody Addition to St. Louis Park; thence South 105.4 feet; thence North 71 ½ degrees West to West line of Southeast Quarter (SE¼); thence North to beginning, except Monterey Avenue, in the Village of St Louis Park. WHEREAS, the City desires to reconvey these tax-forfeited lands (the “Premises”) to the State of Minnesota for the purposes of an outright purchase by the City of fee title to the Premises; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK IN REGULAR MEETING ASSEMBLED: (1) Staff is authorized and directed to take such steps as are necessary to reconvey the Premises to the State of Minnesota for purposes of subsequent purchase by the City; and (2) The Mayor and City Manager and staff are authorized to prepare and execute such documents as are necessary to accomplish the reconveyance. Reviewed for Administration: Adopted by the City Council January 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011706 - 4d - Resolution Excess Land Sale Update Page 5 Table: Determined Use of Excess Land Parcels – December 5, 2005 Parcel No. Address Use Developable as Single Family Homes 2 2715 Monterey Ave S 1 single family home 3 2600 Natchez Ave S 1 single family home 6 2005 Louisiana Ave S 1 single family home- possible sale of sideyard to abutting neighbor 10 9019 Cedar Lake Road Up to 4 single family homes 16 7701 Edgebrook Ave S 1single family home –possible sale of sideyard to abutting neighbor 18 4525 Morningside Ave S 1single family home –possible sale of sideyard to abutting neighbor 19 4200 Natchez 2 single family homes On Hold 12 2601 Pennsylvania Ave S Possible use for off leash dog park or up to 4 single family homes 17 5609 Wood Lane Possible sale to Minnehaha Creek Watershed District Developable as Mixed Use and Townhouses/Condos 7 13th Lane West Possible Mixed Use development with owner occupied housing 8 Texas Ave and Frontage Road Up to eleven units owner occupied attached housing Retain as Parking Lots 1 2814 Inglewood (Parking Lot) Parking lot 14 6534 Walker (Parking Lot) Parking lot 15 3301 Gorham (Parking Lot) Parking lot Future Potential Development 4 Cedar Lake Road and Hwy 100 20 3515 Belt Line Blvd Unsuitable for Building Large Single Family Homes 5 2015 Louisiana Ave S Remain vacant for drainage– possible sideyard sale to abutting neighbors 9 1608 Utah Ave S Possible sale to abutting neighbor and neighborhood group 11 9258 Club Road Initiate neighborhood planning process 13 2812 Zarthan Ave South Remain vacant for city utilities St. Louis Park Council Meeting Item: 011706 - 4f - Final Payment Frattalone Paving, Inc. Page 1 RESOLUTION NO. 06-016 RESOLUTION ACCEPTING WORK FOR RECONSTRUCTION OF CEDAR KNOLL PARK/CARLSON FIELD PARKING LOT CITY PROJECT NO. 20050050 CONTRACT NO. 120-05 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated October, 10, 2005; Frattalone Paving, Inc. has satisfactorily completed work for the reconstruction of the parking lot at Cedar Knoll Park/Carlson Field, as per Contract No. 120-05. 2. The Director of Parks and Recreation has filed her recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $ 87,518.00 Change Order/Overrun $ 8,002.74 Previous Payments $ 81,919.68 Balance Due (final payment) $ 13,601.06 Reviewed for Administration: Adopted by the City Council January 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 011706 - 4g - PRAC Official Minutes Sept. 14, 2005 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION SEPTEMBER 14, 2005 at 5:30 P.M. REC CENTER PROGRAMMING OFFICE MEMBERS PRESENT: Bruce Cornwall, George Foulkes, Steve Hallfin, Kirk Hawkinson, Richard Johnson, and Tom Worthington MEMBERS ABSENT: None STAFF PRESENT: Rick Beane, Amber Flannery, Jim Vaughan, Stacy Voelker, and Cindy Walsh PARK DEVELOPMENT TOUR – 5:30 p.m. Met at Rec Center Customer Service Counter Browndale Park – Building Replacement Dakota Park – Permanent Off-Leash Dog Park Nelson Park – Building Replacement REGULAR MEETING – 7 p.m. Rec Center Programming Office. (Box lunches were provided.) 1. Call to order Tom Worthington, Chair, called the meeting to order at 7 p.m. 2. Adjustments to the agenda Mr. Worthington added the election of a Vice Chair, need for a school member, and need for a student member under new business. Mr. Hallfin will provide an update during the Commissioners Report. 3. Approval of Minutes from May 18, 2005 Mr. Hawkinson moved to approve the minutes from the May 18, 2005 meeting, Mr. Foulkes seconded. The motion passed 6-0. 4. New Business A. Minnehaha Creek Visioning Partnership Ms. Walsh gave a brief overview of the Minnehaha Creek visioning process. Mr. Vaughan reviewed the partnership with the Commission members as per the recommendations attached. Mr. Vaughan indicated recreation activities were ranked highest and advised wanted to enhance corridor. He also specified the Grays Bay dam flow is a concern that is being studied by the partnership. The cities along the creek were approached and asked to pass a resolution administering the vision partnership. St. Louis Park Council Meeting Item: 011706 - 4g - PRAC Official Minutes Sept. 14, 2005 Page 2 Mr. Johnson inquired on the cost to St. Louis Park in which Mr. Vaughan indicated there are no specific plans or ideas as it is in the study stage only at this time. Ms. Walsh advised MCWD hopes the cities will take off from this and review their own infrastructure of the creek (i.e. enhance canoe landings, etc.) but there are no direct financial impacts. Minnehaha Creek Watershed District owns no land along the creek – it’s all city land. Mr. Foulkes inquired on flooding and if it occurs regularly along the creek. Mr. Vaughan and Mr. Hallfin advised there is flooding. Mr. Worthington inquired on who monitors the water quality in which Mr. Vaughan indicated the MCWD monitors. Mr. Vaughan indicated that part of the project is to get the creek back to its original status. Mr. Worthington inquired if surveys have been completed or boundaries marked. Ms. Walsh advised that has not been done yet but is part of the goal.. Mr. Vaughan indicated there is park property by the creek that could be utilized for walking, etc. but not marked as such so looks like property owners back yards. Mr. Worthington inquired if they will be looking for task force members. Ms. Walsh advised they will be and would be great to have a Parks and Recreation Advisory Commission member on the task force. There will be more information to come. Mr. Worthington inquired if the creek task force would potentially go against recommendations from the Excess Land Task Force. Mr. Vaughan advised it could happen. Mr. Worthington inquired if there are issue of people dumping things in the City drains in which Mr. Vaughan feels that is less of an issue than in past due to educating individuals. Mr. Johnson inquired on the water quality and new directive from the Federal Water Act. Mr. Vaughan advised it is on the MCWD’s list of issues. Mr. Worthington asked members to think about if they are interested in being on the Minnehaha Creek task force. B. Vice Chair Election and Need for Additional Members Mr. Worthington advised Dana Strong moved out of the City so is no longer on the Commission. Mr. Worthington inquired who is interested in the Vice Chair position and advised if anyone would like to be chair instead; Mr. Worthington would be Vice Chair. Members discussed and Mr. Foulkes volunteered. Motion to elect Mr. Foulkes as Vice Chair we made by Mr. Cornwall and seconded by Mr. Hallfin. The motion passed 6-0. Mr. Worthington also advised members of two vacant positions on the Commission which are a school board member and student member. If members know of anyone who may be interested, please have them contact Ms. Voelker for information and an application. St. Louis Park Council Meeting Item: 011706 - 4g - PRAC Official Minutes Sept. 14, 2005 Page 3 5. Old Business A. Commissioners’ Swim/Skate Event Update Mr. Worthington reviewed the memo from Mr. Birno on the revenue and expenses generated at the Swim/Skate event and indicated money was made although a lot of work for little money. Mr. Foulkes indicated he is interested to know how many community members attended the event and tried new things (i.e. ice staking). Mr. Hallfin advised a lot of people skated. Mr. Foulkes inquired if everyone feels they covered their areas appropriately. Mr. Hawkinson feels the unsupervised ice time was a concern as people commented about hockey players and chairs on the ice. He suggested more supervision during ice skating. Mr. Hawkinson indicated he polled people at the event to find out how they heard about it and most indicated they read it in the Sun Sailor. Mr. Hawkinson suggested having individuals complete a survey or ask them as they pass through the ticket counter. Mr. Johnson suggested all workers could be at the ticket counter at beginning of the event to survey individuals as they enter. Mr. Johnson noted that no complimentary tickets were returned. Mr. Foulkes inquired on how businesses responded to posting the flyers. He indicated all his were very appreciative and was surprised no coupons were used. Mr. Hallfin noted the coupons could be utilized up until the event so may have been used prior to the event. Mr. Johnson mentioned all were numbered. Mr. Johnson advised he is still in favor of bundling tickets for discount sales and to actively pre-sell tickets to others (not specifically businesses). Mr. Foulkes noted that he does not like to knock on doors. Mr. Cornwall suggested getting information out more aggressively (i.e. to neighborhood groups). Mr. Johnson suggested having a booth at Parktacular to sell tickets in which the members agreed. Mr. Johnson also suggested selling raffle tickets. Mr. Hallfin advised it was a good idea to do that night for a prize and to explain the money is for the scholarship program. He also advised he’d prefer not to door knock, but was in favor of a booth at the Parktacular event. Mr. Johnson inquired on the hot foods as there were none. Mr. Hallfin contacted Mr. Birno that evening and was advised his understanding was the Commission had decided not to have hot foods and feels it would have enhanced sales. He also stated the pool manager would not serve hot foods as she didn’t know how to handle their request. Mr. Johnson noted he thought the pool manager should have had accompaniment to count the money. He feels two people should always count money. Mr. Worthington thanked the Commission for the good volunteer turnout. Recommendations were noted and will be reviewed next spring prior to the planning of next year’s event. Mr. Hallfin advised the initial entry line was out the front door and entry into the register was too slow. They instead took admission money until the line went down and then entered the money into the register. Mr. Hawkinson suggested having a stamp available for re-entry. St. Louis Park Council Meeting Item: 011706 - 4g - PRAC Official Minutes Sept. 14, 2005 Page 4 Mr. Foulkes inquired on our part in the Parktacular event and requested a City liaison attend the October meeting to discuss with the Commission. Mr. Worthington asked staff to research 2004’s expenses and revenues from the Commissioner’s Swim Event to have available for members at the next meeting. Mr. Foulkes was concerned about the money spent on concessions versus revenue. Mr. Worthington thanked the members and Mr. Johnson for organizing the event. 6. Communications A. Chair Mr. Worthington advised the Excess Land Task Force has concluded and the last public meeting will be held Tuesday evening at the Rec Center. After the meeting recommendations will be presented at a City Council Study Session inquiring how Council would like to proceed with each of the properties. B. Commissioners Mr. Johnson requested staff provide Commission members with a list of fields and buildings/facilities available for rental and usage for each (i.e. how often rented, revenue generated, if not rented as much as could be then how to market facility). Mr. Vaughan advised that staff is still working out issues of renting enclosed pavilions. The issue is staff must be hired to open, close, clean and set up the facilities which is why most pavilions are only open three months per year. During those three months, part-time staff is available to tend the enclosed pavilions and picnic shelters. Mr. Vaughan advised our facilities are listed in all of the Department’s marketing material (i.e. brochure, web site, flyers, etc.). Mr. Johnson also inquired about washing of the windows in the park buildings. He feels there is nice art work in the windows but the windows are dirty. He has passed this request along to Mr. Beane. Mr. Hawkinson feels the swim/skate event was good. He inquired on the Halloween event at the Rec Center and if the Commission has a table at the event. Staff will advise at their October meeting. Mr. Cornwall discussed inviting the neighborhood and youth sport associations to future Commission meetings. He feels it would add time to the monthly meetings but also feels it’s a good idea. Mr. Cornwall inquired on how to proceed and get a list of neighborhood associations and youth sports associations. Also, how would the Commission handle as there are more associations than monthly meetings. Mr. Hallfin feels it is a good idea and suggested inviting sports associations during their off-season. Mr. Cornwall offered to call Martha McDonald for a list of neighborhood associations and invite one to the October meeting. Mr. Hallfin listed associations and members discussed who to invite. Mr. Johnson inquired if it’s redundant to have the associations visit the Commissions monthly meetings and have them attend the annual meeting. Members feel both are helpful. Some associations commented to Mr. Hallfin that lack of attendance in 2005 may have St. Louis Park Council Meeting Item: 011706 - 4g - PRAC Official Minutes Sept. 14, 2005 Page 5 been to miscommunication of date and time. Mr. Cornwall feels that if the association is interested, 10 minutes is sufficient time to give a presentation. Members also feel this format would be better for people that prefer not to talk in large groups. Mr. Foulkes advised the associations will also see what the Commission does. Mr. Johnson indicated past Commission minutes suggested a member attend the annual neighborhood meetings. Members felt that was in addition to having neighborhood members attend Commission meetings. Mr. Hallfin will give a presentation in October on behalf of the Little League Association. Mr. Hallfin advised he met with Rick Birno, Jenny Buskey, and Jim Lombardi regarding goals for this year. Mr. Hallfin suggested to them to add a fee to non- residents who play sports in St. Louis Park to raise more money. From that meeting, he learned a lot about the programs the department offers and charges. He advised other cities add $10 or $15 for non-resident individuals that are on teams so he suggested adding $15 to teams that are not completely made up of residents. Per the department, the fees were raised on everything and non-resident fees were eliminated. In conclusion, Mr. Birno gave Mr. Lombardi the task of researching what other cities charge to align St. Louis Park with others. Mr. Hallfin expressed he learned a lot from the meeting and felt staff was very receptive. Mr. Foulkes inquired if women are allowed to play in the basketball league offered. He feels a lot of money could be made if the department offered a women’s league. Mr. Worthington stated his concern that soccer reserves fields but may not be utilizing them all the time. Members discussed usage fees and suggested to hold fields for St. Louis Park one night a week and not allow associations utilize them on that night. Mr. Foulkes indicated he rented the Oak Hill facility for a birthday party recently and there was a couple of kids hanging around the park smoking marijuana. He indicated mothers have commented on high school kids hanging out there making visitors nervous. Mr. Vaughan advised there has been a lot of vandalism there this year also. Ms. Voelker advised it is a public park and if visitors feel threatened or see illegal activity, they should call the police immediately. Mr. Johnson inquired if anyone received comments on the splash pad. Members commented it is great and many compliments have been received. Concern was expressed about removing Westdale Park and enhancing the Nature Center area. Mr. Johnson suggested bragging up the new equipment and feels staff sells us short as not giving enough information to residents for adequate acceptance. Mr. Vaughan gave a brief update of the Westdale Park project and advised the Commission will be advised of the neighborhood meeting. St. Louis Park Council Meeting Item: 011706 - 4g - PRAC Official Minutes Sept. 14, 2005 Page 6 C. Program Report – Jim Vaughan Mr. Vaughan advised that Dutch Elm disease is about 1,500 which is still high but better than last year. Staff hopes next year is better as there are fewer than 1,000 trees left on the boulevards. Mr. Vaughan indicated approximately 250 trees were planted in spring and 200 in fall as a means of replenishing the trees. Mr. Foulkes inquired if staff is still injecting the trees. Mr. Vaughan indicated that staff is still injecting but is unsure why some injections are not working considering it is 98.8% effective. Potentially there are more beetles, etc. Mr. Vaughan advised residents do get their money back if the injected tree dies. Mr. Vaughan advised it was a successful year in flowers. There were 36 flower gardens this year with many volunteers, mostly from the neighborhoods, tending to the upkeep. He advised Lamplighter Pond is almost complete and there will be 40 trees planted on the south side of the pond. Mr. Vaughan indicated they may have a burn there in spring and Wolfe Lake will have a burn in spring to enhance wildflowers. Lamplighter will be stocked by the DNR, along with Wolfe Lake. Mr. Vaughan informed the Commission there were 97 geese removed in four different areas of the City with the largest areas on the Creek due to people mowing down to the creek. Mr. Vaughan reviewed the removal process with the members. He also advised there is an active beaver in Minnehaha Creek this year and will work with a trapper to remove it from the area. Mr. Vaughan advised the City received a $40,000 recycling grant for our parks. Next spring there will be recycling containers in parks and in the Rec Center. The containers will be monitored for effectiveness and Waste Management will haul the recycling. Mr. Hawkinson questioned Oak wilt. Mr. Vaughan advised staff tested approximately 12 samples by the U of M and all were negative. Staff is looking at other fungus that may affect the trees in a similar manner. Mr. Hawkinson inquired on concessions at Aquila Park. Mr. Hallfin advised the concessions are not run by the City and are available only during tournaments. Mr. Worthington would like to build a calendar for 2006 at the October meeting and asked staff to include on the October agenda. Mr. Worthington noticed a plaque on the wall by the Customer Service Counter recognizing businesses. He would like staff to provide the criteria used to consider businesses for the plaque. Ms. Flannery distributed a flyer to the members on the Fall Festival to be held Saturday in Wolfe Park. D. Director’s Report None. St. Louis Park Council Meeting Item: 011706 - 4g - PRAC Official Minutes Sept. 14, 2005 Page 7 7. Adjournment Moved by Mr. Hallfin and seconded by Mr. Johnson to adjourn. The motion passed 6-0. With no further business, the Commission adjourned at 8:29 p.m. Minutes prepared and respectfully submitted by, Stacy M. Voelker, Department Secretary St. Louis Park Council Meeting Item: 011706 - 4h - PRAC Official Minutes From Oct. 26, 2005 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION October 26, 2005 – 7 P.M. REC CENTER PROGRAMMING OFFICE MEMBERS PRESENT: Kirk Hawkinson, Dick Johnson, Steve Hallfin, Tom Worthington and George Foulkes MEMBERS ABSENT: Bruce Cornwall STAFF PRESENT: Cindy Walsh, Jenny Buskey, Carrie Haslerud 1. Call to order Tom Worthington, Chair, called the meeting to order at 7:05 p.m. 2. Adjustments to the agenda No adjustment were made to the agenda. 3. Approval of Minutes from September 14, 2005 Mr. Hawkinson moved to approve the minutes of the September 14, 2005 meeting, Mr. Hallfin seconded. The motion passed 5-0. 4. Little League Presentation – Steve Hallfin Mr. Hallfin, out-going Little League President, discussed with the Commission information about Little League in St. Louis Park. He advised that Little League in St. Louis Park started approximately 53 years ago when they began playing at Skippy Field. At one time there were three different Little Leagues in St. Louis Park but now there is only one. He advised that AAU is another baseball organization that is drawing its players from St. Louis Park impacting the number of strong players available for Little League. He informed the Commission that Little League is able to accommodate all youth (boys and girls) who want to play baseball in St. Louis Park and discussed the various leagues that Little League has to offer. Fields used by Little League are Skippy and Rotary. Mr. Hallfin explained that the City maintains the fields and Little League chalks and drags the infield. Each player pays a fee of $85 along with a $200 family volunteer deposit. Each family must volunteer 12 hours of time throughout the season in order to receive a refund. This year there were 320 players in Little League, about the same number as last year. Mr. Hallfin advised the Commission that the only paid staff hired by Little League is the umpires, the staff who run the concession stands and staff that chalk the fields. He stated that Little League is primarily a volunteer organization. In response to a question form Mr. Floulkes, Mr. Hallfin mentioned that there are scholarships available for players. St. Louis Park Council Meeting Item: 011706 - 4h - PRAC Official Minutes From Oct. 26, 2005 Page 2 Mr. Worthington inquired as to what the most difficult issues for Little League might be. Mr. Hallfin responded that volunteer time, and finding board members willing to put in the time are probably difficult issues. He also stated that baseball organizations in St. Louis Park are the only athletic organizations competing for the same group of children. He is working to create better communication and cooperation between the AAU and Little League organizations. Mr. Johnson inquired if there is much competition for fields. Ms. Walsh stated that there is still some competition. Mr. Hallfin stated that he has gone directly to AAU to find out when their tournaments will be so fields can be made available. He advised the commission that Rich DiMarco is the new Little League President. Hopefully, communication between the two groups can continue. Ms. Walsh commented that this kind of presentation is a better way to hear from the associations. Mr. Johnson maintained that the summit is still a good format as it promotes an exchange of ideas between the associations. Mr. Hallfin stated that it is nice for organizations to receive the yearly schedule that was given at the summit. Mr. Worthington inquired which organizations should be invited to the November meeting. After a short discussion it was decided that football and boys traveling basketball will be invited in December. Ms. Buskey will contact the organizations. 5. New Business A. Parktacular Ms. Buskey advised that she will be the liaison for Parktacular and that her first meeting was October 12, 2005. The Committee is trying to plan ahead to alleviate pressure from the last minute scramble as the event approaches. Mr. Johnson inquired as to what Ms. Buskey has determined to be the most difficult issues faced by the Committee and also what kinds of things are planned for 2006. Ms. Buskey indicated that the committee members all seem to get along really well but appear to be a little overwhelmed. Ms. Buskey stated that they simply need more people and more publicity. The president has a vision and is trying to get the rest of the Committee on board. Parktacular is working on incorporating more art, community and family activities into the celebration. Mr. Foulkes discussed various options for an art fair. Ms. Walsh indicated that the Friends of the Arts group may not be in favor of having an art fair in conjunction with Parktacular, but that they should be contacted if the Parktacular Committee is interested in pursuing an art fair or any other kind of art exhibits. Mr. Foulkes gave Ms. Buskey a business card with a contact name. Mr. Hallfin commented that the fishing event was great and that the parade is always good but that the big draw is to have a really good act at the band shell like High and Mighty. Ms. Buskey stated that the committee plans to continue with the things that consistently draw people in. Currently, the best events are City run. Mr. Johnson suggested further market research. St. Louis Park Council Meeting Item: 011706 - 4h - PRAC Official Minutes From Oct. 26, 2005 Page 3 B. Facility Usage Information Mr. Foulkes began the discussion by inquiring which facilities we rent and what is charged and how often it is booked. Ms Walsh advised that she had information on areas which are actively marketed, but specific numbers were not available for the Commission without further research. She indicated that many different kinds of facilities are available but some are not actively marketed. In response to a question from Ms. Walsh, Mr. Johnson stated that he would like to know what facilities there are, which facilities are marketed, how often they are used and for what activities. He also would like to know if there is something that could be added to make a facility more marketable and/or cost efficient. Mr. Hallfin addressed park crime issues. He stated that Carlson, Northside and Skippy were all broken into this year. The Commission agreed to invite the police to a future meeting for discussion on park crime prevention. This will be added as a future agenda item. C. PRAC 2006 Calendar of events The following are dates for the PRAC Commission calendar for 2006: November 16, 2005 PRAC Commission meeting December 14, 2005 PRAC Commission meeting (tentative) Mr. Foulkes will not be able to attend. January 18, 2006 PRAC Commission meeting February 15, 2006 PRAC Commission meeting March 15, 2006 PRAC Commission meeting April 19, 2006 PRAC Commission meeting May 17, 2006 PRAC Commission meeting May 18, 2006 Parks and Recreation Recognition Breakfast May 21, 2006 5 K and Ice Cream Social (?) August 5, 2006 Commissioners Swim and Skate (tentative). Mr. Johnson will not be able to attend. In response to a question from Mr. Johnson, the Commission agreed to continue the one-on-one association presentations. Ms. Walsh requested that a November agenda item be added to develop a list of questions for the associations. Mr. Johnson indicated that he would like feedback on the Joint Summit vs. one-on- one presentations from associations. The Commission will also try to highlight information pertaining to the association that is attending the Commission meeting. D. Business Recognition Criteria Discussion The Commission discussed concerns about giving special recognition to businesses and individuals without first developing specific guidelines or criteria. The Commission concluded that it would be difficult to administer accurately. Therefore, the Commission recommended that any kind of plaques or other kinds St. Louis Park Council Meeting Item: 011706 - 4h - PRAC Official Minutes From Oct. 26, 2005 Page 4 of recognition be removed until solid criteria can be developed and accurately administered. 6. Old Business A. CIP update Ms. Walsh stated that the new buildings at Browndale and Nelson are completed. She also mentioned that the parking flow at Nelson is much improved. In response to a question from Mr. Hallfin, Ms. Buskey re-capped the broomball league numbers and rink usage at Nelson. Mr. Hallfin commented that the Browndale Neighborhood is having its first event at the new building on Saturday. Ms. Walsh advised that the building is not yet available for use and explained that the contractor still has control of the building until he signs off that the work is complete. In response to a comment from Mr. Hallfin, Ms. Walsh advised that the Neighborhood Board made the decision to make the basketball court smaller. Ms. Walsh listed some of the other 2005 projects that are now in progress or complete: Cedar Knoll Park - first parking lot lift is complete. Paul Frank Field - concessions building reconstruction. Rec Center - retiling entry and remodeling bathrooms. The Council will approve the 2006 CIP budget in December. Ms. Walsh will have this available for the November meeting In response to a question from Mr. Worthington, Ms. Walsh advised that the Jr. High School has not mentioned any plans for the nearby field. Mr. Johnson inquired as to when the Lamplighter project will be finished? Ms. Walsh advised that she will contact Bill Thurston for more information but that Public Works should be finishing up soon. 7. Communications A. Chair Mr. Worthington advised that he attended the City Council meeting on excess City property. He informed the Commission that the Council is having a study session to readdress this issue at a future meeting. The Council will review each item individually rather than all together. B. Commissioners Mr. Hallfin advised the Commission regarding an article in the Sun/Sailor which involved the St. Louis Park Hockey Association. He explained that due to smaller numbers in the SLPHA they merged with SW Minneapolis at the “A” boys levels which affected some of the players at the “C” level who were left with no place to play in SLP. He explained that it is not uncommon for associations to merge. He stated that the “A” teams were chosen by a solid evaluation. Ms. Walsh added that the City of St. Louis Park does not regulate each association but does give St. Louis Park Council Meeting Item: 011706 - 4h - PRAC Official Minutes From Oct. 26, 2005 Page 5 priority to St. Louis Park groups for ice rental. Mr. Hallfin advised that some Council members have gotten calls and that the Commission might as well. Mr. Foulkes expressed concern that youth numbers in St. Louis Park activities are dwindling. He questioned how St. Louis Park programs will be affected. Mr. Hallfin advised that baseball numbers have reached a plateau in recent years. Ms. Walsh confirmed that most association numbers seem to have reached a plateau. Mr. Hawkinson mentioned that since St. Louis Park was recently named one of the top 100 communities for raising children in the U.S, perhaps young families will take notice and choose St. Louis Park creating a possible rise in youth numbers. In response to a question from Mr. Hawkinson, Ms. Walsh advised that she will bring information on the Oak Park Frisbee golf course to the next meeting. C. Program Report – Jenny Buskey Ms. Buskey advised the Commission that she had a large adult kickball league. There were 16 teams this fall. She advised that the league is officiated. The age bracket is 16 and up. The league included one high school team this fall and she may try to start a High School league next year. Ms. Buskey also informed the Commission that adult volleyball is going well and that the Goblin March and Boogie Concert is just around the corner. Mr. Hawkinson offered his assistance if still needed. The Winter Brochure is scheduled to go to the homes the week of November 7th Ms. Buskey stated that Parks and Recreation has started planning the New Year’s Eve program. D. Director’s Report Ms. Walsh advised the Commission that the date for the Browndale Building Grand Opening is December 28th at 6 p.m. and the Nelson Building Grand Opening is December 30th at 6 p.m. In response to a comment from Mr. Johnson, Ms Walsh mentioned that the Westwood Nature Center Halloween Party was a big success again this year. Future item, discussion with Police and other Youth Association Representatives. 8. Adjournment Moved by Mr. Foulkes and seconded by Mr. Hawkinson to adjourn. The motion passed 5-0. With no further business, the Commission adjourned at 8:42 p.m. Minutes prepared and respectfully submitted by, Carrie Haslerud Recording Secretary St. Louis Park Council Meeting Item: 011706 - 4i - HA Board Minutes Dec. 14, 2005 Page 1 MINUTES Housing Authority St. Louis Park City Hall, Westwood Room St. Louis Park, Minnesota Wednesday, December 14, 2005 5:00 p.m. MEMBERS PRESENT: Commissioners Andria Daniel, Steve Fillbrandt and Anne Mavity. Commissioner Catherine Courtney arrived at 5:08 p.m. STAFF PRESENT: Sharon Anderson, Jane Klesk, Kevin Locke, Martha McDonell and Michele Schnitker. 1. Call to Order Commissioner Mavity called the meeting to order at 5:06 p.m. 2. Approval of Minutes for November, 2005 The November 9, 2005 minutes were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. City of St. Louis Park Visioning Process – Martha McDonell Ms. McDonell presented a brief overview of the St. Louis Park Visioning Process, explaining how the Board can participate by providing input on how well the City is doing to maintain or improve the eight areas identified in the initial visioning process. b. Approval of Family Self-Sufficiency Coordinator Contract with Jewish Vocational Services Ms. Schnitker explained that the HA wishes to enter into an agreement with Jewish Vocational Services (JVS) to administer the TRAILS Family Self-Sufficiency program for the period January 1, 2006 through December 31, 2006, at an annual cost not to exceed $24,000. The services provided by JVS are comprehensive and meet the requirements of the TRAILS Program and its current participants. Commissioner Mavity moved for approval of the Family Self-Sufficiency Contract with Jewish Vocational Services, and Commissioner Fillbrandt seconded the motion. The motion passed 4-0, with Commissioners Courtney, Daniel, Fillbrandt and Mavity voting in favor. St. Louis Park Council Meeting Item: 011706 - 4i - HA Board Minutes Dec. 14, 2005 Page 2 c. Follow-Up to October 25, 2005 Board Strategic Planning Session Ms. Schnitker presented a report summarizing the primary discussion points and outlining proposed action steps resulting from the HA Board Strategic Planning Session. d. Review of Public Housing and Section 8 Housing Choice Voucher Waiting List Preferences Review of Public Housing and Section 8 Housing Choice Voucher Waiting List Preferences was tabled until the January 11, 2006 meeting. 7. Communications from Executive Director a. Claims List December – 2005 Commissioner Mavity moved for ratification of Claims List No. 12-2005, and Commissioner Daniel seconded the motion. The motion passed 4-0, with Commissioners Courtney, Daniel, Fillbrandt and Mavity voting in favor. b. Communications 1. Update – Excess Public Land Task Force 2. Action Plan 3. Monthly Report for December, 2005 4. Scattered Site Houses and Hamilton House (verbal report) 5. Draft Financial Statements - Report 8. Other 9. Adjournment Commissioner Daniel moved to adjourn the meeting, and Commissioner Fillbrandt seconded the motion. The motion passed 4-0, with Commissioners Courtney, Daniel, Fillbrandt and Mavity voting in favor. The meeting adjourned at 6:08 p.m. Respectfully submitted, Anne Mavity, Secretary St. Louis Park Council Meeting Item: 011706 - 5a - Appointments To Commissions Page 1 5a. Appointment of Citizen Representatives to Boards and Commissions Recommended Action: Motion to appoint one citizen representative to the Police Advisory Commission and one citizen representative to the Planning Commission to fill vacancies for the remainder of a 3 year term expiring December 31, 2006 Background: Council interviewed six applicants in December and Council will discuss future appointments at the Council Meeting. The Police Advisory Commission and the Planning Commission each have a vacancy that they would like to fill as soon as possible. Planning Commissioner Michelle Bisonnette and Police Advisory Commissioner Jasper Jonson resigned in 2005. Each of their commissions will expire on December 31, 2006. When a vacancy occurs in the middle of the term, the appointee completes the remainder of the appointment. Therefore, the citizen representatives filling these vacancies will serve until December 31, 2006. Recommendation: It is recommended that Council select and appoint a citizen representative for each commission to serve until the term expiration of December 31, 2006. Prepared By: Marcia Honold, Management Assistant Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 6a - Public Hearing Liquor License Bennigans Page 1 6a. Public Hearing to consider an intoxicating on-sale and Sunday sale liquor license for Steak and Ale of Minnesota. Inc, DBA Bennigans Request of Council to approve a liquor license for Steak and Ale of Minnesota, Inc. operating at Bennigans restaurant, 6475 Wayzata Boulevard in St. Louis Park. Recommended Action: Mayor to close public hearing. Motion to approve an intoxicating on-sale and Sunday sale liquor license for Steak and Ale of Minnesota, Inc., DBA Bennigans, 6475 Wayzata Boulevard. Background: Steak and Ale of Minnesota, Inc. DBA Bennigans has made application to the city for a liquor license to sell intoxicating beverages. An existing liquor license is currently in place for the premises, issued to Den-Way, Inc. which will expire February 28, 2006. The restaurant has continued operation under a management agreement between Den-Way, Inc. and Steak and Ale of Minnesota and is now requesting a new license to be issued which will finalize the new owner and operator at this location. The term of the license will be March 1, 2006 through February 28, 2007. The main principals involved are as follows: Jessica Ann Miller, Minneapolis Restaurant Manager Robert Chamberlain, Texas President and Director Charles Morrison, Texas Vice President The Public Hearing Notice was published January 5, 2006 and staff has received no calls in response to the notice. The Police Department has run a full background investigation and has found no reason to deny the license based on the investigation. Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 6b - Public Hearing Liquor License Vino 100 Page 1 6b. Public Hearing to consider granting an off-sale liquor license to Woody Vines Enterprises LLC, DBA Vino 100, 5601 Wayzata Boulevard, St. Louis Park, MN Recommended Action: Mayor to close the public hearing. Motion to approve an off-sale intoxicating liquor license. Background: Woody Vines Enterprises LLC, has made application to the City of St. Louis Park for an off-sale intoxicating liquor license located at 5601 Wayzata Boulevard near the intersection of I-394 and Park Place Blvd. The premises to be licensed will cover approximately 1,795 square feet of retail space for its Vino 100 store at this location. Michelle Markuson serves as Manager and Scott Baumann serves as Chief Manager. Markuson and Baumann entered into a partnership agreement to operate a Vino 100 franchise in St. Louis Park. They plan to open their store in March of 2006. Vino 100 is a franchise based business with numerous other locations nationwide. Existing or planned locations are in Minnesota, California, Texas, Florida, Missouri, Virginia, Illinois and New York. Vino 100 can be found on the Internet at www.vino100.com, where franchise organizers set out their mission, business model, etc. An obvious emphasis is placed on the sale of a rotating series of 100 wine varieties, all for $25 or less. Other Vino 100 stores offer wine tastings and “educational” events. The St. Louis Park store will offer wine only for sale along with wine-related accessories. The Police Department has run a full background investigation of Vino 100 and its partners and has found no reason to deny the license. Prepared By: Nancy Stroth, City Clerk Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 1 6c. Public Hearing on the Mn/DOT Trunk Highway 100 Temporary Lane Addition Project: State Project 2734-43 This Public Hearing is to provide an opportunity for the Minnesota Department of Transportation (Mn/DOT) to present the final layout for this proposed project Recommended Action: Mayor to close the Public Hearing Background: At the September 26, 2005 Study Session, Mn/DOT staff presented to Council their plan to address increasing congestion on HWY 100 in SLP by making temporary improvements to the highway. In simple terms, their proposal consisted of removing the clover leaf at HWY 7 and HWY 100 and replacing it with a diamond interchange with traffic signals on HWY 7 at each ramp intersection (2); the shoulders of HWY 100 would be converted to carry mainline traffic so there could be three through lanes in each direction with limited merging areas for on and off traffic. Mn/DOT staff expressed the desire to obtain SLP approval during 2005 so this project could be designed and constructed during 2006. They presented a project schedule (updated project schedule attached) showing project tasks, the Municipal Consent Approval Process, and a construction staging plan. Council expressed concerns that the temporary improvements proposed by Mn/DOT might mean a delay in the major reconstruction project earlier proposed, as well as concerns over increased noise, air quality impacts, local traffic and infrastructure impacts, the potential for decreased safety, and liability to the City for approval of this interim project. Mn/DOT staff, Wayne Norris, PE and Tom O’Keefe, PE, stated this project is essentially the first stage or phase in the eventual HWY 100 major reconstruction project – this work has to be done to facilitate or allow for that project to happen. It can either be done now or later on in conjunction with the reconstruction project. At the end of the Study Session, Council directed staff to communicate City concerns to Mn/DOT and request they be officially addressed. On August 29th, notice was published in the state Environmental Quality Board Monitor of the Mn/DOT Environmental Assessment Worksheet (EAW) for these temporary improvements to HWY 100. The 30 day comment period ran through Wednesday, September 28th. SLP staff has reviewed and submitted comments on the EAW. On November 1st, City Officials from the City of St. Louis Park and the City of Edina met with the Commissioner of Mn/DOT, Carol Molnau, to officially present the above noted concerns to Mn/DOT (copy attached). On November 2, city staff met with Mn/DOT staff to discuss the City concerns and what might be done to address them. Attached is the response we have received from Mn/DOT to these concerns. St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 2 On November 21st, the City of St. Louis Park received notice from Mn/DOT of a Negative Declaration regarding the need for an EIS for this proposed interim Hwy 100 project meaning this project does not have the potential for significant environmental effects and that an EIS is not required for these proposed improvements. Where potential environmental effects have been identified, they are being addressed in the detail design of the project or mitigative measures are being incorporated into the project design process. On November 22nd, Mn/DOT officially submitted (attached) the interim project to the City of St. Louis Park to begin the Municipal Consent Approval process. As a result, on December 5th the City scheduled a Public Hearing for January 17th for this project. Included with the Mn/DOT submittal on the 22nd was a crash analysis (also attached) providing a before and after safety analysis for the interim project. During December, staff reviewed the Mn/DOT submittal of November 22, particularly the construction staging plan. Based on that review, staff recently expressed concerns to Mn/DOT over possible traffic impacts to our local streets during construction due to various planned ramp/lane closures. Staff has prepared a memo with layout (attached) for each of the planned stages for this project showing the streets that may possibly be impacted by traffic shifts during construction. Mn/DOT staff is preparing a traffic control plan (not yet available) which attempts to prevent or minimize this. Regardless of the traffic controls used by Mn/DOT, it is expected there will be traffic impacts to adjacent local streets and it is not possible to predetermine what they will be or how significant they may be. As a part of Mn/DOT’s traffic control plan, they have requested Hennepin County allow the use of Minnetonka Boulevard (TH 100 – TH 169) as an official detour. If this is approved by the County, it will delay the County bridge replacement project at the “Hutch Spur Regional Trail” to the summer of 2007. Council is reminded of the West Lake Street/Dakota Avenue/Wooddale Avenue project street reconstruction project planned for this year. Should this project be delayed one year based on possible traffic impacts from the TH 100 project? On Thursday January 12th, Mn/DOT will host an Open House Meeting on this project. It is expected that Mn/DOT staff will provide a brief report on the Open House at the Public Hearing on the 17th. Issues: Staff has identified the follow issues that need further clarification by Mn/DOT at the Public Hearing or in the weeks ahead: 1. Do we know what streets may be impacted by shifting traffic during construction of the TH 100 interim project? What can be done to minimize that prior to construction; during construction? 2. Will the Minnetonka Boulevard bridge replacement project at the “Hutch Spur Regional Trail” be deferred to 2007? 3. Should the West Lake Street/Dakota Avenue/Wooddale Avenue reconstruction project be delayed to 2007? 4. What further public process may be needed in considering the Mn/DOT project? St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 3 Summary: In summary, no Council action is necessary at this Public Hearing. The Council has until April 17, 2006 to either approve (sample resolution attached) or disapprove of this project. If the Council does neither, then on April 17th the time period for action expires and the Mn/DOT project will be deemed approved. Staff will continue to discuss City concerns so they are addressed or mitigated by Mn/DOT to the extent possible. Staff will schedule a Study Session update on this project in late February or early March unless Council desires otherwise. Municipal Consent Process: The following steps have been identified to respond to Mn/DOT’s Municipal Consent Request dated November 22, 2005: 1. Mn/DOT hosts an Open House Meeting - January 12, 2006 2. City conducts a Public Hearing - January 17, 2006 3. City to approve or disapprove the Mn/DOT request within 90 days of the Public Hearing or let the time period expire in which case it is deemed approved - April 17, 2006 Attachments: Revised project schedule (January 2006) City Concerns Memo With Construction Staging Plans / - Possible Traffic Impact Areas (6) (Supplement) Municipal Consent Request of November 22, 2005 (Supplement) • Request Letter • Sample Resolution for Project Approval • Mn/DOT Crash Analysis • Photo Renditions of Interim Project Mn/DOT’s response to City concerns Prepared By: Michael P. Rardin, Public Works Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 4 TH 100 Temporary Lane Project Schedule St. Louis Park City Council – January 17, 2006 Project Development / Implementation Schedule: EAW Comment Period – ended Sept. 28, 2005 Mn/DOT Staff Approved Layout – Nov. 2005 Project Plans Turn-in – Jan./Feb. 2006 Project Letting – April 28, 2006 Award and Construction Start – May 2006 • Stage 1 – May 2006 to June 2006 • Stage 2 – June 2006 to Aug. 2006 • Stage 3 – Aug. 2006 to Sept. 2006 • Stage 4 – late Sept. / early Oct. 2006 • Stage 5 – early Oct. 2006 Construction Finish – Fall 2006 Municipal Consent Approval Process Schedule: • Access changes • Capacity increases or decreases • Acquisition of permanent rights-of-way City Council Work Session – Sept. 26, 2005 Municipal Consent Package to City – Nov. 22, 2005 City Schedules Public Hearing – Dec. 5, 2005 Mn/DOT Open House – January 12, 2006 Public Hearing – January 17, 2006 City Council Approval/Disapproval – no later than April 17, 2006 St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 5 City Concerns Concern – Increased Noise/Air Pollution for Adjacent Properties. Possible Solution - Noise walls or other mitigation measures. Mn/DOT Response: Concern – Flooding / Storm Water Quality. Possible Solution – MnDOT should comply with City and watershed requirements. Mn/DOT Response: MCWD and SLP storm water requirements will be met. It appears grit chambers mat be utilized on the north end of the interim project and ponds near the south end of the project. Concern - Unnecessary Construction / Traffic Delays / Unnecessary Left Turns onto Hwy 100. Possible Solution – Design and construct the final interchange at Hwy 7 now. Mn/DOT Response: Concern - Traffic on Neighborhood Streets. Possible Solution - Perform Traffic Study, monitor changes, mitigate problems. Probable Mn/DOT Response: Concern – Emergency Vehicle Access. Possible Solution – Provide Opportunity for Emergency Vehicles to Use Shoulders. Mn/DOT Response: Concern – Narrow Lanes Jeopardize Safety. Possible Solution – Evaluate Safety Concerns before Starting Project. Mn/DOT Response: Mn/DOT has prepared and presented to the City a crash analysis indicating safety will be improved as a result of this project. Concern – Legal Liability. Possible Solution – Hold City Harmless. Mn/DOT Response: Concern – Lack of Public Process. Possible Solution – Additional Public Process. Mn/DOT Response: Concern – Exit Ramp Flooding. Possible Solution – Repair Pavement / Restore Drainage. Mn/DOT Response: Mn/DOT has included this in the interim project. Concern – Deterioration of Utica Avenue. Possible Solution -Mn/DOT Repairs Utica Avenue. Mn/DOT Response: St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 6 Concern – Hardship to Nearby Homeowners. Possible Solution - Mn/DOT Acquisition of Homes. Mn/DOT Response: Concern – Pedestrian Crossing Delayed. Possible Solution – Mn/DOT Funds Pedestrian Crossing. Mn/DOT Response: Mn/DOT will include the portion of the trail lying on their right of way near the historic property north of the railroad tracks up to Toledo Ave S. Concern – Long-term Reconstruction Solution Delayed. Possible Solution – Written commitment by the Commissioner and Governor to the Long- term Solution. Mn/DOT Response: Concern – Timing of Highway 7/Wooddale Interchange. Possible Solution – Fund Interchange for 2009 Construction. Mn/DOT Response: Concern - Additional Wear on Wooddale Avenue. Possible Solution – Set Aside Funds For Pavement Replacement. Mn/DOT Response: St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 7 MEMORANDUM DATE: November 23, 2005 TO: Mike Rardin, Director of Public Works FROM: Scott Brink, City Engineer SUBJECT: Mn/DOT T.H. 100 INTERIM IMPROVEMENT PROJECT CONSTRUCTION STAGING AND IMPACTS The Minnesota Department of Transportation (Mn/DOT) has provided preliminary staging plans for the proposed interim improvements to T.H. 100. The project essentially provides for the adding of a third through lane in each direction, and is proposed to be under construction from mid-May to October, 2006. During the course of this construction, there will be significant traffic impacts to local streets. In addition to the work on the mainline of T.H. 100 itself, various temporary ramp closures will divert significant amounts of traffic to various other locations that already experience congestion. In particular, temporary ramp closures at Minnetonka Boulevard and T.H. 7/T.H. 25 will cause the routing of traffic to other intersections that already experience congestion such as CSAH 25/Ottawa/Beltline and TH 7/Wooddale. Congestion will be significant, particularly during peak periods. Staff has provided input to MnDOT to lessen the severity of the temporary congestions as much as possible. As a result, MnDOT has provided a draft staging plan for the City’s review. Following is a table that summarizes the staging plan and related impacts. Stage 1 (May 15 to June 15) Const/Ramp Closure Impacts/Comments NB 100 to WB 7 Additional traffic to 36th/ /Wooddale/T.H. 7. This is a movement that already experiences heavy congestion. NB 100 to EB 25 Additional traffic to Excelsior, 36th, or to Mtka Blvd. WB 25 to NB 100 Additional traffic to Ottawa and Mtka Blvd. SB 100 to Mtka Blvd Additional Traffic to TH 7 ramps, including increased use of Wooddale and Dakota or Lake to reach Mtka Blvd. SB 100 traffic may also utilize Utica and proceed west and south into neighborhoods. Utica Slip to SB 100 Would force more traffic into neighborhoods; Recommend leaving open as much as possible in order to lessen traffic into the neighborhood. St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 8 Summary of Stage 1: Closure of SB ramp to Minnetonka Boulevard will cause more traffic to filter into neighborhoods, both east and west of TH 100, by using Utica and East Frontage Road. Diversion of traffic from SB 100 to Mtka Blvd ramp will also divert traffic to TH 7 ramps and will increase traffic at TH 7/Wooddale and CSAH 25/Ottawa/Beltline intersections. These intersections already operate at a low level of service. In addition, the NB 100 to WB 7 movement via 36th Street and Wooddale will only get worse during this phase. Stage 2 (June 15 to August 15) Const/Ramp Closure Impacts/Comments SB 100 to WB 7 Additional traffic to Mtka Blvd, Lake Street, Wooddale or to Excelsior Blvd WB 25 to SB 100 Additional traffic to Ottawa/Beltline/36th/Monterey and to Wooddale. NB 100 to Mtka Blvd NB 100 traffic will likely divert to Ottawa/CSAH 25 and TH 7/Wooddale. NB slip ramp to 25 ½ Street will also likely see increases. Mtka Blvd to SB 100 Additional Traffic to Wooddale/TH 7 and Ottawa/CSAH 25. Added congestion to intersections with an existing low level of service. Mtka Blvd to NB 100 More traffic to Ottawa/CSAH 25 to NB 100. More traffic through neighborhood north of Minnetonka Blvd. and east frontage road. Summary of Stage 2: The inability of traffic to enter TH 100 from Minnetonka Boulevard will likely cause the most significant traffic problem in this phase. Again, the Ottawa/Beltline/CSAH 25 intersection will see more traffic, particularly from the north, as vehicles pass through this intersection to try to get to TH 100 since the access from Minnetonka Blvd is closed. Traffic will also divert to Lake Street (or Mtka Blvd to Dakota) and Wooddale to TH 7, as well as likely cause more traffic to enter the neighborhood north of Minnetonka Boulevard and east of TH 100. Northbound TH 100 traffic that normally exiting at Minnetonka Boulevard will also cause increased volumes at Ottawa/CSAH 25 and TH 7/Wooddale. Stage 2A (August 15 to August 30) Const/Ramp Closure Impacts/Comments SB 100 to EB 25 Traffic will instead exit at Minnetonka Blvd and go east to Ottawa to CSAH 25 or straight east to CSAH 25. Some traffic may go to Excelsior Blvd. EB 7 to NB 100 Traffic from the west will likely divert to Lake Street and Minnetonka Boulevard to access TH 100 and go north or to Ottawa to CSAH 25. EB 7 to SB 100 Traffic likely to divert south on Wooddale to TH 100 from Wooddale/TH 7 intersection. Summary of Stage 2A: This stage is for only two weeks as it would appear that Mn/DOT is and should be trying to keep these ramps open as long as possible and close only when necessary. Impacts will be significant, but appear to be less severe and shorter than the other stages. St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 9 Stage 3 (Sept 1 to Sept 28) Const/Ramp Closure Impacts/Comments No Ramp Closures Shown The majority of work during this phase appears to be center median work on the TH 100 mainline and some widening of TH 7. All ramps appear to be in service. However, capacity of TH 100 (particularly in the SB direction) will be low and TH 7 will be squeezed to one lane in each direction, thus reducing capacity as well. Stage 4 (Weekend: Sept 30/Oct 1) Const/Ramp Closure Impacts/Comments Entire SB 100 Mainline closed for the weekend for mill and overlay. All connections to SB 100 closed. Significant local and regional impacts during weekend. Stage 5 (Weekend: Oct 7/Oct 8) Const/Ramp Closure Impacts/Comments Entire NB 100 Mainline closed for the weekend for mill and overlay. All connections to NB 100 closed. Significant local and regional impacts during weekend. Summary The TH 100 Interim Improvements will impact local and regional traffic significantly during the course of construction. Local impacts may be summarized as follows: 1. In addition to specific impacts caused by the ramp closures themselves as explained above, construction of the mainline itself will result in delays and traffic diverting to other locations, both locally and regionally. 2. The specific impacts related to ramp closures as explained above identify only local impact areas in closer proximity to TH 100. Other local collector streets such as Louisiana Avenue, Texas Avenue, Dakota Avenue, Cedar Lake Road, and other streets will likely experience related impacts as well. 3. Existing points of congestion will become much worse during the course of construction. In particular the Ottawa/Beltline/CSAH 25 and TH 7/Wooddale intersections will experience elevated amounts of congestion during the project. Neighborhoods (particularly those north of Minnetonka Boulevard on both sides of TH 100) will also likely see higher levels of traffic. 4. Special consideration must be given to other improvement projects that are scheduled to be constructed in 2006. Known projects at this time are the reconstruction of Lake Street from Minnetonka Boulevard to Wooddale and Walker Streets, Wooddale from TH 7 to Lake Street, Dakota from Lake Street to 33rd Street, and replacement of the Minnetonka Boulevard Bridge between Texas and Aquila. St. Louis Park Council Meeting Item: 011706 - 6c - Public Hearing - TH 100 Interim Improvement Project Page 10 5. Presently, NB 100 traffic utilizes 36th Street and Wooddale to TH 7 and points beyond as a detour, and congestion is significant during the peak period. With the TH 100 Interim Project construction, it is expected that this condition will only worsen during construction. It is also expected that re-development of the Hoigaard’s site will be occurring at this time as well. 6. On a more positive note, no construction on Excelsior Boulevard (including the ramps at TH 100) will be occurring in 2006. This will allow for some traffic diversion that was difficult during much of 2005. Suggested Recommendations 1. Work with Mn/DOT to further limit or shorten the time the specific ramps or traffic movements can be closed. Continue to review the timing of specific ramp closures relative to other ramp closures and/or combinations thereof. 2. Work with Mn/DOT to construct temporary ramps in locations where this may be possible. 3. Re-evaluate scheduling of other local improvements that are in close proximity. 4. Mn/DOT shall provide detour plans. St. Louis Park City Council Meeting Item: 011706 - 8a - Bid Tab Meshed Wireless Broadband Network Page 1 8a. Bid Tabulation: Pilot Meshed Wireless Broadband Network. Recommended Action Motion to authorize execution of a contract with Ingenious Network Solutions, Inc. (d.b.a. First Mile Wireless, Inc.) for the purchase of a pilot meshed wireless broadband network in an amount not to exceed $133,171.00, contingent upon execution of a pilot partnership agreement to deliver broadband access and public safety and service applications over a meshed wireless broadband network (see this related item later in agenda). BACKGROUND: At its December 5, 2006 meeting, Council authorized staff to advertise for bids and proposals for a pilot project for wireless high-speed Internet service at a cost not to exceed $280,000 with the intention of subsequently establishing a citywide wireless high- speed Internet service unless the results of the pilot study suggest that it is unadvisable to proceed further. In addition to standard advertising, e-mails were sent to several firms which are either known to be qualified in this area or which expressed interest in this project. Those e-mails were sent on December 6, 2005 to provide vendors a full 30 days to respond if interested. This report relates to bids related to equipment necessary to implement the pilot meshed wireless broadband network. This equipment includes radios, gateways, related software, subscriber bridges, and miscellaneous items necessary to establish the pilot program in 4 areas of the City. PILOT PROJECT: The pilot project includes several objectives, goals, and action steps. In summary, this pilot is intended to test many of the technical and operational conclusions of the wireless study and provide a platform to move to a city-wide implementation. Here are some of the highlights of what is included in proposed pilot project: • 4 residential areas • 1 business area (which is part of a residential neighborhood) • 1 multiple-dwelling building (apartment, condo, other) area • Public safety and public services application testing • Educational testing (e.g., Power School) • Test various City geographies / structures / current access to high-speed Internet • Pilot in each of the four wards • Encourage various private firms to participate • Refine plans and customer materials in anticipation of citywide implementation • The estimated time frame for municipal, educational, citizen, and business use of the pilot is March – May 2006 St. Louis Park City Council Meeting Item: 011706 - 8a - Bid Tab Meshed Wireless Broadband Network Page 2 • Service to the Pilot areas is to continue through citywide build out (if directed by Council) without interruption • The estimated cost of a pilot project is approximately $280,000, which is provided through an internal loan from the Economic Development Fund • The pilot project is structured such that the investment would be carried forward and not duplicated in a citywide project. A citywide project is estimated to cost approximately $4.445 million • It is intended that all monies borrowed for a citywide project be repaid by only those who choose to subscribe to a wireless high-speed Internet service and municipal uses, not from general property taxes (i.e., those who use the service pay for it) Four bids were received on January 9, 2006 for a meshed wireless broadband network. These bids came from Wincomm Technologies, Firetide, Ingenious Network Solutions, and Motorola, Inc. The Wincomm Technologies and Firetide bids disqualified themselves per lack of a bid bond. A summary of the remaining bid results is as follows: Bidder Bid Amount Ingenious Network Solutions $133,171.00 Motorola, Inc. $280,000.00 Financial Considerations: The budget for the pilot project approved by Council is $280,000. The not to exceed bid amount of $133,171 reflects general consistency with the estimate for this equipment portion of the pilot project. The remaining budget amount would be applied to the management partnership agreement designed to deliver services during the pilot project. Recommendation: Staff recommends that the contract be awarded to Ingenious Network Solutions, Inc. (d.b.a. First Mile Wireless, Inc.), for the purchase of a pilot meshed wireless broadband network in an amount not to exceed $133,171.00, contingent upon execution of a pilot partnership agreement to deliver broadband access and public safety and service applications over a meshed wireless broadband network. Similar successful network installations by Ingenious Network Solutions, Inc. include Chaska, Moorhead, Grand Marais, and Shawano, Wisconsin. Reference checks have also reflected satisfaction with their work. Prepared by: Clint Pires, Director of Technology and Support Services Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 011706 - 8b - Partnership To Deliver Broadband Access And Public Safety And Service Applications Over A Meshed Wireless Broadband Network Page 1 8b. Partnership to Deliver Broadband Access and Public Safety and Service Applications Over a Meshed Wireless Network Recommended Action: Motion to authorize staff to negotiate and execute an agreement with Unplugged Cities for the provision of services related to a pilot partnership agreement to deliver broadband access and public safety and service applications over a meshed wireless broadband network, and to pursue negotiations with another organization that submitted an attractive response to the RFP in the event that a mutually agreeable contract cannot be reached with Unplugged Cities. BACKGROUND: At its December 5, 2006 meeting, Council authorized staff to advertise for bids and proposals for a pilot project for wireless high-speed Internet service at a cost not to exceed $280,000 with the intention of subsequently establishing a citywide wireless high-speed Internet service unless the results of the pilot study suggest that it is unadvisable to proceed further. In addition to standard advertising, e-mails were sent to several firms which are either known to be qualified in this area or which expressed interest in this project. Those e-mails were sent on December 6, 2005 to provide vendors a full 30 days to respond if interested. This report relates to proposals to provide broadband access and public safety and service applications over a meshed wireless broadband network equipment necessary to implement the pilot project. This proposal complements the wireless mesh network equipment and includes services to conduct the pilot program in 4 areas of the City. PILOT PROJECT: The pilot project includes several objectives, goals, and action steps. In summary, this pilot is intended to test many of the technical and operational conclusions of the wireless study and provide a platform to move to a city-wide implementation. Here are some of the highlights of what is included in proposed pilot project: • 4 residential areas • 1 business area (which is part of a residential neighborhood) • 1 multiple-dwelling building (apartment, condo, other) area • Public safety and public services application testing • Educational testing (e.g., Power School) • Test various City geographies / structures / current access to high-speed Internet • Pilot in each of the four wards • Encourage various private firms to participate • Refine plans and customer materials in anticipation of citywide implementation St. Louis Park Council Meeting Item: 011706 - 8b - Partnership To Deliver Broadband Access And Public Safety And Service Applications Over A Meshed Wireless Broadband Network Page 2 • The estimated time frame for municipal, educational, citizen, and business use of the pilot is March – May 2006 • Service to the Pilot areas is to continue through citywide build out (if directed by Council) without interruption • The estimated cost of a pilot project is approximately $280,000, which is provided through an internal loan from the Economic Development Fund • The pilot project is structured such that the investment would be carried forward and not duplicated in a citywide project. A citywide project is estimated to cost approximately $4.445 million • It is intended that all monies borrowed for a citywide project be repaid by only those who choose to subscribe to a wireless high-speed Internet service and municipal uses, not from general property taxes (i.e., those who use the service pay for it) Staff is pleased to inform Council that eleven proposals were received on January 9, 2006 for the partnership. The proposals came from the following organizations: • Norlight Telecommunications, Inc. • Johnson Controls • Ricochet • Vack, Inc. / Wachter / Belair Networks • USI Wireless • City of Chaska • Unplugged Cities • Multiband • Sprint • ip:House • Neoreach / Moblepro ANALYSIS OF PROPOSALS: Staff has been reviewing proposals since their receipt on January 9. This has included an in- depth analysis of the proposals compared to service and information requirements set forth in the Request for Proposal (RFP). Of particular importance is the match with project objectives and goals, as well as each organization’s ability to provide the following core services as outlined in the RFP: 1. Help Desk • Answer technical questions regarding: - Hardware - Wireless bridge problems - Cable issues - Wireless access - Software issues St. Louis Park Council Meeting Item: 011706 - 8b - Partnership To Deliver Broadband Access And Public Safety And Service Applications Over A Meshed Wireless Broadband Network Page 3 - Navigating the net and your computer - Log on issues • Provide 24 x 7 staff availability • Support billing inquiries • Provide bi-weekly reports 2. ISP Hosting • Provide and maintain servers • Provide and maintain ISP connection (redundant) • Incorporate disaster recovery • Provide physical facilities for back-office equipment • Monitor the network • Provide website content and links/keeping it current • Track customer sign-ins • Provide data file for St. Louis Park billing • Provide bi-weekly reports • Respond to subpoenas regarding consumer traffic • Account creation and maintenance • Email service and support • MAC address authentication and maintenance • Security practices • Email forwarding solutions • Roaming to/from other systems • Provide DCHP and static IP’s • Support of multiple connections (i.e. laptop, PDA, other) • Support of one-time visitors • Parental controls • Web page hosting 3. Network Operations • Provide 7 x 24 network monitoring • Conduct maintenance on back-office equipment & servers • Provide bi-weekly reports 4. Retail ISP • Lease network access from St. Louis Park on a per customer basis • Conduct sales and marketing • Operate the ISP business • Issue bills and collect payments • Respond to subpoenas regarding consumer traffic • Provide bi-weekly reports (service levels and customers) St. Louis Park Council Meeting Item: 011706 - 8b - Partnership To Deliver Broadband Access And Public Safety And Service Applications Over A Meshed Wireless Broadband Network Page 4 • Account creation and maintenance • Email service and support • MAC address authentication and maintenance • Security practices • Email forwarding solutions (upon termination of pilot, citywide implementation, or other domain changes) • Roaming to/from other systems • Provide DCHP and static IP’s • Support of one-time visitors • Support of multiple connections (i.e ., laptop, PDA, other) • Parental controls • Web page hosting 5. Shared benefits for Public safety-service applications. 6. Provide redundant access to the Internet. 7. Email forwarding (domain name change) Each partnership proposal was to provide details on the proposed services, potential contract and partnership terms, and fees. Staff’s analysis concludes that a number of the proposals provided significant information and descriptions with respect to objectives, goals, and proposed services. These proposals hold significant promise relative to this pilot project. Following review, analysis and meetings among the review team, and follow-up research, staff concludes that Unplugged Cities presented the most compelling, complete, and appropriate proposal relative to the St. Louis Park wireless project. Major reasons for this conclusion include: 1. Unplugged Cities was the most responsive to specific information requests in the RFP. 2. Unplugged Cities illustrated the best learning about St. Louis Park’s community interest in high speed wireless Internet services. 3. Extent to which Unplugged Cities addressed the project objectives. 4. Extent to which Unplugged Cities addressed core services identified in the RFP. 5. Level of detail Unplugged Cities provided in how they propose to address project objectives and core services. 6. Understanding of tiered subscriber service / rate objectives and implications for cash flow needs. 7. Technical options for providing Internet service during the pilot phase that offer efficiencies and expandability. 8. The details and stated desire of Unplugged Cities to share in marketing efforts with the City. 9. Responsiveness in the proposal to 24 x 7 help desk support expectations for St. Louis Park. St. Louis Park Council Meeting Item: 011706 - 8b - Partnership To Deliver Broadband Access And Public Safety And Service Applications Over A Meshed Wireless Broadband Network Page 5 10. Technical subscriber service options to support e-mail address changes and relay services to ease subscriber transition. 11. Willingness of Unplugged Cities to make its own financial investment in staff and equipment and therefore share the risks inherent in any project like this. 12. Ability of Unplugged Cities to meet the objectives and core services of the pilot within project budget targets. 13. Unplugged Cities meets the objective of forming a private – public partnership. Unplugged Cities’ client base has been focused on the hospitality industry and campus support. St. Louis Park would be its first City client. Unplugged Cities also happens to be a member of the TwinWest Chamber of Commerce. FINANCIAL CONSIDERATIONS: The budget for the pilot project approved by Council is $280,000. The not to exceed bid amount of $133,171 for equipment reflects general consistency with the estimate for this equipment portion of the pilot project. The remaining budget amount was allocated for the management partnership agreement designed to deliver services during the pilot project. RECOMMENDATION: Based on the above analysis of proposals and financial considerations, it is recommended that Council authorize staff to complete negotiations of a contract with Unplugged Cities to deliver broadband access and public safety and service applications over a meshed wireless network during the pilot phase of this project. These negotiations would explore and settle a number of important topics including further analysis of financial, operational, and technical capabilities. In the event that a mutually agreeable contract cannot be reached with Unplugged Cities (including current project budget parameters), it is further recommended that Council authorize staff to pursue negotiations with other organizations that submitted an attractive response to the RFP. In that event, staff would return to Council with further analysis and recommendations. Prepared by: Clint Pires, Director of Technology and Support Services Approved by: Tom Harmening, City Manager