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HomeMy WebLinkAbout2001/09/24 - ADMIN - Agenda Packets - City Council - Regular 1 SPECIAL MEETING AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 24, 2001 7:30 p.m. 6:15 p.m. – Board & Commission Interviews Westwood Room – 3rd Floor 7:00 p.m. – Study Session 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 2a. Presentation of the City of St. Louis Park Year 2001 Evergreen Award 3. Approval of Minutes a. City Council Minutes of September 4, 2001 b. Study Session Minutes of August 27, 2001 c. Study Session Minutes of September 10, 2001 d. Special Meeting Minutes of September 10, 2001 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Consent Items NOTE: Consent items are 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. a. Approval of Agenda 2 Action: Motion to approve (Alternatively, motion to add or remove items from the agenda, motion to move items from consent to regular agenda for discussion). b. Approval of Consent Items 1. Approve second reading of rezoning ordinance, approve summary ordinance, and authorize publication for the Jewish Community Center to change the zoning classification at 4330 South Cedar Lake Road from R-4 Multi-Family Residential to R-1 Single Family Residential. 2. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $61,979.75 for City-wide random sidewalk repair – City Project No. 01-02 3. Bid Tabulation: Motion to designate Standard Sidewalk, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $187,026.30 for the 2001 Sidewalk Improvement Project-Phase A – City Project No. 99-07 4. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $80,693.00 for the Louisiana Avenue Bus Bay Improvement Project – City Project No. 01-17 5. Motion to adopt resolution accepting work and approving payment for Flood Grant projects at 6708 W. 26th Street and 6712. W. 26th Street. 6. Motion to approve resolution allowing Newport on 7 to issue up to $12,924,832 in Private Activity Revenue Bonds and approve all documents in connection with the bond issue. 7. Motion to approve second reading of an ordinance modifying Mayor and City Councilmembers compensation, approve the ordinance summary and authorize publication. 8. Motion to accept the following reports for filing: a. Planning Commission Minutes of August 15, 2001 b. Housing Authority Minutes of August 8, 2001 c. Charter Commission Minutes of July 11, 2001 d. Vendor Claims Action: Motion to approve Consent Items 5. Public Hearings 5a. Public Hearing and First Reading of an ordinance to rename a portion of 38th and 39th Street west of Monterey Drive to its terminus at the Park Nicollet 3 Clinic. Case No. 01-01-ST Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance renaming a portion of 38th and 39th Street to Park Commons Drive and to set Second Reading for October 3, 2001. 5b. Public Hearing to Consider the Conveyance of City Owned Property Along the Northern Boundary of the Proposed Park Commons East Plat. This report asks the Council to consider adopting the first reading of an ordinance that would authorize the transfer of certain City-owned property in the “Westmoreland Park” plat that may overlap the proposed Park Commons East plat. Recommended Action: Mayor to close public hearing. Motion to adopt the first reading of an ordinance that authorizes the conveyance of City-owned land along the south boundary of the “Westmoreland Park” plat to the St. Louis Park EDA and to set the second reading of the ordinance for October 3, 2001. 5c. Public hearing on proposed ordinance to vacate an old utility easement in Park Commons East. Case No. 01-08-VAC Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance to vacate a utility easement in Park Commons East and to set Second reading for October 3, 2001. 5d. Public hearing to consider resolution authorizing application for Outdoor Recreation Grant Program. Council is being asked to adopt the attached resolution that would authorize City staff to submit a grant application to the Department of Natural Resources to secure funding for accessibility improvements to two boardwalks on the Marsh Trail at Westwood Hills Nature Center. Recommended Action: Mayor to close public hearing. Motion to adopt the attached resolution. 6. Requests, Petitions, and Communications from the Public 7. Resolutions, Ordinances, Motions 7a. Miscellaneous Zoning Ordinance amendments to Sections 14:7-3(A)(1) and 4 14:8-4.1(C)(7) to extend the rights of non-conforming uses from 6 months to 1 year and change the adoption requirements for zoning code and map amendments in accordance with State Law. Case No. 01-42-ZA Recommended Action: Motion to approve first reading of rezoning ordinance and set second reading for October 3, 2001. 7b. School District #283 request for funding from Cable TV franchise fees School District #283 verbally requested increased funding at the May 10, 2001 Telecommunications Commission meeting, and in July submitted a three-year equipment plan, specifically requesting $15,820 for this year. Recommended Action: Approve payment to the School District of an operating grant of $35,000 and a special equipment grant of $15,000 for 2001. 8. Boards and Committees 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. 5 City of St. Louis Park City Council Agenda Item #2a Meeting of September 24, 2001 2a. Presentation of the City of St. Louis Park Year 2001 Evergreen Award Recipients: • Loffhagen State Farm Insurance, 4801 Excelsior Blvd • Fairchild Household, 3200 Dakota Ave S • Maldonados, 3243 Dakota Ave S • Lindblads, 3025 Aquila Ave S Background: The Evergreen Award is presented each year in recognition of properties that are well maintained and landscaped—especially landscaping that is visible to passersby. Businesses, apartments and houses are all eligible to receive the award. The Evergreen judges are volunteers who have been past recipients of the award. The judges for this year were Linda and Jim Wyner. Winners will be presented with an award certificate and a Norfolk Island Pine houseplant from Linsk Floral. 6 Item # 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 4, 2001 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:32 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, Ron Latz, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott);Director of Finance (Ms. McGann); Community Development Director (Mr. Harmening); Planning and Zoning Supervisor (Ms. Jeremiah); Planner (Mr. Smith); Environmental Health Official (Mr. Camilon); and Recording Secretary (Ms. Samson). 2. Presentations--None 3. Approval of Minutes a. City Council Minutes of August 20, 2001 The minutes were approved as presented. b. Study Session Minutes of August 13, 2001 The minutes were approved with the following change: Councilmember Sanger said on Page 15, Item 2 Personnel Policy Update, Paragraph 3, Line 4, “providing they was” should read “providing there was”. 4. Approval of Agenda and Consent Items NOTE: Consent items are 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. Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda. 7 The motion passed 7-0. 4b. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the following Consent Agenda items. The motion passed 7-0. 1. Adopt Resolution No. 01-092 approving 2002-2006 Capital Improvement Program (CIP) and amending the Comprehensive Plan to incorporate the CIP. amending the St. Louis Park Municipal Code concerning employees of the City 2. Approve Ordinance No. 2204-01 amending the St. Louis Park Municipal Code concerning employees of the City of St. Louis Park by deleting Chapter 3: Personnel, approve the ordinance summary and authorize summary publication. 3. Approve six resolutions, Resolution Nos. 01-093, 01-094, 01-095, 01-096, 01- 097, and 01-098 related to the Park Commons title. 4. Approve Ordinance No. 2206-01 rezoning from R4 to C2 for the property located at 1409 and 1413 Colorado Avenue South , Evan Johnson (Thermetic Products Inc.), approve summary ordinance and authorize publication. Case No. 01-38-Z 5. Resolutions to amend and correct resolution 00-69 granting approval of final PUD and plat for Mill City Addition. Adopt Resolution No. 01-099 approving final PUD for Mill City Addition. Adopt Resolution No. 01-100 approving final plat for Mill City Addition. 6. Adopt and approving final payments listed below: Allied Blacktop Company $75,390.93 Resolution No. 01-102 Contract No. 43-01 Contract sealcoating Thomas & Sons $26,759.59 Resolution No. 01-101 Contract No. 71-00 Storm Sewer ponds and lift stations 7. Accept the following reports for filing: a. Telecommunications Advisory Commission Minutes of May 10, 2001 b. Vendor Claims 5. Public Hearings 5a. Public Hearing—Park Nicollet Private Activity Revenue Bonds Resolution No. 01-084 8 Ms. Jean McGann, Director of Finance, reported Park Nicollet Health Care Services is asking the City to issue up to $10,000,000 in Private Activity Revenue Bonds for the purchase of equipment for Park Nicollet. Mr. David I. Cooke, Senior Vice President and CFO of Park Nicollet, said the loan will be used to finance medical equipment at the Park Center campus and at Methodist Hospital. Councilmember Sanger asked if the proceeds would only be used by the non-profit entities of Park Nicollet. Mr. Cooke said the proceeds would be used only by the nonprofit entities of the hospital and clinic. Ms. McGann said Kennedy and Graven has reviewed all materials. She said the purchase of equipment falls into regulations and, therefore, is acceptable. Mr. Cooke said the financing will be amortized over the estimated useful life of the equipment which will vary between five to seven years. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt Resolution 01-084 to issue Private Activity Revenue Bonds for Park Nicollet Health Care Services in an amount not to exceed $10,000,000. The motion passed 7-0. Mayor Jacobs asked on what are the revenue bonds secured, and Mr. Cooke replied the security interest is in the equipment. 5b. Public Hearing to Consider Compensation of the Mayor and City Councilmembers and Resolution revising salaries for the Economic Development Authority President and Commissioners Resolution No. 01-085 Mr. Meyer, City Manager, mentioned two issues regarding compensation and revised salaries: The time period for amending compensation for elected officials is governed by statute and, on a two-year window, Council must act prior to new Councilmembers taking office on January 1, 2002; and the revised salaries of elected officials for the City would fall within the norm of the range for elected officials for larger cities in the metro area, the modest increases are for $200-300 per year. It was moved by Councilmember Brimeyer, seconded by Councilmember Latz, to waive the first reading of the ordinance modifying Mayor and City Councilmember compensation, and set second reading for September 24, 2001, and adopt Resolution 01-085 amending the compensation and reimbursement of the Commissioners of the Economic Development Authority. The motion passed 7-0. 9 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. Approve preliminary property tax levy, budget for the 2002 fiscal year, and revisions to the 2001 adopted budget; and cancel the 1987A GO Improvement bond levy Resolution No. 01-086 The City Manager, Mr. Meyer, proffered this cautionary statement: The changes in tax legislation in Minnesota are so significant that it has put a number of things into motion simultaneously. When Mr. Meyer and Staff try to explain what the impact of the changes are on the City’s budget, it is difficult to isolate exactly what the effect of a particular factor will be. Ms. McGann reported on the important factors that influence the budget and the tax levy for 2002. She discussed three areas: the 2002 budget, legislative changes, and the impacts to the community. The proposed 2002 budget is primarily a maintenance and services budget with two areas of increases, i.e., within the compensation plan as well as union contracts, and the cost of utilities. The Homestead and Agriculture Credit Aid (HACA) is a State aid payment previously paid to local governments from the State. For the year 2002, this State aid payment has been eliminated, therefore, the City has included the amount within the local levy, and the amount impacts the local levy by approximately $3,000,000. The legislative session changed the distribution of local government aid, the rationale for the formula change is based on property wealth within the local government. The City of St. Louis Park will hold a public budget hearing the first part of December. Schools are now being funded by the State, however, some referendum levies will be included within one’s property tax statement. Ms. McGann reminded listeners that budget information presented is based on estimates. Councilmembers Brimeyer, Latz, Nelson and Sanger expressed their concerns regarding the legislative changes. Councilmember Sanger thinks it is important the community be aware of the significant reduction in the amount of money coming into the City in order to provide basic City services, and to cover basic City services there is little choice but to raise the City’s portion of the tax levy. Mr. Meyer said the difference between the tax increment generated annually and the funds that could be raised with an HRA levy are very significant, i.e., the HRA levy would be measured in hundreds of thousands of dollars and the tax increment is measured in millions. However, Mr. Meyer added the tax increment has not been nor is it available for general purposes (public safety and public works), the tax increment was only dedicated for use in relation to redevelopment types of activities. The proposal would be that the HRA levy would also be similarly limited to those types of redevelopment activities. Mr. Meyer said HACA is a $3,000,000 loss and the State has suggested St. Louis Park pick up the loss in a property tax levy for the City, therefore, St. Louis Park will levy $3,000,000 more in 2002 than was levied in 2001. 10 It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution 01-086 approving the Proposed 2001 Tax Levy, collectible in 2002, the proposed budget for 2002, revised budget for 2001, and canceling 1987A GO Improvement Bond Levy. The motion passed 7-0. 7b. Resolution authorizing an HRA levy Resolution No. 01-087 See the EDA minutes of September 4, 2001, Item 7a, regarding discussion pertaining to authorization of the HRA levy. It was moved by Councilmember Young, seconded by Councilmember Santa, to adopt Resolution 01-087 setting the HRA levy for 2002. The motion passed 7-0. 7c. Second Reading of an Ordinance deleting licensing of housing compliance inspectors: City Code Section 16-202. In regard to the proposal to discontinue use of private, licensed housing inspectors for home sale inspections, Mr. Manny Camilon, Environmental Health Official, stated the City will be able to continue prompt and consistent inspections; the City has a limited amount of insurance when providing inspections for the good of the general public; and the City is considering flexible scheduling of its inspectors to accommodate evening and weekend inspections. Private, licensed inspectors Mr. Lee Kness, 2800 Florida Avenue South, and Mr. Richard D. Olson, 113 Ninth Avenue S.E. addressed the Council, expressing their disatisfaction with the proposed ordinance. The private licensed inspectors were doubtful that staff could adequatly cover the number of inpsections to be done each year and were concerned with a potential loss of revenue if the City began performing the inspections in house. Mr. Camilon said the City will charge a one-time fee for both an inspection and a re- inspection, and the anticipated fee will be $145 to $150. Councilmember Nelson said no inspection program is being changed or eliminated but rather the basis of the code is to move to a maintenance code. Councilmember Nelson added, the point-of-sale inspection is not for the seller or buyer, it is for the greater public good, and the point-of-sale inspection is not a substitute for a private buyer’s inspection. The City is trying to maintain its housing stock through a consistent inspection program that is monitored and performed by City Staff. 11 It was moved by Councilmember Sanger, seconded by Councilmember Young, to approve Ordinance No. 2205-01 deleting licensing Section 16-202 concerning requirements for contractor licenses for Housing Compliance Inspectors. The motion passed 7-0. 7d. The request of Jewish Community Center to change the zoning classification at 4330 South Cedar Lake Road from R-4 Multi-Family Residential to R-1 Single Family Residential, Preliminary Plat and certain variances to permit the expansion of a parking lot in association with a proposed building expansion. Case No. 01-34-Z, -1-35-PP, 01-36-VAR Resolution Nos. 01-088 and 01-089 Mr. Patrick Smith, Planner, reported the Jewish Community Center (JCC) is proposing a three-story expansion to the north side of their building, which will house 32 classrooms, a library, music room and a computer lab. A parking lot expansion is being proposed to the south side of the building and a drop-off turnaround to the new expansion. The JCC is in the process of purchasing property from St. Louis Park on which to expand the proposed parking lot. At the August 1, 2001 Planning Commission meeting, residents voiced concerns about the removal of trees, idling cars and buses, and the height of the proposed building. Mr. Ross Moen, 4325 Douglas Avenue, Golden Valley, designated representative for the four adjacent Tyrol neighbors, submitted “Suggestions for Minimizing Harmful Impact of JCC Expansion” and addressed the Council. Mr. Moen seeks relief on the following: an effective year-round tree barrier, an adjustment in the sewer maintenance schedule, and request for a requirement of gated access to the proposed turnaround. Mr. Smith said Staff recommends the JCC plant evergreen trees on the highest portion of the JCC property, north of the easement; and plant overstory trees on the south side of the easement, on the 10-foot strip of land between the easement and the turnaround. Mr. Smith said all of the sewer repair work will not take place in the near future, i.e., within the next five years. Mr. Tom Harmening, Community Development Director, stated Public Works is considering inspecting the sewer line with a camera for the purposes of determining its condition due to a concern they have regarding construction activity in that area. The sewer line is a major sanitary sewer line, 36 inches in length, and it is situated in unstable soil. Mr. Tom Bozen, 4545 Cedar Lake Road, addressed the Council regarding the tree issue and increased traffic. Mr. Smith responded that all tress south of the trail and east of the property will remain—the number of trees to be removed represents 10% of the trees on site, therefore, the JCC is not required to replace the trees under the Tree Preservation Ordinance. Public Works believes the additional traffic will not be problematic. Mr. Jeffrey Schachtman, executive director of JCC, reported the number of students in the school will not expand substantially. Mr. Schachtman would like to see a decrease in the speed on Cedar Lake Road. 12 Mr. Herb Margolis Seneca Group consultant and project manager, provided details regarding trees, tree buffers, tree planting, and the elimination of a site line problem. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve first reading of rezoning ordinance and second reading for September 24; and to adopt Resolution No. 01-088 and Resolution No. 01-89 approving the preliminary plat and certain variances subject to the conditions and stipulations listed in the resolutions. The motion passed 7-0. Councilmembers Brimeyer and Sanger asked if the Council will receive the final landscape plan between now and the second reading, and the response was yes. Councilmember Latz stated before going forward a more detailed landscaping plan is crucial to getting additional feedback from Staff and neighbors in Tyrol as to whether or not Council has gone as far as possible in meeting their needs for screening. Mr. Steve Oliver, JCC project architect from Ankeny Kell Architects, will provide gates on either end of the drive around on the west side of the JCC. 7e. Amendment to resolution approving Final Plat and Final PUD for Park Commons East Phase One to change the name of the north-south Town Green streets and separating the plat and PUD resolutions. Case Nos. 01-06-S and 01-07-PUD Resolution Nos. 01-090 and 01-091 Ms. Jeremiah stated that the issues before the Council were a name change along the Town Green from Market Avenue to Grand Place, and to separate the resolutions of the final plat and final PUD to facilitate the recording process with Hennepin County. Councilmember Young did not support the name Grand Place as it repeated a name being used for a project at Victoria and Grand in St. Paul. He felt a historical name like “Hamilton” would be more appropriate. Mr. Cunningham said that the developer has shown a flexible attitude in naming streets but felt very strongly that the name “Grand” denotes the level of quality of this development. TOLD is willing to name individual buildings with historical names, but felt the street name along the town green should contain the name “Grand”. Councilmember Nelson said that he would vote against naming the street “Grand Place” noting that he felt it was too suburban. Sanger concurred with Nelson and Young’s comments saying that a more historical name makes sense to her. 13 Councilmember Brimeyer asked how important the street name is to marketing the development. Mr. Cunningham said that a marketable name was very important to the project and that TOLD would prefer to use the word “Grand” in the street name. Mayor Jacobs felt that if the name “Grand” would make it easier for marketing the project to residential and commercial tenants he would not object to its use. Ms. Jeremiah suggested separating the two resolutions for this evening’s action so that the developer could proceed with recording the final plat. The plat could be recorded as “Market” and changed by ordinance to a different name more acceptable to the Council at the same time action took place on the name change for 38/39th Streets. Councilmember Young suggested that the developer use the name “Grand” followed by some other name, but not “Grand Place” as this was plagarism and in direct competition with the developer at Victoria and Grand in St. Paul. Mayor Jacobs expressed concern that lack of concensus on the name would slow down the project’s progress. Councilmember Young did not feel further deliberation on the name would slow down the project’s development. Councilmember Sanger felt that the name of the north/south street along the town green was very important as is established community image. Councilmember Latz agreed that our community image was at stake, but was not concerned about the issue of plagarism and did not feel the name “Grand” would detract from that image.. Councilmember Latz moved to adopt Resolution No. 01-090 amending the Final Plat, subject to the conditions stated in the resolution with an additional change in the street name to read “Grand Way” rather than “Grand Place”. The motion was seconded by Councilmember Brimeyer. Councilmember Latz went on to say that he would not object if a different name was agreed upon in the future and acted upon by a separate ordinance. Councilmember Nelson questioned the necessity for changing to “Grand Way” when the street was already named “Market Street” and that name could be changed in the future as well. Ms. Jeremiah clarified that through the street was originally approved as “Market”, the plat had not yet been recorded. Therefore the change to “Grand Way” could be done by resolution. If the name were to change again in the future after being recorded, it would require action by ordinance. 14 Mayor Jacobs called for a roll call vote on the motion made by Councilmember Latz. Latz favor Nelson oppose Sanger oppose Jacobs favor Santa favor Young oppose Brimeyer favor Motion carried 4-3 with Councilmembers Nelson, Sanger and Young Opposed. Mr. Cunningham offered that if he has additional suggestions he will bring them to the Council at a future meeting. Mr. Scott stated that the wording used by council in the motion did not complete the action requested to adopt two resolutions approving the Plat and PUD. He suggested a second and separate motion be made. Councilmember Latz moved that Council adopt Resolution No. 01-091 approving the final PUD and variances subject to the conditions stated in the resolution. Motion seconded by Councilmember Brimeyer. The motion passed 7-0. 8. Boards and Committees--None 9. Communications--None 11. Adjournment Mayor Jacobs adjourned the meeting at 10:30 p.m. City Clerk Mayor 15 Item # 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION August 27, 2001 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers Ron Latz, Susan Sanger, Sue Santa, Robert Young and Mayor Jeff Jacobs. Staff present: Deputy City Manager (Mr. Pires), Director of Community Development (Mr. Harmening), Economic Development Coordinator (Mr. Kleve), Supervisor of Planning and Zoning (Ms. Jeremiah) and City Clerk (Ms. Reichert). 1. Park Commons Street Names Ms. Jeremiah stated that staff recommended renaming Market Place as Grand Place and renaming 38th/39th St. as Park Commons Drive. Staff felt the use of the historical names previously discussed would cause much confusion among the public and that reinforcement of the Park Commons image would be of some benefit. Councilmember Sanger inquired if the Planning Commission had recommended reinforcing the town center name of Park Commons. Ms. Jeremiah replied that the Planning Commission did not have an objection to the use of ‘park’ in any of the street names within the Park Commons area. Councilmember Latz commented that he liked staff’s analysis of the issues. Mayor Jacobs was not concerned with the use of ‘park’ in any of the names. He felt that Grand Place would be acceptable. Councilmember Santa was concerned about the length of a street name of Park Commons Drive. Councilmember Nelson stated that he does not agree with staff’s recommendation and still would prefer historical references to the street names. Mayor Jacobs again concurred with the staff recommendation. Ms. Jeremiah stated that they will place the renaming of Market St. on the agenda for September 4. She added that the renaming of 38-39th St. may take longer as it will need a public hearing. 2. SW Highway 7 and Louisiana Update Mr. Randy McKay of Frauenshuh and Dr. Saliterman were both present. Mr. Kleve reported that due to tax reform, the available tax abatement has been reduced to $350,000. 16 Mr. McKay stated that construction costs are also up and there is a gap of $550,000 in the $8 million project. He commented that this project will not work as presented and expressed his disappointment. Mr. McKay reported that Frauenshuh will turn over the information they have on the site to city staff to help facilitate any future development. He added that Frauenshuh may be able to provide some assistance with moving the billboard. Dr. Saliterman expressed his desire to locate his practice on the site. He felt that the city’s expectation for the density on the site is too great. He added that he would like to be part of any future developments on the site. Dr. Saliterman stated that the property could be subdivided. Councilmember Latz had concerns regarding the billboard. He inquired about the cost of buying out the property where the billboard was located. Mr. Harmening stated that it would be possible to transfer the development rights from Frauenshuh directly to another developer. He commented that the office space may not be feasible on the site given the current market conditions. Councilmember Nelson inquired when the tax abatement approval sunset will happen. Mr. Kleve responded that the tax abatement does not sunset, but is specific to medical office use. Councilmember Nelson asked if the site would be acceptable for a WMEP school. Mr. Harmening replied that the school has looked at it and that it could work as the school site. Council would like to explore other options and opportunities for the site rather than just dealing with the billboard removal. Councilmember Nelson inquired if the city is required to keep an exclusive relationship with Frauenshuh. Mr. Harmening stated that staff was looking at legal options and will report back with findings. 3. Minnetonka Boulevard Striping Improvements Ms. Hagen clarified the options for restriping on both the west and east sides of Highway 100. Council discussed the current parking on Minnetonka Boulevard as well as garages and alley parking conditions. The transportation planner for Hennepin County, Bob Byers, discussed Hennepin County’s perspective for striping and that the County was in favor of putting in striping. Councilmember Santa would like to be sure that staff is communicating and coordinating with each other in regards to the Texa Tonka study. Council discussed installing edge striping to create a shoulder area for bike travel on the area east of Highway 100, therefore removing parking from both sides of Minnetonka Boulevard. They also discussed installing a trail along the south side of Minnetonka Boulevard to connect the trail 17 to the regional Hutchinson Spur Trail. A public process will need to be started as this goes forward. 4. 2002 Proposed Budget and 2001 Revised Budget Ms. McGann explained that staff had been conservative with the figures they had used and have now received news from the state that there is more revenue than was expected. Council agreed with staff’s budget recommendations. Several members of Council had specific questions in regards to line items. Council directed staff to give a presentation on why city taxes need to be raised. 5. Draft 2002-2006 Capital Improvement Program Mr. Rardin discussed the condition of the water and sewer infrastructure. He stated that maintenance work will need to done but the system is sound. Council discussed the difference between bond or MSA funding to pay for street repair, sidewalks and trails. The police and fire pension fund will be used to replace the technology such as computers, phone, radio, etc. 6. Communications Staff informed Council that the Zoning Administrator, Mr. Scott Moore, will be leaving the city. 7. Adjournment The meeting was adjourned at 9:25 p.m. City Clerk Mayor 18 Item #3c UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION September 10, 2001 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Robert Young, Jeff Jacobs and Sue Santa. Staff present: City Manager (Mr. Meyer), Deputy City Manager (Mr. Pires), Community Outreach Coordinator (Ms. McDonell), Parks and Recreation Director (Ms. Walsh), Environmental Health Official (Mr. Camilon), Community Development Director (Mr. Harmening), Planning and Zoning Supervisor (Ms. Jeremiah), Planner (Mr. Smith), Housing Supervisor (Ms. Schnitker), and City Clerk (Ms. Reichert). 1. Reallocation of CDBG Funds for Improvements to the Lenox Community Center Ms. Schnitker briefed Council on the renovation request for Lenox Community Center that would fund improvements not included in the current remodeling project. She explained that these are CDBG eligible expenses. Ms. Schnitker stated that two funds will need to be reprogrammed in the next year and will allow $160,000 to be made available to reallocate. Councilmember Sanger inquired if other neighborhood programs could use the CDBG funding. Ms. Schnitker said it was possible, but with the new funding cycle coming up and income qualifications, it may be tough to utilize. Councilmember Sanger asked if Community Action for Suburban Hennepin (CASH) funding needs to be used by St. Louis Park residents. Ms. Schnitker replied that it must. Councilmember Nelson felt surprised at the funding request from the School District because he had thought the city funding was to be used only for emergency repairs. Linda Saveraid, Community Education Director, stated that these improvements can’t be made out of the district capital improvement plan as there is not enough funding. Mr. Meyer felt all parts of school capital be looked upon as a potential CDBG fund recipient. He added that the community center is an eligible facility and the proposed projects are needed. Councilmembers Nelson and Brimeyer stated they thought it was a good use of CDBG funds. Councilmember Latz stated that historically the school district has taken care of the facility. He said that he did not want this to set a precedent, but felt it was appropriate at this time. Mr. Meyer stated that a public hearing will be set. 2. Public Art 19 Ms. Walsh introduced Jack Becker of Forecast, Inc. Mr. Becker reported that the survey shows a strong desire within the community for public art. Councilmember Brimeyer inquired if determining a theme is a typical starting point for cities looking to initiate a public art process. Mr. Becker replied that it is generally not and determining a funding source is a more logical first step. Councilmember Brimeyer asked how well those communities work that have developers set aside a percentage of project costs to fund public art. Ms. Becker replied that it is very successful and common in many parts of the country. Mayor Jacobs arrived at the meeting. The Study Session recessed at 7:32 p.m. The meeting reconvened at 7:40 p.m. Councilmember Sanger inquired if Friends of the Arts would be the only group to be involved in the discussions. Mr. Becker replied that he would like to see a broad community involvement. Councilmember Sanger inquired if other forms of art could be incorporated such as theatre, etc. Mr. Becker stated that all forms of art would be welcome. Councilmember Nelson felt that the funding source should be identified immediately. He added that he was not in support of having the developer’s dedicate part of their money to public art. Councilmember Young stated that is common for developers to contribute to a fund dedicated to public art. He added that the neighborhoods might want to do a grant request for art in the neighborhoods. Councilmember Santa felt a funding source must be determined to underscore the city’s commitment to art in St. Louis Park. Mr. Meyer felt that establishing funding and determining what to fund should be decisions made together. Mayor Jacobs stated that he supported public art but felt funding should be established for individuals projects before they are begun. Mayor Jacobs stated that Council should move forward. Mr. Becker replied that he would consolidate the survey results and work to define a vision and mission statement for the public art initiative. He would also work toward developing strategies to gain public support for the initiative and would come before council again in the near future. 3. South Side of Excelsior Boulevard Mr. Meyer spoke of the neighborhood meetings that had taken place last year and the concern of the neighborhood residents about controls to placed on any developments on the south side of Excelsior Boulevard. 20 Councilmember Nelson stated that the Council was already planning to review architectural standards contained in our ordinances and that it was appropriate to consider neighborhood concerns during that series of discussions. Mayor Jacobs agreed that current requirements should be reviewed, stating that he does not want to see the level of development on the south side the same as on the north side. Councilmember Nelson clarified that in this case the term “study” means a review of existing zoning regulations and how appropriate they are in this area. Staff reported that there are no new projects currently proposed for the south side and that they would move forward with a staff review. 4. Community Foundation Mr. Pires introduced Lynn Lyng from the Minnesota Foundation. Ms Lyng explained that the Minnesota Foundation was a statewide community foundation that helps to establish local community foundations to aid in funding a variety of causes and activities. The St. Louis Park School District has currently been working with the Minnesota Foundation on setting up a Public Schools Foundation. Ms. Lyng gave several samples of successes that have occurred in the state. She went on to explain the distribution of wealth, endowment power and the Family of Funds model. Councilmember Nelson inquired if the St. Louis Park Foundation could ‘de-affiliate’ from the Minnesota Foundation if it seemed warranted some time in the future. Ms. Lyng replied that the structure was designed to be permanent, but the entities could divest in the future if all parties agreed to terms. Councilmember Nelson inquired about the management expense. Ms. Lyng stated that .7 percent of the market value of the funds is used. Councilmember Sanger asked if the Minnesota Foundation educates the community members. Ms. Lyng replied that the do. Councilmember Sanger asked Mr. Pires if the staff has identified and designated funds. Mr. Pires stated that staff is currently working to evaluate the options. Councilmember Sanger would like housing to be a part of the fund and asked if the city would be in competition with the school district for contributions. Ms. Lyng explained that the two would work together. The Family of Funds model solved any perception of competition. Councilmember Latz felt that one St. Louis Park fund used by the city and the school district would be the best option. Mr. Pires stated that staff will continue to move forward in regard to this issue. 5. Housing Conditions 21 Mr. Hoffman informed council that staff will soon begin the identifying the deteriorating and blighted residential properties. This data will then be used to develop financial and enforcement programs to ensure maintenance of housing in the city. Mayor Jacobs stated that a reasonable enforcement program should be an integral part of the evaluation and felt it would help to improve the housing stock in the city. Councilmember Sanger emphasized making sure that properties that are already known about as problems are placed on the list. 6. Communications Mr. Meyer informed Council of the trail dedication on Sept. 15, the Fiftieth anniversary of Miracle Mile, and the changes in the upcoming meetings. He also informed Council about a dinner and proclamation dedicated to Lyle Hanks given by the Masons. 7. Adjournment The meeting was adjourned at 9:35 p.m. City Clerk Mayor 22 Item # 3d SPECIAL MEETING OFFICIAL MINUTES CITY OF ST. LOUIS PARK, MINNESOTA September 10, 2001 1. Call to Order The meeting was called to order at 7:40 p.m. The following Councilmembers were present at the meeting: Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young and Mayor Jeff Jacobs. City Attorney, Tom Scott, was also present at the meeting. Also present at the meeting were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Director of Community Development (Mr. Harmening); Planning & Zoning Supervisor (Ms. Jeremiah); Economic Development Coordinator (Mr. Kleve); and City Clerk (Ms. Reichert) 2. Approval of Agenda and Consent Items a. Approval of Agenda It was motioned by Councilmember Nelson, seconded by Councilmember Santa, to approve the agenda. The motion passed unanimously. b. Consent Item (s) It was motioned by Councilmember Nelson, seconded by Mayor Jacobs, approve the consent agenda. The motion passed unanimously. The consent items approved are as follows: 1. Motion to approve an application for Temporary On-Sale Intoxicating Liquor License – Perspectives Benefit, September 20, 2001, 3381 Gorham Ave, St. Louis Park 2. Motion to designate Veit Companies as the lowest responsible bidder, and authorize execution of a contract for hauling of granular fill from the Park Commons site to Oak Park Village in an amount not to exceed $112,200. 3. The request of the City of St. Louis Park for a Conditional Use Permit for the placement of 40,000 cubic yards of fill on Oak Park Village Park. Case No. 01-43-CUP Mr. Smith gave a presentation on moving the Park Commons fill to Oak Park Village Park. Councilmember Sanger inquired if the additional fill would interfere with use of the Stendelslide. Ms. Walsh replied that it would not. 23 Councilmember Santa asked what steps could be taken to minimize disruption to the neighbors and park users. Ms. Walsh stated issues regarding drainage had been addressed to the satisfaction of the neighbors, but reconfiguring the fill will restrict soccer. Ms. Walsh also stated that all work would be finished in three to four weeks if the weather permitted. Councilmember Brimeyer thought it may be useful to consider cutting down the time by hauling twenty-four hours a day. Ms. Walsh and other councilmembers indicated that the suggestion had been made to the neighborhood, was not favorably received and therefore was not pursued. Councilmember Santa moved to adopt Resolution #01-103 approving the request of the City for a Conditional Use Permit to place 40,000 cubic yards of fill at Oak Park subject to the conditions listed in the resolution. Motion seconded by Councilmember Brimeyer. The motion passed 7-0. 4. Adjournment The meeting adjourned at 7:39 p.m. City Clerk Mayor 24 City of St. Louis Park City Council Agenda Item # 5a Meeting of September 24, 2001 5a. Public Hearing and First Reading of an ordinance to rename a portion of 38th and 39th Street west of Monterey Drive to its terminus at the Park Nicollet Clinic. Case No. 01-01-ST Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance renaming a portion of 38th and 39th Street to Park Commons Drive and to set Second Reading for October 3, 2001. Background: As part of the PUD and platting process for Park Commons East, TOLD Development Company suggested renaming 38th/39th Street from Monterey Drive west to its terminus at the HSM/Park Nicollet Clinic. At that time, TOLD suggested renaming the street “Grand Place”. The Council expressed an interest in renaming the street but wanted to consider other names. On June 25, 2001, staff sent a survey to residents of Wolfe Lake and Westmoreland Hills condominiums. More than half of the condominium owners responded to the survey, and several new names were suggested. One of the names suggested by condominium residents was “Park Commons Drive”. During Study Sessions on August 13th and August 27, 2001, the Council discussed the results of the survey and subsequent input. Although there was not unanimous agreement, the Council directed staff to advertise a public hearing to consider renaming 38th/39th Street to “Park Commons Drive”. The Council also expressed an interest in providing assistance to condominium residents and their associations in making the necessary changes. Individual hearing notices have been sent to all owners of the adjacent condominiums as well as to Duane Spiegle at HSM/Park Nicollet. Although Park Nicollet does not currently have any addresses on 38th/39th Street, it is likely that the street will be extended through their campus at some time in the future in accordance with the recommendations of the Park Commons West Task Force. Issues:  What are the advantages of renaming 38th/39th Street “Park Commons Drive”?  What are the disadvantages?  What is being done to help residents and their associations with the name change? 25 What are the advantages of renaming 38th/39th Street “Park Commons Drive”? Renaming 38th/39th Street “Park Commons Drive” would reinforce the town center area name. “Park Commons” was selected as the town center name after several residents suggested it during a town center naming “contest”. “Park Commons Drive” was also suggested by residents and would therefore continue the tradition of using a grassroots approach to determine names for the area. The Park Commons West Task Force recommended extending 38th/39th Street through the HSM/Park Nicollet campus in the future. Therefore, 38th/39th will become the main east-west local connection through the Park Commons area. It seems appropriate for a major public street in the area to carry the name. Park Commons Drive does not conflict with any other street names. It would be located entirely within the Park Commons area, and therefore should not create any confusion regarding its location. Since the roadway does not follow a true east-west or north-south alignment, it seems appropriate to use something other than “Street” or “Avenue”. Staff has not heard any major objections from residents regarding the name (see disadvantages below for minor concerns and other preferences). The developer is accepting of the name, since they cannot use it for their private project. A variance has already been granted to allow streets in the Park Commons area to use the word “park”. What are the disadvantages? Some residents have noted that the name is a little long. Others have indicated a preference for a more historical name (dating back to the City’s origin rather than Vision St. Louis Park). The Ward Councilmember has also noted that using “Drive” rather than “Street” or “Avenue” sounds suburban to him. What is being done to help residents and their associations with the name change? Staff recommends delaying the effective date of the ordinance to allow residents time to make the appropriate changes, use printed materials with their old address, etc. At this time, staff is not recommending an effective date but would like to discuss this more with residents and the Post Office. Staff believes the earliest would be January, but it could be delayed as long as July, 2002. The effective date would need to be determined by Second Reading of the ordinance. Martha McDonell, Community Outreach Coordinator, will act as the staff liaison to coordinate with residents, the Post Office, and other entities as needed to help with the transition. Martha is currently setting up meetings with each condominium building. She hopes to have Post Office staff at those meetings to help with questions. Martha will also be available to help answer questions as they arise later in the process. 26 Based upon positive feedback during the Council Study Sessions, the City is also offering to pay up to $3,000 to each condominium association to reimburse them for costs associated with replacing their project signs. Attachments:  Proposed Ordinance Prepared by: Janet Jeremiah, Planning & Zoning Supervisor Approved by: Charles W. Meyer, City Manager 27 ORDINANCE _________________ AN ORDINANCE RENAMING A PORTION OF 38TH and 39TH STREET IN ST. LOUIS PARK TO PARK COMMONS DRIVE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. PARK COMMONS DRIVE That the street heretofore designated 38th and 39th Street lying west of Monterey Drive to its terminus at the Park Nicollet Clinic is hereby designated Park Commons Drive. Section 2. Effective Date This ordinance shall take effect _____________________ Adopted by the City Council October 3, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Street name ord:N\res 28 City of St. Louis Park City Council Agenda Item # 5b Meeting of September 24, 2001 5b. Public Hearing to Consider the Conveyance of City Owned Property Along the Northern Boundary of the Proposed Park Commons East Plat. This report asks the Council to consider adopting the first reading of an ordinance that would authorize the transfer of certain City-owned property in the “Westmoreland Park” plat that may overlap the proposed Park Commons East plat. Recommended Action: Mayor to close public hearing. Motion to adopt the first reading of an ordinance that authorizes the conveyance of City-owned land along the south boundary of the “Westmoreland Park” plat to the St. Louis Park EDA and to set the second reading of the ordinance for October 3, 2001. Background As part of the title review of the properties in Park Commons East, the title company is requiring the City and EDA to eliminate a “discrepancy area” between the “Westmoreland Park” plat and the “Minnikahda Vista 2nd Addition” plat. The City owns the property in the “Westmoreland Park” plat and the EDA owns the property in the “Minnikahda Vista 2nd Addition” plat. The proposed Park Commons East plat covers this “discrepancy area” and the property will ultimately be transferred to TOLD as a redevelopment parcel. In order to provide clear title when the property is transferred to TOLD for development, the city is being asked to convey any interest it may have in the “discrepancy area” to the EDA. The attached ordinance provides for this conveyance. A map is also attached so you can see where the “discrepancy area” is located. Attachments • Ordinance • Map showing the “discrepancy area” Prepared by: Tom Kleve, Economic Development Coordinator Approved by: Charles W. Meyer, City Manager 29 ORDINANCE NO. _________ AN ORDINANCE AUTHORIZING CONVEYANCE OF CITY-OWNED-LAND ALONG THE SOUTH BOUNDARY OF THE WESTMORELAND PARK PLAT TO THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The conveyance of city-owned land along the south boundary of the Westmoreland Park Plat to the St. Louis Park Economic Development Authority is hereby authorized. The property proposed to be conveyed is legally described as follows: That part of the plat of “Westmoreland Park”, according to the recorded plat thereof, Hennepin County, Minnesota lying southeasterly of the following described line: Commencing at the Southeast corner of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota; thence on an assumed bearing of North 89 degrees 31 minutes 56 seconds West a distance of 783.73 feet along the south line of said Southwest Quarter to the point of beginning of the line to be described; thence North 63 degrees 41 minutes 04 seconds East a distance of 850.92 feet to the west right-of-way line of Natchez Avenue South and said line there terminating. The transfer shall occur in accordance with the terms of a Development Agreement executed by the City and the EDA dated July 23, 2001, on file with the City Clerk. SECTION 2. This ordinance shall be effective fifteen (15) days after its passage and publication. Adopted by the City Council October 3, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: N:res\landtransfer to EDA 30 City of St. Louis Park City Council Agenda Item # 5c Meeting of September 24, 2001 5c. Public hearing on proposed ordinance to vacate an old utility easement in Park Commons East. Case No. 01-08-VAC Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance to vacate a utility easement in Park Commons East and to set Second reading for October 3, 2001. Background: During a title search for the transfer of property, an old utility easement was discovered south of 39th Street and west of the town green in Park Commons East. This easement was not vacated when the previous ordinance was considered to vacate streets subject to recording the plat. The utility easement is not needed for any purpose and needs to be vacated to clear up the title. Notice has been sent to property owners within 350 feet. A letter has also been sent to utility companies. Reliant Energy Minnegasco has responded that they have no interest in the easement and do not object to the vacation. On September 5, 2001, the Planning Commission considered the easement vacation and recommended approval on a vote of 6-0. Recommendation: Staff and the Planning Commission recommend approval of an ordinance to vacate the utility easement with no conditions. Attachment:  Proposed Ordinance Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved By: Charles W. Meyer, City Manager 31 ORDINANCE NO. AN ORDINANCE VACATING A UTILITY EASEMENT IN “Minikahda Vista 2nd Addition, Hennepin County” THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all the owners of all property abutting upon both sides of the utility easement proposed to be vacated has been duly filed with the City Clerk, requesting vacation of the utility easement and the City Clerk has furnished a copy of said petition to the City Manager who has required filing of same to the newspaper, the St. Louis Park Sailor, on September 12, 2001, as directed by the said notice and has conducted a public hearing upon said petition and has determined that the utility easement is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated. Section 2. The City hereby vacates that certain utility easement contained in that certain Warranty Deed dated February 27, 1961, filed May 8, 1961, as Document No. 656726 in the Office of the Hennepin County Registrar of Titles, in favor of the City of St. Louis Park, legally described as follows: A Utility Easement only, for any and all public or privately owned public utilities including but not limited to water, sewer, storm sewer, electric, telephone, telegram and gas, in and over a strip of land described as follows: The Southerly five (5) feet of Lot Six (6), the Northerly five (5) feet of Lot Seven (7), the Northerly five (5) feet of Tract A, Registered Land Survey No. 915, files of the Registrar of Titles of Hennepin County, the Westerly five (5) feet of Lot Six (6), the Westerly five (5) feet of Tract A, Registered Land Survey No. 915, and the Westerly five (5) feet of Tract B, Registered Land Survey No. 915, except the Southerly two (2) feet thereof, Block Five (5), Minikahda Vista 2nd Addition, according to the recorded plat thereof. Section 3. The City Clerk is instructed to file a certified copy of this ordinance in the Office of the Hennepin County Registrar of Titles. 32 Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk 33 City of St. Louis Park City Council Agenda Item # 5d Meeting of September 24, 2001 5d. Public hearing to consider resolution authorizing application for Outdoor Recreation Grant Program. Council is being asked to adopt the attached resolution that would authorize City staff to submit a grant application to the Department of Natural Resources to secure funding for accessibility improvements to two boardwalks on the Marsh Trail at Westwood Hills Nature Center. Recommended Action: Mayor to close public hearing. Motion to adopt the attached resolution. Background: The Minnesota State Legislature passed an omnibus bill in the 2001 special session appropriating money to the Westwood Hills Nature Center for boardwalk improvements on the Marsh Trail. The original bill that was introduced specified an amount of $100,000. After the bill was passed, money was appropriated to the DNR. The DNR Outdoor Recreation Grant program is administering the money and they require that Council adopt a resolution (drafted by the state) which authorizes staff to submit the application for funding. Issues: The original text of the introduced bill was a direct appropriation to Westwood Hills Nature Center in the amount of $100,000. Now that the DNR grants program is administering the money, it is unclear whether or not a 50% match (money or inkind) is required. Staff will present the grant to the LCMR board once we have this resolution approved and have officially applied for the grant. The LCMR board will then do one of three things: waive the 50/50 matching requirement, allow St. Louis Park to fulfill their match with in-kind services, or require the City to fulfill the 50% match requirement. Staff will keep the City Manager informed once the LCMR board has made their decision. It may be necessary to amend our CIP for 2003 to include money for the match requirement. We did have money budgeted in the 2001 CIP from the Park Improvement Fund for boardwalk repair. Since we don't intend to spend this money in 2001 now that the state has appropriated money to us, that money will still be available in the event the City needs to provide funds towards the boardwalk replacement. Recommendation: Staff recommends adopting the attached resolution to authorize application for a DNR Outdoor Recreation Grant. Attachments: Resolution Prepared By: Cindy Walsh, Parks and Recreation Director Mark Oestreich, Westwood Hills Nature Center Manager Approved By: Charles W. Meyer, City Manager 34 RESOLUTION NO. 01-106 RESOLUTION AUTHORIZING APPLICATION FOR OUTDOOR RECREATION GRANT PROGRAM WHEREAS, the City of St. Louis Park has the authority to act as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application to be submitted on September, 2001; and WHEREAS, the City Council has determined that the Director of Parks and Recreation is the appropriate City official to direct the project and is duly authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of St. Louis Park; and WHEREAS, the City of St. Louis Park has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life; and WHEREAS, the City of St. Louis Park has not incurred any costs and has not entered into any written agreements to purchase property described on item 3; and WHEREAS, the City of St. Louis Park has not violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and WHEREAS, upon approval of its application by the state, the City of St. Louis Park may enter into an agreement with the State of Minnesota for the above-referenced project, and the City of St. Louis Park certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW, THEREFORE BE IT RESOLVED that the Director of Parks and Recreation is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Reviewed for Administration Adopted by the City Council September 24, 2001 City Manager Mayor Attest: City Clerk 35 City of St. Louis Park City Council Agenda Item # 7a Meeting of September 24, 2001 7a. Miscellaneous Zoning Ordinance amendments to Sections 14:7-3(A)(1) and 14:8-4.1(C)(7) to extend the rights of non-conforming uses from 6 months to 1 year and change the adoption requirements for zoning code and map amendments in accordance with State Law. Case No. 01-42-ZA Recommended Action: Motion to approve first reading of rezoning ordinance and set second reading for October 3, 2001. Background: The State Legislature recently adopted new laws that extended the rights for terminated non- conforming uses and also amended the requirements for adoption of new ordinances and map amendments. Staff is proposing these amendments so the Zoning Ordinance does not conflict with the recently adopted state law. On September 5, 2001, the Planning Commission held a public hearing and considered the Zoning Ordinance amendments. No one was present from the public. The Planning Commission voted 6-0 to recommend approval of the amendments. Issues: • Should the code be amended to reflect the proposed changes? Analysis of Issues: Should the code be amended to reflect the proposed changes? As mentioned above the State recently adopted new law pertaining to the non-conforming rights when a use has been terminated and the adoption requirements for both ordinance and map amendments. The City Attorney recommends amending our ordinance for consistency with State Law. The code currently permits the continuation of non-conforming uses for a period of six-months after the use has ceased operations. The new law states that when a non-conforming land use ceases operations for more than one year, the non-conforming rights associated with the property shall be terminated after that time. This is an extension of 6 months from the current requirement. 36 Currently, amendments to the Zoning Ordinance require a vote of 2/3 of the City Council. The new law states that a single majority vote of the City Council is sufficient to adopt amendments to the Zoning Ordinance. However, an amendment to change the zoning map from residential to either commercial or industrial would still require a two-thirds (2/3) majority vote of all the Council members. Recommendation: Motion to adopt an ordinance approving amendment to the Zoning Ordinance extending the rights of non-conforming uses from 6 months to 1 year and changing the adoption requirements for zoning code and map amendments in accordance with State Law. Attachments: Proposed Ordinance Prepared By: Patrick Smith, Planner Approved By: Charles W. Meyer, City Manager 37 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:7-3(A)(1) and 14:8-4.1(C)(7) THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01-42-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 14:7-3(A)(1) and 14:8-4.1(C)(7) are hereby amended to read as follows: Section 14:7-3(A)(1) – Non-Conforming Land Use “Termination of rights through discontinuation of the use - If a legal non- conforming land use terminates operations or use for a period of time exceeding six months one year or if the land or building is vacant for a period of time exceeding six months one year the City may infer an intent to abandon the use and the non-conforming rights granted by this section are terminated and any future use of the land must comply fully with this Ordinance.” Section 14:8-4.1(C)(7)– Amendments “The City Council may, by an affirmative vote of two-thirds (2/3) of all its members, adopt amendments to this Ordinance in the following manner: The City Council may, by an affirmative vote of a majority of all its members, adopt amendments to this Ordinance. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a two-thirds (2/3) majority vote of all members of the City Council.” Sec. 3. The contents of Planning Case File 01-42-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. 38 Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council October 3, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney N:res\01-42-ZA 39 City of St. Louis Park City Council Agenda Item # 7c Meeting of September 24, 2001 7b. School District #283 request for funding from Cable TV franchise fees School District #283 verbally requested increased funding at the May 10, 2001 Telecommunications Commission meeting, and in July submitted a three-year equipment plan, specifically requesting $15,820 for this year. Recommended Action: Approve payment to the School District of an operating grant of $35,000 and a special equipment grant of $15,000 for 2001. Background: Operations Grant The School District has received funding from Cable TV franchise fees since 1982, and in the last few years the Telecommunications Commission has reviewed the request and recommended action to the City Council. The Commission has traditionally felt that franchise fees should be used to produce programming and District video text display announcements and schedules for the Educational Channel (formerly 32, now 14), a benefit available to all Cable TV viewers. In 1999 the Commission discussed increased funding for the video tech position if the School District adjusted its position classification procedures to allow this change. The past four years have seen three different employees in this position. The Commission recommends increasing the operations grant from $25,000 to $35,000 for two major reasons: 1) Proper compensation for the lead video position gives stability and continuity to the school program and the cable tv channel. 2) School District staff have provided documentation of video equipment use and future equipment plans at the Commission’s request. An August 9, 2000 letter from Tom Marble, School District Technology Coordinator said, "For the fiscal year 2000-2001, the video operations position for St. Louis Park schools will cost approximately $35,000. With benefits, the cost of the position is in excess of $42,000." This is a direct response to the Commission’s suggestion that the position may not have been valued competitively, which affects employee retention. While the full costs are not covered by the Commission’s recommended increase, an increased regular operations grant reflects the improvements over the past 19 years, and reinforces the Commission's expectations of accountability. In 2001, the Commission recommends to continue separate grants for operations and equipment, basing the equipment grants on District proposals. 40 Equipment Grants Recent past equipment grants (in addition to a $25,000 operations grant) 1998 $8,000 grant for an automatic playback system 1999 $7,500 grant for digital camcorders/tripods 1999 $28,667 (1/3 portion of $86,000 Cable company equipment grant) (District bought 4 new computer edit systems and associated equipment) 2000 $12,900 grant for district to use for personnel and equipment The District sent the Commission a July 17, 2001 letter (attached) with a three-year narrative plan and a 2001-2002 school year equipment request totaling $15,820. Budget Information There is a balance of $51,581 available for Other Contractual Services (4467) in the Revised 2001 Cable TV Budget. Franchise fees collected from Time Warner Cable have continued to grow because of annual price increases and the rapid growth of digital cable services. Date Total customers Basic only Roadrunner Digital Cable 8/00 12,865 1,695 580 1,184 8/01 13,100 1,737 1,978 2,913 Increases 235 42 1,398 1,729 Five-year history Year Operations Grant Equipment Grant Total Grant to School District Total Franchise Fees 1997 25,000 - 25,000 233,781 1998 25,000 8,000 33,000 255,387 1999 25,000 7,500 32,500 279,970 2000 25,000 12,900 37,900 310,713 2001 Propose 35,000 Propose 15,000 50,000 Est. 325,000 Recommendation Motion to approve payment to the School District of $50,000 for 2001, comprised of an operations grant of $35,000 and a video equipment grant of $15,000. Prepared by: Reg Dunlap and John McHugh, TV Coordinators Approved by: Charles W. Meyer, City Manager Attachments: “Cable Commission” Letter of July 17, 2001 Unapproved Telecommunications Minutes of August 9, 2001 (excerpt) 41 Cable Commission: July 17, 2001 As requested at the May 2001 cable commission meeting, we are providing the cable commission with a three-year plan to upgrade and replace equipment used to produce programming on educational channel 14. St. Louis Park School district's continuing goal to improve the quality of programming on educational channel 14 was exemplified this past year at the Senior High. This was largely accomplished with the help of additional equipment grant funds received during the 1999-2000 school year. New editing systems and cameras purchased with this grant allowed for greater facilitation of student projects and therefore more programming for channel 14. The first priority for the 2001-2002 school year is to upgrade our existing studio facility. This studio facility is heavily used throughout the school year and is in need of a new switching/special effects generator. The existing SEG unit was purchased in 1986 and has served long past a useful life. There is also a need for a third high-quality camera and tripod that can also be used for recording on-location events. The second priority for 2001-2002 will be to increase the ability for all schools in the district to produce there own programming which can be played on channel 14. Digital camcorders, computers with editing software and hard drive storage devices will be needed to create production facilities at each building. Compatibility of equipment across all schools will be the ultimate goal. The 2002-2003 school year will be focused on creating a studio facility at the junior high school to provide more sophisticated production capabilities. This will include the purchase of studio cameras, SEG unit and lighting elements. This will give junior high students more exposure to video production opportunities. 2002-2003 will also begin the implementation of a camera rotation schedule that will allow for the cyclical replacement of camcorders. Our experience with camcorders used in our schools tells us that the life span of a camera is approximately 3 years. Each camera at the senior high school sees anywhere between 100 to 150 hours of use in a school year. The 2003-2004 school year will focus on the construction of a second production studio at the senior high. During the 1980's into the mid-1990's there were two production studios at the senior high school. As equipment failed the two studios were combined to keep one working studio. Due to the lack of funding for a second studio, the district focused on keeping the one existing studio from falling into disrepair. Finally the implementation of the camera replacement schedule will continue. The following equipment list is proposed for 2001-2002: Digital Video Mixer Senior High Studio $4800.00 Digital Camcorder Sony VX Senior High Events $3000.00 Bogen 3066 Fluid Head Tripod Senior High Events $ 420.00 (2) Teleprompter Units Senior High Studio $3000.00 (2) Digital Cameras CM, SL A/V Dept. $1600.00 (4) External VST Harddrive 30 gig SL, CM, JH, SH A/V Dept. $2100.00 (1) Camcorder per yr. Rotation Senior High A/V Dept. $ 800.00 (1) Bogen Jr. Tripod Senior High A/V Dept. $ 100.00 At the present time these needs seem to be most apparent although with changing technology and needs, this plan may endure several changes as needed. Sincerely, Tom Marble Charles E. Fiss Director of Information Services A/V Technology Specialist St. Louis Park Schools St. Louis Park School 42 UNAPPROVED MINUTES ST. LOUIS PARK TELECOMMUNICATIONS ADVISORY COMMISSION MEETING OF AUGUST 9, 2001 AT 7:00PM ST. LOUIS PARK CITY HALL WESTWOOD ROOM MEMBERS PRESENT: Rick Dworsky, Dale Hartman, Ken Huiras, Mary Jean Overend MEMBERS ABSENT: Bruce Browning, John Herbert, Bob Jacobson STAFF PRESENT: Reg Dunlap, Civic TV Coordinator, John McHugh, Community TV Coordinator OTHERS PRESENT: Arlen Mattern, Time Warner Cable’s Public Affairs Administrator 6. Old Business A. School District funding for 2000 Chair Huiras asked what the status was of the second School District channel, and Mr. McHugh said Time Warner is reviewing it and they have 6 months to act. He also said the City has offered to pay for the signal generating equipment to put the channel on the cable system, and for an uninterruptable power supply to protect the character generator from brief electrical outages that the District has been subjected to. Chair Huiras asked if they needed to have 30 minutes available on the UPS. Commissioner Hartman said there is a lot of difference in cost for UPS’s, that a 6-hour backup would be ridiculous. Mr. McHugh suggested that he send a communication asking what equipment they have that is critical and what the load is for that equipment, and the Commission concurred. Commissioner Overend said that she’d like to see an internship program or something to motivate students to study communications and video. Chair Huiras said that Commissioner Overend had asked for a 3 year plan in writing, and said that what has been received is great compared to what has been received in the past, and asked if the Commission was satisfied enough with the District’s response (dated July 17, 2001) to make a decision. Commissioner Dworsky made a motion to recommend that the City Council allocate $40,000, $25,000 for a base grant and $15,000 for a capital grant as the School District requested. In the discussion that followed, Commissioner Hartman said this would keep the operations grant low and add the other equipment so it shows up and we can track it. Mr. McHugh said that at the Commission’s urging, the School District has fairly compensated the tech position to reduce turnover, and what appears to be proposed now is the same amount now plus a good equipment grant. He said in his opinion the Commission should follow through and recommend an increase in the base grant as well as offering the equipment grant, but to keep the two grants separate. Commissioner Hartman said that he liked keeping the grants separate, and Chair Huiras agreed. Mr. Dunlap said Tom Marble (School District Technology Officer) had said that two grants, with specified amounts for capital expenses, work very well in his opinion. Commissioner Dworsky amended his motion to reflect $35,000 for a base grant and $15,000 for an equipment grant for 2001. Commissioner Overend seconded; motion passed unanimously. 43 CITY COUNCIL MEETING September 24, 2001 ITEMS TO BE ACTED UPON BY CONSENT Consent items are 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. 1. Motion to approve second reading of rezoning ordinance, approve summary ordinance, and authorize publication for the Jewish Community Center to change the zoning classification at 4330 South Cedar Lake Road from R-4 Multi-Family Residential to R-1 Single Family Residential. 2. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $61,979.75 for City-wide random sidewalk repair – City Project No. 01-02 3. Bid Tabulation: Motion to designate Standard Sidewalk, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $187,026.30 for the 2001 Sidewalk Improvement Project-Phase A – City Project No. 99-07 4. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $80,693.00 for the Louisiana Avenue Bus Bay Improvement Project – City Project No. 01-17 5. Motion to adopt resolution accepting work and approving payment for Flood Grant projects at 6708 W. 26th Street and 6712. W. 26th Street. 6. Motion to approve resolution allowing Newport on 7 to issue up to $12,924,832 in Private Activity Revenue Bonds and approve all documents in connection with the bond issue. 7. Motion to approve second reading of an ordinance modifying Mayor and City Councilmembers compensation, approve the ordinance summary and authorize publication. 8. Motion to accept the following reports for filing: a. Planning Commission Minutes of August 15, 2001 b. Housing Authority Minutes of August 8, 2001 c. Charter Commission Minutes of July 11, 2001 d. Vendor Claims 44 CONSENT ITEM # 1 St. Louis Park City Council Meeting of September 1. Motion to approve second reading of rezoning ordinance, approve summary ordinance, and authorize publication for the Jewish Community Center to change the zoning classification at 4330 South Cedar Lake Road from R-4 Multi- Family Residential to R-1 Single Family Residential. Background The Jewish Community Center (JCC) is proposing a major building expansion to add 32 classrooms, library, music room, and computer lab. In addition, the JCC is proposing a 6,200- square-foot expansion to the physical fitness center. They are also proposing to expand their parking lot to the south and east and add a drop-off area north of the new expansion. To accommodate the parking lot expansion, the Jewish Community Center (JCC) is buying a piece of City land immediately south of their existing facility. The existing JCC property is currently zoned R-4 Multiple-Family Residential, and the City-owned property is currently zoned R-1 Single-Family Residential. The JCC initially applied to rezone the City property to R-4; however, due to neighborhood concerns with the proposed expansion of a Multiple-Family District, the JCC has agreed to downzone their property from R-4 to R-1. An existing trail on the City property would remain (a trail easement is a requirement of the purchase). A portion near the cul-de-sac may be relocated. The primary users of the new 62,000-square-foot addition would be the Minneapolis Jewish Day School during days and the Talmud Torah during the evenings. The community center also houses a nursery school, a teen center, senior citizen programs, physical fitness center, auditorium, and offices. On June 28, 2001, the applicant held a neighborhood open house. Approximately 20 residents attended. One resident expressed concerns with the original building proposal that included a metal finish on the top portion of the addition. Residents also expressed concerns or had questions regarding potential impacts on the existing trail on the City property, speeding around the JCC building, whether all the proposed parking is needed, light spillover on adjacent properties, potential road connection to France Avenue, noise from the existing outdoor uses, views and aesthetics of the proposed changes to the site. On August 1, 2001, the Planning Commission held a public hearing and considered the rezoning, preliminary plat and variance requests. At the public hearing, residents voiced concern over the removal of trees, idling cars and buses near their homes, and the height of the proposed building. 45 The Planning Commission voted 6-0 to recommend approval of the JCC’s requests subject to the conditions recommended by staff. On September 4, 2001, the City Council voted 7-0 to approve the first reading of the rezoning, preliminary plat and variance requests. Issues: Are the Zoning and Subdivision Ordinance requirements being satisfied? What are the existing non-conformities? Analysis of Issues: Are the Zoning and Subdivision Ordinance requirements being satisfied? Dimensional Standards and Densities The building expansion and proposed parking lot meet all setback requirements. However, the proposed addition requires a building height variance. The maximum height in the R-1 zoning district is 30 feet or 3 stories, whichever is less. The proposed addition is 44 feet in height. A building height variance was approved at the September 4th City Council meeting. Landscaping The City Council expressed concerns about the Landscaping Plan during the First Reading of the proposed rezoning. Staff is in discussion with the applicant on the final Landscaping Plan. A final Landscaping Plan will be available for Council review in concurrence with the review of the Final Plat, which will likely occur at its October 15th meeting. Subdivision Ordinance A condition of approval is that the Plat be revised showing the perimeter utility easements as required per ordinance. Also, the Subdivision Ordinance requires the installation of sidewalks along all public roadways. The preliminary plat approval requires that a connection from the trail to the pedestrian overpass be constructed. 46 Recommendation: Motion to approve Second Reading of a Zoning Ordinance amendment rezoning the property located at 4330 South Cedar Lake Road from R4 – Multi-Family Residential to R1 – Single Family Residential, approve Summary Ordinance and authorize publication. Attachments: • Proposed Ordinance • Proposed Summary Ordinance Prepared by: Patrick Smith, Planner Approved by: Charles W. Meyer, City Manager 47 ORDINANCE NO. 2207-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 4330 SOUTH CEDAR LAKE ROAD (Jewish Community Center) THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: See Attached Legal Description - Exhibit A from R-4 Multi-Family Residential to R-1 Single Family Residential Section 2. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council September 24, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 48 SUMMARY ORDINANCE NO. 2207-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 4330 SOUTH CEDAR LAKE ROAD This ordinance states that the zoning for the property located at 4330 South Cedar Lake Road shall be changed from R-4 Multi-Family Residential to R-1 Single Family Residential. This ordinance shall take effect 15 days after publication. Adopted by the City Council September 24, 2001 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: October 3, 2001 N:res/01-34-Z-sum 49 CONSENT ITEM # 2 St. Louis Park City Council Meeting of September 24, 2001 2. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $61,979.75 for City-wide random sidewalk repair – City Project No. 01-02 Background: This project is initiated each year in order to repair badly damaged sections of sidewalk throughout the city. Repairs are based on a yearly inspection and rating that is performed by staff. Damaged sections are rated and repaired according to their severity. Bids for this project were received on September 19, 2001. An Advertisement for Bids was published in the St. Louis Park Sun-Sailor on August 29 & September 5, 2001 and in the Construction Bulletin on August 31 & September 7, 2001. A summary of the bid results is as follows: Contractor Bid Amount Ron Kassa Construction, Inc. $61,979.75 Standard Sidewalk, Inc. $69,059.20 Gunderson Brothers Co. $77,548.10 *Marthaler Co. $137,976.15 Engineer’s Estimate $72,660.00 * Engineer’s correction upon extension of unit prices Evaluation of Bids: A total of four (4) companies submitted bids. A review of the bids indicates Ron Kassa Construction, Inc. submitted the lowest bid. Ron Kassa Construction has satisfactorily constructed a number of similar projects both in St. Louis Park and in surrounding communities. Staff has determined that Ron Kassa Construction, Inc. submitted the lowest responsible bid and recommends that a contract be awarded to the firm in the amount of $61,979.75. Financial Considerations: $79,000 was budgeted in 2001 for these repairs. No special assessments are proposed for this project. Prepared By: Maria A. Hagen, City Engineer Approved By: Charles W. Meyer, City Manager 50 CONSENT ITEM # 3 St. Louis Park City Council Meeting of September 24, 2001 3. Bid Tabulation: Motion to designate Standard Sidewalk, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $187,026.30 for the 2001 Sidewalk Improvement Project- Phase A – City Project No. 99-07 Background: This project was initiated in order to construct new sidewalk segments recommended in the Sidewalk, Trail, Bikeway and Crossings Plan. This is the first year of a 3-year effort to install additional sidewalk throughout the city. The project identified as Phase A are those segments scheduled for 2001 that will not be funded with State Aid monies. The Phase B project includes those segments that will be funded using State Aid dollars. In order to access State Aid funds, project plans must be approved by the Minnesota Department of Transportation, (Mn/DOT) prior to bidding. Due to delays in surveying and designing the sidewalk segments, plans for both projects were not completed until late Summer 2001. Staff recommended bidding this project in phases so that some construction could take place yet this year. The plans for Phase B sidewalks are currently being reviewed by Mn/DOT. The bidding process is expected to occur early in 2002 with construction of Phase B sidewalks expected to begin in Spring 2002. Bid Analysis: Bids for the Phase A project were received on September 12, 2001. An Advertisement for Bids was published in the St. Louis Park Sun-Sailor on August 22 & 29, 2001 and in the Construction Bulletin on August 24 & 31, 2001. A summary of the bid results is as follows: Contractor Bid Amount *Standard Sidewalk, Inc. $187,026.30 *Ron Kassa Construction, Inc. $194,268.50 O’Malley Construction, Inc. $220,419.03 *Thomas & Sons Construction, Inc. $245,890.08 Engineer’s Estimate $264,260.00 * Indicates corrected bid The difference between the Engineer’s Estimate and the low bid was $77,233.70. Staff has determined that Standard Sidewalk, Inc. submitted the lowest responsible bid and recommends that a contract be awarded to the firm in the amount of $187,026.30. The original plan adopted by the City in August of 2000 estimated the construction cost of Phase A sidewalks at $179,000. 51 Concerns about cost overruns had been expressed at an earlier Council meeting. These bid results indicate actual construction costs to be less than 5% over those originally anticipated and appear acceptable to staff. General Obligations Bond proceeds will be used to fund this project. Prepared By: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager 52 CONSENT ITEM # 4 St. Louis Park City Council Meeting of September 24, 2001 4. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $80,693.00 for the Louisiana Avenue Bus Bay Improvement Project – City Project No. 01-17 Background: Project for Pride in Living (PPL) is completing a major renovation of the Louisiana Court apartment complex. As a part of the amendment to their Planned Unit Development, PPL was granted parking reduction considerations based on the creation of transit stops and sidewalk improvements along Louisiana Avenue. With the changes in striping that the City has completed on Louisiana Avenue in order to improve traffic flow, busses stopping at the intersection of 28th and Louisiana Avenue block traffic. Therefore, this project was proposed to improve stopping conditions for busses, provide space for bus shelters, and relocate the sidewalk along Louisiana Avenue to create a safer situation for pedestrians. Bid Analysis: Bids for this project were received on September 12, 2001. An Advertisement for Bids was published in the St. Louis Park Sun-Sailor on August 22 & 29, 2001 and in the Construction Bulletin on August 24 & 31, 2001. A summary of the bid results is as follows: Contractor Bid Amount Ron Kassa Construction, Inc. $80,693.00 Thomas & Sons Construction, Inc. $96,408.65 Nadeau Utility, Inc. Bid came in late Engineer’s Estimate $62,644.00 The difference between the Engineer’s Estimate and the low bid was $18,049.00. Upon review of the bid from Ron Kassa Construction it was determined that one item caused the discrepancy in price from the Engineer’s Estimate. This item was the signal pole relocation and associated wiring. The estimated cost for this work was $23,000 and the bid price from Ron Kassa Construction was $40,000. In a conversation with Chuck Rickart of WSB and Associates, who designed this portion of the project for the city, he stated that many of the signal projects he has recently received bids on are coming in at twice the estimated cost. This is due to the fact that many electrical contractors are very busy and have enough work for the remainder of the construction season. 53 Even though it may be possible to save some money by re-bidding this project next Spring, staff feels that it is important to construct this project this year in order to minimize disruptions in the area including impacts on traffic, neighbors, and the Louisiana Courts project. Therefore staff recommends that a contract be awarded to Ron Kassa Construction, Inc. in the amount of $80,693.00. General Obligations Bond proceeds will be used to fund this project. Prepared By: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager 54 CONSENT ITEM # 5 St. Louis Park City Council Meeting of September 24, 2001 5. Motion to adopt resolution accepting work and approving payment for Flood Grant projects at 6708 W. 26th Street and 6712. W. 26th Street. Background: As a part of the City’s Stormwater Management Program, two Flood Grant projects were recently completed. The projects were located at 6708 W. 26th Street and 6712 W. 26th Street. These properties lie adjacent to and south of the new pond at Nelson Park. The Flood Grant project included raising the garages and driveways, installing an additional storm sewer pipe, replacing basement windows with water-proof windows and raising window wells. Both projects were completed in a timely manner and both property owners have expressed satisfaction with the work completed by the contractor, Construction Results Corporation. Summary: Following is a summary of the construction cost for each property: Address Cost 6708 W. 26th Street $47,240.00 6712 W. 26th Street $37,955.00 TOTAL $85,195.00 Funding Source: The Flood Grant Program is funded through expenditure of Storm Water Utility Revenue. Although the City’s agreement is with the property owners and they have an agreement with the contractor, the City Attorney has recommended the checks for payment be made out to both the property owner and contractor to insure the contractor receives payment. Attachment: Resolution Prepared by: Carlton Moore – Superintendent of Engineering Maria Hagen – City Engineer Reviewed by: Mike Rardin – Director of Public Works Approved by: Charles W. Meyer, City Mnaager 55 RESOLUTION NO. 01-104 RESOLUTION ACCEPTING WORK ON FLOOD GRANT PROJECTS 6708 W. 26th STREET & 6712 W. 26TH STREET BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written Flood Grant Project agreement with the City dated May 3, 2001, for 6708 W. 26th Street and a written Flood Grant Project agreement with the City dated May 3, 2001, for 6712 W. 26th Street, the contractor, Construction Results Corporation has satisfactorily completed the improvements of raising the garages and driveways, installing an additional storm sewer pipe, replacing basement with water-proof windows and raising window wells. 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. Reviewed for Administration: Adopted by the City Council September 24, 2001 City Manager Mayor Attest: City Clerk 56 CONSENT ITEM # 6 St. Louis Park City Council Meeting of September 24, 2001 6. Motion to approve resolution allowing Newport on 7 to issue up to $12,924,832 in Private Activity Revenue Bonds and approve all documents in connection with the bond issue. Background: Preliminary approval for this bond issue was given on the August 6, 2001 City Council meeting. A Public Hearing was also held on August 6, 2001 to consider the issuance of this Private Activity Revenue Bond for Newport on 7. This is the final approval needed in order to proceed with the issuance of these bonds. The total bond issue is not to exceed $12,924,832 and the proceeds will be used to refund Private Activity Revenue Bonds issued in 1985 by the City of St. Louis Park and to make capital improvements on the property. This bond issue is considered conduit debt and therefore, the City is not liable for the repayment of the debt. Newport on 7 is required to pay the City an administrative fee of 1/8th of 1% of the outstanding principle balance of the debt. Attachments: • Resolution authorizing the issuance and approving the execution of documents in connection with the bond issue Prepared by: Jean D. McGann, Director of Finance Approved by: Charles W. Meyer, City Manager 57 RESOLUTION NO. 01-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (NEWPORT ON SEVEN APARTMENTS PROJECT), SERIES 2001, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,120,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF A TRUST INDENTURE, A FINANCING AGREEMENT, AN AMENDED AND RESTATED REGULATORY AGREEMENT, AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS. WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its boundaries, by issuing revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds, and by issuing bonds for the purpose of refunding any outstanding bonds issued by the City pursuant to the Act; and WHEREAS, by Resolution No. 6386, dated October 2, 1979, the City Council of the City adopted a Housing Plan and Program (the “Plan”) for the City in accordance with the then applicable requirements of the Act; and WHEREAS, by Resolution No. 84-212, adopted December 17, 1884, following a public hearing for which notice was published in a newspaper of general circulation in the City at least fifteen days prior to the date of the hearing, the City Council of the City approved an amendment to the Plan relating to the issuance of revenue bonds of the City to finance a multifamily housing development to be located at Highway 7 and Pennsylvania in the City (the “Project”); and WHEREAS, on April 9, 1986, an amended housing program (the “Program”) relating to the Project was submitted to the Metropolitan Council and by Resolution No. 86-55, adopted on May 5, 1986, the City Council of the City approved the Program following a public hearing for 58 which notice was published in a newspaper of general circulation in the City at least fifteen days prior to the date of the hearing; and WHEREAS, the Program was submitted to the Minnesota Housing Finance Agency (the “MHFA”) on June 2, 1986, and the City was advised by letter dated July 3, 1986, that the application with respect to the Program was reviewed by the MHFA and found to be complete as of June 2, 1986, and that the MHFA had not rejected the Program within the thirty-day period following June 2, 1986; and WHEREAS, by Resolution No. 86-138, adopted by the City Council of the City on August 18, 1986, the City Council authorized the issuance of its Multifamily Mortgage Revenue Bonds (Walker Place Apartments Project), Series 1986 (the “Series 1986 Bonds”), in the original aggregate principal amount of $10,124,832, and the application of the proceeds of the Series 1986 Bonds to the acquisition, construction, and equipping of the Project, a 165-unit residential rental housing development; and WHEREAS, pursuant to the Act, the City issued the Series 1986 Bonds pursuant to Resolution No. 86-138 and a Bond Resolution, dated as of August 1, 1986, and loaned the proceeds derived from the sale of the Series 1986 Bonds to St. Louis Park Housing Partners, A Limited Partnership, a Minnesota limited partnership (the “Borrower”), pursuant to the terms of a Loan Agreement, dated as of August 1, 1986, to finance the Project; and WHEREAS, on July 16, 2001, the City held a public hearing (after publication of notice of such hearing in a newspaper of general circulation in the City at least fifteen days before the hearing) regarding the proposed issuance of revenue bonds to refund the outstanding Series 1986 Bonds of the City and adopted a resolution granting preliminary authorization for the issuance of the such revenue refunding bonds; and WHEREAS, to provide for the refinancing of the Project, the Borrower has proposed that the City: (ii) issue its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Newport on Seven Apartments Partners Project), Series 2001 (the “Series 2001 Bonds”), in the original aggregate principal amount of $10,120,000, pursuant to the terms of a Trust Indenture, dated as of September 1, 2001 (the “Indenture”), between the City and U.S. Bank Trust National Association, as trustee (the “Trustee”); (ii) apply the proceeds derived from the sale of the Series 2001 Bonds to fund a mortgage loan to the Borrower pursuant to the terms of a Financing Agreement, dated as of September 1, 2001 (the “Financing Agreement”); and (iii) in conjunction with the issuance of the Series 2001 Bonds, provide for the redemption and prepayment of the Series 1986 Bonds; and WHEREAS, the Series 2001 Bonds are proposed to be secured by a Direct Pay Irrevocable Transferable Credit Enhancement Instrument, to be dated as of the date of issuance of the Series 2001 Bonds (the “Credit Facility”), to be issued by Fannie Mae, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. Sections 1716 et seq. (“Fannie Mae”), pursuant to the terms of a Reimbursement Agreement, to be dated as of September 1, 2001 (the “Reimbursement Agreement”), between Fannie Mae and the Borrower, and the obligations of the Borrower to reimburse Fannie Mae for any payments 59 made by Fannie Mae under the Credit Facility are to be secured by the Reimbursement Agreement; and WHEREAS, the obligations of the Borrower under the Financing Agreement are to be secured by a Multifamily Note, to be dated as of February 1, 2001 (the “Mortgage Note”), executed by the Borrower in favor of the City (and assigned by the City to the Trustee pursuant to the Indenture for the benefit of the owners of the Series 2001 Bonds), and a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement, to be dated as of September 1, 2001 (the “Mortgage”), executed by the Borrower in favor of the City, and assigned by the City to the Trustee and Fannie Mae pursuant to the terms of an Assignment and Intercreditor Agreement, to be dated as of September 1, 2001 (the “Assignment”), among the City, the Trustee, Fannie Mae, and the Borrower for the benefit of the owners of the Series 2001 Bonds; and WHEREAS, neither the City nor the State of Minnesota nor any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged under the terms of the Indenture) shall be liable on the Bonds, and the Bonds shall not be a debt of the City or the State of Minnesota or any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged under the terms of the Indenture), and in any event shall not give rise to a charge against the credit or taxing power of the City, Ramsey or Washington Counties (the “Counties”), the State of Minnesota, or any political subdivision thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA THAT: Section 1. The City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City of St. Louis Park is dependent upon the maintenance, provision, and preservation of an adequate housing stock which is affordable to persons and families of low or moderate income and that accomplishing this is a public purpose. The City also hereby finds, determines, and declares that the Project has been designed to be affordable by persons and families of low and moderate incomes and that at least twenty percent of the dwelling units in the Project will be held for occupancy by families and individuals with adjusted gross incomes not in excess of eighty percent of the median family income as most recently estimated by the United States Department of Housing and Urban Development for the Minneapolis/St. Paul Metropolitan Statistical Area. Section 2. The City Council of the City further finds, determines, and declares that the purpose of the Program is to finance the Project. At the request of the Borrower, to accomplish the purposes of the Program, the City proposes to issue the Series 2001 Bonds and use the proceeds to make a mortgage loan to the Borrower in order to finance the redemption and prepayment of the Series 1986 Bonds. The Program and the proposed actions of the City will provide for the long-term financing of the Project which will ensure the provision of rental housing in the City of St. Louis Park for occupancy primarily by persons of low and moderate income. 60 Section 3. For the purpose of financing the Project there is hereby authorized the issuance of the Series 2001 Bonds. The Series 2001 Bonds shall bear interest at such rates, shall be in such denomination, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the Series 2001 Indenture. Section 4. The Bonds shall be special obligations of the City payable solely from the revenues of the Project, in the manner provided in the Series 2001 Indenture. The Bonds do not constitute an indebtedness, liability, general or moral obligation (except to the extent of the trust estate pledged under the Indenture) or a pledge of the faith and credit or any taxing power of the City, the County of Hennepin, the State of Minnesota, or any political subdivision thereof. The City hereby authorizes and directs the Mayor of the City (the “Mayor”) and the City Manager of the City (the “City Manager”) to execute the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee as set forth therein. The Mayor is hereby authorized to approve changes to the maturity schedules, optional and mandatory redemption terms, mandatory sinking fund payment schedules, and other terms and provisions of the Bonds set forth in the Indenture; provided that the maturity date for any Bond shall not be later than the latest date set forth in the form of the Indenture. The Mayor is hereby authorized to approve the final interest rate for the Bonds at an average annual rate not exceeding six percent (6.00%) per annum unless otherwise set forth in the Indenture and the Bond Purchase Agreement. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such changes as shall be approved by the Mayor pursuant to this section, and with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 5. The Mayor and the City Manager are hereby designated as the representatives of the City with respect to the issuance of the Series 2001 Bonds and the transactions related thereto and are hereby authorized and directed to accept and execute the Bond Purchase Agreement (the “Bond Purchase Agreement”), between U.S. Bancorp Piper Jaffray Inc. (the “Underwriter”), the City, and the Borrower. All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and. de1ivery thereof. The Bond Purchase Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such changes as shall be approved by the Mayor pursuant to Section 4 hereof, and with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. 61 Section 6. The Mayor and the City Manager are hereby authorized and directed to execute the Financing Agreement with the Borrower, and when executed and delivered as authorized herein, the Financing Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 7. The Mayor and the City Manager are hereby authorized and directed to accept and execute the Amended and Restated Regulatory Agreement, dated as of September 1, 2001 (the “Regulatory Agreement”), with the Borrower and the Trustee and, when executed and delivered as authorized herein, the Regulatory Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 8. The Mayor and the City Manager are hereby authorized and directed to accept, execute, and deliver the Assignment, a Uniform Commercial Code financing statement (with respect to the assignment of its interests in the Financing Agreement, other than the Reserved Rights (as defined in the Indenture) to the Trustee for the benefit of the owners of the Series 2001 Bonds), and all other instruments and documents necessary to accomplish the purposes for which the Series 2001 Bonds are to be issued and the Indenture, the Financing Agreement, the Regulatory Agreement, and the Bond Purchase Agreement are to be executed and delivered. Section 9. The City hereby consents to the preparation and distribution of an Official Statement with respect to the offer and sale of the Series 2001 Bonds as requested by the Underwriter and the Borrower; provided that it is understood that the City has not been requested to participate in the preparation of or to review the Official Statement and has not done so. The City has made no independent investigation of the facts and statements set forth in the Official Statement; accordingly, the City assumes no responsibility with respect thereto including, without limitation, as to matters relating to the accuracy, fairness, completeness or sufficiency of the Official Statement, except any information specifically relating to the City under the heading “THE ISSUER” and “NO LITIGATION—The Issuer”. The City hereby consents to the execution and delivery by the Borrower and the Trustee of a Continuing Disclosure Agreement, dated as of September 1, 2001 (the “Continuing Disclosure Agreement”), providing for continuing disclosure in accordance with the requirements of Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended. 62 Section 10. The Mayor, the City Manager, and other officers of the City are authorized upon request to furnish certified copies of all proceedings and records of the City relating to the Series 2001 Bonds, and such other affidavits and certificates as may be required to show the facts relating to the Series 2001 Bonds as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. Such officers, employees, and agents of the City are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Underwriter, the Trustee, Fannie Mae, or other persons or entities in conjunction with the issuance of the Series 2001 Bonds and the expenditure of the proceeds of the Series 2001 Bonds. Without imposing any limitations on the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Series 2001 Bonds, an order to the Trustee, a general certificate of the City, and an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. December 2000). Section 11. The City hereby approves the Reimbursement Agreement, the Mortgage Note, and the Mortgage and hereby authorizes the assignment of the Mortgage Note and Mortgage to the Trustee pursuant to the terms of the Indenture for the benefit of the owners of the Bonds. Section 12. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Indenture or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representatives, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the Series 2001 Indenture or other documents referred to above shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Indenture or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person’s individual capacity, and neither the City Council members of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 13. Except as herein otherwise expressly provided, nothing in this resolution or in the Series 2001 Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, and the Trustee, as fiduciary for owners of the Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof; this resolution, the Indenture and all of their provisions being intended to be, and being for the sole and 63 exclusive benefit of the City and the Trustee as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Indenture, and the Borrower to the extent expressly provided in the Indenture. Section 14. In case any one or more of the provisions of this resolution or of the Indenture or of the Series 2001 Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Indenture or of the Series 2001 Bonds, but this resolution, the Indenture, and the Series 2001 Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Indenture, the pledge of revenues derived from the Project referred to in the Indenture, the pledge of collateral derived from the Project referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Series 2001 Bonds pursuant to and under the Indenture, and the application of said revenues, collateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other money, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 15. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Series 2001 Bonds, and to the execution of the Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Series 2001 Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 16. The City Council members of the City, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required by them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2001 Bonds, the Indenture, and the other documents referred to above, and this resolution. Section 17. The Mayor and the City Manager are hereby designated and authorized to take such administrative actions as are permitted or required in connection with the issuance of the Series 2001 Bonds by the Indenture, the Financing Agreement, the Regulatory Agreement and the Bond Purchase Agreement. Section 18. The Mayor and the City Manager of the City are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Financing Agreement, the Bond Purchase Agreement, the Regulatory Agreement or any other agreements, certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other 64 documents referred to in this resolution, or to evidence compliance with Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as applicable to the Series 1986 Bonds; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. Section 19. If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution, any other member of the City Council of the City, or any officer of the City duly delegated to act on behalf of the Mayor, may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any member of the City Council, the Assistant City Manager, or any officer of the City duly delegated to act on behalf of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager. Section 21. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this September 24, 2001. THE CITY OF ST. LOUIS PARK, MINNESOTA Reviewed for Administration: City Manager Mayor Attest: City Clerk 65 CONSENT ITEM # 7 St. Louis Park City Council Meeting of September 24, 2001 7. Motion to approve second reading of an ordinance modifying Mayor and City Councilmembers compensation, approve the ordinance summary and authorize publication. Background: The salaries of Councilmembers and EDA Commissioners are being reviewed at this time based on the directive of Council. At the time when the salaries were last increased, Council asked staff to review and adjust salaries in the fall of each municipal election year. It was requested that the increase be consistent with the annual adjustment set for City employees. The first reading of the ordinance to modify Council compensation and a resolution setting compensation for the Economic Development Authority Commissioners were approved by Council on September 4, 2001. Recommendation: Staff recommends Council: A. Adopt the ordinance increasing the annual salary of the Mayor from $9,200 to $9,760 and councilmembers from $6,000 to $6,365 effective January 1, 2002. B. Continue to review and adjust Council salaries in the fall of each municipal election year in amounts similar to other City employees. Attachments: Ordinance Summary of Ordinance Prepared By: Durell Vieau, Human Resources Coordinator Approved by: Charles W. Meyer, City Manager 66 ORDINANCE NO. 2208-01 AN ORDINANCE SETTING SALARIES FOR THE MAYOR AND COUNCILMEMBERS THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. The annual salary of the Mayor shall be $9,760, and the annual salary of each Councilmember shall be $6,365, until changed by ordinance as provided in Section 2.07 of the St. Louis Park Home Rule Charter. Section 2. This ordinance shall take effect January 1, 2002. Reviewed for Administration: Adopted by the City Council September 24, 2001 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 67 SUMMARY ORDINANCE NO._____________ AN ORDINANCE SETTING SALARIES FOR THE MAYOR AND COUNCILMEMBERS The ordinance sets the annual salary for the Mayor at $9,760 and the annual salary of each Councilmember at $6,365. This ordinance shall take effect January 1, 2002. Adopted by the City Council September 24, 2001 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: 68 CONSENT ITEM # 8a OFFICIAL MINUTES PLANNING COMMISSION CITY OF ST. LOUIS PARK AUGUST 15, 2001--6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Ken Gothberg, Dennis Morris, Sally Velick MEMBERS ABSENT: Michael Garelick, Carl Robertson, Jerry Timian STAFF PRESENT: Judie Erickson, Nancy Sells 1. Call to Order - Roll Call Chair Velick called the meeting to order at 6:02 p.m. 2. Approval of Minutes of August 1, 2001 Commissioner Gothberg moved approval of the minutes and the motion passed on a vote of 4-0 with Commissioners Bissonnette, Gothberg, Morris and Velick voting in favor. 3. Hearings: A. Amendment to Comprehensive Plan 2000-2020 to add a 5-year Capital Improvement Plan (CIP). Case No. 01-40-CP Ms. Erickson presented a staff report. Chair Velick opened the public hearing. Commissioner Gothberg asked if the process would be reviewed and adopted as an amendment to the Comprehensive Plan on a yearly basis. Ms. Erickson said that is the procedure set by state law. Commissioner Gothberg commented that it would be helpful to have a regular review as to which goals were progressing with City funding or external funding, which are capital-related, which items are being studied, which items are being undertaken and which items are being delayed. This would give the Planning 69 Commission a better sense of how the overall Comprehensive Plan is being followed. Commissioner Morris stated that he thought capital improvements were all City bonded programs. Clint Pires, Deputy City Manager, responded that there are a variety of revenue sources for the projects included in the CIP. He explained that a significant percentage of projects are funded through bonds. He said other revenue sources include the state, county, and other municipalities. Commissioner Morris asked if there are school district projects in the CIP. Mr. Pires replied that cooperative projects are reflected in the CIP. He explained that relative to the Comprehensive Plan, the major interest regards parks, streets and public land. Mr. Pires stated that the CIP is also designed to take into consideration other areas where significant investments need to be made in technology, radio systems, phone systems, computer systems, and vehicles. He went on to say that the scope of the CIP does include multiple jurisdictions, including the school district particularly in the parks area. Mr. Pires stated that the CIP will be updated and come back to the Planning Commission on an annual basis. He said that in the future more parks projects will be in the CIP as a parks master plan will be undertaken. Chair Velick asked if improvements at Lamplighter Pond are included in the CIP. Mike Rardin, Director of Public Works, and Maria Hagen, City Engineer, replied that those improvements were part of the CIP 2000-2001, with minor mention in the CIP 2002-2006 CIP (flood improvement project area 4A), as the improvements were anticipated to be delivered in 2001. Chair Velick closed the public hearing. Commissioner Morris moved approval of the CIP 2002 –2006 and recommended that the City Council adopt a resolution amending Comprehensive Plan 2000 – 2020 to incorporate the CIP 2002-2006. The motion passed on a vote of 4-0 with Commissioners Bissonnette, Gothberg, Morris, and Velick voting in favor. 5. Communications A. Recent City Council Action – August 6, 2001 B. Other 70 i. Chair Velick remarked that she and Commissioner Morris toured the Park Commons project area on August 14 with the Richfield Planning Commission and the Mayor of Richfield. ii. Reminder – September 11 Joint Planning Commission at Richfield 6. Adjournment Chair Velick adjourned the meeting at 6:20 p.m. Respectfully submitted, Nancy Sells Administrative Secretary 71 CONSENT ITEM # 8b MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, August 8, 2001 Westwood Room 5:00 p.m. MEMBERS PRESENT: Catherine Courtney, William Gavzy, Judith Moore, Anne Mavity (5:15 p.m.), Shone Row (5:20 p.m.) STAFF PRESENT: Sharon Anderson, Tamra Bokal, Michele Schnitker, Cindy Stromberg, Jean McGann OTHERS PRESENT: Steve Wischmann of Kern, DeWenter, Viere Ltd, League of Women Voters representative 1. Call to Order The meeting was called to order at 5:05 p.m. 2. Approval of Minutes for July 11, 2001 Commissioner Moore moved approval of the amended minutes of July 11th, 2001. Commissioner Gavzy seconded the motion, and the motion passed on a vote of 3-0 with Commissioners Courtney, Gavzy and Moore voting in favor. 3. Hearings: None 4. Reports and Committees: None 5. Unfinished Business: None 6. New Business a. Fiscal Year 2000 Audit Presentation Jean McGann introduced Steve Wischmann from Kern, DeWenter, Viere Ltd who would discuss the audit. Mr. Wischmann mentioned the auditor's opinion was unqualified which is the highest level that can be obtained. He reviewed the combined financial statements and discussed the general unreserved fund balance which increased by $21,638 to a total of $478,420. He also talked about retained earnings which increased by $60,157 and contributed capital which declined by $48,577. 72 Mr. Wischmann talked about the income statement which shows total revenues of $2,123,859 and total expenses of $2,416,438 for a net loss of $292,579. He stated that depreciation expense of $352,736 should be added back in because it is a non-cash expense, resulting in a net cash income of $60,157 which is added to retained earnings. Mr. Wischmann discussed compliance with Federal Regulations. He explained 40 Section 8 files were reviewed and one was found to have a missing lease agreement. Ms. Stromberg commented that the lease is now in the file. Mr. Wischmann stated that all other documentation was complete and the files were in excellent order. He also talked about a reportable condition he is required to report on which is the lack of segregation needed to provide complete control. He stated this is purely a condition of the small size of the HA and the finance department and is very common with small housing authorities. Ms. McGann reported that she is implementing additional means of segregation of duties. Mr. Wischmann also talked about a bank account closure not approved by the HA Board during the year. Ms. Schnitker explained that the account was inactive and not being used. Mr. Wischmann stated that in the future, all closures should be approved by the Board. Mr. Wischmann mentioned that a large amount of cash is kept in low interest bearing or non-interest bearing accounts and that Ms. McGann will be looking at other options to earn higher amounts of interest. Ms. McGann commented that she will also look at revising the investment policy and will bring it back to the Board for review. The commissioners agreed that was acceptable. Ms. Schnitker talked about the MHOP subsidy reserve account to be established by PPL for Louisiana Court according to the agreement with the HA. She explained that PPL had requested that the HA establish an account and be the escrow agent. Ms. McGann requested that the Board authorize the opening of this account. The commissioners agreed to this request. b. City Authorization of Housing and Redevelopment Authority Levy Ms. McGann explained that during a recent study session, the City council discussed the possibility of assessing a HRA levy for future redevelopment in St. Louis Park. The discussion took place due to a funding decrease that will take place for future developments due to the reduction in tax increment financing (TIF) recently passed by the state legislature. The levy would generate $440,000 annually. She explained that the City Council and the HA have the authority to enact such a levy. Commissioner Moore asked if the public would have any input into the levy. Ms. McGann stated that a levy is different from a school referendum which is voted 73 on by the residents. The levy would be assessed and added on to the property taxes. Commissioner Mavity asked why the levy is called an HRA levy, when the HA does not do redevelopment. Ms. McGann explained that HRA is what the levy is called legally but that according to the statutes, either the HA or the City Council would have the ability to assess the levy. Commissioner Mavity asked if there are specific projects in mind that the levy would be used for. Ms. Schnitker responded that no projects were currently being discussed. Commissioner Gavzy asked what the cost would be to the taxpayers. Ms. McGann responded that she could calculate the cost and report back to the Commissioners. Commissioner Courtney asked if the levy authority can be enacted by the HA or by the EDA. Ms. McGann answered that either could enact a levy; the HA, with final approval by the EDA, or the City Council in it's capacity as EDA. Commissioner Courtney responded that it would seem more appropriate if the monies were to be used for redevelopment and not housing, that the EDA would enact the levy. Ms. McGann answered that she was bringing this before the Board to make them aware this is an option available if a project would arise in the future. Commissioner Mavity asked if this levy would underwrite future or existing projects. Ms. McGann answered that the levy would probably continue to underwrite existing projects. Ms. Schnitker explained that the levy could be used for future projects also, citing a project such as Louisiana Court as an example. c. Approval of Section 8 Payment Standards Ms. Schnitker explained that staff is asking for approval to raise the payment standards for the Section 8 voucher program to 110% of fair market rents beginning October 1, 2001. Ms. Stromberg commented that the fair market rents are adjusted by HUD every year in October. She stated that the increase this year would be significant, and HUD allows the HA to set the payment standard anywhere between 90% and 110%. Ms. Stromberg said that raising the payment standard to 110% would also increase the utilization within St. Louis Park, as the new fair market rents are much closer to actual rents than ever before. Ms. Stromberg walked through some examples of payments calculations. Commissioner Moore asked if HUD allows any discretion if the rent amount is slightly over the payment standard. Ms. Stromberg responded that no discretion is allowed. 74 Commissioner Mavity moved to approve the Section 8 payment standards. Commissioner Moore seconded the motion, and the motion passed on a vote of 5- 0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. d. Housing Authority Approval of the County's Use of Affordable Housing Incentive Funds for Perspectives Inc., Resolution 495 Ms. Schnitker stated that the Hennepin County Housing and Redevelopment Authority is proposing to give $450,000 in affordable housing incentive funds to Perspectives, Inc. for the acquisition and renovation of two additional apartment buildings. They are asking the Board for permission because the units are within the jurisdiction of the HA. If approved, Perspectives will have 2 transitional housing buildings and 3 permanent housing buildings. Commissioner Mavity moved to approve Resolution No. 495 authorizing the approval of the County's Use of Affordable Housing Incentive Funds for Perspectives Inc. Commissioner Courtney seconded the motion, and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. e. Louisiana Court Redevelopment Project Update Ms. Schnitker updated the Commissioners on the Louisiana Court redevelopment project. She stated that she had recently updated the City Council on the project and focused on the cash flow shortage that Louisiana Court has been experiencing. The shortage stemmed partially from higher than anticipated heating costs. In addition, PPL failed to file for the 4d property tax classification on time, resulting in $60,000 in unanticipated property taxes. Louisiana Court also experienced higher levels of vacancy due to 50+ households who exceeded the income limits. Ms. Schnitker said that PPL is meeting all of their financial obligations and that it is anticipated that Louisiana Court will be fully occupied by year-end. She also stated that no payments have been made to the repair and maintenance reserve according to the development agreement. PPL will have all payments made to this account by mid 2002. f. Annual Election of Officers Commissioner Gavzy stated that he would be willing to serve as Chairman again for the upcoming year. Commissioner Courtney stated that she would be willing to continue as Vice Chair, but not as Vice Chairwoman. Ms. Schnitker stated that the By-laws would need to be amended to change the term to Chair and Vice Chair. Commissioner Mavity proposed to amend the By-laws to use the terms of Chair and Vice Chair. Commissioner Row stated she was willing to continue serving as Secretary. 75 Commissioner Moore moved to continue with the current officers for the next year. Commissioner Mavity seconded the motion, and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. 7. Communications from the Executive Director a. Claims List No. 08-2001 Commissioner Courtney moved ratification of Claims List No. 08-2001. Commissioner Moore seconded the motion, and the motion passed on a vote of 5- 0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. b. Communications Ms. Schnitker mentioned the National NAHRO Conference and requested that any commissioners interested should let her know. She also passed out information regarding the State NAHRO Conference in September. Commission Gavzy replied that he feels that at least one commissioner should attend the National Conference and the State Conference each year. All commissioners agreed this would be a good idea. Ms. Schnitker replied that she would budget for that in the future. Ms. Anderson mentioned two pending terminations within Public Housing. 8. Adjournment Commissioner Moore moved to adjourn the meeting at 6:46 p.m. Commissioner Row seconded the motion, and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. Respectfully submitted, ________________________ Shone Row, Secretary 76 CONSENT ITEM # 8c MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA July 11, 2001 City Hall, Westwood Room I. Call to Order Chair Ahrens called the meeting to order at 7:06 p.m. II. Introductions and Attendance It was moved by Commissioner Walsh and seconded by Commissioner Ernst to excuse the absence of the following members: Norm Kirschner, Ruth Kirschner, Dorothea Moga, and David Ornstein. MOTION PASSED UNANIMOUSLY. A. Members Present: Cynthia Ahrens, Nathan Busch, Cheryl Ernst, Brian Fiderlein, Christopher Johnson, Bryan Leary, James Schaefer, Christopher Smith, and Carol Walsh. B. Members Excused: Paul Carver, Norm Kirschner, Ruth Kirschner, Dorothea Moga, and David Ornstein. C. Members Unexcused: Mike Sixel. D. Staff and Guests Present: City Staff Liaison Clint Pires. E. Vacancies: None. However, Mr. Pires reported that Norm Kirschner, Ruth Kirschner, and Dorothea Moga had verbally indicated their intent to resign do to a combination of residency and health reasons. Letters of resignation are pending. Recruitment efforts will also begin. III. Approval of Minutes It was moved by Commissioner Smith and seconded by Commissioner Schaefer that the minutes of March 14, 2001 be approved. MOTION PASSED UNANIMOUSLY. IV. Status of Home Rule Charter Amendments Mr. Pires noted that the most recent round of Charter amendments approved by Council in March took effect on June 12. Revised copies of the Charter had also been distributed to Commission members. Mr. Pires also indicated that City staff plans to make the Charter available via the Internet in conjunction with recodification. 77 V. Status of Police Citizen Advisory Committee and Fire Civil Service Legislation Mr. Pires stated that the City Council would be giving further consideration to formation of a Police Advisory Committee at either its July 23 or August 13 study session. He also indicated that legislation enabling St. Louis Park the option to eliminate the Fire Civil Service Commission had been introduced in the House, but not in the Senate. With the 2001 legislative session over, he said it is possible that such legislation could be pursued in the 2002 session. Commissioner Schaefer suggested that consideration be given to asking other senators from neighboring communities to introduce the legislation. VI. Recodification Update / Implications for Charter Mr. Pires highlighted the memo from City Clerk Cindy Reichert, who provided an update on this project. Mr. Pires suggested that most required changes to the Charter have been made; however, it is possible that a final review will reveal a few other issues for Commission consideration. VII. 2001 Work Plan Items The major work plan item focuses on a review of the Charter. The Global Charter Review Task Force has met twice, and submitted the following topics for Commission review and discussion: A. Overall Purpose of Task Force The current Charter is generally a very workable document, as it has evolved over the years since its inception in 1954. The Task Force is charged with a review of the current St. Louis Park Charter compared to other charters, and asked to recommend any incremental improvements to the City Charter, while maintaining its general existing philosophy. B. Task Force Review Areas The Commission’s major Charter re-write occurred in the 1996-1998 time frame. Thus, Commission members have expressed a desire to not repeat that process; but rather to focus on a review of other cities’ and model charters and highlight differences that could improve St. Louis Park’s Charter in: 1. major subjects covered – to ensure the scope of the Charter is appropriate 2. formatting -- to make the Charter as understandable as possible to the general public 3. powers delegated – to ensure Council and staff’s right relationship with citizens and each other 4. language to administer charter – to ensure clarity of roles 78 These are the points (and others of significance identified by Task Force members) that should be the focus while reviewing model and sample charters from other cities. C. Task Force Members Nathan Busch, Brian Fiderlein, Dorothea Moga D. Meetings to Date May 29 and July 10, 2001 E. Major Discussion Points The overarching theme has revolved around exploring ways to encourage additional civic involvement through the Charter document. These mechanisms and text would be designed to complement exiting public processes including open houses, neighborhood meetings, commission and Council meetings. The task force respectfully submits to the Commission the following items for discussion and consideration. Where there is further Commission interest, additional research would be conducted to ensure there are no conflicts with the State Constitution: • Mission, Vision, and Values Explore where these, adopted by the City Council on August 21, 2000, could be incorporated into the Charter document. Here is the resolution adopted by Council: A RESOLUTION TO ADOPT THE VISION, MISSION AND VALUES STATEMENT FOR THE CITY OF ST. LOUIS PARK Whereas, the City Council has reviewed at it’s annual retreat with City Staff the statement of Vision, Mission and Values prepared by staff; and Whereas, these statements have been discussed with City staff by the City Manager and the Department Directors; and Whereas, the Vision statement has already been adopted by City Council as a part of the Vision St. Louis Park process; and Whereas, the City Council desires to provide guidance to City staff and to the City Council in conducting the public business, BE IT RESOLVED BY the City Council of the City of St. Louis Park: that the following Vision Statement from Vision St. Louis Park be adopted: St. Louis Park…Our Community of Choice for a Lifetime. BE IT FURTHER RESOLVED that the following mission statement be adopted to guide the actions of City Council and City staff in conducting the City’s business: Delivering responsive municipal services to ensure a safe, welcoming and vital community now and in the future. BE IT FURTHER RESOLVED that the following value statements be adopted to guide the behavior of Council and staff in dealing with the public and each other: 79 Respect - We are stewards of the public trust who treat our colleagues and those we serve courteously, openly and equitably. Contribution - We are committed to lifelong learning, personal accountability, and collaboration to ensure our best contribution to this community. Stewardship – We are responsible for our community’s human, environmental and financial resources. [Note: Charter Commission, on 07-11-2001, expressed the general feeling that the Council resolution – already adopted – is the most appropriate tool to communicate mission/vision/values, and that both staff and Council are included] • Council Vacancies Current Charter language regarding Council vacancies is as follows: Section 2.05. Vacancies in the Council. A vacancy in the Council shall be deemed to exist if any person elected thereto fails to qualify on or before the date of the second (2nd) regular meeting of the new Council. A vacancy shall also be deemed to exist due to the death, resignation, removal from office, removal from the City, removal of a Ward Councilmember from his/her ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after his/her qualification, or the failure of any Councilmember without good cause to attend any Council meeting for a period of three (3) consecutive months. In each such case, the Council shall promptly by resolution declare a vacancy of the remainder of the term and appoint an eligible person to fill the vacancy unless the vacancy occurs within ninety (90) days of the next regularly scheduled City or State election. In the latter case, the Council shall appoint an eligible person who shall serve until the following year’s regularly scheduled election. The term of the appointed person shall extend to the first (1st) regularly scheduled Council meeting of a new year following a regularly scheduled City or State election. The Council shall call a special election concurrently with the next regularly scheduled City or State election for the purpose of electing an eligible person to fill the remainder, if any, of the unexpired term created by a vacancy. The task force is asking the Commission to consider alternative language regarding Council vacancies. The goal is to ensure future on-going availability of Councilmembers to their constituents. Most charters of other cities reviewed reflect language similar to that currently in St. Louis Park’s Charter. The one exception is Minnetonka. The relevant language in Minnetonka’s Charter section 2.05 is: “…In situations which do not involve death or resignation, the council shall on its own motion declare by resolution that a vacancy exists in a council position. In addition, any 80 resident registered to vote in the city may submit a request in writing to the city clerk, asking the council to decide whether a vacancy exists in a council position and giving reasons why the person believes that a vacancy may exist. No person may submit such a request for at least 90 days after any other such request was submitted for the same council position. The council must respond to the written request within 14 days after submission to the clerk, unless a vote approved by 75% of the council members present authorizes an additional 14 days. If the council fails to act within the time required, the mayor, or acting mayor if the vacancy is alleged to exist in the office of mayor, shall have seven days within which to determine if a vacancy exists. If the council and mayor or acting mayor fail to act within the time required, a vacancy is deemed to exist...” Historically, this provision of the Minnetonka Charter has never been employed. It was included by the Charter Commission in response to a situation in another community in which it was difficult to establish a vacancy upon resignation of a councilmember. • Initiative / Referenda / Recall (IRR) Many cities include these powers in their charters. The task force felt that any use of these tools, should they ever be part of the Charter, should be used sparingly. Indeed, even in Minnesota cities where the tools do exist, they have been used very little. In Minnesota, recall can be used only in cases of malfeasance or nonfeasance. Historically, it appears that St. Louis Park has never included initiative, referenda, or recall in its charter. • Enforceability of Action The City Attorney has been asked to provide information on what laws are in place to ensure enforcement of Charter provisions. [Note: At Charter Commission, on 07-11-2001, Mr. Pires advised his understanding that judicial action requesting either an injunction or writ of mandamus constitutes enforceability – no further action requested] • Application of General Law The task force suggested that consideration be given to clarifying this. The City of Plymouth does so with the following language: “Where the City Charter is silent on a matter that is addressed for statutory cities by Minnesota Statutes Chapter 412 or other general law pertaining to the Council-Manager form of government and general law does not prohibit a city charter from addressing the matter, the City of Plymouth shall apply the general law.” [Note: At Charter Commission, on 07-11-2001, language with a similar effect in current St. Louis Park Charter was identified] 81 F. Action Based on the discussion, it was moved by Commissioner Johnson and seconded by Commissioner Leary to table the items regarding Mission/Vision/Values, Enforceability of Action, and Application of Law. For the remaining items of Council Vacancies and Initiative / Referenda / Recall (IRR), it was requested that: • All Commissioners receive this document and be invited to future Task Force meetings • Commissioner Johnson be added to the Task Force to replace Commissioner Moga • Task Force and Commission action be deliberate • Any recommendations made should attempt to discourage frivolous actions • Alternatives be identified to provide incentives for the desired outcomes • State Constitutional issues relative to any alternatives be researched at the appropriate time • Subject matter experts be identified to speak to the issues to the Task Force and/or whole Commission] MOTION PASSED UNANIMOUSLY. VIII. 50th Anniversary of Charter in 2004 Chair Ahrens indicated that the Commission should give consideration to helping lead a celebration to commemorate 50 years of being a charter city. There is plenty of time for this. IX. Meeting Schedule The Commission agreed to meet next on September 12 and November 14, 2001. X. Adjournment As there was no other business, at 8:51 p.m., Commissioner Fiderlein moved and Commissioner Schaefer seconded adjournment. MOTION PASSED UNANIMOUSLY. Respectfully submitted, Clint Pires Staff Liaison 82 CONSENT ITEM # 8d September 7, 2001 VENDOR NAME DESCRIPTION AMOUNT AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPING MATERIALS 437.98 AHLES, ALLAN FACILITY RENTALS - taxable 35.00 ALL STAR SPORTS INC MEETING EXPENSE 991.30 ALLEGREZZA, ANDREA OTHER CONTRACTUAL SERVICES 322.16 ANCHOR PAPER CO GENERAL SUPPLIES 1,650.36 ANDERSEN INC, EARL F OTHER IMPROVEMENT SUPPLIES 5,624.27 ANOKA-HENNEPIN TECHNICAL COLLE PROFESSIONAL SERVICES 500.00 APACHE GROUP OF MINNESOTA GENERAL SUPPLIES 498.68 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 898.12 ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00) AUNE, KIM OTHER CONTRACTUAL SERVICES 306.00 AVSOLUTIONS GENERAL SUPPLIES 133.80 BATTERIES PLUS GENERAL SUPPLIES (76.62) BATTERY ZONE RADIO COMMUNICATIONS 720.00 BEEKS PIZZA GENERAL SUPPLIES 33.95 BIG BELL ICE CREAM OTHER CONTRACTUAL SERVICES 86.25 BITUMINOUS ROADWAYS INC OTHER IMPROVEMENTS 10,430.00 BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 177.95 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BRYAN ROCK PRODUCTS OTHER IMPROVEMENT SUPPLIES 3,475.84 CAHNERS BUSINESS INFORMATION CLEANING/WASTE REMOVAL SERVICE 172.78 CALHOUN TOWERS APARTMENTS RADIO COMMUNICATIONS 600.00 CAMBAR GENERAL SUPPLIES 123.44 CARTRIDGE CARE EQUIPMENT MTCE SERVICE 681.25 CITY OF CRYSTAL TRAINING/CONFERENCES/SCHOOLS 297.00 COLLINS COMMUNICATIONS EQUIPMENT MTCE SERVICE 81.00 COLLISYS ELECTRIC CO PROFESSIONAL SERVICES 3,149.50 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CORCORAN LOCKER MEETING EXPENSE 318.00 CUMMINS NORTH CENTRAL INC EQUIPMENT PARTS 171.52 CURLEY, ENID CERTIFICATE OF COMPLIANCE 25.00 CUSTOM PRODUCTS & SERVICES LANDSCAPING MATERIALS 3,376.25 DALCO CLEANING/WASTE REMOVAL SUPPLY 160.46 DANIELS, SUZANNE YOUTH ATHLETICS/LEAGUES-exempt 45.00 DAYTON'S GENERAL SUPPLIES 26.61 DELEGARD TOOL CO SMALL TOOLS 289.97 DELOITTE & TOUCHE PROFESSIONAL SERVICES 1,500.00 DIAMOND VOGEL PAINTS OTHER IMPROVEMENT SUPPLIES 500.82 DIRECT SAFETY CO GENERAL SUPPLIES 259.12 DU ALL SERVICE CONTRACTORS INC OTHER CONTRACTUAL SERVICES 12,562.55 DUNDEE NURSERY LANDSCAPING MATERIALS 20.24 E & S ELECTRONICS EQUIPMENT MTCE SERVICE 171.75 E GROUP INC GENERAL SUPPLIES 2,769.20 EARTHGRAINS CONCESSION SUPPLIES 66.85 EDVENTURE CLUB AQUATIC PARK GROUP ADMIN 11.00 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 23.05 ENSR CONSULTING & ENGINEERING PROFESSIONAL SERVICES 3,433.97 EPA AUDIO VISUAL INC GENERAL SUPPLIES 1,067.65 83 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FEDERAL EXPRESS CORP POSTAGE 37.89 FRESCO INC CLEANING/WASTE REMOVAL SERVICE 92.15 G & K SERVICES CLEANING/WASTE REMOVAL SUPPLY 45.35 GARELICK STEEL CO GENERAL SUPPLIES (2.57) GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GOODYEAR BRAD RAGAN TIRE & SER TIRES 3,374.47 GRAINGER INC, W W GENERAL SUPPLIES 110.26 HAWKINS WATER TREATMENT GROUP GENERAL SUPPLIES 601.82 HOME DEPOT/GECF OTHER IMPROVEMENT SUPPLIES 489.45 HOME HARDWARE GENERAL SUPPLIES 213.71 HUMPHREY, CAROLE GENERAL SUPPLIES 20.26 HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 3,313.22 HYDROLOGIC BLDG/STRUCTURE SUPPLIES 68.46 ICI DULUX PAINT CENTERS OTHER IMPROVEMENT SUPPLIES 1,221.77 IKON OFFICE SOLUTIONS GENERAL SUPPLIES 0.00 INDELCO BLDG/STRUCTURE SUPPLIES 18.91 INST FOR FORENSIC PSYCHOLOGY PROFESSIONAL SERVICES 350.00 IOS CAPITAL RENTAL EQUIPMENT 826.44 J H LARSON COMPANY BLDG/STRUCTURE SUPPLIES 63.68 JAK TREES INC. CLEANING/WASTE REMOVAL SERVICE 19,101.58 JERRY STAMM GENERAL SUPPLIES 31.80 KELLY GREEN IRRIGATION PROFESSIONAL SERVICES 161.70 KRUGE-AIR INC. BUILDING MTCE SERVICE 795.59 LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63) LAKE MINNETONKA ATHLETIC ASSOC OTHER CONTRACTUAL SERVICES 3,680.00 LANGLOIS, CARMINE TRAINING/CONFERENCES/SCHOOLS 55.99 LAUSEN, GERALD OTHER CONTRACTUAL SERVICES 54.32 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 49.50 LEAGUE OF MN HUMAN RIGHTS COMM TRAINING/CONFERENCES/SCHOOLS 180.00 LEASE FINANCE GROUP INC OTHER CONTRACTUAL SERVICES 331.00 LENOX NEIGHBORHOOD ASSOCIATION OTHER CONTRACTUAL SERVICES 554.01 LYLE SIGNS INC OTHER IMPROVEMENT SUPPLIES 154.64 MECHANICS PARTS WHSE EQUIPMENT PARTS 18.38 MENARDS BLDG/STRUCTURE SUPPLIES 94.40 MESKAN, LEONARD TREE MAINTENANCE 157.51 METRO WATER CONDITIONING INC OTHER IMPROVEMENT SUPPLIES 530.05 METROCALL TELEPHONE 506.95 MIDWEST ASPHALT CORP OTHER IMPROVEMENT SUPPLIES 11,023.43 MINUTEMAN PRESS PRINTING & PUBLISHING 700.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MOTOROLA RADIO COMMUNICATIONS 96.60 MTI DISTRIBUTING CO GENERAL SUPPLIES 118.87 NELSON, MARK R. TRAINING/CONFERENCES/SCHOOLS 54.57 NORTHLAND ELECTRIC SUPPLY CO GENERAL SUPPLIES 108.23 NOVARTIS NUTRITION CORP. GENERAL CUSTOMERS 14,081.16 NSP CO ELECTRIC SERVICE 206.54 OFFICE DEPOT PROFESSIONAL SERVICES 442.00 OFFICE TEAM PROFESSIONAL SERVICES 685.15 ON SITE SANITATION OTHER CONTRACTUAL SERVICES 25.33 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PARTS PLUS EQUIPMENT PARTS 8.76 84 PIRTEK PLYMOUTH EQUIPMENT MTCE SERVICE 476.64 PLANT DISEASE CLINIC CLEANING/WASTE REMOVAL SERVICE 20.00 PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 73.72 PRESTIGE LINCOLN MERCURY EQUIPMENT PARTS 148.33 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) RABINE, PAULA AQUATIC PARK SEASON TICKETS 34.00 RIGID HITCH INCORPORATED EQUIPMENT PARTS (55.35) SALLY DISTRIBUTERS GENERAL SUPPLIES 433.08 SAVOIE SUPPLY CO INC GENERAL SUPPLIES 626.21 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SCHOELL & MADSON INC PROFESSIONAL SERVICES 602.00 SCHROEDER SPORTS, LCBS GENERAL SUPPLIES 209.71 SEDGWICK CMS PROF/CONSULT SERVICES 3,488.50 SEMPLE EXCAVATING & TRUCKING PROFESSIONAL SERVICES 4,200.00 SHADYWOOD TREE EXPERTS CLEANING/WASTE REMOVAL SERVICE 2,556.00 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SPS COMPANIES INC BLDG/STRUCTURE SUPPLIES 24.12 STA INC MEETING EXPENSE 100.00 STATE OF MINNESOTA PROFESSIONAL SERVICES 9.50 STRENCH, STANFORD MERCHANDISE PURCH FOR RESALE 7.00 STS CONSULTANTS LTD OTHER CONTRACTUAL SERVICES 1,398.88 SUBURBAN PROPANE MOTOR FUELS 67.22 SUBURBAN TIRE CO TIRES 206.75 SUN NEWSPAPERS LEGAL NOTICES 482.62 SWEENEY BROS TRACTOR EQUIPMENT PARTS (138.42) SYMPHONY INFORMATION SERVICES OFFICE FURNITURE & EQUIPMENT 2,975.00 THELEN, REBECCA OTHER CONTRACTUAL SERVICES 211.91 TIERNEY BROTHERS INC GENERAL SUPPLIES 107.86 TWIN CITY OPTICAL CO TREE MAINTENANCE (12.86) U S WEST COMMUNICATIONS TELEPHONE 34.04 UNITED SUPPLY CORPORATION EQUIPMENT PARTS 463.91 UNIVERSITY OF MINNESOTA TRAINING/CONFERENCES/SCHOOLS 1,050.00 VAUGHAN, JIM TRAINING/CONFERENCES/SCHOOLS 677.93 VOELKER, STACY M STUDY INCENTIVE & MERIT PAY 188.76 WALSER FORD EQUIPMENT PARTS 197.36 WATSON CO INC CONCESSION SUPPLIES 684.70 WELLS FARGO REMITTANCE CTR TRAINING/CONFERENCES/SCHOOLS 543.90 WHEELER HARDWARE GENERAL SUPPLIES 159.75 WHEELER LUMBER OPERATIONS OTHER IMPROVEMENT SUPPLIES 421.69 WM H MC COY PETROLEUM FUELS OTHER IMPROVEMENT SUPPLIES 12.78 YACKLE, JANET CERTIFICATE OF COMPLIANCE 25.00 ZEE MEDICAL SERVICE GENERAL SUPPLIES 10.01 ZEP MANUFACTURING GENERAL SUPPLIES 256.10 ZIEGLER INC MACHINERY & AUTO EQUIPMENT 151,647.63 ZIP PRINTING PRINTING & PUBLISHING 23.80 ZIP SORT OTHER CONTRACTUAL SERVICES 919.90 297,732.41 September 14, 2001 VENDOR NAME DESCRIPTION AMOUNT A W W A TRAINING/CONFERENCES/SCHOOLS 130.00 85 ADVANCED STATE SECURITY EQUIPMENT MTCE SERVICE 126.75 AIRTOUCH CELLULAR TELEPHONE 2,813.41 ALLIANCE MECHANICAL SERVICES I BUILDING MTCE SERVICE 446.00 ALLIED BLACKTOP CO OTHER IMPROVEMENT SERVICE 75,390.93 APACHE GROUP OF MINNESOTA GENERAL SUPPLIES 689.05 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 818.00 ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00) AUTOMATIC GARAGE DOOR CO BUILDING MTCE SERVICE 104.95 BACHMANS LANDSCAPING MATERIALS 619.77 BATTERIES PLUS GENERAL SUPPLIES (48.50) BEARCOM RADIO COMMUNICATIONS 375.00 BERNDT ELECTRIC SERVICE BUILDING MTCE SERVICE 581.75 BETH HOLIDA GENERAL SUPPLIES 141.20 BIRNO, RICK TELEPHONE 134.80 BONDE, ROBERT CERTIFICATE OF COMPLIANCE 25.00 BOY SCOUT TROOP #369 UNREALIZED GRANT REVENUE 700.00 BRENDA NELSON MEETING EXPENSE 77.00 BRO TEX INC GENERAL SUPPLIES 119.43 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BRUNSWICK EDEN PRAIRIE LANES OTHER CONTRACTUAL SERVICES 450.00 CAPITOL COMMUNICATIONS EQUIPMENT MTCE SERVICE 43.79 CENTURY COLLEGE CONTINUING EDU MEETING EXPENSE 545.00 CITY OF ST. LOUIS PARK SCHOLAR UNREALIZED GRANT REVENUE 1,500.00 COLICH & ASSOCIATES LEGAL SERVICES 8,462.87 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CONGRESS FOR NEW URBANISM SUBSCRIPTIONS/MEMBERSHIPS 150.00 CREATIVE PLAY UNREALIZED GRANT REVENUE 750.00 CUB FOODS TRAINING/CONFERENCES/SCHOOLS 244.48 CUB SCOUT PACK 225 UNREALIZED GRANT REVENUE 600.00 CUMMINS ALLISON CORP EQUIPMENT MTCE SERVICE 232.80 DALSIN & SON INC, JOHN A BUILDING MTCE SERVICE 635.00 DAMON FARBER ASSOC OTHER CONTRACTUAL SERVICES 20,497.50 DIAMOND VOGEL PAINTS OTHER IMPROVEMENT SUPPLIES 472.01 DTN CORPORATION GENERAL SUPPLIES 908.28 EARTHGRAINS GENERAL SUPPLIES 86.57 ELECTRIC PUMP WALDOR GROUP EQUIPMENT MTCE SERVICE 1,689.10 F.F. JEDLICKI INC. OTHER IMPROVEMENTS 53,716.80 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FASTENAL COMPANY EQUIPMENT PARTS 7.19 FEDERAL EXPRESS CORP PROFESSIONAL SERVICES 1,642.71 FIRE INSTRUCTORS ASSN OF MINN TRAINING/CONFERENCES/SCHOOLS 292.61 FRANKLIN COVEY OFFICE SUPPLIES 26.20 G & K SERVICES CLEANING/WASTE REMOVAL SUPPLY 67.31 GARELICK STEEL CO GENERAL SUPPLIES (2.57) GARY COLLYARD & VALERIE LENNON CERTIFICATE OF COMPLIANCE 25.00 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GOULD, ANDREA YOUTH ATHLETICS/LEAGUES-exempt 22.50 HANNAY ELECTRIC CERTIFICATE OF COMPLIANCE 35.20 HANSON CONCRETE PRODUCTS INC OTHER IMPROVEMENT SERVICE 300.63 HAWKINS WATER TREATMENT GROUP CLEANING/WASTE REMOVAL SUPPLY 1,601.88 HEALY MFG INC GENERAL SUPPLIES 315.45 86 HENNEPIN COUNTY TREASURER CLEANING/WASTE REMOVAL SERVICE 7,786.05 HIGHVIEW PLUMBING INC OTHER IMPROVEMENT SERVICE 1,445.12 HIRSHFIELDS BLDG/STRUCTURE SUPPLIES 94.92 HOME HARDWARE GENERAL SUPPLIES 26.36 HUBER, JASON STUDY INCENTIVE & MERIT PAY 180.60 HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 10,791.21 IKON OFFICE SOLUTIONS GENERAL SUPPLIES 54.00 INDEPENDENT SCHOOL DIST #283 UNREALIZED GRANT REVENUE 1,500.00 INTERNATIONAL CITY/CTY MGMT AS OTHER ADVERTISING 400.00 INTOXIMETERS INC EQUIPMENT MTCE SERVICE 259.48 INVER HILLS COMMUNITY COLLEGE TRAINING/CONFERENCES/SCHOOLS 895.00 IOS CAPITAL RENTAL EQUIPMENT 193.83 ISD 283 COMMUNITY ED UNREALIZED GRANT REVENUE 1,750.00 J H LARSON COMPANY OTHER IMPROVEMENT SUPPLIES 28.11 KASSA CONSTRUCTION, RON OTHER IMPROVEMENTS 25,530.12 KLEVEN, GAYLE YOUTH ATHLETICS/LEAGUES-exempt 22.05 LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63) LAKELAND ENGINEERING EQUIPMENT EQUIPMENT PARTS 206.40 LANGEFELS, DOUGLAS GENERAL SUPPLIES 96.69 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 57,278.25 LEASE FINANCE GROUP INC OTHER CONTRACTUAL SERVICES 315.24 LIDEN, MARLYS CERTIFICATE OF COMPLIANCE 25.00 LUMA SALES ASSOCIATES OTHER IMPROVEMENT SUPPLIES 1,962.65 MANAGED SERVICES INC EQUIPMENT MTCE SERVICE 1,796.63 MARSHALL & SWIFT SUBSCRIPTIONS/MEMBERSHIPS 430.90 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 1,233.75 MENARDS GENERAL SUPPLIES 19.34 METRO FIRE INC GENERAL SUPPLIES 292.96 METRO SYSTEMS NON-CAPITAL EQUIPMENT 280.86 METROCALL TELEPHONE 53.19 MIDWEST ASPHALT CORP OTHER IMPROVEMENT SUPPLIES 149.45 MINN DEPT OF ADMINISTRATION TELEPHONE 4,736.27 MINUTEMAN PRESS OFFICE SUPPLIES 38.00 MN DEPT OF HEALTH OTHER CONTRACTUAL SERVICES 17,693.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MN FALL MAINTENANCE EXPO TRAINING/CONFERENCES/SCHOOLS 335.00 MN PIPE & EQUIPMENT OTHER IMPROVEMENT SUPPLIES 180.67 MORSMAN, JEFFREY CERTIFICATE OF COMPLIANCE 25.00 NAPA GENUINE PARTS CO/FINANCE BLDG/STRUCTURE SUPPLIES 173.07 NEENAH FOUNDREY OTHER IMPROVEMENT SERVICE 64.97 NEW URBAN NEWS SUBSCRIPTIONS/MEMBERSHIPS 69.00 NORTHSTAR CHAPTER MEETING EXPENSE 150.00 NSP CO ELECTRIC SERVICE 21,662.58 OFFICE DEPOT OFFICE SUPPLIES 669.18 OFFICE MAX GENERAL SUPPLIES 9.58 OFFICE TEAM PROFESSIONAL SERVICES 8,323.75 OSBORN, PHUNG & TED CERTIFICATE OF COMPLIANCE 25.00 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) OXYGEN SERVICE COMPANY INC. NON-CAPITAL EQUIPMENT 566.05 PALM BROTHERS EQUIPMENT MTCE SERVICE 398.83 PALMS BAKERY MEETING EXPENSE 55.42 PARK PET HOSPITAL OTHER CONTRACTUAL SERVICES 638.00 87 PARK SPANISH IMMERSION UNREALIZED GRANT REVENUE 600.00 PEPSI-COLA COMPANY CONCESSION SUPPLIES (15.89) PERA POLICE RETIREMENT ASSOC PERA - POLICE RELIEF 275.57 POSTMASTER POSTAGE 2,895.00 PRECISION BUSINESS SYSTEMS INC NON-CAPITAL EQUIPMENT 2,270.42 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) QUILL CORPORATION OFFICE SUPPLIES 69.92 RELIANT ENERGY HEATING GAS 3,586.94 RIGID HITCH INCORPORATED EQUIPMENT PARTS (55.35) RILEY, BERNIE GENERAL SUPPLIES 62.79 ROSEN, LAYNE REC CENTER RENTAL-TAXABLE 30.00 SA-AG INC OTHER IMPROVEMENT SUPPLIES 440.19 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SCHMAUS, STEPHANIE YOUTH ATHLETICS/LEAGUES-exempt 81.00 SCHROEDER SPORTS, LCBS GENERAL SUPPLIES 506.87 SCHWIETZ,JULIANNE OTHER CONTRACTUAL SERVICES 1,364.10 SENSIBLE LAND USE COALITION TRAINING/CONFERENCES/SCHOOLS 30.00 SIEGEL DISPLAY PRODUCTS GENERAL SUPPLIES 237.52 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SNAP-ON INDUSTRIAL SMALL TOOLS 258.34 SPS COMPANIES INC OTHER IMPROVEMENT SUPPLIES 6.19 ST LOUIS PARK DOLLARS FOR SCHO UNREALIZED GRANT REVENUE 1,000.00 ST LOUIS PARK HS FOOTBALL OTHER CONTRACTUAL SERVICES 700.00 STAR TRIBUNE OTHER ADVERTISING 2,081.67 STATE TREASURER STATE SURCHARGE PAYABLE 4,795.88 STEPHANSEN, CHRISTINE UNREALIZED GRANT REVENUE 500.00 STREICHER'S GENERAL SUPPLIES 126.74 SUBURBAN PROPANE MOTOR FUELS 23.48 SUN NEWSPAPERS LEGAL NOTICES 95.95 SWEENEY BROS TRACTOR EQUIPMENT PARTS (138.42) TARGET/DAYTONS GENERAL SUPPLIES 10.48 TECHA GRAPHICS GENERAL SUPPLIES 267.32 THOMAS & SONS CONST OTHER IMPROVEMENTS 26,759.59 TKDA PROFESSIONAL SERVICES 162.08 TROPHIES BY LINDA GENERAL SUPPLIES 106.50 TWIN CITY OPTICAL CO TREE MAINTENANCE 304.97 UNIFORMS UNLIMITED GENERAL SUPPLIES 5,049.36 USA BLUE BOOK OTHER IMPROVEMENT SERVICE 115.13 VIEAU, DURELL STUDY INCENTIVE & MERIT PAY 2,208.41 VIKING INDUSTRIAL CENTER GENERAL SUPPLIES 1,095.21 VIKING OFFICE PRODUCTS OFFICE SUPPLIES 65.76 VOPAK USA INC PROFESSIONAL SERVICES 4,320.27 WALDOR PUMP & EQUIPMENT CO. EQUIPMENT MTCE SERVICE 253.57 WATSON CO INC CONCESSION SUPPLIES 111.00 WAYSIDE HOUSE INC UNREALIZED GRANT REVENUE 800.00 WESTSIDE 4-H CLUB UNREALIZED GRANT REVENUE 300.00 WORKERS' COMP REINSURANCE ASSO WORKERS COMPENSATION INSURANCE 4,405.24 WW GRAINGER INC GENERAL SUPPLIES 100.02 416,898.58 September 21, 2001 88 VENDOR NAME DESCRIPTION AMOUNT ADVANCED BAR CODE SOLUTION INC GENERAL SUPPLIES 200.62 ALBRECHT MARY STUDY INCENTIVE & MERIT PAY 406.80 ALMSTEAD'S SUPERVALU CONCESSION SUPPLIES 106.09 ANCHOR PAPER CO GENERAL SUPPLIES 38.50 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 350.15 ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00) ASPEN EQUIPMENT COMPANY EQUIPMENT MTCE SERVICE 1,148.00 BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 424.55 BOYER TRUCK PARTS EQUIPMENT PARTS 558.06 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BRONX PARK NEIGHBORHOOD ASSOCI OTHER CONTRACTUAL SERVICES 304.51 BURNETT, BETH & MORLEY GENERAL SUPPLIES 196.80 BUZZ TOOL & DIE CO EQUIPMENT MTCE SERVICE 70.00 BYRD, PORTIA OTHER CONTRACTUAL SERVICES 50.00 CAHNERS BUSINESS INFORMATION PRINTING & PUBLISHING 270.58 CAMBAR GENERAL SUPPLIES 175.17 CAMPBELL KNUTSON PROFESSIONAL LEGAL SERVICES 1,398.51 CAMPBELL, MARY OTHER CONTRACTUAL SERVICES 272.34 CAPITOL COMMUNICATIONS EQUIPMENT MTCE SERVICE 59.77 CARTRIDGE CARE EQUIPMENT MTCE SERVICE 609.55 CED SUBSCRIPTIONS/MEMBERSHIPS 54.00 CITY OF CRYSTAL TRAINING/CONFERENCES/SCHOOLS 33.00 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CROWN TROPHY GENERAL SUPPLIES 241.45 CUMMINS NORTH CENTRAL INC EQUIPMENT MTCE SERVICE 228.07 DIVERSIFIED INSPECTIONS INC PROFESSIONAL SERVICES 999.90 DOCK RITE INC BUILDINGS & STRUCTURES 120.00 E & S ELECTRONICS EQUIPMENT MTCE SERVICE 436.14 E GROUP INC GENERAL SUPPLIES 572.00 EARTHGRAINS CONCESSION SUPPLIES 137.61 ED M. FELD EQUIPMENT CO. GENERAL SUPPLIES 444.00 EHLERS & ASSOCIATES INC PROFESSIONAL SERVICES 187.50 ELECTRIC DESIGN COMPANY EQUIPMENT MTCE SERVICE 1,212.44 EMERGENCY APPARATUS MTNCE EQUIPMENT MTCE SERVICE 2,934.25 ENGELMAN,CHERYL MILEAGE-PERSONAL CAR 183.89 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 93.63 ERDMAN, KATIE MILEAGE-PERSONAL CAR 16.97 ERV'S LAWN MOWER REPAIR EQUIPMENT PARTS 90.42 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) GARDNER HARDWARE BLDG/STRUCTURE SUPPLIES 517.59 GARELICK STEEL CO GENERAL SUPPLIES (2.57) GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GRAINGER INC, W W BLDG/STRUCTURE SUPPLIES 120.80 HALLBERG MARINE INC GENERAL SUPPLIES 719.21 HASLERUD, CARRIE CONCESSION SUPPLIES 75.90 HAWKINS WATER TREATMENT GROUP GENERAL SUPPLIES 6,007.29 HENN CO INFORMATION TECHNOLOGY COMPUTER SERVICES 433.19 HENNEPIN COUNTY TREASURER SUBSISTENCE SERVICE 4,049.50 HOME DEPOT OTHER IMPROVEMENT SUPPLIES 165.79 HOME DEPOT/GECF GENERAL SUPPLIES 289.52 89 HUIRAS, SHIRLEY GENERAL SUPPLIES 251.13 IKON OFFICE SOLUTIONS EQUIPMENT MTCE SERVICE 96.23 INVER HILLS COMMUNITY COLLEGE TRAINING/CONFERENCES/SCHOOLS 895.00 IOS CAPITAL RENTAL EQUIPMENT 686.93 J-CRAFT INC. EQUIPMENT PARTS 204.83 KELLY GREEN IRRIGATION PROFESSIONAL SERVICES 1,338.29 KENNEDY & GRAVEN LEGAL SERVICES 130.64 KRZESOWIAK, SARAH MEETING EXPENSE 42.57 LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63) LEAGUE MN CITIES INS TRUST PUBLIC LIABILITY INSURANCE 60,578.25 LOGIS COMPUTER SERVICES 36,700.97 MACQUEEN EQUIP CO EQUIPMENT PARTS 138.45 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 768.75 MC HUGH, JOHN T OTHER CONTRACTUAL SERVICES 68.04 MENARDS BUILDINGS & STRUCTURES 59.00 MIDWEST MAILING SYSTEMS INC POSTAGE 58.70 MINNESOTA INSTITUTE LEGAL EDUC TRAINING/CONFERENCES/SCHOOLS 145.00 MINNESOTA THUNDER PRO SOCCER FACILITY RENTALS - taxable 100.00 MINUTEMAN PRESS OFFICE SUPPLIES 44.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MOBILE RADIO ENGINEERING EQUIPMENT PARTS 94.79 MULCAHY CO INC, BERNARD J BLDG/STRUCTURE SUPPLIES 617.70 NAPA GENUINE PARTS CO/FINANCE EQUIPMENT PARTS 399.04 NORTHERN WATER TREATING CO GENERAL SUPPLIES 17.15 NORTHLAND CHEMICAL CORP GENERAL SUPPLIES 56.46 NSP CO ELECTRIC SERVICE 52,871.84 OFFICE DEPOT OFFICE SUPPLIES 590.71 ON SITE SANITATION OTHER CONTRACTUAL SERVICES 270.63 OPERATING ENGINEERS TRAINING TRAINING/CONFERENCES/SCHOOLS 300.00 ORONO KARE FOR KIDS AQUATIC PARK GROUP ADMIN 137.50 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PC SOLUTIONS INC. EQUIPMENT MTCE SERVICE 184.41 PETERSON, DEB OTHER CONTRACTUAL SERVICES 60.00 PIONEER RIM & WHEEL CO EQUIPMENT PARTS 120.13 PLAYWORKS AQUATIC PARK GROUP ADMIN 44.00 PRINTERS SERVICE EQUIPMENT MTCE SERVICE 84.90 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) RANDY'S SANITATION INC GARBAGE/REFUSE SERVICE 2,623.30 REMACKEL WELDING & MFG. NON-CAPITAL EQUIPMENT 1,541.00 RIGID HITCH INCORPORATED EQUIPMENT PARTS (55.35) ROBYN JACOBS-SPAULDING GENERAL SUPPLIES 40.63 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SCHROEDER SPORTS LCBS GENERAL SUPPLIES 1,322.63 SCHWAAB INC GENERAL SUPPLIES 511.50 SECURITYLINK FROM AMERITECH OTHER CONTRACTUAL SERVICES 36.10 SHARE, JOHN & JO ANN OTHER CONTRACTUAL SERVICES 51.00 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SOUTHDALE YMCA AQUATIC PARK GROUP ADMIN 87.50 SPS COMPANIES INC OTHER IMPROVEMENT SUPPLIES 109.62 ST. LOUIS PARK CARDINALS FACILITY RENTALS - taxable 100.00 STREICHER'S EQUIPMENT MTCE SERVICE 1,459.15 STROTH, NANCY MILEAGE-PERSONAL CAR 20.70 90 SUBURBAN PROPANE MOTOR FUELS 67.22 SUBURBAN TIRE CO TIRES 133.30 SWEENEY BROS TRACTOR EQUIPMENT PARTS (138.42) TENNANT BLDG/STRUCTURE SUPPLIES 2,584.85 TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 52.18 TWIN CITY OPTICAL CO TREE MAINTENANCE (12.86) UNIVERSITY OF MINNESOTA TRAINING/CONFERENCES/SCHOOLS 20.00 VIDEOMAKER SUBSCRIPTIONS/MEMBERSHIPS 18.97 VIKING BUSINESS INTERIORS INC NON-CAPITAL EQUIPMENT 94.79 VISIONARY SYSTEMS LTD EQUIPMENT MTCE SERVICE 1,160.00 VOLUNTEER FIREMAN'S BENEFIT AS OTHER INSURANCE BENEFITS 855.00 WALSER FORD EQUIPMENT PARTS 151.71 WATSON CO INC CONCESSION SUPPLIES 1,375.66 WEBSTER, ERIC BUILDING PERMIT 128.37 WELLS FARGO REMITTANCE CTR TRAINING/CONFERENCES/SCHOOLS 7,776.58 WIRED SUBSCRIPTIONS/MEMBERSHIPS 12.00 WM H MC COY PETROLEUM FUELS GENERAL SUPPLIES 25.56 YMCA CAMP IHDUHAPI OTHER CONTRACTUAL SERVICES 208.00 ZIMMERMAN, JEAN OTHER CONTRACTUAL SERVICES 41.25 ZIP PRINTING GENERAL SUPPLIES 9.59 ZIP SORT POSTAGE 291.99 207,021.43