Loading...
HomeMy WebLinkAbout2006/02/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 21, 2006 7:30 PM 6:15 p.m. Boards and Commission Interviews –Boxed Lunches 7:00 p.m. EDA Meeting 7:30 p.m. City Council Meeting 1. Call to Order 1a. Pledge of Allegiance 2b. Roll Call 2. Presentations 3. Approval of Minutes 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 two citizen representatives to the Police Advisory Commission. 6. Public Hearings 6a. Public Hearing to Consider Allocation of 2006 Community Development Block Grant Funds (CDBG) and Proposed Reallocation of $57,500 of 2004 CDBG Funds Resolution approving the proposed use of $213,302 of 2006 Urban Hennepin County CDBG Funds, reallocation of 2004 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements. Recommended Action: Mayor to close the public hearing. Motion to adopt the Resolution approving proposed use of funds for 2006 Urban Hennepin County Community Development Block Grant funds, reallocation of 2004 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements 6b. Public Hearing - Modification of the Elmwood Village Tax Increment Finance District Plan to include the Hoigaard Village Project. This report considers a resolution adopting the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District to include the proposed Hoigaard Village project site. Recommended Action: Open / close Public Hearing. Motion to approve the resolution adopting the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Granite City Food and Brewery – Major Amendment to a Planned Unit Development (Tower Place PUD) Case No. 05-75-PUD Granite City Food and Brewery, Ltd. Recommended Action: Motion to adopt a resolution approving a major amendment for changes to the building footprint at 5500 Excelsior Blvd. (Timberlodge Steakhouse, now known as Granite City Food and Brewery), subject to conditions in the resolution. 8b. Police Officer Union Contract: January 1, 2006 – December 31, 2006 A one year agreement between the City and the Police Officers Union for 2006. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) Local #206, establishing terms and conditions of employment for one year, from 1/1/06 – 12/31/06. 8c. International Union of Operating Engineers (IUOE) Local 49 Union Contract: January 1, 2006 – December 31, 2007 A two year agreement between the City and the IUOE Union for 2006 and 2007. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and the International Union of Operating Engineers (IUOE) Local #49, establishing terms and conditions of employment for two years, from 1/1/06 – 12/31/07. 8d. Public Safety Dispatcher Union Contract: January 1, 2006 – December 31, 2007 A two year agreement between the City and the Dispatchers Union for 2006 and 2007. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) Local #220, establishing terms and conditions of employment for two years, from 1/1/06 – 12/31/07. 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 February 21, 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 designate B.J. Haines Tree Service as the lowest responsible bidder and authorize execution of a contract for the 2006 Boulevard Tree and Stump Removal Program in an amount not to exceed $118,286.00. 4b. Motion to designate B.J. Haines Tree Service as the lowest responsible bidder and authorize execution of a contract for the 2006 private diseased tree removal program in an amount not to exceed $166,635.50. 4c. Motion to approve transfer of $280,000 from the Permanent Improvement Revolving (PIR) Fund to the Wireless Enterprise Fund 4d. Motion to approve Resolutions authorizing Gambling Premises Permit for Community Charities of Minnesota operating at : Park Tavern Lanes & Lounge, 3401 Louisiana Ave. and TexaTonka Lanes, 8200 Minnetonka Boulevard 4e. Motion to approve Resolution for a variance to allow an addition for the property located at 2537 Inglewood Ave. S. John White applicant Case No. 05-68-VAR 4f. Motion to authorize the execution of the REBA (Retirement Enhancement and Benefit Alternatives Program) Joint Powers Agreement. 4g. Motion to accept Resolution for Final Payment to Ron Kassa Construction, Inc. for Random Curb and Gutter. City Project No. 2005-0004 Contract No. 121-05 4h. Motion to accept Resolution for Final Payment toValley Paving, Inc. for 2005 MSA Street Rehabilitation Project. City Project No. 2004-1100 Contract No. 77-05 4i. Motion to adapt Resolution requesting the Minnesota Department of Transportation to grant a variance from Municipal State Aid Standards – Quentin Avenue from Excelsior Boulevard to Wooddale Avenue. Project 2006-1100 4j. Motion to approve a resolution supporting the Nurturing Our Retired Citizens’ (NORC) grant application to the Minnesota Department of Human Services 4k. Motion to accept Park and Recreation Advisory Commission Minutes of November 16, 2005 for filing 4l. Motion to accept Fire Civil Service Commission Minutes of August 3, 2005 for filing 4m. Motion to accept Housing Authority Minutes of January 11, 2006 for filing 4n. Motion to accept Planning Commission Minutes of January 18, 2006 for filing 4o. Motion to accept Telecommunication Minutes of December 8, 2005 for filing 4p. Motion to accept vendor claims for filing. (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING ***February 21, 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: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 6, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Loran Paprocki and Susan Sanger Councilmember Paul Omodt was absent. Staff present: Associate Planner (Mr. Fulton), City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Director of Inspections (Mr. Hoffman), Director of Parks & Rec. (Ms. Walsh), Housing Program Coordinator (Ms. Larsen), Planning/Zoning Supervisor (Ms. McMonigal), and Recording Secretary (Ms. Stegora- Peterson). 2. Presentations - None 3. Approval of Minutes 3a. City Council Minutes of December 19, 2005 Councilmember Finkelstein indicated on page twelve, second paragraph (regarding PPL); replace “agreement” with “negotiation process.” The minutes were approved as corrected. 3b. Study Session Minutes of January 9, 2006 The minutes were approved as submitted. 3c. City Council Minutes of January 17, 2006 Councilmember Sanger indicated on page 12, the motion was passed on a 4-1 vote, but six people were present. Councilmember Basill believed Councilmember Omodt might have stepped out of the room when the vote was taken. Councilmember Sanger asked the minutes reflect that. The minutes were approved as corrected. 3d. Study Session Minutes of January 23, 2006 Councilmember Finkelstein noted under Item 4, paragraph five, end of first sentence, add “but with no commitment at this point in time as to when they would start the public process on the sidewalk. They needed to see what other projects were first in line.” St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 2 Councilmember Sanger stated under Item 3, first paragraph, to clarify the pedestrian crossing “at Ottawa Avenue.” The minutes were approved as corrected. 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. Authorize staff to execute an Agreement with Unplugged Cities related to partnership to deliver Broadband Access and Public Safety and Service Applications over a Meshed Wireless Network in an amount not to exceed $26,000. 4b. Item was removed. 4c. Adopt Agreement between the Friends of the Arts and the City of St. Louis Park. 4d. Approve Resolution No. 06-017 establishing a special assessment for the installation of a fire suppression sprinkler system at 4300 36½ Street, St. Louis Park, MN 55416, rescinding Resolution No. 04-143 adopted December 6, 2004. 4e. Approve Resolution No. 06-018 establishing a special assessment for the installation of a fire suppression sprinkler system at 4003 Wooddale Avenue, St. Louis Park, MN. 4f. Approve Resolution No. 06-024 for year 2006 Liquor License Renewals for license year to run March 1, 2006 through February 28, 2007. 4g. Adopt Resolution No. 06-025 approving a minor amendment to a Planned Unit Development (Tower Place PUD) for exterior changes at 5500 Excelsior Blvd. (Timberlodge Steakhouse, now known as Granite City Food and Brewery). Case No. 05-75-CUP 4h. Approve Resolution No. 06-026 to designate Marcia Honold as the Deputy City Clerk in the absence of the City Clerk. 4i. Approve a Resolution No. 06-021 supporting the City of St. Louis Park’s application to the Minnesota Housing and Finance Agency (MHFA) for assistance in funding the citywide inspection “home rehab program. 4j. Adopt Resolution No.’s 06-028 through 06-037 Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager. 4k. Approve Resolution No. 06-038 for Final Payment to Cool Air Mechanical for replacement of HVAC. City Project No. 2005-1600 Contract No. 112-05 4l. Designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to authorize execution of a contract for the 2006 Arbotect 20-S Elm injection program at a cost of $12.15 per diameter inch. 4m. Accept Board of Zoning Appeals Minutes of September 22, 2005 for filing. 4n. Accept Board of Zoning Appeals Minutes of October 27, 2005 for filing. 4o. Accept Board of Zoning Appeals Minutes of January 5, 2006 for filing. 4p. Accept Human Rights Commission Minutes of November 16, 2005 for filing. 4q. Accept Human Rights Commission Minutes of December 21, 2005 for filing. 4r. Accept Planning Commission Minutes of December 21, 2005 for filing. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 3 4s. Accept Planning Commission Minutes of January 4, 2006 for filing. 4t. Accept vendor claims for filing (supplement). It was moved by Councilmember Finkelstein, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions 5a. Appointment of Citizen Representatives to Boards and Commissions Mayor Jacobs thanked those who served on the boards and commissions. It was moved by Councilmember Finkelstein, seconded by Councilmember Carver to appoint the following citizen representatives: Commission Appointed Member Term Expires Planning Commission Richard Person December 31, 2006 CEAC - Community Education Advisory Council Joe Tatalovich June 30, 2008 PRAC – Parks and Recreation Advisory Commission George Hagmund December 31, 2007 Nick Magrino – youth member December 31, 2007 PAC – Police Advisory Commission Richard Markgraf December 31, 2006 HRC – Human Rights Commission Mindy Green December 31, 2006 The motion passed 6-0. Councilmember Finkelstein noted they had additional openings and were doing more interviews. Mayor Jacobs added there were additional opening on the Human Rights. If interested, contact the City Clerk’s Office. 6. Public Hearings 6a. Public Hearing to consider an appeal of the Board of Zoning Appeals denial (2-2 vote) of a variance from the Zoning Ordinance to allow an addition. Mr. Morrison presented the staff report. Mayor Jacobs opened the public hearing. John White, applicant, stated a goal of the Council is to promote a balanced and sustainable housing stock to meet diverse needs including remodels which add more bedrooms, more bathrooms, 2+ garages, which they were trying to do. Their lot width is 80’, five feet under the minimum lot size. If they deducted the setbacks and the width of the house, it left a balance of 1.7’. There were concerns the long wall would look like St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 4 a fortress. It would not be visible to people driving by or looking from the South. They would put in shrubbery to break up the wall. They needed to maximize the value of their property and make it more comfortable. They had a hardship because they had spent a great deal of time and money to get to this point. Putting a jog in his bedroom wasn’t a good and design. If they wanted to sell the property, they need have a good resale value, which required good design. That design was not practical. He submitted letters from the neighbors on the North, the East and the West and a neighbor down the street. Perry Bolan, architect, indicated a new construction one block East of this property has homes near $1 million, so it made sense to put value into this addition with a straightforward, simple design that makes sure the master bedroom is very livable. If they were forced to put in a jog, the room was not nearly as nice. Offsetting the suite would put some or part of it up against their picture window, which would only be 1.7 feet from the wall. It adds value to the community. The narrowness of this lot was a hardship. They will be making an investment, and if they followed the zoning ordinance to the letter, they would not see as good of a return and get a lot less for the property when they sell it. They were proposing landscaping along the North wall with conifer trees that would break up the wall. He asked that the variance be granted. Councilmember Carver asked the height of the roofline? Mr. Bolan replied nine feet to the eave which would continue to the addition. Councilmember Carver asked the maximum allowable height for a fence in the backyard? Mr. Morrison replied six feet. Mayor Jacobs closed the public hearing. Councilmember Sanger commented under normal circumstances she did not like to overturn the work of the Board of Zoning Appeals (BOZA) and she supported the rationale behind the zoning ordinance. However, she didn’t think that rule made sense for this particular property. There are hardships associated with the arrangement on the property that support granting a variance. The property was too narrow compared to what the zoning code required. It is on a corner and as a result the house is set further back from 26th Street, off-center and relatively close to the property to the North. If this variance is granted, another hardship would be avoided. She was invited to the home and the picture window view would be partially blocked if the solution that the Planning Commission came up with was implement. If the Board of Zoning Appeals solution were required, the bedroom would be a zigzag shape, which would be unworkable. The only person who would ever see the long wall were the people in the home directly to the North. The suggestion of softening the appearance with landscaping or fencing would take care of it. You cannot see the wall from any other direction. It was moved by Councilmember Sanger, seconded by Councilmember Carver to direct staff to draft a resolution approving a variance to section 36-163(f)(8) of the Zoning Ordinance to allow an addition to the house with a 7 foot 2 inch side yard instead of the required 9 feet 10 inches at 2537 Inglewood Ave S, with a condition prohibiting a second story on the home. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 5 Mayor Jacobs asked the City Attorney if they could draft a variance prohibiting construction of a second story? Mr. Scott replied yes. Councilmember Finkelstein asked if that was acceptable to the applicants? Mr. White replied yes. Councilmember Finkelstein stated he viewed the property and agreed with Councilmember Sanger. This is a unique request, they have a small lot on a corner and if they were to get any enjoyment of their property and follow the housing goals, this was the one way to do it. Councilmember Paprocki added this was a very deep lot and there would be plenty of yard left. He commended them for a well-done addition. Councilmember Carver agreed with previous comments. He noted that the Zoning Appeals Board had a 2-2 vote and clearly they had some questions. It was ironic there was no problem adding a garage addition, but a problem adding to the living space. Mayor Jacobs agreed with the fact that there was a lot of thought at the Board of Zoning Appeals. They do a lot of work and he typically didn’t like to overturn their work either. As he went through the seven factors necessary to grant a variance, there were clearly grounds to grant a variance on a number of those. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Hoigaard Village - Final Planned Unit Development (PUD) and Final Plat Resolution No 06-019 and 06-020 Mr. Fulton presented the staff report. Noah Bly, Urban Works Architecture discussed the project site plan and presented a 3D design model. Frank Dunbar, Union Land II, reiterated that Hoigaard’s is in business and will stay in business through construction. The closing is scheduled on February 28th. He hoped the redevelopment contract would come together this week. If that happens, they would buy all three parcels on February 28th and start immediately going through the review process to begin demolition, which would take 60-90 days and open a marketing office in March. When they meet their presale requirements, they hope to start Phase I in June, 2006 and complete in June 2007. They would start the second building around the first of September and complete it twelve months later. Hoigaard’s is working with them to determine the time for them to be acquired. They are a member of the partnership. They will start the Hoigaard’s project when they make a determination about relocating. They would be back before the Council for Phase II plans. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 6 Councilmember Basill asked for an update on Hoigaard’s. He had been receiving phone calls asking why the City was initiating this. They were not initiating this, Hoigaard’s decided to sell. What are their plans? Mr. Dunbar replied they had indicated they would probably go elsewhere and were looking at a number of sites, but had not shared those. It was a very slight possibility they would stay on 36th. Councilmember Basill wanted the community to know that Hoigaard’s was choosing to sell and most likely wouldn’t be on 36th Street. They could not force a business to stay here and residents should know that the city was not controlling this. Councilmember Finkelstein stated either the deal made sense or it didn’t and they were not approving or making any changes regarding tax increment financing in regards to whether Hoigaard’s stayed or not. They would not be doing this deal as a business subsidy. Mr. Dunbar stated they had a number of options, that did not mean they would leave the community. They were working with them on the best time frame to acquire the site. Councilmember Finkelstein asked clarification that Hoigaard’s was now a partner in the real estate project? Mr. Dunbar replied that was true. Councilmember Finkelstein asked if that would have an impact on their ability to issue tax increment financing? Mr. Scott didn’t believe it would. Councilmember Basill asked when the TIF discussion would come forward? Mr. Locke replied staff was working on that and it would be before EDA and Council on February 21st. Mr. Dunbar indicated that element was critical to him for closing on February 28th. Mr. Harmening clarified the business points were brought to the Council a few weeks ago with the amount of tax increment, the interest rate and the length of time. They were being incorporated into the development contract that would be coming before Council. Councilmember Sanger asked what guaranteed all four buildings would be done and the deadline? Ms. McMonigal replied the planned unit development is for the entire development. They were looking at re-platting the first two buildings because those are the buildings they were purchasing, demolishing and reconstructing at this time. There are some financial guarantees that would be required as part of a planning/development contract which included giving a financial guarantee for the pond. Councilmember Sanger asked by what date would they reasonably expect that the whole project would be completed? Mr. Dunbar responded under the terms of the TIF, the outside date everything has to be done is December 2009. The draft development agreement says everything has to be done by December 2008. Councilmember Basill stated this is the first building on 36th Street and needed to look good for the community because it was an entrance to the neighborhoods. Had they done market studies on this type of building retro/industrial) and the attractiveness to buyers? Mr. Dunbar replied a market research group analyzed the outside and the inside and diversification of the project. They made changes to the exterior to provide more detail. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 7 Councilmember Basill asked the unit prices? Mr. Dunbar replied the most cost effective would be $192,900 and the corner units on the top would be $415,000, which had been sold. The majority will be in the mid $300,000 range. Councilmember Basill asked about the setback from 36th Street and expressed concern about the walk-ability as people come over the bridge. Mr. Dunbar replied they had tried to address that concern. Councilmember Basill commented about the two buildings on the corner which were not involved with this project. It would have been better if those buildings were part of the project, although he realized they couldn’t be. He commended the developer for coming in with the right density and seeing what fit for the community. This is below what they could put on this property. They had found a nice balance. David Stall, Urban Works, displayed other similar projects in the neighborhood (Excelsior and Grand and Village in the Park) and compared the setbacks. They have 22’ from the curb edge, which did not include a parking aisle. Above the retail it steps back for the residential. Councilmember Basil felt the additional space would make it pedestrian friendly. Ms. McMonigal stated because they were working on the redevelopment contract, some conditions of approval may be modified. The redevelopment contract will be before Council on February 21st, and they would clarify the conditions in the contract. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 06-019 approving the Final Planned Unit Development, subject to conditions as recommended by Staff. The motion passed 6-0. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 06-020 approving the Final Plat for Lots 1 and 2, Block 1, Hoigaard Village 1st Addition, subject to conditions as recommended by Staff. The motion passed 6-0. 8b. Comprehensive Plan Amendments for three Excess Land Parcels Resolution No. 06-021, 06-022 and 06-023 Mr. Fulton presented the staff report. Councilmember Paprocki asked if the Edgebrook site was used occasionally by residents as parking for the park and as a way to get to the park. By changing the zoning, he wanted to be sure they still had an opportunity to reserve space for parking and/or access to the park? Ms. Larsen replied yes. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 8 It was moved by Councilmember Paprocki, seconded by Councilmember Sanger, to adopt Resolution No. 06-021 amending the Comprehensive Plan for 7701 Edgebrook Drive from P - Park to RL - Low Density Residential and approve publication of the summary resolution; to adopt Resolution No. 06-022 amending the Comprehensive Plan for a portion of 9019 Cedar Lake Road from P - Parks and Open Space to RL - Low Density Residential as shown on the attached map and approve publication of the summary resolution; and, to adopt Resolution No. 06-023 amending the Comprehensive Plan for 2715 Monterey Avenue South from P - Park to RL - Low Density Residential and approve publication of the summary resolution. The motion passed 6-0. 8c. Agreement Between the City of St. Louis Park and Torah Academy Relating to Joint Use of Facilities. Ms. Walsh presented the details of the agreement and noted Torah Academy requested it be a two-year agreement. Reverend Ginsburg, Dean at Torah Academy, stated a paper agreement was only as good as the people who signed it. He understood the need for the formality, but appreciated and valued the relationship that they have had and looked forward to continuing it. It was moved by Councilmember Sanger, to adopt approve the agreement between the City of St. Louis Park and Torah Academy for joint use of facilities, with amendments as follows: Section 7, clarify this is a two-year agreement commencing on January 1, 2006 and ending December 31, 2007; Section 3, add “non exclusive” in the second sentence after “The Academy will have the”; at the end of the same paragraph insert “and the city will determine when repairs or replacement of the equipment is necessary” after “…safety regulations.”. Councilmember Paprocki asked about the non-exclusive use? Councilmember Sanger replied during the school day Torah Academy and its children would have the use of the playground, but that should not preclude others in the neighborhood who may also want to use the playground equipment at the same time. Councilmember Paprocki asked if that was amenable to the Academy? They replied yes. The motion was seconded by Councilmember Finkelstein. Councilmember Sanger asked if this would impact the City’s agreement to maintain or replace the park building? Ms. Walsh replied what would be in the City’s best interest would be to wait until Torah Academy got further along in their Visioning process. The City’s intent is to change that building, either reconstruct it in its present form as a picnic shelter usable to the neighborhood. They would also like to do field improvements at that time. Torah Academy is undertaking a Visioning process and they want to work with that. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 9 Christie Ulman, Board of Directors at Torah Academy, suggested they clarify in Sections 2 and 3, the last sentence where it says, “The parties…” to be “Both parties”. Councilmember Sanger agreed with the change to Sections 2 and 3, the last sentence to change, “The parties…” to “Both parties”. The motion passed 6-0. 8d. First Reading: Proposed Ordinance Amending Chapter 12, Section II, Private Residential Pools Mr. Hoffman presented the staff report. Mayor Jacobs asked if this would apply to existing pools? Mr. Hoffman replied, only for new pools installations. Mayor Jacobs asked if there was a concern about building up too much heat? Mr. Hoffman replied the pump house would have to be large enough to allow heat to escape and be ventilated. Councilmember Basill believed manufacturers of pumps have specifications for enclosures. They would need to get a permit and it would be inspected to make sure they were following the specifications. Mr. Hoffman replied that was correct. This code requirement would not set the specifics and not tell people how to build it. They would say to put it inside of a detached accessory structure (i.e. garage) or in a pump enclosure. Councilmember Sanger spoke in favor of the motion. This has been an issue for some people, particularly as some of the pump motors age, they don’t work as quietly as they were designed and it becomes an issue for neighbors. It was moved by Councilmember Sanger to approve First Reading of the amendment to the Environmental Code - Private Residential Pools section of the Ordinance Code and to set 2nd reading for February 21, 2006. Councilmember Carver asked if this would apply if someone were replacing a pump? Mr. Hoffman replied no, only with a new pool installation. Councilmember Carver seconded the motion. Councilmember Paprocki clarified someone getting a new pump would not need an enclosure, but if they were getting a new pool, they would? Mr. Hoffman replied yes. The trigger is the permit, which is required for the installation of a swimming pool or replacing a pool and would need to meet performance criteria. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 10 Councilmember Paprocki asked that could encourage someone not to replace their pool and just replace their pump to avoid enclosing it. Sheds need to have a pad to avoid wildlife inhabiting underneath. Does this require a pad? Mr. Hoffman replied it would be the owners choice, it was not required. Councilmember Paprocki asked what a noise attenuating structure was? Mr. Hoffman replied something designed to reduce the sound being transmitted from the equipment to the outside. It could be any type of wood structure and would need to meet the code requirements. Councilmember Paprocki was unsure why they were doing this. Mayor Jacobs agreed, he understood a concern was raised by a resident, but he did not see a big enough problem to do something. He was unsure he could support this. Councilmember Sanger believed this was a growing problem because a growing number of people were installing pools. Sometimes they were on smaller lots and closer to neighbors. While a motor may be designed to be quiet, that doesn’t mean it actually was quiet. Because they run non-stop, it can be an irritant to neighbors. Mayor Jacobs was unsure pumps were louder than air conditioners. He hadn’t heard complaints on this issue and didn’t believe it was a big enough issue to pass an ordinance. Councilmember Basill agreed with the issue about rodents and thought it would be a burden to put in a cement pad. He was concerned about the heat, how they would be built and if it would be a fire hazard. He understood a resident had a concern, but he didn’t know if there was a problem. Councilmember Finkelstein believed this was discussed in 2005 and they thought the “cure might be worse than the disease” with people putting up structures, although he was sympathetic to the resident with concerns. Mayor Jacobs noted this ordinance wouldn’t solve that problem. The motion failed 1-5 with Councilmember’s Basill, Carver, Finkelstein, Paprocki and Mayor Jacobs opposed. 9. Communications Mayor Jacobs reported on the Visioning process and indicated a Visioning Summit would be held Sunday, February 12th at the High School Field House from 1-4 PM. The Remodeling Fair will be February 26th at the Eisenhower Community Center in Hopkins from 10:30-3:30. The Youth Summit will be held on March 30th at the St. Louis Park Junior High. More information will follow. St. Louis Park Council Meeting Item: 022106 - 3a - City Council Minutes Feb. 6, 2006 Page 11 10. Adjournment The meeting adjourned at 9:07 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 022106 - 4a - Boulevard Tree Removal Contract Page 1 4a. Motion to designate B.J. Haines Tree Service as the lowest responsible bidder and authorize execution of a contract for the 2006 Boulevard Tree and Stump Removal Program in an amount not to exceed $118,286.00. Background: In 2004 the City implemented a cost sharing program for all boulevard tree removals, with the impacted property owner and the City equaling sharing the cost of removal of the condemned tree and its stump. Once a tree is identified and marked for removal, staff sends a proposal to the impacted property owner for 50% of the cost of tree and stump removal (stump removal will include grinding stump, removal of grinding debris, backfilling stump hole with quality black soil and seeding area with specified grass seed mix). If the resident chooses to use B.J. Haines Tree Service, which 99% of residents impacted in 2005 chose to use, the City will invoice the property owner for 50% of the removal costs. If requested by the property owner, the City will also agree to special assess their share of the removal cost against their property as a means to ease the burden of paying this expense. Bid Analysis: Bid packages for the 2006 Boulevard Tree and Stump Removal contract were mailed out in early January to 23 tree firms. Bids were opened on February 6, 2006 at City Hall. Three bids were subsequently received in the amounts as follows: B.J. Haines Tree Service $ 118,286.00 Emery’s Tree Service, Inc. $ 173,315.00 S & S Tree & Horticulture, Inc. $ 213,173.00 The above amount from B.J. Haines Tree Service represents an average cost of $383 for a 22” diameter tree. In 2005, the City paid $402 for the same size tree. Staff is pleased the above bid amount represents a decrease in cost for the City from last year. Recommendation: Staff recommends B.J. Haines Tree Service as the 2006 Boulevard Tree and Stump Removal Contractor. B.J. Haines successfully performed the City of St. Louis Park 2005 Boulevard Tree Removal Contract and is currently recommended for the 2006 Private Tree Removal contract. Staff is confident this company can perform both 2006 tree removal contracts simultaneously and with success. Prepared by: Jim Vaughan, Environmental Coordinator Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4b - Private Diseased Tree Removal Page 1 x. Motion to designate North Star Tree Care, Inc. as the lowest responsible bidder and authorize execution of a contract for the 2005 private diseased tree removal program in an amount not to exceed $447,760.00. 4b. Motion to designate B.J. Haines Tree Service as the lowest responsible bidder and authorize execution of a contract for the 2006 private diseased tree removal program in an amount not to exceed $166,635.50. City Council Consent Item Background: The City has been participating in the removal of diseased trees on private property for more than 25 years. During the initial phases, funding was provided through the Community Development Block Grant Program and subsidies were established at a 50% level. When CDBG guidelines were altered (approximately 15 years ago) we were no longer able to remove diseased trees using these funds. As a result, the City’s subsidy program was stepped back over the course of five years until it reached the current level (no cash subsidy) at the end of 1995. The City’s role in this process is to administer the program whichhandle all paperwork. This includes management of the contract, preparing official notices, billing the homeowners, establishing a timely schedule for the removals and providing a follow-up inspection. As in previous years, an updated brochure explaining the City’s removal program has been prepared and will be distributed to all affected property owners at the time their diseased trees are identified by staff. The 2006 Dutch elm disease bids reflect projected costs for the removal of 325 average-size private trees. Property owners will reimburse the City for the entire cost of for private tree removals. In 2005, there were 637 private trees removed in St. Louis Park by a contractor due to Dutch elm disease. Of those 637 trees, 433 of those were removed by the City contractor. Please note that if the property owner uses the City’s contractor for the removal, the City will agree to assess the entire cost of the removal against the property as a means to ease the burden of paying this expense The approved bid prices will also be used to calculate costs in cases where property owners refuse to comply with the official removal notice. In all other cases, homeowners will be allowed to solicit their own private bids and may choose to have the work performed by a different licensed contractor at their expense. Bid Analysis: Bid packages for the 2006 private diseased tree removal contract were mailed out in early January to 17 tree firms. Bids were opened on February 1, 2006 at City Hall. Three bids were subsequently received in the amounts as follows: B.J. Haines Tree Service $ 166,635.50 Emery’s Tree Service, Inc. $ 203,100.00 S & S Tree & Horticultural, Inc. $ 539,650.00 The above bid amount from B.J. Haines Tree Service represents an average cost of $550 for a 24” diameter tree. In 2005, the City paid $800 for the same size tree. Staff is pleased this bid amount represents a substantial decrease in cost for the City from last year. St. Louis Park Council Meeting Item: 022106 - 4b - Private Diseased Tree Removal Page 2 Recommendation: City staff is recommending B.J. Haines Tree Service as they have successfully performed one previous private diseased tree removal contract for the City of St. Paul and have successfully completed the 2005 St. Louis Park Boulevard Tree Removal Contact. Prepared by: James Vaughan, Environmental Coordinator Cindy S. Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4c - Transfer Of Funds Page 1 4c. Motion to approve transfer of $280,000 from the Permanent Improvement Revolving (PIR) Fund to the Wireless Enterprise Fund Background: The City of St. Louis Park is in the process of implementing a Pilot program for wireless services. This Pilot program requires total cash outlay of an amount not to exceed $280,000. The City anticipates that wireless services will be available in March of this year and the pilot program will run through June. If all goes well, staff anticipates that the City Council will be asked to decide in June if wireless services should be made available City-wide. Request: Staff is recommending transferring $280,000 from the Permanent Improvement Revolving (PIR) Fund to the Wireless Enterprise Fund as start up costs. If wireless services are implemented on a city-wide basis, then the PIR fund would be reimbursed and a loan would be created between the EDA Development Fund and the Wireless Enterprise Fund. If the Council decides that wireless services will not go city-wide, then the transfer of funds will be considered a principal reduction of the PIR Fund. Attachments: Resolution Prepared By: Jean McGann, Director of Finance Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4c - Transfer Of Funds Page 2 RESOLUTION NO. 06-046 RESOLUTION AUTHORIZING A TRANSFER FROM THE PERMANENT IMPROVEMENT REVOLVING FUND TO THE WIRELESS ENTERPRISE FUND WHEREAS; The City of St. Louis Park approved the implementation of a Pilot program providing for wireless services in St. Louis Park WHEREAS; The total cost of the Wireless Pilot program is budgeted at $280,000 WHEREAS; It has been determined that $280,000 should be transferred out of the Permanent Improvement Revolving Fund to provide funding the Wireless Pilot Program NOW, THEREFORE BE IT RESOLVED, by the City of St. Louis Park City Council That approval is given to transfer funds from the Permanent Improvement Revolving Fund in the amount of $280,000. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4d - Resolution Gambling Renewal Comm Charities Page 1 4d. Motion to approve Resolutions authorizing Gambling Premises Permit for Community Charities of Minnesota operating at : Park Tavern Lanes & Lounge, 3401 Louisiana Ave. and TexaTonka Lanes, 8200 Minnetonka Boulevard Background: Community Charities of Minnesota has submitted application to the City of St. Louis Park to renew their gambling premises license permit for their two locations in which licenses expire March 31, 2006. Community Charities of Minnesota is a non-profit charitable fundraising licensed lawful gambling organization currently operating at numerous bars, bowling lanes and similar establishments throughout the state. In addition to the pull tab booth at Park Tavern and Texa Tonka Lanes in St. Louis Park, they also operate lawful gambling sales at 39 other locations in the region. Officers are as follows: Gene Glorvigan CEO Mark Healy Treasurer Douglas DeMarce Gambling Manager Park Tavern Lanes & Lounge, 3401 Louisiana Avenue Licensed gambling has been in operation at this location for many years. Pull-tab sales are currently in progress at this location by Community Charities under a previously issued permit. which will expire March 31, 2006. Texa Tonka Lanes, 8200 Minnetonka Blvd. Licensed gambling has been in operation at this location for many years. Pull-tab sales are already in progress at this location under a permit recently issued in December 2005 to expire March 31, 2006. All current requirements for issuance of the license have been met. The Police Department has conducted a background investigation on the organization, its officers, and related personnel. This action does not require a public hearing as the building location meets all proximity requirements in the ordinance. Recommendation: License materials are in order and the staff recommends approval. Should the City Council approve the application, the resolutions of approval will be forwarded to the State Gambling Control Board who is responsible for issuing the licenses. Attachments: Resolution Park Tavern Resolution Texa Tonka Lanes Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4d - Resolution Gambling Renewal Comm Charities Page 2 RESOLUTION NO. 06-040 A RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING COMMUNITY CHARITIES OF MINNESOTA OPERATING AT TEXA TONKA LANES, 8200 MINNETONKA BOULEVARD, ST. LOUIS PARK April 1, 2006 – March 31, 2008 WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code Section 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 February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4d - Resolution Gambling Renewal Comm Charities Page 3 RESOLUTION NO. 06-039 A RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING COMMUNITY CHARITIES OF MINNESOTA OPERATING AT PARK TAVERN LANES & LOUNGE, 3401 LOUISIANA AVE S, ST. LOUIS PARK April 1, 2006 – March 31, 2008 WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code Section 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 February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4e - Resolution Variance 2537 Inglewood Page 1 4e. Motion to approve Resolution for a variance to allow an addition for the property located at 2537 Inglewood Ave. S. John White applicant Case No. 05-68-VAR Summary of Request: As directed by Council on February 6, 2004, attached is a resolution and findings of fact for approval of John White’s application for a 2 foot 8 inch variance to allow the construction of an addition to the back of the home that would be 7 feet, 2 inches from the side property line instead of the required 9 feet 10 inches required by code. As requested by the Council, the resolution contains a provision which conditions the variance on the prohibition of a second story for that portion of the home for which a variance is granted Background: BOZA heard the application on January 5, 2006. A motion was made to approve the application, but it failed on a 2-2 vote. Since a motion could not be made to approve the variance, the application stood as denied. Mr. White appealed the action to the City Council. The Council heard the appeal on February 6, 2006, and voted to direct staff to prepare a Resolution approving the requested variance to be brought to the Council for action at the February 21, 2006 meeting. Recommendation: Motion to adopt resolution granting a variance to Section 36-163(f)(8) of the Zoning Ordinance to allow an addition to the house with a 7 foot 2 inch side yard instead of the required 9 feet 10 inches at 2537 Inglewood Ave. S. Attachments: Proposed Resolution of Approval Proposed Site Plan Prepared By: Gary Morrison, Assistant Zoning Administrator Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4e - Resolution Variance 2537 Inglewood Page 2 VARIANCE RESOLUTION NO. 06-047 RESOLUTION OF FINDING REGARDING THE APPLICATION FOR A VARIANCE UNDER SECTION 36-163(F)(8) TO ALLOW AN ADDITION TO THE HOUSE WITH A 7 FOOT 2 INCH SIDE YARD INSTEAD OF THE REQUIRED 9 FEET 10 INCHES FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT, AT 2537 INGLEWOOD AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota FINDINGS 1. On November 22, 2005, John White filed an application seeking a variance from Section 36-163(f)(8) to allow an addition to the house with a 7 foot 2 inch side yard instead of the required 9 feet 10 inches for property located in the R-1 Single Family Residential District for the following legal description, to wit: Lot 6 and South 5 feet of Lot 7, Block 7, Basswood, Hennepin County, Minnesota. 2. On January 5, 2006, the Board of Zoning Appeals held a public hearing, received testimony from the public, and discussed the application for Variance Case No. 05-68- VAR. 3. The Board failed to pass a motion granting or denying the variance due to a 2-2 vote. The variance therefore stands as denied. 4. Mr. John White requested an appeal of Board of Zoning Appeals action. 5. On February 6, 2006 the City Council considered the appeal and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. 6. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: a. The requested variance meets the requirements of Section 36-33(d)(5) of the Zoning Ordinance necessary to be met for a variance to be granted. The lot is both narrow and a corner lot, the combination of which makes it difficult to use the property in a reasonable manner. St. Louis Park Council Meeting Item: 022106 - 4e - Resolution Variance 2537 Inglewood Page 3 b. The requested addition is in keeping with the housing goals of the City of St. Louis Park, and is a reasonable use of the land. Additions similar in size and function are commonly built throughout St. Louis Park. c. The granting of the variance will not have an adverse impact on neighboring properties, and will not be visible from the public right-of-ways. 7. The contents of the Board of Zoning Appeals Case File 05-68-VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. 8. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The applicant’s request for a variance from 36-163(f)(8) to allow an addition to the house with a 7 foot 2 inch side yard instead of the required 9 feet 10 inches for the above legally described property is hereby approved based on the findings set forth above and with the following conditions: 1. The addition be constructed in accordance with the approved exhibits; and 2. The variance is granted to allow a one-story addition to the home. A second story shall not be constructed over that portion of the home for which the variance was granted. Reviewed for Administration Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 1 4f. Motion to authorize the execution of the REBA (Retirement Enhancement and Benefit Alternatives Program) Joint Powers Agreement. Background The Retirement Enhancement and Benefit Alternatives (REBA) is a multiple employer trust arrangement that the City of St. Louis Park joined on January 1, 2005. This trust provides a benefit of aggregate pricing and services for all employers that participate in the VEBA program (Voluntary Employee Benefit Association). The City participates in the VEBA program through our high deductible health insurance plan and our post-employment Health Care Savings Plan. Current members of the REBA trust include the cities of St. Louis Park, Burnsville, Ramsey and Shoreview and the following school districts: Fridley, Hopkins, Hutchinson, Minnetonka, Inver Grove Heights, Owatonna, Pine Island, Redwood Area, Spring Lake Park, and St. Francis. It is recommended that the attached Joint Powers Agreement be approved to formally recognize this cooperative activity. Documents have been reviewed by the City Attorney. The Joint Powers Agreement creates a joint powers board known as an “Advisory Council” which is empowered to oversee and administer the REBA. Each participating jurisdiction has one member on the Advisory Council. For St. Louis Park, our representative is Nancy Gohman, Deputy City Manager/HR Director. The Joint Powers Agreement will formalize the trust relationship which has been in place since January 1, 2005. Recommendation Staff recommends that the City Council authorize staff to execute the REBA (Retirement Enhancement and Benefit Alternatives Program) Joint Powers Agreement as attached. Attachment: REBA Joint Powers Agreement Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 2 JOINT POWERS AGREEMENT FOR RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM This Joint Powers Agreement (“Agreement”) is made by and among the Adopting Employers that are now or may hereafter become parties to this Agreement. RECITALS WHEREAS, governmental units may provide health benefits to employees, former employees and spouses and dependents thereof; and WHEREAS, Minn. Stat. § 471.59, subds. 1 and 10 authorize two or more governmental units to exercise jointly or cooperatively powers which they possess in common; and WHEREAS, certain governmental units (“Adopting Employers”) wish to authorize the Retirement Enhancement and Benefit Alternatives Program (“REBA”) to act as a joint powers entity for the purpose of exercising certain powers as set forth in this Agreement; and WHEREAS, the Adopting Employers acknowledge REBA as a representative of the parties to this Agreement; and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees’ Beneficiary Association Plan (the “Plan”); and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees’ Beneficiary Association Trust and the Retirement Enhancement Benefit and Alternatives Program Voluntary Employees’ Beneficiary Association Trust II (collectively referred to as the “Trusts”); and WHEREAS, the Trusts are voluntary employee beneficiary associations under Section 501(c)(9) of the Internal Revenue Code; NOW THEREFORE in consideration of the mutual promises and agreements contained herein and subject to the provisions of Minn. Stat. § 471.59 and all other applicable statutes, rules and regulations, the parties agree as follows: 1. PURPOSE, INTENT AND OBJECTIVE 1.1 PURPOSE. Under the provisions of Minnesota law, governmental units may enter into contracts for the purposes of providing medical benefits to current employees, former employees, and their respective families including, but not limited to, contracts for services deemed necessary or beneficial for their operation. Under the provisions of Minn. Stat. § 471.59, two or more St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 3 governmental units (including, but not limited to, school districts, counties, towns, other governmental agencies, and service cooperatives) may agree to exercise jointly or cooperatively powers which they possess in common. The purpose of this Agreement is to authorize the exercise of common powers of the Adopting Employers in connection with certain matters pertaining to the administration and funding of the Plan and Trusts, all as described herein. 1.2 Name. The name of this joint powers entity shall be the Retirement Enhancement and Benefit Alternatives Program (“REBA”). 1.3 Compliance with Applicable Laws. It is the Adopting Employers’ intent to comply with applicable federal and state statutory requirements. 1.4 Effective Date. This Agreement shall be effective with respect to a particular Adopting Employer as of the date of such Adopting Employer’s initial participation as identified below. 2. DEFINITIONS The following Definitions shall apply to this Agreement: a) Administrative Services Agreement (“ASA”) means an agreement by and between the Advisory Council and a Provider, or an Adopting Employer and a Provider, that establishes terms for the administration of the Plan and/or Trusts. b) Adopting Employer means a governmental unit that has adopted the Plan, thereby becoming a member of REBA. c) Advisory Council means the advisory council of the REBA, acting as the joint board authorized to exercise certain powers of the Adopting Employers, as permitted by Minn. Stat. § 471.59, subd. 2, and as set forth in this Agreement. d) Agreement means this Joint Powers Agreement as the same may be amended from time to time. This document, and all other documents in the same form executed (or deemed executed as provided in Section 9 of this Agreement) by Adopting Employers, all as amended from time to time, shall together constitute a single Agreement. e) Bylaws means the bylaws of the Advisory Council. f) Code means the Internal Revenue Code of 1986, as amended from time to time. g) Plan means Retirement Enhancement and Benefit Alternatives Program Voluntary Employees’ Beneficiary Association Plan. St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 4 h) Provider means a service provider, including, but not limited to, third party administrators, consultants, accountants, brokers, attorney and trustees, providing services to health plans and trusts such as the Plan and Trusts. i) REBA means the Retirement Enhancement and Benefit Alternatives Program, the joint powers entity created by the Adopting Employers as reflected in this Agreement. j) Trusts mean the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees’ Beneficiary Association Trust and the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees’ Beneficiary Association Trust II. Each is intended to be a voluntary employees’ beneficiary association as described § 501(c)(9) of the Code. 3. JOINT POWERS GOVERNING BOARD 3.1 Membership. Membership in REBA shall be open to any governmental unit or other political subdivision as set forth in Minn. Stat. § 471.59, subd. 1, and Minn. Stat. § 471.981 including, but not limited to, joint powers agencies of the State of Minnesota that are deemed by the Advisory Council to qualify for membership. The Advisory Council may impose such conditions on membership as it deems appropriate to protect the interest of REBA and to provide for the benefit of the Adopting Employer; and such conditions as are required by the Agreement, the Bylaws, or by applicable statutes, rules, or regulations. The Advisory Council, at its discretion and in accordance with the Bylaws, may create classes, levels or types of membership within REBA with differing member rights, privileges or obligations. Upon adoption of the Plan, an Adopting Employer shall also execute this Agreement and file it with the Advisory Council. 3.2 Joint Powers Board. There is hereby created a joint powers board, herein referred to as the “Advisory Council,” which shall be empowered to oversee and administer REBA. The Advisory Council shall be empowered to manage all the affairs of REBA and do to all things necessary or convenient for the furtherance of the purposes of REBA, including but not limited to: expending and receiving funds; entering into contracts, leases, and other agreements; renting, leasing, purchasing and otherwise procuring or receiving property real or personal; employing personnel either as employees or by contract; and employing consultants such as attorneys, auditors, accountants, risk managers, actuaries and others. 3.3 Advisory Council Representation. Each member of REBA shall have representation on the Advisory Council equal to every other member. Subject to the foregoing, representation shall be determined pursuant to the Bylaws. The Advisory Council shall act by majority vote of the representatives appointed to it. As appropriate, the Advisory Council may designate one or more representatives to act on its behalf. St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 5 3.4 Committee(s). The Advisory Council may, but is not required to, establish one or more committees. The purpose of any such committee may include, without limitation, the management of the affairs of REBA and the receipt and processing of information relating to Plan and Trusts. 3.5 Upon Dissolution of REBA. In the event that REBA is dissolved, the Advisory Council shall continue to exist for a reasonable period to wind up REBA’s affairs. Any administrative services provided to the Plan or Trusts prior to the dissolution of REBA shall be provided thereafter as determined by the Advisory Council in its discretion. 4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL 4.1 Authorized Powers. Pursuant to Minn. Stat. § 471.59, subd. 2, in addition to any other powers specifically delegated to the Advisory Council by this Agreement, the Advisory Council is hereby authorized to: a) establish, procure, and administer the Plan and the Trusts; b) define and clarify requests for proposals, rights and responsibilities, length of contract, premium or contribution rates and other costs, termination guidelines, the relative liability of the parties, and the method(s) by which parties to this Agreement shall exercise their common powers; and c) receive, collect, hold, invest, expend and disburse contributions to the Trusts in connection with the exercise of its powers under this Agreement; and d) adopt Bylaws, which shall provide for the operation and administration of the Advisory Council, and adopt other operating policies and procedures to direct and document the specific activities of REBA. 4.2 Reserves. The Advisory Council shall from time to time determine the minimum amount of funds needed for purposes of risk management, administration, and other needs of the Plan and Trusts. Any such funds shall be held and used in accordance with, and subject to the limitations set forth in, Section 6. 4.3 Administrative Services Agreements. The Advisory Council may negotiate one or more Administrative Services Agreements for the benefit of REBA with respect to the Plan and the Trusts. Such Administrative Services Agreements may establish, among other things: St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 6 a) the applicable responsibilities of the Provider; b) the applicable responsibilities of the Advisory Council; and c) the amount of service fees payable to the Provider. 4.4 Liability Limited. The Advisory Council, its authorized representatives, employees and designees shall have no duty or liability due to negligence of Adopting Employers or Providers. When it is not exercising the joint powers authorized by this Agreement (and therefore not acting as the Advisory Council), the Advisory Council shall have no duty or obligation whatsoever to act for the benefit of the Adopting Employers. 5. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS 5.1 Adopting Employers to Furnish Data. Each Adopting Employer agrees to furnish all reasonably necessary data to the Advisory Council, or Provider or other third party as directed by the Advisory Council. 5.2 Remittance of Contributions and Fees. The Adopting Employers shall remit contributions and/or administrative fees in the time and manner as set forth in the Plan, the Trusts, and/or the Administrative Services Agreements. 5.3 COBRA Administration. To the extent an Adopting Employer is, through the Public Health Services Act, subject to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), such Adopting Employer shall be responsible for complying with the requirements of COBRA with respect to their employees participating in the Plan. Such responsibility shall include all aspects of administering the continuation coverage required by COBRA including, but not limited to, providing notices required by COBRA. The Advisory Council, as the “plan administrator” of the Plan, has delegated its responsibilities under COBRA to the Adopting Employers. 5.4 Adopting Employer Withdrawal. An Adopting Employer’s participation in this Agreement may be terminated as follows: 5.4.1 Voluntary Withdrawal. At any time during a year, an Adopting Employer may terminate its participation in this Agreement upon ninety (90) days written notice to the Advisory Council and to all Providers. 5.4.2 Deemed Withdrawal. An Adopting Employer shall be deemed to have terminated its participation in this Agreement upon withdrawal from the Plan and the Trusts. St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 7 5.4.3 Involuntary Withdrawal. The Advisory Council may terminate an Adopting Employer’s participation in this Agreement for cause upon ninety (90) days notice to said Adopting Employer. 5.5 Effect of Adopting Employer Withdrawal. Upon an Adopting Employer’s withdrawal from this Agreement, the following rules shall apply: 5.5.1 Withdrawal from the Plan and Trust. Upon withdrawal from this Agreement, an Adopting Employer shall be deemed to have withdrawn from the Plan and Trusts. 5.5.2 Continuance of REBA. The withdrawal of an Adopting Employer shall not affect the continuance of REBA by the remaining Adopting Employers. 5.5.3 Liability of Withdrawing Adopting Employer. An Adopting Employer that withdraws shall remain jointly and severally liable for all debts, obligations and liabilities incurred on its behalf during the term of its membership. The liability of an Adopting Employer upon withdrawal shall be determined in accordance with the Bylaws, Plan, Trusts and/or Administrative Services Agreements. 6. CONTRIBUTIONS AND ASSESSMENTS 6.1 Contributions. Adopting Employers shall make contributions as required under the Plan. All contributions shall be held in the Trusts. 6.2 Assessments. The Advisory Council may, at its discretion, determine that an assessment is necessary to insure the financial integrity of the Plan and/or the Trusts, to operate and maintain the Plan and/or the Trusts, or to carry out other purposes of REBA pursuant to this Agreement. Such assessments shall be in a form, manner and amount as determined by the Advisory Council, provided that an assessment against an Adopting Employer shall not exceed $7,500 for any calendar year. Notwithstanding the foregoing, no Adopting Employer shall be required to make, or otherwise be responsible for, a contribution to the Plan and the Trust on behalf of another Adopting Employer if such Adopting Employer fails to make a contribution required by the Plan. The Advisory Council may, in its discretion, establish and maintain separate accounts for specified portions of the assessment, and may designate specific purposes. 7. LENGTH OF AGREEMENT AND TERMINATION This Agreement shall remain in effect until the first of the following to occur: a) The Agreement terminates by the mutual consent of the parties to the Agreement; St. Louis Park Council Meeting Item: 022106 - 4f - REBA Joint Powers Agreement Page 8 b) The Agreement is suspended or superseded by a subsequent agreement between the parties to the Agreement, or c) The Agreement terminates by operation of law. 8. LIABILITY OF PARTIES An Adopting Employer to this Agreement holds the Advisory Council and its members harmless from any and all causes of action arising at law or inequity unless such action shall arise from gross negligence. The parties agree to waive any rights to litigation from any dispute arising out of this Agreement unless such action is the result of intentional wrongdoing. 9. AGREEMENT BY PARTICIPATION Any gov ernmental unit that adopts the Plan, and thereby becomes an Adopting Employer, shall be deemed to have approved this Agreement and, in the case of an eligible governmental unit, to have executed this Agreement by its duly authorized officers, and shall be bound by the terms and conditions of this Agreement to the same extent as if such formal approval had been obtained and such execution had occurred. 10. DISPOSITION UP DISSOLUTION In the event that REBA is dissolved, any property or other assets acquired by the Advisory Council shall be distributed as determined by the Advisory Council and as permitted under applicable law. Sufficient reserves shall be retained and maintained consistent with the Plan’s obligations and known or foreseeable risks under this Agreement and applicable laws or regulations. Pursuant to all applicable state and federal laws, this Agreement has been approved by the governing boards of the parties and is signed by the duly authorized officers of the parties. ADOPTING EMPLOYER Name of Governmental Unit _____________________________________________________ By_________________________________ By _____________________________________ Title _______________________________ Title ____________________________________ Date _______________________________ Date ____________________________________ Date of Initial Participation ______________________________________________________ St. Louis Park Council Meeting Item: 022106 - 4g - Resolution Final Payment 121-05 Ron Kassa Page 1 RESOLUTION NO. 06-048 RESOLUTION ACCEPTING WORK ON RANDOM CURB AND GUTTER CITY PROJECT NO. 2005-0004 CONTRACT NO. 121-05 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 September 30, 2005, Ron Kassa Construction, Inc. has satisfactorily completed the random curb and gutter replacement, as per Contract No. 121-05. 2. The Director of Public Works has filed his 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 $26,585.00 Change Order 00 Extra Work 33,287.40 Final Contract Price $59,872.40 Previous Payments ($43,966.00) Balance Due $15,906.40 Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4h - Final Payment 77-05 Valley Paving Page 1 RESOLUTION NO. 06-049 RESOLUTION ACCEPTING WORK ON 2005 MSA STREET REHABILITATION PROJECT CITY PROJECT NO. 2004-1100 CONTRACT NO. 77-05 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 June 20, 2005, Valley Paving, Inc. has satisfactorily completed the 2005 MSA street rehabilitation project, as per Contract No. 77-05. 2. The Director of Public Works has filed his 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 $843,724.12 Change Order 12,865.43 Under Run 56,013.14 Final Contract Price $800,576.41 Previous Payments ($737,407.81) Balance Due $63,168.60 Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4i - Resolution Variance Quentin Ave Page 1 BACKGROUND AND ANALYSIS: As part of the City’s ongoing Capital Improvement Program (C.I.P.), specific streets within the City are programmed for rehabilitation each year. In accordance with the program, Quentin Avenue from Excelsior Boulevard to Wooddale Avenue has been programmed for rehabilitation in 2006. Because Quentin Avenue is designated as a Municipal State Aid street under the City’s adopted plan, it has been programmed to utilize Municipal State Aid funds to fund the rehabilitation work. The planned rehabilitation work is essentially removal and replacement of the existing bituminous surface (mill and overlay) with some minor amounts of spot curb repairs. In order for funds to be eligible for construction on a State Aid street, the street must be reconstructed to Municipal State Aid design standards. These standards are very specific with regards to certain requirements such as street grades, width, pavement thicknesses, etc. Quentin Avenue currently does not meet State Aid standards for the minimum width requirements. Presently, Quentin Avenue is 27-28 feet wide with parking allowed on only one side of the street (west side). According to State Aid standards, a street with parking allowed on one side must have a minimum width of 32 feet. Because the street does not meet the minimum width standards, State Aid funds are not readily available to fund the rehabilitation. Staff have therefore reviewed and considered the following options: 1. Rehabilitating Quentin Avenue with other funds. Currently, no monies from the pavement management or other funds are available for this work. The project could possibly be deferred to the future, pending funding availability. 2. Reconstructing Quentin Avenue to 32 feet in width. This would be difficult due to tight boulevard constraints and would involve the removal and/or relocation of trees, retaining walls, sidewalks, and other features. Impacts to several of the adjacent properties would be significant. 3. Remove all parking from Quentin Avenue. This does not appear to be a viable and acceptable solution to the neighboring properties, based upon observed parking that occurs on the street. 4. Request a variance from State Aid Standards. Staff has investigated the possibility of applying for a variance from State Aid standards in order to utilize State Aid funds. An application and hearing in front of a variance committee is required as part of this process. Although there is no certainty in being successful, staff feels that this alternative is worth pursuing. If a variance is approved, State Aid funds could be used for the project. 4i Motion to adopt Resolution requesting the Minnesota Department of Transportation to grant a variance from Municipal State Aid Standards - Quentin Avenue from Excelsior Boulevard to Wooddale Avenue. Project 2005-1100 St. Louis Park Council Meeting Item: 022106 - 4i - Resolution Variance Quentin Ave Page 2 Of the four options identified above, staff feels pursuit of a State Aid variance is the most reasonable alternative available to the City at this time. Variance Process The next scheduled variance hearing is scheduled for March 16, 2006. In order to be scheduled for the hearing, an application must be submitted to the Minnesota Department of Transportation by March 1, 2006. This application must include a resolution from the governing authority (as attached) requesting the variance. At this hearing, the requestor presents the application and appropriate arguments for granting the variance. The committee typically makes a decision on the request that same day. Staff has discussed our proposed variance request with the District State Aid Engineer. Although we have not been able to gain any sense or feel of our chances of success, the Engineer did convey that our request does appear to have reasonable merit for consideration. Our argument would be based essentially on the following points: 1. Physical restrictions do not allow for widening of the road without significant hardship or impacts to neighboring properties. 2. We are essentially performing a mill and overlay (resurfacing) rather than a complete reconstruct. 3. The roadway has operated in its current condition and capacity for many years without any notable safety or operational deficiencies. If Mn/DOT does grant a variance from State Aid standards, it will be conditioned on the City accepting any liability associated with the variance. That requirement is contained in the attached resolution. The city Attorney has been apprised of this issue and requirement. RECOMMENDATION: Approve the attached resolution requesting a variance from State Aid width and parking standards for Quentin Avenue from Excelsior Boulevard to Wooddale Avenue Attachments: Resolution Project Location Map (Supplement) Prepared By: Scott A. Brink, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4i - Resolution Variance Quentin Ave Page 3 RESOLUTION NO. 06-050 RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA RULES FOR STATE AID OPERATIONS CHAPTER 8820 FOR MUNICIPAL STATE AID PROJECT NE. 163-284-007 (QUENTIN AVENUE FROM EXCELSIOR BOULEVARD TO WOODDALE AVENUE). WHEREAS, the City of St. Louis Park is preparing plans for the rehabilitation of Quentin Avenue from Excelsior Boulevard to Wooddale Avenue (MSAP 163-284-01); and WHEREAS, In accordance with the City of St. Louis Park’s Capital Improvement Plan (C.I.P.), the pavement surface of Quentin Avenue requires rehabilitation in accordance with the City’s Pavement Management Program; and WHEREAS, The City Council of the City of St. Louis Park believe that the minimum design standards set forth by Minnesota Rules for State Aid Operation 8820 as applicable to the proposed pavement rehabilitation of Quentin Avenue create an undue hardship; and WHEREAS, said hardship is further explained in the attached supplementary letter from the City Engineer; and NOW THEREFORE, BE IT RESOLVED, RESOLOVED, that the City Council of the City of St. Louis Park, located in Hennepin County, Minnesota, hereby respectfully submits a request for a variance to the Commissioner of Transportation for Minnesota Rules for State Aid Operations, Chapter 8820.9920, Geometric Design Standards; Rural and Suburban Undivided; New or Reconstruction Projects, as they apply to the rehabilitation of Quentin Avenue from Excelsior Boulevard to Wooddale Avenue, so as to allow the following: 1. The existing pavement width of 27-28 feet be allowed to remain. 2. Parking on one side of the street to be continued to be permitted as currently allowed. AND BE IT FURTHER RESOLVED that the City Council of the City of St. Louis Park hereby indemnifies, saves, and holds harmless the State and its agents and employees, to the extent of the City’s statutory liability limits, of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the variance. The Council further agrees to defend at its sole cost and expense any action or proceeding begun for asserting any claim of whatever character arising as a result of the granting of the variance. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4j - Resolution Of Support For NORC Grant Page 1 4j. Motion to approve a resolution supporting the Nurturing Our Retired Citizens’ (NORC) grant application to the Minnesota Department of Human Services Background: Nurturing our Retired Citizens (NORC) is applying for a grant dollars from the Minnesota Department of Human Services to fund the “Congregational Nursing-Expanding Diversity, Geography & Education” project (CN-EDGE). NORC made a presentation to the City Council about this grant proposal at the study session on February 13, 2006. NORC is seeking $1,000 from the City of St. Louis Park as part of a match amount needed to apply for a $250,000 grant from the State of Minnesota. To apply, NORC must be able to match the $250,000 through a combination of dollars and in-kind services. In-kind services already provided by the city (staff liaisons to the NORC Steering Committee and meeting room space) are included in the documents. Recommendation: Staff recommends that Council approve a resolution supporting NORC’s application to the state. The City’s financial commitment if the project is fully funded is anticipated to be $1,000. Attachments: Memorandum of Understanding Resolution Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 4j - Resolution Of Support For NORC Grant Page 2 Memorandum of Understanding Congregational Nursing – Expanding Diversity, Geography and Education (CN-EDGE) The organization included in this MOU has agreed to serve as a partner in applying for a Minnesota Department of Human Services (DHS) Community Service/Services Development grant to expand the diversity and geographic reach of congregational nursing programs, while educating stakeholders such as health care providers, congregations, seniors, and families regarding the benefits and use of congregational nursing and a wide range of supporting resources. CN-EDGE integrates and strengthens the connections between formal health care providers and faith congregations, creating a more cost effective approach to helping seniors maintain their independence and remain in their homes for a longer period of time when faced with illness and injury. CN-EDGE will serve seniors who will benefit from the holistic care of congregational nurses or clergy support at the time of discharge from a nursing home or other formal health care provider. The proposed project will serve seniors in the targeted zone of a 7- mile radius from the center of the City of St. Louis Park, to include areas of Hopkins, Minneapolis, and Minnetonka. The project will run from July 1, 2006 – December 31, 2007. Organization: City of St. Louis Park Responsibilities/Actions Mayor, City Manager, Housing Authority will serve on the NORC Steering Committee, they will provide consultation about sustainability of congregational nurse programs Contributions: Staff time valued at approximately $9,000, meeting room space, $1,000 cash contribution Jeff Jacobs, Mayor Printed name and title, signature and date St. Louis Park Council Meeting Item: 022106 - 4j - Resolution Of Support For NORC Grant Page 3 RESOLUTION NO. 06-051 RESOLUTION SUPPORTING THE NURTURING OUR RETIRED CITIZENS (NORC) GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF HUMAN SERVICES WHEREAS, NORC has prepared a grant application to the Minnesota Department of Human Services for the Congregational Nursing-Expanding Diversity, Geography & Education” project (CN-EDGE) to expand the diversity and geographic reach of congregational nursing programs; and WHEAREAS, the City of St. Louis Park has an existing partnership with NORC and the city provides in-kind support by serving on the NORC Steering Committee and making meeting space available; and WHEREAS, NORC has asked the city to be a partner in this grant application, which meets the stewardship needs identified in the Vision St. Louis Park and would benefit the health of St. Louis Park seniors; and WHEREAS, the City’s total monetary contribution to the program, if fully funded by the DHS, is expected to be $1,000 to be used for the program’s newsletter. NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council, Minnesota, supports the NORC Congregational Nursing-Expanding Diversity, Geography & Education” project (CN-EDGE) grant application to the Minnesota Department of Human Services. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 4k - PRAC Minutes Nov. 16, 2005 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION November 16, 2005 – 7 P.M. REC CENTER PROGRAMMING OFFICE MEMBERS PRESENT: Kirk Hawkinson, Dick Johnson, Tom Worthington, George Foulkes, Steve Hallfin (7:35 p.m.) MEMBERS ABSENT: Bruce Cornwall STAFF PRESENT: Rick Birno, Carrie Haslerud 1. Call to order Mr. Worthington, Chair, called the meeting to order at 7:07 p.m. 2. Adjustments to the agenda Mr. Birno requested “Commissioners Terms” be added to the agenda under New Business. 3. Approval of Minutes from October 26th, 2005 Mr. Worthington requested that the first sentence on page three be removed. Ms. Haslerud noted that the print in blue on page four be removed from the October 26th minutes. Changes noted, Mr. Johnson moved to approve the minutes of the October 26, 2005 meeting, Mr. Foulkes seconded. The motion passed 5-0. 4. New Business A. Facility Usage information Mr. Birno presented the Commission with a copy of the most recent Parks and Recreation brochure which listed the various facility rental options available. He highlighted several of the City facilities beginning with picnic shelters (Dakota Park, Oak Hill Park and Wolf Park) which can be rented from May 6 – September 24th. The shelters are maintained by the Parks Department. Mr. Birno stated that that there are four buildings (Louisiana Oaks, Oak Hill Park, Browndale, and Nelson) that can be rented from early May – late September and one building (Wolfe Park Pavilion) that can be rented year round. He discussed how seasonal employee crews are available for rental services during the summer months but not during the fall, winter and spring months. Therefore, more affordable rental fees can be charged. He noted that the Wolfe Park shelter can be rented year-round because of its close proximity to the Rec Center and the permanent staff available for rental services. If a shelter (other then Wolfe Pavilion) is rented in the fall, winter or spring the customer will be assessed the full time Parks Department staff expense to open, prep, clean and close the building in addition to the rental rate. In response to a question from Mr. Johnson, Mr. Birno suggested that if there is an increase in demand for off-season rentals, staff will investigate possible ways to stream-line the process to accommodate the requests. St. Louis Park Council Meeting Item: 022106 - 4k - PRAC Minutes Nov. 16, 2005 Page 2 Mr. Birno also discussed some of the requirements for rental of the banquet room at the Rec Center. He stated that in addition to the basic rental fee a group planning to serve alcohol is required use the City’s licensed alcohol supplier. The City has not contracted with a licensed food supplier and therefore rental groups hire there own food service. The fee for the police officer during the last three hours of the event required when alcohol is served is charged to the rental party. In response to a question from Commissioner Johnson, Mr. Birno indicated that the future rental opportunities at the Brick House, Westwood Nature Center, and the new screened porch at Westwood Nature area (planned construction in 2006) are not being considered until issues such as staffing, set-up, break down and clean up are addressed. In response to a question from Mr. Hawkinson, Mr. Birno indicated that St. Louis Park residents make up the majority of facility rentals. The Banquet Room is used by residents and non-residents. Mr. Johnson inquired if usage frequency is monitored? Mr. Birno advised that it is. Mr. Johnson suggested developing a baseline rental revenue figure from the 2005 season and use these numbers for future year comparisons. He felt this could be an opportunity to justify future improvements and staffing needs. Mr. Worthington inquired as to how often rates are adjusted. Mr. Birno advised that the fees and charges are reviewed every September and are adjusted as needed. In response to a question from Mr. Johnson, Mr. Birno stated that fees and charges are regularly compared to similar programs and facilities in other Cities. B. Youth Association Meeting – Agenda & Questions Mr. Worthington opened the discussion inquiring as to which Associations should be invited to the next meeting and what questions should be asked. The Commission discussed several possibilities agreeing that basic information should be presented by each association such as: participation rates, fees and how their leagues are structured. Mr. Hallfin explained procedures that are followed for grievances within the Little League organization. In response to a question from Mr. Johnson, Mr. Birno acknowledged that most Associations have similar organizational structure. Mr. Hallfin commented that the structure of Little League is quite thorough due to the length of time the organization has been in existence. Mr. Johnson suggested that perhaps the City sponsor some kind of clinic for the associations on dealing with difficult people. Mr. Foulkes commented that it probably should not be the City’s responsibility to provide that kind of service. Mr. Worthington advised that many youth athletic associations now hire full/part time staff to run their athletic programs such as the BAA in Bloomington and the Chaska Soccer Association. In response to a question from Mr. Johnson, Mr. Birno advised that all Athletic Associations are required to fill out a facility use request form, comply to the standards addressed in the form and provide a copy of insurance information in order make requests for field use. St. Louis Park Council Meeting Item: 022106 - 4k - PRAC Minutes Nov. 16, 2005 Page 3 The Commission reviewed and agreed on the following questions to discuss with the Youth Athletic Associations: § General update from the Association § Description of league team structure and format § Participation rates and future trends? § Issues or concerns? § Future needs? § Update on City planned Capital Projects which impact the Association § Does your Association prefer the individual style meeting with the Park Commission or the group style summit? Mr. Hawkinson suggested that the Commission have each Association as the first agenda item at the beginning of each meeting and the Commission agreed. In response to a question from Mr. Foulkes, Mr. Birno advised that groups have to form an Association in order to access facilities at no charge. Mr. Worthington added that there is a list of requirements that Associations have to fulfill to continue use of City owned facilities. The Commission agreed to invite the Football Association and The Boys Traveling Basketball Association to the January Commission meeting. Mr. Birno will have the Parks and Recreation invite both Associations to the January 18th meeting. After a short discussion the Commission decided that the Soccer Association will be invited in February, Traveling Baseball in March, the Baseball Association in April, irls Fast pitch in May and the Hockey Association in September. Mr. Birno stated that he will put together a schedule which will be included in the January agenda. . Mr. Hawkinson suggested inviting all of the baseball associations together. Mr. Hallfin advised that it would be better to have each one come separately. 5. Old Business A. 2006 CIP Projects Mr. Birno advised the Commission that the proposed 2006 CIP has not yet been approved by the City Council. He reviewed plans for 2006 including the Aquila Park building improvements and fencing replacement, Westwood projects, Northside Park improvements, Minikahda-Vista shelter and play structure replacement, Fern Hill Park improvements and all the scheduled improvements for the year. When asked about the budget for the 2006 CIP, Mr. Birno responded that the proposed budget is approximately $920,000.00. Ms. Walsh will provide the Commission with a copy of the 2006 CIP when it is approved. Mr. Birno sent the proposed copy of the CIP around the table for the Commissioners to review. St. Louis Park Council Meeting Item: 022106 - 4k - PRAC Minutes Nov. 16, 2005 Page 4 In response to a question from Mr. Hawkinson, Mr. Birno informed the Commission that the disc golf course project is slated for the 2008 CIP budget. The location is yet to be determined. Mr. Johnson suggested using the land by Carlson Park. Mr. Birno commented that disc golf is unique in that it potentially fits well in many existing locations. Mr. Worthington commented that Three Rivers Park Disrtrict charges for use of their course. B. Expired Terms Mr. Birno informed the Commission that with the exception of Mr. Hawkinson, all terms expire as of December 31. Mr. Birno inquired as to which Commissioners would like to renew their terms. Mr. Hallfin, Mr. Worthington and Mr. Foulkes all expressed interest in renewing their terms. Mr. Johnson declined advising that he is also on the Bass Creek Watershed Management Commission and would prefer to serve on one commission only. Staff will call Mr. Cornwall to verify his status. Other vacancies to be filled are that of Mr. Strong and Ms. Lindenberg. Mr. Birno advised that he has the names of a couple of students who might be interested in filing Ms. Lindenberg’s vacancy. Mr. Foulkes suggested possibly contacting the woman who had applied for the position he was assigned to see if she is still interested in serving. Mr. Worthington requested the placement of an announcement in the Sun/Sailor. In recognition of Mr. Johnson and his years of service on the Parks and Recreation Advisory Commission, the Commission agreed to have lunch at Fuddruckers on December 7th at 12:30 p.m. The Commission agreed to not meet in December. The next meeting will be January 18, 2006. 6. Communications A. Chair None. B. Commissioners Mr. Johnson inquired as to the 2005 figures for summer operation of the pool. Mr. Birno advised that the numbers are not all available yet but they appear to be up from 2004 which was a cool summer. There were very few storms during operation hours in 2005 so the pool was not closed very often therefore maintaining attendance along with higher staff expenses. Mr. Birno noted that concession sales were strong as well as group attendance and private rentals. Mr. Birno indicated that final revenue figures will be given to the Commission in January. Mr. Foulkes suggested allowing Minneapolis residents to have the St. Louis Park resident rate in order to increase revenue. In response to a question from Mr. Worthington, Mr. Hallfin discussed the Hockey Association merger. He stated that some parents feel the merger created a situation in which there are not enough players for a ‘C’ team in St. Louis Park. He also explained that the St. Louis Park Girls Hockey Program has always merged with an outside Association on an annual basis. The boy’s merger created a change in which some participants are not happy. St. Louis Park Council Meeting Item: 022106 - 4k - PRAC Minutes Nov. 16, 2005 Page 5 C. Program Report – Rick Birno Mr. Birno informed the Commission that the Browndale Park Building Grand Opening will be December 28 at 6:00 p.m. and the Nelson Building Grand Opening will be December 30 at 6:00 p.m. He also stated that the New Year’s Eve event time is from 2- 5:00 p.m. on December 31st. Mr. Birno stated that the first Bee Hive meeting has been scheduled. He indicated that the committee will be challenged to create a timeline, process, find a new location and develop a budget for the project. In response to a question from Mr. Johnson, Mr. Birno noted that the Bee Hive project will not involve the silo next to Nordic Ware.. Mr. Birno also noted that the Parks and Recreation 2006 Spring and Summer planning is underway and all information must be ready to go by the end of December. 7. Adjournment Moved by Mr. Johnson and seconded by Mr. Hawkinson to adjourn. The motion passed 5-0. With no further business the Commission adjourned at 8:43 p.m. Minutes prepared and respectfully submitted by, Carrie Haslerud Recording Secretary St. Louis Park Council Meeting Item: 022106 - 4l - Fire Civil Service Minutes Aug. 3, 2005 Page 1 MINUTES FIRE CIVIL SERVICE COMMISSION August 3, 2005 – 8:00 a.m. FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 8:00 a.m. by President MacMillan. 2) In attendance were Commission President William MacMillan, Commissioners David Lee and Marjorie Douville. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Luke Stemmer, Fire Chief; Mark Windschitl, Battalion Chief; and Bill Ryan, Union President. 3) A motion was made by Commissioner Douville, seconded by Commissioner Lee to accept the minutes from the May 11, 2005 meeting. The motion carried unanimously. 4) Chief Stemmer updated the Commission on the status of the vacant Lieutenant positions. One of the names certified, William Ryan, has declined certification. 5) A motion was made by Commissioner Lee, seconded by Commissioner Douville to accept, with regret, Bill Ryan’s letter removing him from the Fire Lieutenant Eligibility Roster. Motion carried unanimously. 6) Chief Stemmer also explained that budget changes have allowed the Chief to bring the department back to full staff with 5 Lieutenants (we currently have 3). There is only one remaining name certified on the eligibility roster. Therefore, the Commissioners need to certify the next three names on the list to fill the 2 vacant positions. 7) A motion was made by Commissioner Lee, seconded by Commissioner Douville to certify the next 2 highest names on the Firefighter Eligibility Register (Peter Ludwig and Steven Powers) to join currently certified Bob Hampton to fill the first Fire Lieutenant vacancy, with the understanding that upon filling the position, the next highest name on the list (Shawn Glapa) will be automatically certified to fill the second vacancy. The motion carried unanimously. 8) Other business: Chief Stemmer updated the Commission on the status of the vacant Firefighter position. A conditional offer has been made to one of the candidates on the Eligibility Roster. The candidate’s start date is pending physical, background, and psychological testing. Upon appointment, the department will be at full staff. 9) A motion was made by Commissioner Douville, seconded by Commissioner Lee to adjourn the meeting. The Commission adjourned at 8:12 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission St. Louis Park Council Meeting Item: 022106 - 4m - HA Board Minutes Jan. 11, 2006 Page 1 MINUTES Housing Authority St. Louis Park City Hall, Westwood Room St. Louis Park, Minnesota Wednesday, January 11, 2005 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt and Judith Moore. Commissioner Anne Mavity arrived at 5:05 p.m. STAFF PRESENT: Sharon Anderson, Jane Klesk, Kathy Larsen, Kevin Locke and Michele Schnitker. 1. Call to Order Commissioner Courtney called the meeting to order at 5:03 p.m. 2. Approval of Minutes for December, 2005 The December 14, 2005 minutes were unanimously approved. 3. Hearings a. Housing Authority Annual Agency Plan 2006 Ms. Schnitker explained that the HA Annual Agency Plan is meant to serve as a planning tool for the HA, a community guide to the HA’s policies, programs and activities, and a streamlined submission to HUD of grant and programmatic information. The Public Hearing was opened at 5:10 p.m. Since no one was present to provide comments, the Public Hearing was closed at 5:10 p.m. 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. PHA Certifications of Compliance with the PHA Plans and Related Regulations, Resolution No. 542 Ms. Schnitker noted that prior to submission of the Agency Plan, the HA must certify that the Plan is consistent with the jurisdiction’s Consolidated Plan, that the HA held a Public Hearing to discuss the Plan and that it was available for viewing, that the HA established a Resident Advisory Board to discuss the Plan, and that the HA will affirmatively further fair housing and comply with the prohibition against discrimination. Commissioner Moore moved to approve St. Louis Park Council Meeting Item: 022106 - 4m - HA Board Minutes Jan. 11, 2006 Page 2 Resolution No. 542, PHA Certifications of Compliance with the PHA Plans and Regulated Regulations: Board Resolution to Accompany the Streamlined Annual PHA Plan, and Commissioner Fillbrandt seconded the motion. The motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. b. Contract Extension – Discount Loan Program Ms. Larsen provided the Board with background on the Discount Loan Program, explaining that the HA’s contract with Center for Energy and Environment, the program loan administrator, is currently up for review and approval. Commissioner Mavity moved for approval of the execution of the Contract for Discount Loan Program with Center for Energy and Environment for professional services to provide loan administration services at a fee of $125.00 per loan, through December 31, 2006. Commissioner Moore seconded the motion, and the motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. c. Housing Matrix – Housing Types, Numbers and Goals Ms. Larsen presented the draft Housing Matrix for Commissioner review and comments. The matrix spreadsheet reflects the current status of housing types in St. Louis Park. Based on input from the HA Board, City Council, Planning Commission and other city staff, the matrix will be revised. d. Approval of Family Self-Sufficiency Contract with RESOURCE, Inc. Ms. Schnitker stated that although the Board had previously approved entering into a contract with Jewish Vocational Services (JVS) to administer the TRAILS program for 2006, RESOURCE, Inc. came forward with a proposal that was felt to be in the HA’s, coordinator’s, and the participants’ best interests. After further discussion the HA and JVS mutually agreed to rescind their contract. Commissioner Mavity moved to rescind the Family Self-Sufficiency Contract with Jewish Vocational Services, and for approval of the Second Amendment to the Agreement Between the Housing Authority of St. Louis Park and RESOURCE, Inc. (Employment Action Center), to administer the TRAILS program from January 1 through December 31, 2006 at an annual cost not to exceed $21,639.43. Commissioner Fillbrandt seconded the motion and the motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. St. Louis Park Council Meeting Item: 022106 - 4m - HA Board Minutes Jan. 11, 2006 Page 3 e. Review of Public Housing and Section 8 Housing Choice Voucher Waiting List Preferences Ms. Schnitker reviewed the current local preferences established to provide housing priorities for applicants on the HA’s waiting lists for both Section 8 and Public Housing. The Commissioners decided not to make changes to the waiting list preferences at this time and asked that this item be included on the February meeting agenda for further discussion. 7. Communications from Executive Director a. Claims List January - 2006 Commissioner Moore moved for ratification of Claims List No. 1-2006, and Commissioner Mavity seconded the motion. The motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. b. Communications 1. Monthly Report for January, 2006 2. Scattered Site Houses and Hamilton House (verbal report) 3. Draft Financial Statements - Report 8. Other 9. Adjournment Commissioner Fillbrandt moved to adjourn the meeting, and Commissioner Moore seconded the motion. The motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. The meeting adjourned at 7:05 p.m. Respectfully submitted, Anne Mavity, Secretary St. Louis Park Council Meeting Item: 022106 - 4n - Planning Comm Minutes Jan. 18, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA January 18, 2006 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynn Carper, Robert Kramer, Carl Robertson, Jerry Timian MEMBERS ABSENT: Claudia Johnston-Madison, Dennis Morris STAFF PRESENT: Adam Fulton, Kathy Larsen, Meg McMonigal, Gary Morrison, Nancy Sells, Sean Walther 1. Call to order - Roll Call 2. Approval of Minutes of December 21, 2005 and January 4, 2006 Chair Carper reported that the outcome of the vote is missing for Item 5A, page 5 of the minutes of December 21st. Staff will correct the minutes to reflect that the vote was 5-0 recommending approval of the Hoigaard Final PUD and Plat with conditions. Commissioner Robertson moved approval of the minutes for December 21, 2005 as corrected and Commissioner Kramer seconded the motion. The motion passed on a vote of 4-0. Commissioner Kramer moved approval of the minutes of January 4, 2006 and Commissioner Robertson seconded the motion. The motion passed on a vote of 4-0. 3. Hearings: A. Comprehensive Plan Amendment to change land use designation from Park to Low Density Residential Location: 7701 Edgebrook Drive Applicant: City of St. Louis Park Case No.: 05-71-CP Adam Fulton, Associate Planner, introduced Kathy Larsen, Housing Program Coordinator. Ms. Larsen presented a brief overview of the Excess Land Process which began in January 2005. Ms. Larsen said on December 5, 2005, the City Council approved resolutions to begin the process to sell nine of the parcels for single-family homes. Mr. Fulton presented the staff report. St. Louis Park Council Meeting Item: 022106 - 4n - Planning Comm Minutes Jan. 18, 2006 Page 2 Chair Carper asked if the parcel at 7701 Edgebrook Drive is an active park. Ms. Larsen said the Park department determined the parcel is not required for the park system. Chair Carper asked about reserving some area for pedestrians’ right-of-way. Ms. Larsen said access to the park is not a hardship. Commissioner Timian remarked that many people access the park through the alleyway. Commissioners Timian and Robertson stated that they were members of the Excess Land Task Force. They said the task force looked at park issues when analyzing this parcel. Commissioner Robertson said this parcel would make a great single-family home lot. Chair Carper opened the public hearing. Paula Barrett, 7618 Edgebrook Drive, lives across the street from the park. She said she was concerned about parking. Ms. Barrett’s home was built in 1890 and she asked if any thought has been given to what type of home will be built. She commented that there is a lot of train noise and train vibration in the block. Ms. Larsen said the Park department will monitor park use once the house is built. The Park department believes there will be adequate parking. Ms. Larsen said the City Council has established design guidelines for the parcels to address compatibility with neighborhoods. A design review committee will determine design criteria. Parties interested in purchasing this parcel will be made aware of the train noise. Chair Carper closed the public hearing. Commissioner Robertson made a motion to recommend approval of an amendment to the Comprehensive Plan for 7701 Edgebrook Drive from P to Low Density Residential. Commissioner Kramer seconded the motion. The motion passed on a vote of 4-0. B. Comprehensive Plan Amendment to change land use designation from Park to Low Density Residential Location: 9019 Cedar Lake Road Applicant: City of St. Louis Park Case No.: 05-72-CP Mr. Fulton presented the staff report. Chair Carper asked about public access to Hannon Lake. Gary Morrison, Assistant Zoning Administrator, said there is some access on the west side of the lake. Mr. Fulton said the parcel will come before the Planning Commission again as it needs to be platted. The current request is for a change in land designation only. St. Louis Park Council Meeting Item: 022106 - 4n - Planning Comm Minutes Jan. 18, 2006 Page 3 Commissioner Timian asked if the steep terrain would be a problem in developing this property. Ms. Larsen said it would be a challenge. Meg McMonigal, Planning and Zoning Supervisor, said the intent is to have a private developer look at it and determine how best to develop it. Chair Carper opened the public hearing. As no one was present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson made a motion to recommend approval of an amendment to the Comprehensive Plan for a portion of 9019 Cedar Lake Road from Parks to Low Density Residential. Commissioner Kramer seconded the motion. The motion passed on a vote of 4-0. C. Comprehensive Plan Amendment to change land use designation from Park to Low Density Residential Location: 2715 Monterey Avenue South Applicant: City of St. Louis Park Case No.: 05-73-CP Mr. Fulton presented the staff report. Chair Carper asked about the odd configuration of the lot. Mr. Fulton said it is due to a railroad right-of-way, which was vacated many years ago. Mr. Fulton said a utility easement would not prevent building on this lot. Chair Carper opened the public hearing. As no one was present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson made a motion to recommend approval of an amendment to the Comprehensive Plan for 2715 Monterey Ave. S. from Park to Low Density Residential. Commissioner Timian seconded the motion. The motion passed on a vote of 4-0. 4. Other Business A. Zoning Text Amendments for residential setbacks (Amendment A. 4 front yard) Case No.: 05-69-ZA Ms. McMonigal distributed a revised report. Mr. Morrison presented the staff report. He discussed Alternative #1—Neighbor’s Existing Front Yard and Alternative #2—Established Front Yard Limit, With Exceptions. St. Louis Park Council Meeting Item: 022106 - 4n - Planning Comm Minutes Jan. 18, 2006 Page 4 Mr. Morrison discussed Chair Carper’s request regarding setbacks on Parklands Road and Forest Road, explaining that it was difficult to establish setbacks on these streets. Chair Carper thanked Mr. Morrison for his extra work on this area. Commissioner Robertson said he believes exceptions are not necessary on curvy, hilly streets because homes are set differently from the street and are all over the “board” anyway. The 30 or 35 foot setback could be applied. Chair Carper asked when other types of streets are considered, where does one look to determine the natural dividing points? He asked how other areas would be added to the amendment and how the cutoff point would be determined. Mr. Morrison replied that one way would be to establish the intent of the ordinance. Staff was concerned about the historic nature of the postwar homes having been built in straight lines. Mr. Morrison said the scope could be broadened. A subset or a recommendation could be added as this moves forward to the Council. It would be easy to amend. Chair Carper stated that the public hearing did not need to be reopened. Commissioner Robertson said staff did a very nice job of working with the Planning Commission’s concerns about Alternative #1. He said Alternative #2 is a good solution. Commissioner Kramer said going forward there will be a certain amount of higher maintenance with the amendment, but it seemed worthwhile and logical. Commissioner Kramer asked for clarification regarding those blocks that have a smaller setback. Mr. Morrison responded that the basic setback in the R2 District is 25 feet, but for these exceptions everyone would be able to add at least five feet. Commissioner Kramer said he is in favor of this because it is a sensitive approach as opposed to arbitrary. Commissioner Robertson added that Alternative #2 is user friendly. Ms. McMonigal said the Planning Department can easily help people under this alternative. Chair Carper thanked the Planning Department and the Planning Commission for their work on the amendment. Commissioner Robertson made a motion to recommend approval of the amendment to the zoning ordinance adopting Alternative #2—Establishing Front Yard Limits, With Exceptions. Commissioner Kramer seconded the motion. The motion passed on a vote of 4-0. St. Louis Park Council Meeting Item: 022106 - 4n - Planning Comm Minutes Jan. 18, 2006 Page 5 5. Communications A. BOZA agenda Jan. 5, 2006 B. Sean Walther, the new Senior Planner, was introduced to the Commission. 6. Adjournment The meeting was adjourned at 7:20 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 022106 - 4o - Telecommunications Minutes Dec. 8, 2005 Page 1 OFFICIAL MINUTES ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION MEETING OF DECEMBER 8, 2005 ST. LOUIS PARK COUNCIL CHAMBERS MEMBERS PRESENT: Rick Dworsky, Dale Hartman, Mary Jean Overend and Rolf Peterson MEMBERS ABSENT: Bruce Browning, Ken Huiras and Bob Jacobson, STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community TV Coordinator OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs Administrator 1. Call to Order Chair Dworsky called the meeting to order at 7:02 PM. 2. Roll Call Present at roll call were Commissioners Dworsky, Hartman, Overend and Peterson. 3. Approval of Minutes for October 6, 2005 Commissioner Peterson indicated it should note he abstained on the motion to approve the July 26, 2005 minutes. It was moved by Commissioner Peterson, seconded by Commissioner Hartman, to approve the minutes of October 6, 2005, without changes. The motion passed 4-0. 4. Adoption of Agenda It was moved by Commissioner Overend, seconded by Commissioner Peterson, to approve the agenda. The motion passed 4-0. 5. Public Comment - None 6. New Business A. Time Warner presentation on new cable rates Mr. Dunlap indicated most rates were going up $2.30 to $3.00 (not including 5% franchise fee and 6.5% Minnesota sales tax) and reviewed the changes in packages. The increase was about 5%, similar to what the industry had done the last few years and similar to Comcast’s proposed increase. Converter boxes, Road Runner, digital telephone and the movie pack, sports pack and single premium channel prices were not going up. The trip charge for a technician to come to your home had dropped, as well as the hourly service charge for custom work. St. Louis Park Council Meeting Item: 022106 - 4o - Telecommunications Minutes Dec. 8, 2005 Page 2 Chair Dworsky asked the rationale for the increase and what the customer could expect? Mr. Mattern replied the increase was for operating expenses, and that quality of programming was also a major factor. Commissioner Hartman expressed a concern about paying for sports channels when people didn’t view them as well as channels that had a lot of infomercials. Mr. Mattern responded sports channels were very popular which was why there were so many. Commissioner Hartman suggested programs running between 6-9 PM should be repeated later in the evening. Mr. Mattern replied they didn’t control the programming. Mr. Dunlap indicated companies were considering a la carte more and as well as offering more tiers such as a family tier. B. Review School District reports Mr. Dunlap stated the $31,500 that went to the School District late last year, as part of an equipment grant from Time Warner had not been spent. The proposal was to upgrade the senior high studio facility. They were waiting to see what happened with the proposal for Pavek Museum and whether or not they could go forward with putting a community TV studio there. They upgraded the NASA TV signal to digital. They were going to do a pilot project sending video over their fiber and use the Central Community Center and the Spanish Immersion School as the test case because there was presently no cable service there. They were getting a tremendous amount of programming from Susan Lindgren School, as well as programs from the Senior High, Aquilla and Peter Hobart. Chair Dworsky asked a time frame for the Pavek Museum? Mr. McHugh replied he would include that in the renewal update. C. Set meetings for 2006 The Commission set the 2006 meeting schedule as follows: January 19, February 9 (Annual meeting), March 27th tentatively (Joint meeting with City Council), May 4, August 3, October 5 and December 7. Mr. Dunlap indicated he would report back if there were conflicts with room availability. D. Work Plan for 2006 Mr. Dunlap suggested the Commission use this time to suggest additional items. They will host a meeting January 19th to discuss the City’s website and improvements the public would like to see. The City hired a new web master and they are considering video streaming of City Council meetings and adding other features. The Commission could combine this with the annual meeting. St. Louis Park Council Meeting Item: 022106 - 4o - Telecommunications Minutes Dec. 8, 2005 Page 3 Chair Dworsky asked if there was a way to solicit input and let people know how to provide suggestions? Mr. Dunlap replied they could call him with input or send an email. Chair Dworsky suggested a link be provided on the website for people to comments. Commissioner Peterson asked about the visioning on the January 19th schedule? Mr. Dunlap replied Martha McDonell, the facilitator, would be discussing it after the meeting. He described the Vision St. Louis Park process. They will begin running a DVD of the process on Channel 17 in the next week or two. 7. Old Business A. Franchise Renewal Update Mr. McHugh reported the renewal would be going before City Council on December 19th. It had been continued several times. The discussions were now between legal counsel, which was a good sign and they were close to finalizing language. Another issue was how long the existing television production studio would be available before replacement and possibility of using the Pavek Museum. Chair Dworsky asked if there was a time frame? Mr. McHugh replied December 19, 2005. A letter was received from the Pavek Museum of Broadcasting regarding the proposed studio and their conditions for using it. The City needed to provide liability insurance. The Pavek Museum needed to be able to use the studio for their purposes and the City would need to schedule around museum use. The television production studio would be a new addition, which was driving their interest to use for school field trips. A concern was where they would put the studio and it would probably require a City variance. He hoped there would be progress before the Commission meeting on January 19th. B. Transfer of cable system from Time Warner to Comcast Mr. Dunlap reported the transfer would be going to Council on December 19th with the franchise renewal. Fridley, Shakopee and Bloomington had all approved a transfer to Comcast. Minneapolis was not as close and had presented several conditions. Commissioner Peterson asked what kind of conditions other cities proposed? Mr. Dunlap replied Bloomington went with St. Louis Park on a franchise fee review. Bloomington’s was conditioned that the franchise fee would be wrapped up to their satisfaction. Shakopee’s conditions weren’t extraordinary. Minneapolis had presented several pages of conditions, such as Comcast specifically stating there would be no impact to customers after the transfer happened and rates would not go up as a result of the transfer. There were a series of things Comcast had to provide to the City of Minneapolis in writing within 30 days. St. Louis Park Council Meeting Item: 022106 - 4o - Telecommunications Minutes Dec. 8, 2005 Page 4 C. St. Louis Park Wi-Fi pilot project update Mr. McHugh indicated the City had done research on wireless options. One of the driving factors was for the City to use wireless connectivity as opposed to on going monthly payments to an independent provider. Public Safety and public services would test this to make sure it worked in the field. Use for residents would go along with that. City Council had recently chosen to go ahead with a pilot project, which would be done in four residential areas (not chosen yet), a business area and a multiple unit dwelling. The timeline would be to select pilot areas in end of January, beginning of February. Evaluation would happen in April and May, concluding with a survey of users in May. After the evaluation, Council would decide if they wanted to go citywide. The pilot project would cost less than $300,000, which will be an internal loan from the Economic Development Fund. If rollout were done citywide, it was estimated to cost around $4.4 million. Chair Dworsky asked when the Council would decide? Mr. McHugh replied the end of May. 8. Reports A. Complaints Chair Dworsky indicated many of the complaints were regarding emergency broadcasting tests. What should viewers expect and what was the difference between analog and digital and the frequency? Mr. Dunlap replied that Time Warner had recently provided answers for the complainant. A Time Warner engineer indicated many of the cable channels on standard cable are part of an advertising system. If you are on one of those channels, during the alert system tests (generated monthly), there is a crawl at the bottom of the screen and you can still see your program. One of the exceptions was Turner Classic Movies, TCM. TCM shows a full screen graphic for 20-30 seconds saying a test was underway. Time Warner expects to replace the emergency alert system component that causes this problem by the end of the year and the customer was satisfied to hear that. Chair Dworsky asked Mr. Mattern to report about complaints 4, 5 and 6. On complaint number four, it concerned him that it noted no supervisor was available. Mr. Mattern stated the supervisor was possibly on the phone with another customer or away from their desk. This customer had an account that was still past due and he believed they went over and above for them. They were supposed to get back to the customer on #5, but had been provided with the wrong address and phone number and couldn’t get back to the customer. On compliant #6, work had been done, but the customer hadn’t checked before calling. Commissioner Hartman indicated Channels 63-69 had been experiencing an intermittent interference problem between 9-10 PM that made it difficult to watch. Mr. Mattern responded he could have someone check the area. St. Louis Park Council Meeting Item: 022106 - 4o - Telecommunications Minutes Dec. 8, 2005 Page 5 Commissioner Peterson stated he had seen the same problems and added he could faintly see another channel. It was very intermittent. Mr. Mattern stated he would have the channels monitored. Commissioner Overend indicated she had noticed problems with audio on Channel 17 with the School Board meetings. Commissioner Peterson replied they have a different microphone system and School Board members need to hold the microphone button down when speaking. Sometimes they don’t remember to do that. They are looking at improving their broadcasts. 9. Communication from the Chair Chair Dworsky indicated channel WGN exchanged their satellite. Was that an improvement? Mr. Dunlap replied yes, the customer who complained said it was definitely improved. 10. Communications from City Staff Mr. McHugh stated Channel 15 programming had a catastrophic failure of two DVD jukeboxes. A DVD changer was on order. If it works, they will order more. Plan “B” was to alternate programming with the remaining jukebox and video server and VCR’s. . He provided a list of Channel 15 programs produced so far this year. 11. Adjournment Commissioner Peterson made a motion, Commission Overend seconded to adjourn at 7:58. The motion passed. Respectfully submitted by: Amy L. Stegora-Peterson Recording Secretary St. Louis Park Council Meeting Item: 022106 - 5a - Appointments To Commissions Page 1 5a. Appointment of Citizen Representatives to Boards and Commissions Recommended Action: Motion to appoint two citizen representatives to the Police Advisory Commission. Background: The City Council interviewed Hans Widmer and James Smith on February 13, 2006 for two remaining vacancies on the Police Advisory Commission. After the interviews, Council discussed the candidates at length and agreed to make appointments to the Police Advisory Commission at the February 21, 2006 meeting. The Police Advisory Commission has two mid-term openings. Both terms expire on December 31, 2007. When a vacancy occurs in the middle of the term, the Council may appoint a citizen representative to complete the remainder of the term. If appointed, the new commissioners would serve until December 31, 2007. Recommendation: It is recommended that Council make a motion to appoint two citizen representatives to serve on the Police Advisory Commission until December 31, 2007. Prepared By: Marcia Honold, Management Assistant Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 1 6a. Public Hearing to Consider Allocation of 2006 Community Development Block Grant Funds (CDBG) and Proposed Reallocation of $57,500 of 2004 CDBG Funds Resolution approving the proposed use of $213,302 of 2006 Urban Hennepin County CDBG Funds, reallocation of 2004 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements. Recommended Action: Mayor to close the public hearing. Motion to adopt the Resolution approving proposed use of funds for 2006 Urban Hennepin County Community Development Block Grant funds, reallocation of 2004 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements BACKGROUND: The City will receive approximately $213,302 in federal CDBG funds in 2006 through Hennepin County which is $5,000 less than last year. In 2005 cities had been advised that CDBG funding would be severely cut and potentially eliminated – this did not occur. The City’s allocation is based on the HUD formula using the City’s share of three factors for Urban Hennepin County: 1) population; 2) number of persons with incomes at or below poverty; and 3) overcrowded housing units. The national objectives of the program are: • Benefit low and moderate-income persons (moderate is defined as up to 80% of median income or $58,000 for a family of four, and low is defined as up to 50% of median income or $38,350 for a family of four in 2005). • Prevention or elimination of slum or blight. • Meet a particular urgent community development need. The City Council has focused CDBG funds to address sticks and bricks improvements to the housing stock for low-income families, both single-family owners and multifamily housing residents. In the past years a small portion of funds have been allocated to support services for St. Louis Park Housing Authority residents. The St. Louis Park Housing Authority reviewed the proposed allocation at its February 8, 2006 meeting. 1. PROPOSED 2006 CDBG ALLOCATION The proposed activities for the allocation of CDBG funds reflect the priorities described in Vision St. Louis Park and the Economic Development Strategic Plan for Housing and Business and the City housing goals developed through the Housing Summit and approved by Council in 2005. Outlined in the following table are proposed activities and their respective budget amounts. St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 2 Table 1: Proposed 2006 Allocation - $213,302 Activity Project City Admin Budget Emergency Repair Program - single family housing rehabilitation $52,372 $4,930 $57,302 Housing Land Trust - acquisition single family housing $17,000 $1,500 $18,500 Multifamily Rehabilitation - rental housing rehab $78,000 $2,000 $80,000 St. Louis Park Emergency Program (STEP)- acquisition assistance $51,800 $5,700 $57,500 Total $199,172 $14,130 $213,302 This year’s proposed allocation would fund: single family housing rehab; single family acquisition; multifamily housing rehab; and reallocation to assist STEP with acquisition of a building. The project activities are described in the attached February 13 Study Session Report. 2. PROPOSED REALLOCATION OF 2004 FUNDS - $57,500 The CDBG funding cycle results in expenditures from three grant years in any given calendar year. Reallocation of funds from one project to another allows the flexibility to ensure community needs are met as they arise and funds are expended. Staff suggest that reallocation of 2004 funds be included with the 2006 grant year resolution. In 2004, $57,500 was allocated to assist STEP with purchase of a building for the food shelf, emergency services and counseling for low-income residents. However, as STEP has not yet located a building to purchase, the 2004 funding needs to be reallocated to another activity. (The 2006 funding for this activity will replace the original allocation.) Proposed Revision to 2004 Reallocation Staff had originally proposed that $57,500 be used to fund the single family housing rehab through the County administered deferred loan program as noted in the February 13 Council report. However, since the last report, staff has evaluated a request from Wayside House, and recommends that $33,000 of the 2004 reallocation be used to fund urgently needed building repairs at their facility located at 3705 Park Center Boulevard. Wayside House Improvement: $34,500 Wayside House has requested CDBG funds for emergency repairs to their facility at 3705 Park Center Boulevard. Facility improvements for agencies serving homeless low income persons is an eligible CDBG activity and is consistent with the County’s highest priority for CDBG funds. Wayside House provides transitional supportive housing to recovering chemically dependent low-income women, or women and their children. Wayside House is undergoing a strategic planning process that includes analysis of remaining at their current site, the cost effectiveness of major building rehab, and relocation considerations. In the meantime, the building needs the following urgently needed repairs: • $18,000 for carpet replacement. A citation from the MN Health Department provides Wayside until April of 2006 to make this safety related improvement. St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 3 • $7,500 for replacement of the water heater. The water heater has not failed, but is estimated to have less than 1-year life remaining. • $7,500 for parking lot and pot-hole repair. • $1,500 for city administrative costs. Wayside House is motivated to make these improvements in the very near future and has contracted with a professional property management and maintenance company that would provide oversight for the bidding and construction process. Wayside is confident 2004 funds could be expended by the June 2004 deadline. Single Family Rehabilitation Deferred Loans - $24,000 The proposed amount to be reallocated to this activity has been reduced to fund the Wayside improvements. This is the primary ongoing CDBG rehab loan program targeted for homeowners with annual income of 50% or less of the median area income, or $38,850 for a household of 4, and assets less than $25,000. The rehab focuses on improvements to bring homes into code compliance and provide long-term maintenance free housing. The maximum loan amount is $25,000 and is forgiven after 15 years. Repayment is required if homeowners sell the property before the 15-year period expires. The reallocation will provide funding for one additional home, and eight homes are currently in process, with funding secured. In the event additional funds would be required for this activity, future reallocations could be considered. Staff recommends approving the proposed reallocation of 2004 funds to Wayside House and the Single Family Rehabilitation Deferred Loans Next Steps: After the public hearing on February 22, 2005 and authorization of the proposed CDBG funding by the Council, staff will submit the Request for Funding to Hennepin County. Recommendation: Motion to adopt the Resolution approving the proposed use of 2005 Urban Hennepin County Community Development Block Grant funds and proposed reallocation of 2004 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements. Attachments: Resolution February 13, 2006 Study Session Memo regarding 2006 CDBG Funds Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 4 RESOLUTION NO. 06-_____ RESOLUTION APPROVING PROPOSED USE OF FUNDS FOR 2006 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, REALLOCATION OF 2004 FUNDS, AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENTS WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant program; and WHEREAS, the City of St. Louis Park developed a proposal for the use of 2006 Urban Hennepin County CDBG funds made available to it; and WHEREAS, the City of St. Louis Park held a public hearing on February 21, 2006 to obtain the views of citizens on local and urban Hennepin County housing and community development needs and priorities for the City’s proposed use of $213,302 from the 2006 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of St. Louis Park approves the following projects for funding from the 2006 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota approves the reallocation of Community Development Block Grant funds by reallocating 2004 funds as follows: $57,500 from the STEP facility acquisition to the Wayside House Treatment facility improvements ($33,000) and single family emergency repair program, ($24,500). Project Budget Emergency Repair Program - single family housing rehabilitation $57,302 Housing Land Trust - acquisition single family housing $18,500 Multifamily Rehabilitation - rental housing rehab $80,000 St. Louis Park Emergency Program (STEP)- acquisition assistance $57,500 Total $213,302 St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 5 BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute a Subrecipient Agreement and any required Third Party Agreements on behalf of the City to implement the 2006 CDBG program. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 6 Staff Report from February 13, 2006 Study Session – CDBG Allocation 6. Grant Year 2006 Community Development Block Grant (CDBG) Funds Proposed Allocation Community Development PURPOSE OF REPORT: The purpose of this report is to provide information to the Council on the proposed annual CDBG funding allocation for the 2006 CDBG program prior to the CDBG Public Hearing of February 21, 2006. The 2006 CDBG grant year runs from July 1, 2006 through December 31, 2007. BACKGROUND The City will receive approximately $213,302 in federal CDBG funds in 2006 through Hennepin County which is $5,000 less than last year. In 2005 cities had been advised that CDBG funding would be severely cut and potentially eliminated – this did not occur. The City’s allocation is based on the HUD formula using the City’s share of three factors for Urban Hennepin County: 1) population; 2) number of persons with incomes at or below poverty; and 3) overcrowded housing units. The national objectives of the program are: • Benefit low and moderate-income persons (moderate is defined as up to 80% of median income or $58,000 for a family of four, and low is defined as up to 50% of median income or $38,350 for a family of four in 2005). • Prevention or elimination of slum or blight. • Meet a particular urgent community development need. The City Council has focused CDBG funds to address sticks and bricks improvements to the housing stock for low-income families, both single-family owners and multifamily housing residents. In the past years a small portion of funds have been allocated to support services for St. Louis Park Housing Authority residents. The St. Louis Park Housing Authority (SLPHA) will be reviewing the proposed allocation at its February 8, 2006, meeting. 3. PROPOSED 2006 CDBG ALLOCATION The proposed activities for the allocation of CDBG funds reflect the priorities described in Vision St. Louis Park and the Economic Development Strategic Plan for Housing and Business and the City housing goals developed through the Housing Summit and approved by Council in 2005. St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 7 Table 1: Proposed 2006 Allocation - $213,302 Activity Project $ City Admin Budget Emergency Repair Program - single family housing rehabilitation $52,372 $4,930 $57,302 Housing Land Trust - acquisition single family housing $17,000 $1,500 $18,500 Multifamily Rehabilitation - rental housing rehab $78,000 $2,000 $80,000 St. Louis Park Emergency Program (STEP)- acquisition assistance $51,800 $5,700 $57,500 Total $199,172 $14,130 $213,302 This year’s proposed allocation would fund: single family housing rehab; single family acquisition; multifamily housing rehab; and reallocation to assist STEP with acquisition of a building. The project activities are described below. Emergency Repair Program – Single Family $57,302 This program is consistent with the Council’s focus on stick and bricks and has proven its responsiveness to low-income seniors and vulnerable residents with annual incomes of 50% or less of the median area income, ($26,850 for a single household) and assets less than $25,000. This project provides grants of up to $4,000 for emergencies such as leaking roofs and water heaters. This level of funding would provide grants to eighteen residents. Community Action Partnership for Suburban Hennepin County (CAPSH) currently administers this program for the City. Housing Land Trust - $18,500 Homes within Reach (HWR) is also known as the West Hennepin Affordable Housing Land Trust. The goal of this private non-profit is to provide ownership opportunities for working households in suburban Hennepin County. The buyer pays for the cost of the home only and the land trust purchases the land which it then leases to the buyer for 99 years. Homebuyers must have incomes at or below 80% of the median area income, or $58,500 for a household of four. When the HWR homes are sold the seller receives 35% of the appreciation of the home, the house is then resold to another income qualified owner who leases the land from the HWR. The use of the land trust ensures that public money supports the long-term affordability of homes, compared to previous affordable housing models that benefited only the first buyers. HWR was founded in 2001 and has purchased and sold 17 homes in the cities of Minnetonka, Richfield, New Hope, Wayzata and Eden Prairie. HWR also leverages funds with the MN Housing Finance Agency, Hennepin County Affordable Housing Incentive Funds, HOME funds and the Metropolitan Council. This project is consistent with the Council’s focus on using CDBG funds for sticks and bricks activities. St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 8 Multifamily Housing Rehab – $80,000 This project is consistent with the focus of CDBG funds to assist with capital improvements of housing for low-income residents. Generally, the lowest income residents live in housing provided by private non-profit affordable and supportive housing providers and the St. Louis Park Housing Authority. Funding for housing for the lowest-income renters concurs with Hennepin County’s CDBG highest funding priority. On December 19, 2005, Council passed a resolution directing staff to prepare the required documents to provide a $400,000 deferred loaned to the Louisiana Court Limited Partnership to assist with capital improvements at Louisiana Court. The stabilization plan developed by Project for Pride in Living with input from the City, County, MHFA and banker includes capital improvements to decrease maintenance costs and improve occupancy rates. At Council’s direction $80,000 of 2006 grant year funds could be combined with $194, 000 of 2005 grant year funds to finance 70% of the deferred loan. The remainder will be financed with TIF from the Park Center TIF District. St. Louis Park Emergency Program (STEP) – Acquisition Assistance - $57,500 CDBG funds of $57,500 are proposed to assist STEP with the purchase of a building for the food shelf, emergency services and counseling for low-income residents. This funding was proposed in 2004. However as STEP has not yet located a building to purchase, the 2004 funding needs to be reallocated to another activity, and the 2006 funding will replace the original allocation. The STEP relocation committee has a two-fold need for continuing the search for a permanent home for STEP. First, of course, is the recognition that the City leased Soomech building is not a permanent solution. Secondly, the STEP Board has been advised by their capital fund raising consultant that securing a building is essential to fund raising; people are more willing to donate for a building they can see, than a property to be determined. Staff will keep Council apprised of the relocation search activity. City Administrative Costs - $14,130 In the past CDBG funding was fully expended for project activity and staff administrative time was funded by the General Fund or Housing Rehabilitation Fund. Since the budget cuts of 2003, staff administrative time related to CDBG activity has been reimbursed with CDBG funding. The proposed 2006 allocation continues this practice and reflects actual city administrative costs. 4. PROPOSED REALLOCATION OF 2004 FUNDS - $57,500 The CDBG funding cycle results in expenditures from three grant years in any given calendar year. Reallocation of funds from one grant year to another allows the flexibility to ensure community needs are met as they arise and funds are expended. Staff suggest that reallocation of 2004 funds be included with the 2006 grant year resolution. St. Louis Park Council Meeting Item: 022106 - 6a - CDBG Public Hearing & Resolution Page 9 There is a balance of $57,500 to assist STEP with acquisition of a building that will not be spent by June 2006. Staff proposes this money be reallocated to single family housing rehab through the County administered deferred loan program. Single Family Rehabilitation Deferred Loans - $57,500 This is the primary ongoing CDBG rehab loan program targeted for homeowners with annual income of 50% or less of the median area income, or $38,850 for a household of 4, and assets less than $25,000. The rehab focuses on improvements to bring homes into code compliance and provide long-term maintenance free housing. The maximum loan amount is $25,000 and is forgiven after 15 years. Repayment is required if homeowners sell the property before the 15- year period expires. County staff project they can expend the money by the June deadline and have been quite active with St. Louis Park Residents. The previous year long waiting list no longer exists, as the county has added staff, three projects were completed in 2005 and another eight are in process. The reallocation will provide funding to improve up to 4 more homes. Next Steps The following actions are required to receive 2006 CDBG funds: February 21, 2006 Public hearing; passage of Resolution outlining proposed activities February 23, 2006 Deadline of submission of CDBG Application to Hennepin County. Attachment: Status Report: 2005 Housing Rehabilitation Activity, January 2006 Prepared By: Kathy Larsen, Housing Programs Coordinator Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 1 6b. Public Hearing - Modification of the Elmwood Village Tax Increment Finance District Plan to include the Hoigaard Village Project. This report considers a resolution adopting the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District to include the proposed Hoigaard Village project site. Recommended Action: Open / close Public Hearing. Motion to approve the resolution adopting the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District. Background Union Land II, LLC (a development group led by Dunbar Development Corporation) has options to purchase 9.6 acres of commercial/industrial property in the general vicinity of the Hoigaard’s store located at 3550 State Hwy 100. More precisely, the subject site consists of six (6) parcels between Xenwood Avenue on the West, Highway 100 on the East, West 36th Street on the South, and the CP Railroad on the North. Union Land II is proposing to purchase these properties, relocate existing businesses, remove the existing structures, remediate impacted soils, and prepare the area for redevelopment. In their place, the developer plans to construct a two-phase, four-stage, mixed use redevelopment called “Hoigaard Village”. Phase One will include two stages and will be constructed along the north side of 36th Street between Xenwood and Webster Avenues. Stage 1 will entail a five story, vertical mixed use building facing 36th Street. The building will have approximately 25,000 square feet of commercial space on the ground floor and a total of 74 condominium units on the upper four floors. Stage 2, to be built directly behind the mixed use building on the same block but along the south side of 35 1/2 Street, will include 58 condominiums with below ground parking. Phase Two will also include two stages and will be constructed on the properties currently owned by Hoigaards. Stage 3, built along the north side of 35 1/2 Street between Xenwood and Webster Avenues, will include 22 rowhouses with below ground parking. Stage 4, to be built where the Hoigaards store is currently located, will include a 220-unit, luxury apartment building. It will likely have 4 stories of housing above two stories of underground parking. Also incorporated into Phase Two will be a regional stormwater pond that will serve the northern portion of the Elmwood neighborhood. St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 2 All together, the proposed Hoigaard Village redevelopment project will include 374 housing units. Planning Approvals The proposed redevelopment is subject to all planning and zoning requirements related to a PUD. On September 19, 2005 the City Council approved a resolution that reguided and rezoned the subject redevelopment site from Commercial and Industrial to Commercial Mixed Use and High Density Residential. On November 21, 2005, the City Council approved the preliminary plat, PUD, and street vacation request for the Hoigaard Village project. The developer’s application for a final PUD and plat for Phase I of the project was approved by the City Council at its February 6, 2006 meeting. TIF District Approvals The EDA/Council reviewed the preliminary TIF application from Union Land II LLC at the January 10, 2005 study session. It received a project update on May 16, 2005. The developer’s revised TIF application and general business points were discussed at the November 14, 2005 study session where they received no objection and staff was directed to negotiate a redevelopment contract. At its January 3rd meeting, the Council set a public hearing date of February 21 to consider the modification of the existing Elmwood TIF District to include the Hoigaard Village project. On January 23rd, the EDA/Council discussed a list of more specific business points that served as the basis for the proposed Redevelopment Contract. On February 15th, the Planning Commission reviewed the Tax Increment Financing Plan for the Modification of the Elmwood Village TIF District and found that it was in conformance with the city’s Comprehensive Plan. Attached is a copy of the Tax Increment Financing Plan for the Modification of the Elmwood Village Tax Increment Financing District within Redevelopment Project No. 1. Staff and the EDA’s financial consultant, Ehlers & Associates, have reviewed numerous proformas from Union Land II and concurred that the proposed Hoigaard Village redevelopment project warrants the use of tax increment financing. More specifically, it was determined that there is a financial gap in the proforma of approximately $5 million. This gap is attributable to costs considered extraordinary to the proposed redevelopment. These include: building demolition, soil remediation (associated with the city’s former incinerator and maintenance facility), earthwork, replacement utilities, public infrastructure, and sub-regional stormwater pond. It is for these costs that Union II is seeking public financing assistance. This level of assistance would be considered reasonable given the complexity, quality, projected total value, and other residual benefits derived from the proposed redevelopment. The subject site is within the City’s Redevelopment Project Area. Staff is recommending that the existing Elmwood Village TIF District (a Renewal and Renovation District created in 2004) be modified to include the Hoigaard Village project instead of creating a new, separate district. St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 3 Results of TIF Feasibility Analysis Staff retained (at developer’s expense) LHB, Inc. to conduct a state-required inspection to determine if the proposed project qualified as a Renewal and Renovation TIF District. The inspection concluded that the proposed redevelopment area met both the “Coverage Test” and the “Condition of Buildings Test” and thus qualified under Minnesota Statutes for tax increment financing assistance. Synopsis of the Proposed Modification to the Elmwood TIF District The Modification to the Elmwood Village TIF District adds eight (8) parcels in the general vicinity of Hoigaard’s to the existing Elmwood Village TIF District (please see attached map). The two small commercial buildings located on the east side of Webster Ave and abutting Hoigaards’ south parking lot (3525 Webster Ave S and 3536 State Hwy No 100 S.) are not currently part of the proposed redevelopment but are included in the modified TIF District in the event the developer acquires them and incorporates them into the project. It should also be noted that neither the proposed Hoigaard Village project nor the modification to the Elmwood TIF District include the property occupied by Burlington Coat Factory and Micro Center. Classification of the District The type of TIF district proposed for the subject project is a scattered site Renewal and Renovation TIF District. The Elmwood Village TIF District is also a Renewal and Renovation District. The proposed project meets statutory criteria for inclusion in a Renewal and Renovation TIF District based on the following findings of fact: • The District is a renewal and renovation district consisting of 10 parcels. • An inventory shows that the parcels which are occupied (meaning that more than 15% of the area of the parcel is occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures) constitute over 70% of the area of the District. • An inspection of the buildings located within the District finds that more than 20 percent of the buildings are structurally substandard as defined in the TIF Act. • An inspection of the buildings located within the District finds that more than 30 percent of the buildings require substantial renovation or clearance to remove existing conditions such as defined in the TIF Act. Duration of the District As authorized by statute, the duration of renewal and renovation districts is 15 years after receipt of the first increment by the city (a total of 16 years of tax increment). The date of receipt of the first full tax increment by the city will be 2007. Thus, it is estimated that the District would terminate after 2022, or when the TIF plan is satisfied. The EDA or city has the right to decertify the District prior to the legally required date. St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 4 Fiscal Disparities Election In keeping with the city’s TIF Policy, the modified District will contribute to fiscal disparities. Recommendation The proposed Modification of the Elmwood Village TIF Plan and accompanying resolution was prepared by the EDA’s financial and legal consultants in consultation with staff. Staff recommends approval of the attached resolution approving the Modification of the TIF Plan for the Elmwood Village TIF District as presented. Attachments: Resolution TIF Plan 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: 022106 - 6b - Modification Of Elmwood TIF Dist Page 5 CITY OF ST. LOUIS PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 06-041 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE ELMWOOD VILLAGE TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED by the City Council (the "Council") of the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board") of the City of St. Louis Park (the "EDA") has heretofore established Redevelopment Project No. 1 and adopted a Redevelopment Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Redevelopment Plan for Redevelopment Project No. 1 (the "Redevelopment Plan Modification") and a Modification to the Elmwood Village Tax Increment Financing Plan (the "TIF Plan Modification") for the Elmwood Village Tax Increment Financing (the "District") therefor (the Redevelopment Plan Modification and the TIF Plan Modification are referred to collectively herein as the ''Modifications"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Modifications and has caused the Modifications to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of the County of Hennepin and Independent School District No. 283 having taxing jurisdiction over the property included in the District, a review of and written comment on the Modifications by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of Redevelopment Project No. 1. 1.05. The City is enlarging the boundaries of the Elmwood Village Tax Increment Financing District. The District is being modified to be a scattered site renovation and renewal district that includes 8 additional parcels to facilitate various public improvements associated with the construction of approximately 154 owner occupied units, 220 rental units and 25,000 sq/ft of retail space. St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 6 Section 2. Findings for the Tax Increment Financing Plan Modification. 2.01. The Council hereby finds that the Modifications, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Modifications, which are hereby incorporated herein. Section 3. Findings for the Modification of the Elmwood Village Tax Increment Financing District. 3.01. The Council hereby finds that the District is a "scattered site renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Modifications conform to the general plan for the development or redevelopment of the City as a whole; and that the Modifications will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The City elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Modifications conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up. In addition, the plans and modification will facilitate the development of several sites that are occupied by obsolete industrial users with outside storage and environmental contamination issues and an underutilized site containing a retail facility. The re-use of the site will create 354 units of housing and 25,000 sq/ft of retail, which will improve the tax base and improve the general economy of the State, and thereby serves a public purpose. Section 5. Approval and Adoption of the Modifications; Filing. 5.01. The Modifications are hereby approved, and shall be placed on file in the office of the City Clerk. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 7 5.02. The staff of the City is authorized to file the Modifications with the Commissioner of Revenue, the Office of the State Auditor and the County of Hennepin Auditor. 5.03. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. Reviewed for Administration: Adopted by the City Council February 21, 2006 _________________________________ ____________________________________ City Manager Mayor ATTEST: __________________________________ (Seal) City Clerk St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 8 EXHIBIT A RESOLUTION NO. 06-041 The reasons and facts supporting the findings for the adoption of the Modification to the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the Elmwood Village Tax Increment Financing District is a scattered site renewal and renovation district as defined in M.S., Section 469.174, Subd. 10a. The District consists of 8 parcels, with plans to redevelop the area for housing and commercial purposes. The development will consist of approximately 154 owner occupied units, 220 rental units and 25,000 sq/ft of retail space. More than 70 percent of the area in the District is occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 20 percent of the buildings in the District are structurally substandard, and more than 30 percent are requiring substantial renovation or clearance. (See Appendix F of the TIF Plan) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the Elmwood Village Tax Increment Financing District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: The modified area being added to the District is occupied by substandard buildings and other buildings that meet a lesser standard of obsolescence, all as further described in Appendix F. The first phase requires acquisition, relocation of existing businesses, demolition of all the existing structures, extensive environmental remediation and construction of 74 owner- occupied housing units and 25,000 sq/ft of retail space by Dunbar Development. The City has analyzed a proforma submitted by the developer, which, in the City's opinion, demonstrates that development at the proposed density (which is consistent with the City's Elmwood Area Land Use, Transit and Transportation Study) would not be feasible without the tax increment assistance provided under this plan. The second and third phase of proposed development consists of approximately 58 and 22 units of owner-occupied housing respectively. The final phase proposed consists of the development of 220 apartment units. Other needs in order to make such redevelopment feasible, the developer will be required to build a storm water retention pond to address water quality and run off issues from existing surrounding uses and need to undertake street and roadway improvements. The City believes the if such public improvement costs were St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 9 assessed to the affected property, the assessments together with the other extraordinary costs of demolition, relocation and environmental remediation would make redevelopment extremely unlikely (based on the City's previous experience with similar situations). The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: While the property could be sold to another developer for some other use, these scenarios are not feasible in the market due to various constraints. First, industrial uses could not meet the market valuation due to the fact that they are single story in nature, lack the amenities in design and construction and are traditionally valued at a market value significantly lower than commercial uses. Second, the office market continues to be soft in the Metropolitan Area and the ability to develop this entire site for office use is unlikely. The City supported this finding on the grounds that any alternative redevelopment scenario faces the same high costs of public improvements, acquisition of substandard and incompatible buildings, relocation of existing business, environmental remediation and demolition that add to the total development costs. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $129,524,810. c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $11,280,841. (See Appendix G in the TIF Plan) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $118,243,969 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the Modification of the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District conforms to the general plan for the development or redevelopment of the municipality as a whole. St. Louis Park Council Meeting Item: 022106 - 6b - Modification Of Elmwood TIF Dist Page 10 The Planning Commission reviewed the Modification of the TIF Plan and found that the Modification conforms to the general development plan of the City. 4. Finding that the Modification of the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. The project to be assisted by the District will result in the redevelopment of contaminated parcels, preserve and enhance the tax base and provide increased life-cycle housing opportunities within the City. St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 1 8a. Granite City Food and Brewery – Major Amendment to a Planned Unit Development (Tower Place PUD) Case No. 05-75-PUD Granite City Food and Brewery, Ltd. Recommended Action: Motion to adopt a resolution approving a major amendment for changes to the building footprint at 5500 Excelsior Blvd. (Timberlodge Steakhouse, now known as Granite City Food and Brewery), subject to conditions in the resolution. Background: Granite City Food and Brewery is currently planning to open a restaurant in the building formerly occupied by the Timberlodge and Minnesota Steakhouses. Prior to opening for business, Granite City plans to completely replace the existing façade and make modifications to the building’s footprint. A minor amendment to the Tower Place Planned Unit Development (PUD), to replace the building’s façade, was approved by the City Council on February 6, 2006. The Tower Place PUD was originally approved in 1993 and has been amended on several occasions since that time. The most recent amendment occurred in 2002, when Chipotle moved into space previously occupied by Renewal-Windows by Anderson. At that time, the Planning Commission expressed concern regarding the excessive massing of restaurants within the PUD. The current proposal is not a conversion of space to or from a restaurant, but instead modifications to an existing restaurant building. Granite City’s current application is for an expansion to the building’s footprint. The west side of the building would be expanded by removing a rounded corner and replacing it with a traditional square building corner, which will allow the restaurant to add 200 square feet of dining area. Another expansion to the east side of the building would provide space for a brewery. The primary brewing processes would take place off-site, and the on-site tanks would be used only for the final stage of the beer-production process. Analysis: Major Amendments Major amendments to a PUD are required whenever changes affect certain zoning requirements such as height, parking, density, or open space. In this case, Granite City’s proposal changes the parking requirement for the existing restaurant building, so a major amendment is required. St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 2 Parking Analysis The Tower Place PUD has a total of 711 parking spaces available. Of those, 328 are provided on site (to the south of the restaurant) and 383 are provided through a shared parking agreement with Park Nicollet (immediately north of the restaurant). At the present time, the Timberlodge Steakhouse has a parking requirement of 145 spaces. The building is easily accessible from the north or south parking lots, but the primary entrance is to the south. One portion of the proposed expansion to the building involves the creation of 200 square feet of dining area, which results in a need for four new parking spaces. The other portion of the expansion involves the creation of approximately 985 square feet of warehouse and storage space. The warehouse/storage space will be used to house the brewery. The parking requirement for this space results in the need for one new parking space. The existing parking is able to accommodate the need for additional parking spaces. In the future, if the warehouse/storage space were converted to dining area, the restaurant would increase the need for parking by approximately 19 spaces. The existing parking would be able to accommodate the need for these parking spaces. The joint parking agreement between the users within the Tower Place PUD and Park Nicollet works well, because the users at Park Nicollet are present primarily during the day and the users at the Tower Place PUD are present primarily during the evening. During the last major amendment to the PUD (in August, 2002), a parking study was completed which determined that at peak evening times there were approximately 200 available parking spaces. Because the uses within the Tower Place PUD have not changed since that time, it is unlikely that peak demand for parking has increased. Building Materials The City Council approved a minor amendment to the Tower Place PUD on February 6, 2006 for alterations to the building materials at Timberlodge Steakhouse. The building, which will be converted to a Granite City Food and Brewery, was approved for building alterations which included sufficient stone, brick and glass to meet the requirements of the Zoning Code. The primary change to the building’s height will be the addition of an architectural parapet element. Sheet A200 depicts this architectural element reaching to a maximum height of 22.5 feet. The color elevations that are attached refer to a ‘brewery and tower addition.’ The tower addition in this case refers only to the parapet wall. The ‘tower’ reference is a misnomer, as no elements of the building will reach higher than 22.5 feet. As part of the exterior modifications, Granite City will also change the building’s signage. Changes to the signs will require a separate sign permit. Landscaping The building expansion results in the need to replace some landscaping around the site. Additionally, Granite City intends to install landscaping surrounding the building to better reflect its chain of stores and to update the existing landscaping. The landscaping provided by Granite City, shown in the attached landscaping plans, meets the requirement of the PUD. St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 3 Off-site Impacts No off-site impacts are expected as a result of the major amendment. The changes to the building are minor and will not have a significant effect on the number of patrons handled by the restaurant. As the use is not changing, few changes are expected in the peak business hours. Planning Commission The Planning Commission, on a vote of 6-0, recommended approval of the major amendment at its February 15, 2006 meeting. Recommendation: The Planning Commission and Staff recommend a motion to adopt a resolution approving a major amendment to Tower Place PUD, subject to the conditions of the resolution. Attachments: Location Map Color Building Elevations Site Plan and related documents Prepared By: Adam Fulton, Associate Planner Reviewed By: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 4 RESOLUTION NO. 06-042 RESOLUTION AMENDING RESOLUTION NO. 06-025 APPROVED ON FEBRUARY 6, 2006 APPROVING AN AMENDMENT TO THE FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “O” OFFICE, C-2 COMMERCIAL AND R-C HIGH DENSITY MULTIPLE FAMILY RESIDENCE DISTRICTS LOCATED AT THE NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND HIGHWAY 100 Amends and Restates Resolution 06-025 Major amendment to complete structural alterations at 5500 Excelsior Blvd. WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on April 5, 1993 from the applicants, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, notice of public hearing on the Preliminary PUD Plan was published in the St. Louis Park Sailor on May 5, 1993, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of May 5, 1993, and WHEREAS, the Planning Commission opened the public hearing at the meeting of May 17, 1993 and continued the hearing until June 2, 1993 and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of November 1, 1993, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 6- 0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision, WHEREAS, Resolution No. 93-183 approving the PUD was approved by the City Council on November 15, 1993; and St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 5 WHEREAS, an application for an amendment for a PUD was received on July 26, 1994, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, Resolution No. 94-103 approving an amendment to the PUD was approved by the City Council on August 1, 1994, and WHEREAS, an application for an amendment for a PUD was received on November 22, 1994, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, Resolution No. 94-180 approving an amendment to the PUD was approved by the City Council on December 5, 1994, and WHEREAS, on June 17, 2002, Frauenshuh Companies filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow a change in an approved use from a retail use to a restaurant use, and WHEREAS, on July 17, 2002, the Planning Commission held a public hearing, received testimony from the public, reviewed the application, and on a vote of 6-1 recommended approval of the major amendment to the PUD, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, on December 21, 2005, Granite City Food and Brewery, Ltd. filed an application seeking a minor amendment to the approved Planned Unit Development for Tower Place to allow modifications to the exterior of the structure, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, WHEREAS, on December 21, 2005, Granite City Food and Brewery, Ltd. filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow structural alterations at 5500 Excelsior Blvd., and WHEREAS, on February 15, 2006, the Planning Commission held a public hearing, received testimony from the public, reviewed the application, and on a vote of 6-0 recommended approval of the major amendment to the PUD, and St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 6 WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Recitals The Recitals set forth above are incorporated herein and made part of this resolution. Findings 1. Frauenshuh Companies has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the “O” Office, C-2 Commercial and R-C High Density Multiple Family Residence Districts located at the northeast quadrant of Excelsior Boulevard and Highway 100 for the legal description as follows, to-wit: Lots 6 and 7, Block 1, Tower Place 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 93-18-PUD) and the effect of the proposed Final PUD and amendments thereto on the health, safety, or general welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance. 3. The City Council has determined that approval of a Final PUD and the proposed amendments thereto will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has determined that the proposed Final PUD and amendments thereto are in harmony with the general provisions, purpose and intent of the City’s Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case File 93-18-PUD are hereby entered into and made part of the public hearing and the record of decision for this case. Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and findings set forth above, the Approved Final Plans, and subject to the following conditions: St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 7 1. Approval of the roadway improvement plans submitted as part of the Indirect Source Permit application by the Minnesota Department of Transportation and the Hennepin County Department of Transportation. 2. Approval by the City and execution of a development agreement between the City and Frauenshuh Companies which identifies responsibilities of each relating to the project. 3. Recording of the final plat of Tower Place by Hennepin County. 4. The Contract for Private Development between the Economic Development Authority (EDA) and Frauenshuh Companies is incorporated herein by reference. City Council intent is to implement both the Contract for Private Redevelopment and the development agreement and give effect to all provisions of each, including but not limited to the EDA’s right to review and approve Construction Plans as provided in Section 9.2 of said Contract for Private Development. 5. The approval of this Final PUD applies only to those elements listed as Phase I improvements on Exhibit A – Master Plan Phase I to be completed by Frauenshuh Companies on Lots 6 and 7 and the right-of-way adjacent thereto up to the curb of the adjacent road. This condition is subject to the limitation that the total square footage of the retail and theater development shall not exceed the lesser of 47,200 square feet or the square footage allocated to this development in the Indirect Source Permit as may be amended from time to time. 6. The City reserves the right to require the applicant to install a pedestrian access from any bus stop to be located on the north side of Excelsior Boulevard west of Park Nicollet Boulevard to the development site. 7. Development of Lots 6-7 Tower Place and improvements on adjacent right-of-way up to the curb of the adjacent road shall be in accordance with the following exhibits: Exhibit A – Site Layout (Sheets C2.3) (Amended by Condition No. 11 approved 8-19-02) Exhibit B – Site Utilities (Sheets C3.3) Exhibit C – Site Grading (Sheets C4.3) Exhibit D – Site Planting (Sheet L2.3) Exhibit E – Site Lighting (Sheet E1) Exhibit F – Building Elevations (Sheets A2.00R, A.202R, A2.03R, A2.04R) (Amended by Condition No. 11 approved 8-19-02) The Site Layout (Exhibit A) is approved with the condition that vehicles leaving the site from the driveway on Park Center Boulevard shall be prohibited from making left turns to south bound Park Center Boulevard. The Development Agreement shall make provision for on-going monitoring of the need for the left turn prohibition and removal of the left turn prohibition if such monitoring indicates the prohibition is unnecessary. St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 8 The Site Layout is based on the assumption the driveway on Excelsior Boulevard will allow both ingress to and egress from the site. The Floor Plans on Exhibit F are illustrative in nature and are subject to modification without amending this resolution. (Amended by Condition No. 8 approved 8-1-94) (Amended by Conditions 9 and 10 approved 12-5-94) 8. Condition number 7, Exhibit F is amended to delete Building Elevation Sheet A.202R and replace it with Building Elevation Sheet A-2 (Amended by Condition No. 9 approved 12-5-94) 9. Condition number 8, Exhibit F is amended to delete Building Elevation Sheet A-2 and replace it with Building Elevations Sheet A-11 dated November 10, 1994. 10. Condition number 7, Exhibits A through D, is amended by deleting sheets C2.3, C3.3, C4.3 and L2.3 and replacing them with Sheets C2.1, C3.1, C4.1 and Planting Plan, all dated November 16, 1994. These exhibits are modified by Exhibit G, McDonalds Driveway Plan. 11. The final PUD shall be amended (Case No. 02-36-PUD) on August 19, 2002 to incorporate all of the preceding conditions to allow a change in 3,500 sq. ft. of tenant space from retail to restaurant without intoxicating liquor (Chipotle) and add the following conditions: a. The site shall be developed, used, and maintained in accordance with the official exhibits (Exhibits A Site Layout and F Building Elevations shall be submitted), in the form of an as-built survey with proposed changes shown and shall be revised prior to signing the exhibits to meet the following conditions for the outdoor seating area on the southwest corner of the theater/mixed use building: 1. The outdoor seating area must provide a 5 foot wide sidewalk that is kept free of temporary and permanent obstruction. Such sidewalk must be 6 feet from and parallel to the building (or continue in a straight line from the sidewalk to the east). 2. The outdoor seating area cannot be enclosed with a fence. 3. A maximum of two existing handicap parking stalls may be removed to accommodate the outdoor seating area. 4. The size of outdoor seating area cannot be more than 10% of the indoor restaurant area. b. Official exhibits as revised per condition 11a. and updated to show as-built conditions on the overall site must be signed by the applicant and owner prior to issuance of a building permit. Such exhibits shall show the approved uses of this development to include: 7,000 square feet as restaurant with intoxicating liquor, 3,400 sq. ft as restaurants without intoxicating liquor and/or food service, retail/service, 3,800 sq. ft. as restaurant with in-vehicle sales/service, and in the Theater/Mixed use building 26,000 sq. ft. for a theater, 900 sq. ft for retail/service, and 5,900 sq. ft for retail or restaurant without intoxicating liquor. St. Louis Park Council Meeting Item: 022106 - 8a - Granite City Major Page 9 c. Required building, plumbing, electrical and other required permits shall be obtained from the City. Such permits may impose additional conditions. d. All required improvements shall be completed prior to issuance of a Certificate of Occupancy for the new restaurant without intoxicating liquor, including: 1. Interior improvements in accordance with permit approval. 2. Compliance with Accessibility Code requirements. 3. Exterior exhaust chase must comply with the MN State Building Code. e. Prior to installation of any new signs the applicant shall obtain sign permits. f. The applicant is responsible for the installation of the on-site regulation signage as recommended by SRF. 12. The final PUD shall be amended (Case No. 05-75-PUD) on February 6, 2006 to incorporate all of the preceding conditions to allow modifications to the exterior of the building at 5500 Excelsior Blvd. and add the following conditions: a. The exterior of the building at 5500 Excelsior Blvd. shall be modified as shown on Sheet A200 of the official exhibits. b. Required permits for construction and installation of signs shall be obtained from the City. Such permits may impose additional conditions. c. Any modifications to the building footprint shall require a Major Amendment to the Tower Place PUD. 13. The final PUD shall be amended (Case No. 05-76-CUP) on February 21, 2006 to incorporate all of the preceding conditions to allow structural alterations to the building at 5500 Excelsior Blvd. and add the following conditions: a. The site shall be developed and maintained in accordance with the official exhibits. b. No dining shall take place in the area planned for a brewery. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 022106 - 8b - Police Officer Labor Contract Page 1 8b. Police Officer Union Contract: January 1, 2006 – December 31, 2006 A one year agreement between the City and the Police Officers Union for 2006. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) Local #206, establishing terms and conditions of employment for one year, from 1/1/06 – 12/31/06. Background The City had two brief negotiation sessions with Patrol Officers prior to coming to this agreement. Our officers are in line with our market and the increases recommended for 2006 are the same given to non-union employees for wages and employer contribution. This will be our fourth (of five open contracts) settlement for 2006. Listed below is the summary of changes as negotiated: • One year agreement • 2006 wage increase of 3%, effective January 1, 2006 • 2006 increase in employer contribution for insurance, same as other non-exempt groups. • Supplemental pay for officer assignments (Community Outreach, DARE, Drug Task Force, School Liaison, and Support Services) will increase by $10 per month. Comment: The entry level supplemental pay in 2005 was $140 per month and will increase to $150/month in 2006, supplemental pay after 12 months was $160/month and will increase to $170/month, and supplemental pay after 24 months was $180/month and will increase to $190/month. • Field Training Officer Pay: Remove the language, “up to a maximum of $350”, and increase hourly supplemental pay to $3.00 per hour. Comment: Currently, officers assigned to train new officers earn an hourly amount ($2.91/hr) of supplemental pay up to a maximum of $350. By removing the maximum language, these officers will be compensated fairly for each hour worked and won’t be penalized if they are needed to work additional hours. City staff is very pleased with this offer and recommends approval. Funds for this settlement are in the 2006 budget. The proposed contract is on file with the City Clerk. More detail is available upon request. Recommendation It is recommended that the City Council adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services Local #206, Police Officers, establishing terms and conditions of employment for the duration of 1/1/06 – 12/31/06. Attachment: Resolution Prepared by: Ali Fosse, Human Resources Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 022106 - 8b - Police Officer Labor Contract Page 2 RESOLUTION NO. 06-043 RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL #206 POLICE OFFICERS JANUARY 1, 2006 – DECEMBER 31, 2006 WHEREAS, the City and the Union have reached a negotiated settlement covering the terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public Employees Labor Relations Act, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute a Collective Bargaining Agreement, City Contract #______ between the City of St. Louis Park and Law Enforcement Labor Services, Inc. (LELS), Local #206, Police Officers, effective January 1, 2006 – December 31, 2006. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 022106 - 8c - 49ers Labor Contract Page 1 8c. International Union of Operating Engineers (IUOE) Local 49 Union Contract: January 1, 2006 – December 31, 2007 A two year agreement between the City and the IUOE Union for 2006 and 2007. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and the International Union of Operating Engineers (IUOE) Local #49, establishing terms and conditions of employment for two years, from 1/1/06 – 12/31/07. Background We are pleased to bring to the Council another contract agreement between the City and Union for 2006. Historically, our Local 49 Union has included classifications such as Maintenance Level I, II, and III. Movement from M-I to M-II was based on time and successful performance. Promotion from M-II to M-III was through application, interview, and selection. The majority of our staff are at M-II. Our position of Maintenance Level II has been falling behind the average of our market (Stanton Group V cities metro suburbs greater than 25,000). After review of the market and our operational and business needs, we redesigned the structure in 2007 to have one multifunctional position titled Public Service Worker. With the structure change, we were able to eliminate the majority of pay classifications for “working out-of-class”. This was a natural change since the majority of all staff will now be in the same classification of Public Service Worker. Below are the details on the changes to this two year agreement: • Two year agreement • 2006 base wage increase of 3%, effective January 1, 2006 • 2006 increase in employer contribution for insurance to $660/month (additional $55/month for employees who elect the high deductible plan with VEBA). Comment: This is the same as our other non-exempt employees. • 2006 increase in weekly on-call assignment pay from $220/week to $280/week. Comment: Market adjustment for those on-call. • 2007 eliminate M-I, II, and III classifications and replace with Public Service Worker, four years to maximum wage level. Comment: Cost for this market adjustment is $26,800 for the group over the general 3% for 2007. • 2007 eliminate M-IV title and replace with Mechanic title. • 2007 increase in employer contribution for insurance will be the same as other non- exempt employees. • 2006 add new article to allow the City to assign workers as “traffic” or “lead” workers with supplemental pay. Employees assigned to work in traffic will receive $70 per month, employees assigned as lead workers will receive $140 per month. Comment: Assignment classification will be used in lieu of creating an additional position. Assignment will be done by supervisors and based on business needs. St. Louis Park Council Meeting Item: 022106 - 8c - 49ers Labor Contract Page 2 • Removal of many out-of-class pay articles which allowed M-II employees to earn M-III pay while performing certain duties. Comment: With the new Public Service Worker position, all employees will be paid based on years of service and successful job performance instead of type of duties performed. • Increase in amount of tool insurance provided by the City for Mechanics who are required to provide their own tools, from $10,000 to $25,000. City staff is pleased with this offer and recommends approval. Funds for this settlement are in the 2006 budget. Budget impacts for 2007 will need to be taken into consideration at the time of preparation of that budget. The proposed contract is on file with the City Clerk. More detail is available upon request. Recommendation It is recommended that the City Council adopt the attached resolution approving a Labor Agreement between the City and the International Union of Operating Engineers Local #49, establishing terms and conditions of employment for the duration of 1/1/06 – 12/31/07. Attachment: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 022106 - 8c - 49ers Labor Contract Page 3 RESOLUTION NO. 06-044 RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #49 JANUARY 1, 2006 – DECEMBER 31, 2007 WHEREAS, the City and the Union have reached a negotiated settlement covering the terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public Employees Labor Relations Act, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute a Collective Bargaining Agreement, City Contract #____ between the City of St. Louis Park and the International Union of Operating Engineers, Local #49, effective January 1, 2006 – December 31, 2007. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 022106 - 8d - Dispatcher Labor Contract Page 1 8d. Public Safety Dispatcher Union Contract: January 1, 2006 – December 31, 2007 A two year agreement between the City and the Dispatchers Union for 2006 and 2007. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) Local #220, establishing terms and conditions of employment for two years, from 1/1/06 – 12/31/07. Background We are pleased to bring to the Council another contract agreement between the City and Union for 2006. There are several changes to the contract as detailed below. The majority of the negotiation was centered on dispatch wages compared to market. When compared to our market (average of Group V cities population of suburbs in the metro area 25,000 and higher), it was found that our Dispatchers were falling below average. Over the years we have had difficulty in recruitment in this area. As you know, dispatch is a very critical position and requires skilled individuals who are not only good with general communications, they also need to multi-task under pressure and deal with high stress situations. It is critical that our Dispatchers have parity with market wages. The agreement between the City and the Union includes a market adjustment in wages for 2007 to address this concern. The agreement also includes the following terms: • Two year agreement • 2006 base wage increase of 3%, effective January 1, 2006 • 2006 increase in employer contribution for insurance to $660/month (additional $55/month for employees who elect the high deductible plan with VEBA). Comment: This is the same as our other non-exempt employees. • 2007 base wage increase of 3%, effective January 1, 2007, plus a market adjustment of $.45/hour. Comment: This is the adjustment to the wage to realign this group with the market. • Removal of bottom (first) step in salary progression. This allows Dispatchers to reach the maximum salary level in five years instead of six years and also helps keep our Dispatchers in line with market. Comment: This is to help with realignment with the market and recruitment. • 2007 increase in employer contribution for insurance will be the same as other non- exempt employees. • 2006 addition of article to allow the City to hire part-time Dispatchers. Comment: Both union and management are interested in having this staffing option to help with schedules in the future. We currently do not have any part-time dispatchers, and this would allow us to hire part-time if needed. This is not an increase in staffing levels. • 2006 increase in assignment pay for employees assigned to be Lead Dispatcher from $2.90/hour to $4.00/hour. Comment: Mid-year 2005, we added a Letter of Understanding to the contract which created a Lead Dispatcher assignment. After review of the requirements of this position, it was determined that the pay for this assignment should be increased to accurately compensate for the level of responsibility. St. Louis Park City Council Meeting 022106 - 8d - Dispatcher Labor Contract Page 2 City staff is pleased with this offer and recommends approval. Funds for this settlement are in the 2006 budget. The proposed contract is on file with the City Clerk. More detail is available upon request. Recommendation It is recommended that the City Council adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services Local #220, Public Safety Dispatchers, establishing terms and conditions of employment for the duration of 1/1/06 – 12/31/07. Attachment: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 022106 - 8d - Dispatcher Labor Contract Page 3 RESOLUTION NO. 06-045 RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL #220 PUBLIC SAFETY DISPATCHERS JANUARY 1, 2006 – DECEMBER 31, 2007 WHEREAS, the City and the Union have reached a negotiated settlement covering the terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public Employees Labor Relations Act, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute a Collective Bargaining Agreement, City Contract #____ between the City of St. Louis Park and Law Enforcement Labor Services, Inc. (LELS), Local #220, Public Safety Dispatchers, effective January 1, 2006 – December 31, 2007. Reviewed for Administration: Adopted by the City Council February 21, 2006 City Manager Mayor Attest: City Clerk