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HomeMy WebLinkAbout2014/10/20 - ADMIN - Agenda Packets - City Council - Regular AGENDA OCTOBER 20, 2014 6:45 p.m. SPECIAL STUDY SESSION – Westwood Room Discussion Items 6:45 p.m. 40th Street and France Avenue Property Update (Verbal Update) 7:00 p.m. CLOSED EXECUTIVE SESSION – Westwood Room Discussion Items 1. 7:00 p.m. Closed meeting with the city attorney to discuss pending condemnation action involving Clear Channel parcels at Hwy 7 and Louisiana and to consider offer for purchase of the Clear Channel parcels. 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donations 3. Approval of Minutes 3a. Study Session Minutes September 22, 2014 3b. Joint City Council/School Board Meeting Minutes September 29, 2014 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions -- None 6. Public Hearings 6a. Yami Yami On-Sale Wine and 3.2% Malt Liquor License Recommended Action: Mayor to close public hearing. Motion to approve application from J & R Inc., doing business as Yami Yami, for an On-Sale Wine and 3.2 Malt Liquor License located at 4712 Excelsior Boulevard, for a license term through March 1, 2015. 6b. Bonefish Grill – On Sale Intoxicating and Sunday Sale Liquor License Recommended Action: Mayor to close public hearing. Motion to approve application from Bonefish Grill, LLC; dba Bonefish Grill, for an on sale intoxicating and Sunday sale liquor license located at 1607 West End Boulevard with the license term through March 1, 2015. Meeting of October 20, 2014 City Council Agenda 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. 6c. Assessment of Delinquent Charges Recommended Action: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to Adopt Resolution to assess delinquent water, sewer, storm water, refuse, abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges. 6d. Public Hearing and First Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corp. Recommended Action: Mayor to open the public hearing, solicit comments, and to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on CenterPoint Energy Resources Corp. and set second reading for November 3, 2014. 6e. Public Hearing and First Reading of an Ordinance Imposing a Franchise Fee on Northern States Power Company (D/B/A Xcel Energy) Recommended Action: Mayor to open the public hearing, solicit comments, and to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on Xcel Energy and set second reading for November 3, 2014. 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Adoption of 2015 Utility Rates Recommended Action: Motion to Adopt Resolution setting the 2015 Utility Rates. 8b. Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership Recommended Action: Motion to Adopt Resolution approving the Conditional Use Permits for NLD 394 LLC for a new Kia Dealership, with conditions as recommended by staff and the Planning Commission. 8c. Business Park Zoning Amendments Recommended Action: Motion to approve the first reading of an ordinance amending the Business Park zoning district, and set second reading for November 3, 2014. 8d. First Reading of Snow Removal Program Ordinance Recommended Action: Motion to Approve First Reading of Ordinance amending the St. Louis Park Code of Ordinances Section 30-158 relating to Snow Removal Program; and to set Second Reading for November 3, 2014. 8e. 2015 Employer Benefits Contribution Recommended Action: Motion to Approve Resolution establishing the 2015 employer benefits contribution. 9. Communications -- None Meeting of October 20, 2014 City Council Agenda CONSENT CALENDAR 4a. Approve Second Reading and Adopt Ordinance establishing fees for 2015 as outlined in Appendix A of the City Code of Ordinances; and to approve the summary ordinance for publication. 4b. Approve a Temporary On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion Post 282, 5605 36th St. W. in St. Louis Park, for a social event to be held November 1, 2014, during the hours of 3:00 to 11:00 p.m. in the parking lot at the American Legion. 4c. Approve Second Reading and Adopt Ordinance for addition of Section 6-71. Construction Management Plan to Chapter 6 of the City Code of Ordinances effective November 15, 2014 and approve summary ordinance for publication on October 31, 2014. 4d. Adopt Resolution approving acceptance of a $1,700 donation from Randy May for the purchase and installation of a metal bench in Elie Park honoring Virginia May. 4e. Adopt Resolution approving a Wellness Incentive for benefit earning staff for 2015. 4f. Adopt Resolution accepting a donation of $10,065 to the St. Louis Park Fire Department from Step One Foods for nutritional products and services to improve the health and wellness of firefighters. 4g. Adopt Resolution authorizing final payment in the amount of $6,412.12 for the 2013 Random Concrete Repair Project with Thomas & Sons Construction, Inc. - Project Nos. 2013-0003, 0004, and 0006, City Contract No. 34-13. 4h. Adopt Resolution authorizing installation of permit parking restrictions at 2940 Salem Avenue. 4i. Adopt Resolution rescinding the paragraph documented within Resolution No. 3681 for the existing “No Parking 8 a.m. to 6 p.m. Monday thru Friday” on the east side of Princeton Avenue from W. 29th Street south to the east-west alley. 4j. Adopt Resolution rescinding the paragraph documented within Resolution No. 87-104 for the existing No Parking Anytime along the entire length of Decatur Avenue including the cul-de-sac. It is requested that parking restrictions be modified to allow on-street parking along the east side of Phillips Parkway, previously Decatur Avenue, from the Service Road south of W. 36th Street south to the parking lot access north of the cul-de-sac. 4k. Adopt Resolution to add Paid-On-Call Firefighters as eligible for the Employee Service Recognition and Departing Employee Recognition programs in the Personnel Manual. 4l. Approve for filing Environment and Sustainability Commission: Sustainable SLP Minutes of September 3, 2014 St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: City Council Closed Executive Session Meeting Date: October 20, 2014 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Closed meeting with the city attorney to discuss pending condemnation action involving Clear Channel parcels at Hwy 7 and Louisiana and to consider offer for purchase of the Clear Channel parcels. RECOMMENDED ACTION: None at this time. POLICY CONSIDERATION: None at this time. SUMMARY: In order to facilitate the construction of the Hwy 7 and Louisiana Ave. grade separation project certain private property needed to be acquired. This discussion will focus on property which needs to be acquired from Clear Channel. FINANCIAL OR BUDGET CONSIDERATION: Not applicable at this time. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Tom Harmening, City Manager Meeting: City Council Meeting Date: October 20, 2014 Presentation: 2a EXECUTIVE SUMMARY TITLE: Recognition of Donations RECOMMENDED ACTION: Mayor to announce and give thanks and appreciation for the following donation being accepted at the meeting and listed on the Consent Agenda: From Amount For Randy May $1,700 Purchase and installation of a metal bench in Elie Park honoring Virginia May. Step One Foods $10,065 Nutritional products and services to improve the health and wellness of firefighters Prepared by: Debbie Fischer, Office Assistant Approved by: Nancy Deno, Deputy City Manager/HR Director Meeting: City Council Meeting Date: October 20, 2014 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 22, 2014 The meeting convened at 6:34 p.m. Councilmembers present: Mayor Pro Tem Steve Hallfin, Tim Brausen, Gregg Lindberg, Anne Mavity, Susan Sanger, and Jake Spano (arrived at 6:46 p.m.). Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Director of Inspections (Mr. Hoffman), Director of Engineering (Ms. Heiser), Senior Engineering Project Manager (Mr. Sullivan), Inspection Services Manager (Ms. Boettcher), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – October 6 and October 13, 2014 Mr. Harmening presented the proposed special study session agenda for October 6th and the proposed study session agenda for October 13th. Councilmember Mavity requested that Council have a discussion about the City being responsible for plowing the 28th Street sidewalk and suggested this topic be included in the October 6th special study session if appropriate. Mr. Harmening stated that the 28th Street sidewalk would be discussed this fall as part of Council’s discussion regarding community and neighborhood sidewalks. Councilmember Brausen stated he was contacted by a resident about enacting a bee friendly ordinance similar to the ordinance recently enacted by the City of Mounds View. He advised that City staff informed him that the City is already doing most of the items contained in the Mounds View ordinance. He requested that this item be added to a future study session agenda with the intent to raise visibility of the issue and point out the positive things the City is doing with respect to bees. He stated he attended the Midwest Regional Convening on Climate Resilience and requested that Council schedule a study session discussion regarding climate change in the next couple of months. Councilmember Sanger requested that Council schedule a study session discussion regarding the City’s aging infrastructure and what the City is doing to proactively address the issue. Mr. Harmening advised that the infrastructure discussion will tie in to Council’s discussion in October regarding the CIP. 2. City Hall Second and Third Floor Remodeling Project Mr. Hoffman presented the staff report and cost estimate for the second and third floor remodeling project. He also presented the preliminary second floor plan and advised that the remodeling plans include modular walls similar to the first floor that are made from recycled materials and create a much more open environment. City Council Meeting of October 20, 2014 (Item No. 3a) Page 2 Title: Study Session Meeting Minutes September 22, 2014 Councilmember Mavity asked if fiber optic has been run throughout the building. Mr. Hoffman stated that the plans include upgrading and rewiring the cabling similar to what was done during the first floor remodeling and agreed to further discuss this with Mr. Pires. He presented the preliminary third floor plan and advised that the Westwood Room and Council Chambers will not be remodeled at this time. Councilmember Spano stated he felt the Council Chambers was dated and was interested in having a discussion in the future about updating the Council Chambers. Councilmember Mavity agreed and suggested that the City consider some low cost updates to the Council Chambers at this time, e.g., updated lighting or painting. Mr. Harmening agreed to consider what low cost upgrades might be available for the Council Chambers. Mr. Hoffman advised that the City intends to reuse whatever furniture it can and staff has learned that there are companies that will take the furniture for recycling and this is the most economical and efficient way to get rid of the furniture. Councilmember Sanger stated that some of the City’s nonprofits might be happy to have some of the furniture and urged the City to inform the City’s nonprofits that the furniture is available. It was the consensus of the City Council to direct staff to proceed with the proposed plan to remodel the second and third floors of City Hall. 3. Connect the Park! Plan Amendments Ms. Heiser presented the staff report. Councilmember Sanger stated the City has started receiving requests from the Lake Forest neighborhood for a sidewalk. She felt that if enough residents were asking for a sidewalk in a particular location, the City should make it part of the system even if it does not fully connect to the grid today. Councilmember Lindberg felt there was a lot of equity in the robust public process that resulted in the Connect the Park! Plan but was concerned about the addition of larger segments such as Lake Forest and the potential for these conversations becoming plan creep to what has already been thoroughly vetted by the entire community and balancing that with increased costs of adding segments in the ten year plan. Councilmember Mavity indicated that previous councilmembers were not overly supportive of certain sidewalk segments so some of these segments did not emerge as a priority, adding it was her understanding that the same approach was used with Lake Forest and the neighborhood indicated they did not want the sidewalks. Councilmember Spano stated that a gap is considered a section of sidewalk that is missing on a continuous street block directly adjacent to a Connect the Park! sidewalk segment and requested City Council Meeting of October 20, 2014 (Item No. 3a) Page 3 Title: Study Session Meeting Minutes September 22, 2014 that Council consider this criteria more broadly, adding that he felt the one block criteria seemed arbitrary. Mr. Harmening stated the public process is the centerpiece of the Connect the Park! Plan and if residents in a particular neighborhood want a sidewalk, staff would bring the request to Council for a decision. Councilmember Mavity suggested that staff compile the sidewalk requests and have the requests reviewed by Council once per year so that staff can plan the public process for those requests more efficiently. Councilmember Lindberg was concerned about well-organized neighborhoods getting Council’s attention while the needs of other less organized neighborhoods with similar priorities are not met and urged Council to figure out a way to address this potential inequity. Mr. Harmening requested input from Council regarding the notification process and who gets invited to the neighborhood meetings. Councilmember Mavity stated that during the initial phase of the plan the City notified only impacted homeowners and this was perceived by some that the City was only talking to impacted homeowners and she felt this skewed the entire conversation and wanted to make sure that the entire community was invited to participate and not just impacted homeowners. Councilmember Spano agreed that the City should invite more than just the impacted homeowners and should use wider outreach to those in the walkshed. He also agreed that Council should consider sidewalk requests once per year unless the Engineering Department needs to discuss an unusual request with Council, e.g., the 42nd Street sidewalk request being considered by Council this evening. Councilmember Sanger agreed that the City should use a wider outreach to those in the walkshed and agreed with the idea that Council consider sidewalk requests once per year, however, she did not want to wait another year to consider the request from the Lake Forest neighborhood. It was the consensus of the City Council to direct staff to present Council with proposed amendments to the Connect the Park! Capital Improvement Plan. It was also the consensus of the City Council to direct staff to present Council with an amendment to the Connect the Park! Plan based on the request from the Lake Forest neighborhood. 4. Pavement Management Area 2 Update – 42nd Street Sidewalk Mr. Sullivan presented the staff report and explained that 42nd Street is scheduled for street reconstruction this fall and the City of Edina recently informed City staff of its plan to install a sidewalk along 42nd Street. He stated that City staff met with residents to discuss options for including a sidewalk on 42nd Street and determined that a sidewalk on the north side of the street makes the most sense and the only option is to narrow the street and install a back of curb style sidewalk, similar to the sidewalk on 41st and Morningside. He advised that driveway lengths will not change, the project will not impact any trees, and parking would be allowed on the south City Council Meeting of October 20, 2014 (Item No. 3a) Page 4 Title: Study Session Meeting Minutes September 22, 2014 side of the street. He added the sidewalk would match Edina’s sidewalk width of 5’ and staff is suggesting that this sidewalk be a Public Works snowplowed route. Councilmember Mavity expressed support for adding this sidewalk segment as part of the 2014 Pavement Management project. Councilmember Spano requested information about the input from the neighborhood. Mr. Sullivan advised that the property owner at 4512 was in favor of the project and had no problem with relocating some of his plants. He stated the property owner at 4151 has a steep driveway and expressed some concern about his driveway length but was in favor of the project. He stated the property owner at 4150 was in favor of the project and indicated they did not want any trees impacted or removed as part of the project. He stated he was unable to reach the remaining two properties. Councilmember Sanger expressed support for the project. She asked if the narrowing of the street would create any clearance issues for emergency vehicles. Mr. Sullivan indicated that State law requires 20’ of clear travel for emergency vehicles and the proposed plan provides 25’ of clearance. He stated that Public Works and the Police/Fire Departments have indicated this is an acceptable width if the City assigns no parking to one side, adding that residents indicated they would not oppose this parking restriction. Councilmember Brausen expressed support for the project and stated that he preferred to see this item presented to Council as a resolution for formal action. It was the consensus of the City Council to direct staff to prepare a resolution approving the installation of a sidewalk along the north side of 42nd Street as part of the 2014 Pavement Management project for Council approval at its October 6, 2014, regular City Council meeting. Communications/Meeting Check-In (Verbal) Mr. Harmening reminded Council about the Park the Street! event on Sunday, September 28th. Councilmember Spano requested an update regarding the PLACE redevelopment concept. Mr. Harmening advised that Allianz has expressed an interest in buying the property for PLACE as a way to help facilitate the project and Allianz would play an important role as a partner to PLACE. He added that Allianz has a lot of philanthropic interests and this purchase would not represent an insurance investment on the part of Allianz. Councilmember Mavity stated the City has outlined a vision for the former McGarvey site and wanted to make sure that the City continues to control the vision for that site. Councilmember Spano expressed concern about the continued traffic issues at Wooddale and Highway 7 and urged the City to do whatever it can to resolve the issues in this area. City Council Meeting of October 20, 2014 (Item No. 3a) Page 5 Title: Study Session Meeting Minutes September 22, 2014 Ms. Heiser advised that Mn/DOT is going to be preparing the warrants analysis in early November. Councilmember Mavity urged the City to address the sight line issues on the bridge and requested that staff present its recommendations for addressing the sight line issues as well as estimated costs for Council consideration. Councilmember Spano noted the snow removal program parking restrictions contained in written report #5 and suggested that Council discuss the possibility of using flashing blue LED lights at major intersections when the City declares a snow emergency. Councilmember Brausen referenced the email sent to Council from a St. Louis Park resident asking about the public process for housing projects and suggested that Council have a future study session discussion about this issue. Councilmember Spano urged the City to make sure renters are engaged in that discussion. The meeting adjourned at 8:49 p.m. Written reports provided and documented for recording purposes only: 5. Snow Removal Program Parking Restrictions 6. Update on Elmwood Neighborhood Traffic Improvements 7. Update on PLACE Redevelopment Concept for former McGarvey Site 8. Sustainable SLP Branding Update 9. August 2014 Monthly Financial Report 10. Groves Academy Private Activity Revenue Bonds 11. 2015 Fees ______________________________________ ______________________________________ Nancy Stroth, City Clerk Steve Hallfin, Mayor Pro Tem Meeting: City Council Meeting Date: October 20, 2014 Minutes: 3b UNOFFICIAL MINUTES JOINT CITY COUNCIL/SCHOOL BOARD MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 29, 2014 5:30 p.m. Dinner Call to Order Mayor Jacobs called the meeting to order at 6:03 p.m. Council Members present: Mayor Jeff Jacobs, Anne Mavity, Greg Lindberg, Tim Brausen, Jake Spano, and Steve Hallfin Absent: Sue Sanger School Board Members present: Board Chair Nancy Gores, Bruce Richardson, Jim Yarosh, Julie Sweitzer, Ken Morrison, Joe Tatalovich, and Karen Waters City Staff present: City Manager Tom Harmening; Housing Supervisor Michele Schnitker; Housing Programs Coordinator Marney Olson; Recreation Superintendent Jason West; Communications and Marketing Coordinator Jamie Zwilling; Organizational Development Coordinator Bridget Gothberg School District Staff present: Dr. Rob Metz, Superintendent; Lisa Greene, Community Education Director; Sara Thompson, Director of Communications and Community Engagement; and Richard Kreyer, Director of Human Resources. The City Council and School Board discussed: • Student Updates on current public enrollment and diversity • City Housing development and policies • School construction happening now • School needs for the future • City Community Center Project • School Branding • Potential topics for the next meeting (which will be determined at a later date). Possibilities included but not finalized: fields; sidewalk plans; Highways 100 and 7; more facilities conversation; diversity; arts; school process for strategic planning; continued collective conversation around homes, what amenities people want, what is affordable, etc. • The City offered to assist the School District with the use of Housing Staff to share census data as well as trends in housing. Adjournment The meeting adjourned at 8:28 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Second Reading 2015 Fee Ordinance RECOMMENDED ACTION: Motion to Approve Second Reading and Adopt Ordinance establishing fees for 2015 as outlined in Appendix A of the City Code of Ordinances; and to approve the summary ordinance for publication. POLICY CONSIDERATION: Does the Council agree with the proposed revisions to the fee schedule to reflect fee adjustments for programs and services called for by ordinance? SUMMARY: Each year our fees are reviewed by departments prior to renewal and as part of our budget process. Some fees must be set and adjusted in accordance with our ordinance; other fees are allowed to be set administratively. Fees are reviewed based on comparison to other cities in the metro area, changes in regulations and to make sure our business costs are covered for such service. At the September 22, 2014 Study Session, Council received a written report which included all proposed citywide fees for 2015. Fees called for within individual provisions of the St. Louis Park City Code are to be set by ordinance and listed as Appendix A. On October 6, Council approved first reading of the Appendix A fee schedule and set second reading for October 20. If approved, fee increases will be effective January 1, 2015. Liquor license fees and utility fees are approved by Resolution. Proposed 2015 liquor fees will be presented for Council consideration at the November 17, 2014 City Council Meeting. Proposed utility fees will be presented to Council for discussion at the Study Session on October 13, 2014 and final consideration at the October 20, 2014 City Council Meeting. FINANCIAL OR BUDGET CONSIDERATION: The proposed fee increases have been incorporated into the proposed 2015 budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Ordinance and Summary Prepared by: Nancy Stroth, City Clerk Approved by: Nancy Deno, Deputy City Manager City Council Meeting of October 20, 2014 (Item No. 4a) Page 2 Title: Second Reading 2015 Fee Ordinance DISCUSSION BACKGROUND: Each Department Director has reviewed fees listed in Appendix A of the City Code. The Administrative Services Department has worked with individual departments and their recommendations are included in the attached ordinance. Unless otherwise noted, proposed fee increases reflect the increased administrative costs of providing services and were comparable to other cities. SUMMARY OF ORDINANCE FEE CHANGES: Community Development: Fees were reviewed and adjusted to cover increased costs to conduct business. Engineering: An additional fee has been added for temporary no parking sign installation for right-of-way permit work. This fee is based on staff time and material. Fire: Fees were split out for Police and Fire to more accurately reflect the cost for response. In 2014, fees for Fire false alarms were set at the same rate as Police. Based on review of operations and type of equipment used for response, fees are now split into residential and commercial/multi-family. For residential fire false alarms, a $100 fee is charged for the second false alarm, $150 fee for the third false alarm, and $200 fee for each subsequent false alarm. Fees for Fire false alarms are higher than Police due to the type of equipment and number of staff that must respond for a Fire false alarm. After the first false alarm, the commercial/multi-family fee steadily increases $100 per false alarm in the same year. Inspections: Fees were reviewed and adjusted based on the cost to conduct business by city staff. Fees related to property maintenance were reviewed and increases are proposed. It has been several years since fees have increased in this area while staffing costs have increased. Police: Animal impound fees increased to more accurately reflect costs and to be in line with other cities. Police false alarm fees are separate from Fire false alarm fees and a fee was added for non-residential. Based on review of operations, false alarm fees were split into residential and commercial/multi-family false alarms. After the first police false alarm, a $100 fee per incident will be charged for residential incidents. After the first false alarm, the commercial/multi-family fee is charged $100 and increases $25 per false alarm during the year. City Council Meeting of October 20, 2014 (Item No. 4a) Page 3 Title: Second Reading 2015 Fee Ordinance ORDINANCE NO. ____-14 ORDINANCE ADOPTING FEES FOR CALENDAR YEAR 2015 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Fees called for within individual provisions of the City Code are hereby set by this ordinance for calendar year 2015. Section 2. The Fee Schedule as listed below shall be included as Appendix A of the City Code and shall replace those fees adopted October 21, 2013 by Ordinance No. 2448-13 for the calendar year 2014 which is hereby rescinded. ADMINISTRATIVE PENALTIES Chapter 4 – Animal Regulations $50 Chapter 6 – Buildings & Building Regulations Chapter 6, Article V – Property Maintenance Code $100 Chapter 8 – Business and Business Licenses $100 Chapter 12 – Environment $50 Chapter 12, Section 1 – Environment & Public Health Regulations Adopted by Reference $100 Chapter 12, Section 157 – Illicit Discharge and Connection $100 Chapter 12, Section 159 – Wetland Protection $100 Chapter 14 – Fire and Fire Prevention $50 Chapter 14, Section 75 – Open burning without permit $100 Chapter 20 – Parks and Recreation $50 Chapter 22 – Solid Waste Management $50 Chapter 22, Section 35b – Contagious Disease Refuse $200 Chapter 24 – Streets, Sidewalks & Public Places $50 Chapter 24, Section 24-43 – Household Trash & Recycling Containers blocking public way $25 Chapter 24, Section 50 – Public Property: Defacing or injuring $150 Chapter 24, Section 51 – Sweeping leaves into street prohibited $100 Chapter 24, Section 151 – Work in public right-of-way without a permit $100 Chapter 26 – Subdivision $100 Violation of a condition associated with a Subdivision approval. $750 Chapter 32 – Utilities $50 Chapter 36 – Zoning $50 Chapter 36, Section 37 – Conducting a Land Use not permitted in the zoning district $100 Violation of a condition associated with a Conditional Use Permit, Planned Unit Development, or Special Permit approval $750 Repeat Violations within 24 Months up to a maximum of $2,000 Double the amount of the fine imposed for the previous violation, up to a maximum of $2,000. For example, if there were four occurrences of a violation that carried a $50 fine, the fine for the fourth occurrence would be $400 (first: $50; second: $100; third: $200; fourth: $400). City Council Meeting of October 20, 2014 (Item No. 4a) Page 4 Title: Second Reading 2015 Fee Ordinance Fines in addition to abatement and licensing inspections Fines listed above may be in addition to fees associated with abatement and licensing inspections. CITY CLERK’S OFFICE Domestic Partnership Registration Application Fee $50 Amendment to Application Fee $25 Termination of Registration Fee $25 COMMUNITY DEVELOPMENT DEPARTMENT Comprehensive Plan Amendments $2,000 $2,050 Conditional Use Permit $2,000 $2,050 Major Amendment $2,000 $2,050 Minor Amendment $1,000 $1,050 Fence Permit Installation $15 Numbering of Buildings (New Addresses) $50 Official Map Amendment $500 $525 Parking Lot Permit Installation/Reconstruction $75 Driveway Permit $25 Planned Unit Development Preliminary PUD $2,000 $2,050 Final PUD $2,000 $2,050 Prelim/Final PUD Combined $2,250 $2,400 PUD - Major Amendment $2,000 $2,050 PUD - Minor Amendment $1,000 $1,050 Recording Filing Fee Single Family $50 Other Uses $120 Registration of Land Use $50 Sign Permit Erection of Temporary Sign $30 Erection of Real Estate, Construction Sign 40+ ft $30 $75 Installation of Permanent Sign without footings $75 Installation of Permanent Sign with footings $100 Special Permits Major Amendment $2,000 $2,050 Minor Amendment $1,000 $1,050 Street, Alley, Utility Vacations $800 Subdivision Dedication Park Dedication (in lieu of land) Commercial/Industrial Properties 5% of current market value of the unimproved land as determined by city assessor Multi-family Dwelling Units $1,500 per dwelling unit Single-family Dwelling Units $1,500 per dwelling unit Trails $225 per residential dwelling unit Subdivisions/Replats Preliminary Plat $800 $850 plus $90 per lot Final Plat $500 $525 Combined Process and Replats $900 $950 plus $90 per lot Exempt and Administrative Subdivisions $300 City Council Meeting of October 20, 2014 (Item No. 4a) Page 5 Title: Second Reading 2015 Fee Ordinance Temporary Use Carnival & Festival over 14 days $1,000 $1,500 Mobile Use Vehicle Zoning Permit (Food or Medical) $50 Time Extension $150 Traffic Management Plan Administrative Fee $0.10 per sq ft of gross floor Tree Replacement Cash in lieu of replacement trees $115 $130 per caliper inch Variances Commercial $500 Residential $300 Zoning Appeal $300 Zoning Letter $50 Zoning Map Amendments $2,000 $2,050 Zoning Permit Accessory Structures, 120 ft or less $25 Zoning Text Amendments $2,000 $2,050 ENGINEERING DEPARTMENT Installation/repair of Sidewalk, Curb Cut or Curb and Gutter Permit $10 $12 per 10 linear feet Administrative Fee (all permits) $50 $60 Work in Public Right-of-Way Permit Administrative Fee (all permits) $50 $60 Hole in Roadway/Blvd (larger than 10" diameter) $50 $60 per hole Trenching in Boulevard $200 per 100 linear feet (minimum $200) Trenching in Roadway $400 per 100 linear feet (minimum $400) Temporary No Parking Signs (for ROW permit work) $60 per hour per project (minimum $60) FIRE DEPARTMENT False Fire Alarm Residential Commercial 1st offense $0 $0 2nd offense in same year $100 $100 3rd offense in same year $150 $200 4th offense in same year $200 $300 5th offense in same year $200 $400 Each subsequent in same year $200 $100 increase Fireworks Display Permit Actual costs incurred Service Fees Service Fee for fully-equipped & staffed vehicles $500 per hour for a ladder truck $325 per hour for a full-size fire truck $255 per hour for a rescue unit Service Fee of a Chief Officer $100 per hour After Hours Inspections $65 per hour (minimum 2 hrs.) Tent Permit Tent over 200 sq. ft. $75 Canopy over 400 sq. ft. $75 INSPECTIONS DEPARTMENT Building Demolition Deposit 1 & 2 Family Residential & Accessory Structures $2,500 All Other Buildings $5,000 City Council Meeting of October 20, 2014 (Item No. 4a) Page 6 Title: Second Reading 2015 Fee Ordinance Building Demolition Permit 1 & 2 Family Residential & Accessory Structures $160 All Other Buildings $240 $250 Building Moving Permit $500 Business Licenses Billboards $140 $150 per billboard Commercial Entertainment $280 Courtesy Bench $50 Dog Kennel $150 Environmental Emissions $310 Massage Therapy Establishment $330 $340 Massage Therapist License $100 $110 Therapists holding a Massage Therapy Establishment License $30 Pawnbroker License Fee $2,000 Per Transaction Fee $2 Investigation Fee $1,000 Penalty $50 per day Sexually Oriented Business Investigation Fee (High Impact) $500 High Impact $4,500 Limited Impact $125 Tobacco Products & Related Device Sales $500 $550 Vehicle Parking Facilities Enclosed Parking $215 $225 Parking Ramp $165 $175 Certificate of Occupancy For each condominium unit completed after building occupancy $100 Change of Use (does not apply to 1 & 2 family dwellings) Up to 5,000 sq ft $300 $400 5,001 to 25,000 sq ft $450 $600 25,001 to 75,000 sq ft $670 $800 75,001 to 100,000 sq ft $880 $1,000 100,000 to 200,000 sq ft $1,100 $1,400 above 200,000 sq ft $1,310 $1,800 Temporary Certificate of Occupancy $55 $60 Certificate of Property Maintenance Certificate of Property Maintenance Extension $55 $60 Change in Ownership Condominium Unit $140 $145 Duplex (2 Family dwellings) $300 $310 Multi-Family (apartment) Buildings $250 per building +$12 per unit Single Family Dwellings $220 $225 All Other Buildings: Up to 5,000 sq ft $300 $400 5,001 to 25,000 sq ft $450 $600 25,001 to 75,000 sq ft $670 $800 75,001 to 100,000 sq ft $880 $1,000 100,000 to 200,000 sq. ft $1,100 $1,400 above 200,000 sq. ft $1,310 $1,800 Temporary Certificate of Property Maintenance $70 $75 City Council Meeting of October 20, 2014 (Item No. 4a) Page 7 Title: Second Reading 2015 Fee Ordinance Construction Permits (building, electrical, fire protection, mechanical, plumbing, pools, utilities) Building and Fire Protection Permits Valuation Up to $500 Base Fee $45 $55 $500.01 to $2,000.00 Base Fee $45 $55 + $2 for each additional (or fraction thereof) $100 over $500.01 $2,000.01 to $25,000.00 Base Fee $75 $85 + $15 for each additional (or fraction thereof) $1,000 over $2,000.01 $25,000.01 to $50,000.00 Base Fee $420 $430 + $10 for each additional (or fraction thereof) $1,000 over $25,000.01 $50,000.01 to $100,000.00 Base Fee $670 $680 + $7 for each additional (or fraction thereof) $1,000 over $50,000.01 $100,000.01 to $500,000.00 Base Fee $1,020 $1,030 + $5.60 $6 for each additional (or fraction thereof) $1,000 over $100.000.01 $500,000.01 to $1,000,000.00 Base Fee $3,260 $3,430 + $4.75 $5 for each Additional (or fraction thereof) $1,000 over $500,000.01 $1,000,000.01 and up Base Fee $5,635 $5,930 + $4.75 $4.50 for each additional (or fraction thereof) $1,000 over $1,000,000.01 Construction Permits (cont.) Single Family Residential Exceptions: Reroofing – asphalt shingled, sloped roofs only House or House and Garage $140 Garage Only $70 Residing House or House and Garage $140 Garage Only $70 Electrical Permit Installation, Replacement, Repair $45 $50 + 1.75% of job valuation Installation of traffic signals per location $150 Single family, one appliance $45 $50 Erosion Control Permit Application and Review $150 $200 ISTS Permit (sewage treatment system install or repair) $125 Mechanical Permit Installation, Replacement, Repair $45 $50 + 1.75% of job valuation Single Family Exceptions: Replace furnace, boiler or furnace/AC $65 Install single fuel burning appliance with piping $65 Install, replace or repair single mechanical appliance $45 $50 Plumbing Permit Installation, Replacement, Repair $45 $50 + 1.75% of job valuation Single Family Exceptions: Repair/replace single plumbing fixture $45 $50 Private Swimming Pool Permit Building permit fees apply Public Swimming Pool Permit Building permit fees apply City Council Meeting of October 20, 2014 (Item No. 4a) Page 8 Title: Second Reading 2015 Fee Ordinance Sewer & Water Permit (all underground private utilities) Installation, Replacement, Repair $45 + 1.75% of job valuation Single Family Exceptions: Replace/repair sewer or water service $75 $80 Water Access Charge $750 Competency Exams Fees Mechanical per test $30 Renewal - 3 year Mechanical $30 Contractor Licenses Mechanical $100 Solid Waste $200 Tree Maintenance $90 $95 Dog Licenses 1 year $25 2 year $40 3 year $50 Potentially Dangerous Dog License – 1 year $100 Dangerous Dog License – 1 year $250 Interim License $15 Off-Leash Dog Area Permit (non-resident) $55 Penalty for no license $40 Inspections After Hours Inspections $65 per hour (minimum 2 hrs.) Installation of permanent sign w/footing inspection Based on valuation using building permit table Re-Inspection Fee (after correction notice issued and has not been corrected within 2 subsequent inspections) $130 Insurance Requirements A minimum of: Circus $1,000,000 General Liability Commercial Entertainment $1,000,000 General Liability Mechanical Contractors $1,000,000 General Liability Solid Waste $1,000,000 General Liability Tree Maintenance & Removal $1,000,000 General Liability Vehicle Parking Facility $1,000,000 General Liability ISTS Permit Sewage treatment system install or repair $125 License Fees - Other Investigation Fee $300 per establishment requiring a business licen Late Fee 25% of license fee (minimum $50) License Reinstatement Fee $250 Transfer of License (new ownership) $75 Plan Review Building Permits 65% of Permit Fee Repetitive Building 25% of Permit Fee for Duplicate Structure Electrical Permits 35% of Permit Fee Mechanical Permits 35% of Permit Fee Plumbing Permits 35% of Permit Fee Sewer & Water Permits 35% of Permit Fee Single Family Interior Remodel Permits 35% of Permit Fee Rental Housing License Condominium/Townhouse/Cooperative $80 $85 per unit Duplex both sides non-owner occupied $150 $160 per duplex Housing Authority owned single family dwelling units $15 per unit City Council Meeting of October 20, 2014 (Item No. 4a) Page 9 Title: Second Reading 2015 Fee Ordinance Multiple Family Per Building $170 $200 Per Unit $12 $14 Single Family Unit $100 $110 per dwelling unit Temporary Noise Permit $60 Temporary Use Permits Amusement Rides, Carnivals & Circuses $260 Commercial Film Production Application $90 $100 Petting Zoos $60 Vehicle Decals Solid Waste $25 Tree Maintenance & Removal $10 OPERATIONS & RECREATION DEPARTMENT Permit to Exceed Vehicle Weight Limitations (MSC) $30 each Winter Parking Permit Caregiver parking $25 No off-street parking available No Charge Off-street parking available $125 POLICE DEPARTMENT Animals Animal Impound Initial impoundment $25 $35 2nd offense w/in year $40 $60 3rd offense w/in year $50 $85 4th offense w/in year $75 $110 Boarding Per Day $25 Dangerous Dog Annual Review Hearing $250 Potentially Dangerous Dog Annual Review Hearing $100 Criminal Background Investigation Volunteers & Employees $5 False Alarm (Police) Residential Commercial 1st offense $0 $0 2nd offense in same year $100 $100 3rd offense in same year $100 $125 4th offense in same year $100 $150 5th offense in same year $100 $175 Each subsequent in same year $100 $25 increase Late payment fee 10% Solicitor/Peddler Registration $150 Lost ID Replacement Fee $25 Vehicle Forfeiture Administrative fee in certain vehicle forfeiture cases $250 Section 3. This ordinance shall take effect January 1, 2015. Public Hearing October 6, 2014 Second Reading October 20, 2014 Date of Publication October 30, 2014 Date Ordinance takes effect January 1, 2015 City Council Meeting of October 20, 2014 (Item No. 4a) Page 10 Title: Second Reading 2015 Fee Ordinance Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney City Council Meeting of October 20, 2014 (Item No. 4a) Page 11 Title: Second Reading 2015 Fee Ordinance SUMMARY ORDINANCE NO. _____-14 AN ORDINANCE ADOPTING FEES CALLED FOR BY ORDINANCE FOR CALENDAR YEAR 2015 This ordinance sets 2015 fees as outlined in Appendix A of the City Code of Ordinances. The fee ordinance is modified to reflect the cost of providing services and is completed each year to determine what, if any, fees require adjustment. This ordinance shall take effect January 1, 2015. Adopted by the City Council October 20, 2014 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 30, 2014 Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Temporary On-Sale Intoxicating Liquor License - Frank Lundberg American Legion RECOMMENDED ACTION: Motion to Approve a Temporary On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion Post 282, 5605 36th St. W. in St. Louis Park, for a social event to be held November 1, 2014, during the hours of 3:00 to 11:00 p.m. in the parking lot at the American Legion. POLICY CONSIDERATION: Does Council wish to approve the Temporary On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion for an event being held November 1, 2014? BACKGROUND: The Frank Lundberg American Legion Post 282 has applied for a Temporary Liquor License for a social event on Saturday, November 1, 2014, from 3:00 to 11:00 p.m., in the American Legion parking lot located at 5605 36th St. W. The color guard is holding an American Flag retirement ceremony. The ceremony is held before the burning of the first flag, with the remaining flags being burned one by one. The parking lot will be fenced off for the event. Food will be prepared and served indoors. The City Fire and Police Departments have been notified of the event. The American Legion Post 282 is a service organization with the purpose of promoting Americanism, patriotism, and providing for the needs of our youth and children. The Police Department has completed the background investigation on the principals and has found no reason to deny the temporary license. The applicant has met requirements for issuance of the license, and staff is recommending approval. FINANCIAL OR BUDGET CONSIDERATION: The fee for a temporary liquor license is $100.00 per day of the event. VISION CONSIDERATION: Not Applicable. Attachments: None Prepared by: Nancy Stroth, City Clerk Approved by: Nancy Deno, Deputy City Manager/HR Director Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Second Reading of Construction Management Plan Ordinance RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance for addition of Section 6-71. Construction Management Plan to Chapter 6 of the City Code of Ordinances effective November 15, 2014 and approve summary ordinance for publication on October 31, 2014. POLICY CONSIDERATION: Does Council wish to approve the Ordinance being proposed? SUMMARY: The first reading of the ordinance was approved 7-0 by Council on October 6, 2014. Following the first reading, the neighborhood notification recipients have been clarified. The intent of the ordinance is to provide neighbors with information; therefore the neighborhood notification will be sent to neighbors within 200 feet. The City recognizes that many households in St. Louis Park are looking for larger homes. As a result, significant additions and/or tearing down of existing homes and rebuilding of larger homes are becoming more common. The Construction Management Plan (CMP) will proactively address neighborhood issues and concerns related to construction. The CMP will be required for demolition (tear down), new construction, or construction of a major addition to all one and two family dwellings. The applicant for a building or demolition permit must complete the CMP and give written notification of the proposed activity and general construction schedule to all neighbors within 200 feet of construction at least seven calendar days before work begins. Demolition and new construction will also require a neighborhood meeting and signage. The purpose of the CMP is to provide neighbors with information about what is happening at the property and who to call if they have concerns during construction. In addition to contact information, the neighborhood notification letter will also state the hours that construction activity is allowed per the noise ordinance. The CMP will also provide a list of best practices to contractors for working in St. Louis Park neighborhoods to proactively address some of the most common issues and concerns that arise during construction activity in residential neighborhoods. FINANCIAL OR BUDGET CONSIDERATION: Minimal. Existing staff will be used to run this program. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Ordinance Summary Ordinance Prepared by: Marney Olson, Housing Programs Coordinator Reviewed by: Michele Schnitker, Housing Supervisor Brian Hoffman, Inspections Director Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4c) Page 2 Title: Second Reading of Construction Management Plan Ordinance ORDINANCE NO. ____-14 AN ORDINANCE RELATING TO CONSTRUCTION MANAGEMENT OF DEMOLITION, NEW CONSTRUCTION AND ADDITIONS TO SINGLE AND TWO FAMILY DWELLINGS AMENDING CHAPTER 6 OF THE ST. LOUIS PARK CITY CODE OF ORDINANCES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 6 of the St. Louis Park City Code is amended by adding the following section: Sec. 6-71. Construction Management Plan. (a) Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Demolition means the removal or destruction of more than fifty percent (50%) of the area of exterior walls. New Construction means the complete construction of a building from footings or above grade. Major Addition means the construction of a second story of any size or a building addition totaling five hundred (500) square feet or greater. (b) Construction Management Plan Required. A Construction Management Plan is required for Demolition or New Construction of, and Major Additions to, all one and two family dwellings. (1) Application. The applicant for a building permit or demolition permit must complete the Construction Management Plan on a form to be provided by the city building official and submit required information before a permit will be issued. (2) Written Neighborhood Notification. At least seven (7) calendar days before Demolition, New Construction, or construction of a Major Addition commences, written notification of the proposed activity and general construction schedule must be provided to all neighbors within two hundred (200) feet of the construction property. (3) For Demolitions and New Construction: Neighborhood Meeting. The applicant must conduct a neighborhood information meeting within the notification area before Demolition or City Council Meeting of October 20, 2014 (Item No. 4c) Page 3 Title: Second Reading of Construction Management Plan Ordinance New Construction commences. The date, time, and location of the meeting must be included within the Written Neighborhood Notification. If construction does not begin within three months of the meeting, a new written neighborhood notification is needed before construction commences. Site Signage. A sign must be posted on the property before Demolition or New Construction commences, identifying the nature of the project, the permit holder, a contact name and phone number, and the site address. The sign must also display a City provided phone number. The sign must be between five (5) square feet and six (6) square feet in surface area. The sign and the content of the sign must be visible from the street and be kept in place until the completion of the project. SECTION 2. This Ordinance shall take effect fifteen (15) days after its passage and publication. First Reading October 6, 2014 Second Reading October 20, 2014 Date of Publication October 31, 2014 Date Ordinance takes effect November 15, 2014 Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of October 20, 2014 (Item No. 4c) Page 4 Title: Second Reading of Construction Management Plan Ordinance SUMMARY ORDINANCE NO.____-14 AN ORDINANCE RELATING TO CONSTRUCTION MANAGEMENT OF DEMOLITION, NEW CONSTRUCTION AND ADDITIONS TO SINGLE AND TWO FAMILY DWELLINGS AMENDING CHAPTER 6 OF THE ST. LOUIS PARK CITY CODE OF ORDINANCES This ordinance adds section 6-71. Construction Management Plan for demolition, new construction, and major additions to all one and two family dwellings. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 20, 2014 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 31, 2014 Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Accept Bench Donation from Randy May RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a $1,700 donation from Randy May for the purchase and installation of a metal bench in Elie Park honoring Virginia May. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Randy May, grandson of the Elie family who donated the park land for Elie Park in 1952, graciously donated $1,700 for the purchase and installation of a DuMor metal bench with an inlaid bronze plaque. The donation is given with the restriction that the bench be placed in Elie Park honoring Virginia May. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to purchase and install a bench in late October / early November, 2014, in Elie Park. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary Reviewed by: Cindy Walsh, Director of Operations & Recreation Rick Beane, Park Superintendent Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4d) Page 2 Title: Accept Bench Donation from Randy May RESOLUTION NO. 14-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $1,700 TO PURCHASE AND INSTALL A BENCH IN ELIE PARK HONORING VIRGINIA MAY WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Randy May, grandson of the Elie family who donated the park land for Elie Park in 1952, donated $1,700 to purchase and install a bench in Elie Park honoring Virginia May; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Randy May with the understanding that it must be used to purchase and install a bench in Elie Park. Reviewed for Administration Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Resolution Approving 2015 Wellness Incentive RECOMMENDED ACTION: Motion to Adopt Resolution approving a Wellness Incentive for benefit earning staff for 2015. POLICY CONSIDERATION: Does Council wish to approve the proposed Wellness Incentive for 2015? SUMMARY: The City has provided employees a monetary wellness incentive for the past three years in exchange for employee participation in required health related activities. Staff discussed the wellness program with City Council at the study session on October 13, 2014. The following is a summary of the recommendation on continuation of the wellness incentive program. • Criteria for 2015 includes a requirement that benefit-eligible active employees (regular full- time and regular part-time) must complete a health risk questionnaire, biometric screen, and be tobacco-free (or participating in a cessation program). • Additionally, staff will be encouraged to perform other wellness activities such as preventive visits to health and dental providers, flu shots, good nutrition, physical activity and stress reduction. • The wellness incentive is set at $40 per month for completing the annual program criteria set by the City Manager (same level as 2014 incentive). • Approval of this resolution will allow automatic continuation of this same monetary level of wellness incentive in subsequent years. FINANCIAL OR BUDGET CONSIDERATION: The Wellness Incentive amount has been included in the 2015 budget. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Ali Timpone, HR Coordinator Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4e) Page 2 Title: Resolution Approving 2015 Wellness Incentive DISCUSSION BACKGROUND: Why provide a wellness incentive? The City has been committed to providing innovative ways of keeping health care costs as low as possible. Methods such as switching health care providers, offering consumer driven health plans, creating VEBA/HRA accounts, and reducing plan options have been implemented. Current efforts are aimed at employee health and wellbeing, in an effort to proactively eliminate diseases related to lifestyle factors (obesity, heart disease, diabetes, knee/back pain, etc.) before they manifest themselves as costly claims. History of SLP Wellness Incentive: We first introduced a wellness incentive program in 2011. Each year, the program is reviewed and requirements for achieving the incentive are designed to keep employees engaged and accountable for their health risk factors. Program Year Requirements Incentive Participants Requirements met in 2011 for payment in 2012 Required: 1. Health Risk Assessment 2. Non-Tobacco User or participation in cessation program 3 of 4 following items also required: • Biometric Screen • Flu Shot • Preventive Medical Exam • Preventive Dental Exam $25/month 177 of 245 (72%) Requirements met in 2012 for payment in 2013 Required: 1. Health Risk Assessment 2. Non-Tobacco User or participation in cessation program 3. HealthPartners outreach program (online or telephonic health coaching) 3 of 4 following items also required: • Biometric Screen • Flu Shot • Preventive Medical Exam • Preventive Dental Exam $35/month 165 of 241 (68%) Requirements met in 2013 for payment in 2014 Required: 1. Completion of on-site vendor (myHealthCheck) wellness visit which included health risk assessment and biometric screen (verified data). 2. Non-Tobacco User or participation in a cessation program (verified data). $40/month 165 of 250 (66%) What is the recommended program for 2015? Employee behavior change is a long term initiative. It is difficult to show a savings or return on investment in wellness incentive spending, as it is impossible to know or quantify how many heart attacks we have prevented, or cases of diabetes that have been averted. Wellness spending is a long term investment that aims to increase general population health and behavior changes over time in order to reduce or prevent costly claims. City Council Meeting of October 20, 2014 (Item No. 4e) Page 3 Title: Resolution Approving 2015 Wellness Incentive Since we required employees to use an on-site vendor and not use the honor system to report participation in 2013, we were able to analyze aggregate health data from our voluntary participants. Data collected is as follows: • We now know that in general, the diastolic blood pressure average for this group is within the optimal value. • We also know that average glucose and triglyceride values are in the desirable range. • Average total cholesterol is above desirable ranges (shows an exercise and nutrition correlation). • HDL cholesterol average is below the preferred value (shows an exercise correlation). • Systolic blood pressure overall average falls within the National Institute of Health pre- hypertensive range. We hope to continue to collect this data annually in a private and secure way to be able to measure and track our progress and identify programming or interventions needed to improve these statistics. This is an important part of our recommendation for the 2015 wellness program. In 2014, employees will be required to complete a health risk assessment, biometric screen, and be tobacco free (or participating in a cessation program). All activities will be available on-site at no cost to employees, and those who choose to have evaluations done at another provider may do so and provide a form to our wellness vendor to submit and verify data. What is the recommended 2015 incentive amount? It is recommended that the incentive be set at $40/month in 2015. It is recommended that the full Wellness Incentive amount be provided to ALL benefit earning employees (i.e., not pro-rated for part-time employees) who successfully meet program requirements. This is the same as in 2014 and is recommended to continue with no increase. It is recommended that Council approve the incentive amount for 2015 and going forward to automatically continue in subsequent years at $40/month, and allow the City Manager to continue to set program criteria each year. Any increase in the future in the contribution amount must be approved by Council. City Council Meeting of October 20, 2014 (Item No. 4e) Page 4 Title: Resolution Approving 2015 Wellness Incentive RESOLUTION NO. 14-____ RESOLUTION APPROVING 2015 WELLNESS INCENTIVE WHEREAS, the City Council has established a benefit plan that provides an effective means for providing employee group benefits; and WHEREAS, the City Council establishes contribution amounts for each calendar year; and WHEREAS, the administration of such plans will be in accordance with plan documents as approved by the City Manager, who will also set policy and procedures for benefit level classification and administration of plans; and WHEREAS, organizations with healthy staff often report higher morale and productivity, and lower absenteeism and health costs; and WHEREAS, the City wishes to encourage and incent staff to participate in activities designed to improve the health and wellness of our staff to reap more of the aforementioned benefits; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that a Wellness Incentive Program is approved as follows: • benefit-eligible active employees (regular full-time and regular part-time) who successfully complete the components of the program as determined by the City Manager are eligible for the incentive, and • the amount of the incentive is set at $40 per month as a cash payment. This amount is not pro-rated for part time benefit-eligible employees (will be provided in full), and • the City Manager has the authority to set final program criteria, determine if criteria has been met, and has complete authority in awarding the incentive to staff, and • the incentive amount will automatically continue in subsequent years unless and until further Council action is taken. Any future increase in contribution amount would require Council approval. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Acceptance of Donation to Fire Department RECOMMENDED ACTION: Motion to Adopt Resolution accepting a donation of $10,065 to the St. Louis Park Fire Department from Step One Foods for nutritional products and services to improve the health and wellness of firefighters. POLICY CONSIDERATION: Does the City Council wish to accept this donation with the restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. In this case, the donation is for nutritional products and services to improve the health and wellness of firefighters. Step One Foods, a local company, approached the fire department out of concern for the number of firefighter deaths attributed annually to poor heart health and unhealthy cholesterol levels. They believe that a short pilot focusing on nutrition, exercise and the use of their unique nutritional products would show immediate benefits in lowering cholesterol, improving heart health and ultimately reducing the likelihood of death due to a heart attack. The pilot is an extension of our existing annual wellness exams and participation will be voluntary for any firefighter. Step One Foods will furnish the products at no charge for 30 days, as well as provide the follow up blood draw to measure any change in cholesterol levels. The St. Louis Park Fire Department has adopted the 16 Life Safety Initiatives developed by the International Association of Fire Chiefs. Initiative #2 states "Enhance personal and organizational accountability for health and safety". FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to enhance Fire Department accountability for health and safety. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Rodger Coppa, Assistant Chief Reviewed by: Steve Koering, Fire Chief Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4f) Page 2 Title: Acceptance of Donation to Fire Department RESOLUTION NO. 14-____ RESOLUTION APPROVING ACCEPTANCE OF A $10,065 DONATION TO THE FIRE DEPARTMENT FROM STEP ONE FOODS WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donations by the donors; and WHEREAS, this donation will be directed toward nutritional products and services to improve the health and wellness of firefighters; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that this $10,065 donation is hereby accepted with thanks and appreciation. Reviewed for Administration Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Approve Final Payment 2013 Random Concrete Repair Project - City Contract No. 34-13 RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $6,412.12 for the 2013 Random Concrete Repair Project with Thomas & Sons Construction, Inc. - Project Nos. 2013-0003, 0004, and 0006, City Contract No. 34-13. POLICY CONSIDERATION: Not applicable SUMMARY: City Council approved undertaking the Maintenance Project – City Project Nos. 2013-0003, 0004, and 0006. The project was advertised, bid and awarded to Thomas & Sons Construction, Inc. on April 15, 2013 in the amount of $126,109.75. This project is the annual repair and construction of sidewalk, curb and gutter, and storm sewer catch basins at various locations in the city. The work was mainly located in Area 6, which includes the Elmwood, Brookside, Brooklawns, Creekside and Meadowbrook neighborhoods. The Contractor completed this work within the contract time allowed at a final contract cost of $128,242.26. FINANCIAL OR BUDGET CONSIDERATION: Final Contract Cost The cost of the work performed by the contractor under Contract No. 34-13 has been calculated as follows: Original Contract Price $126,109.75 Quantity Overruns $ 2,132.51 Contract Amount $128,242.26 Previous Payments $121,830.15 Balance Due $ 6,412.11 Funding Source This project was included in the City’s adopted 2013 capital budget. The work was funded by the Public Works Operations budget, Stormwater Utility budget and the Pavement Management budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Phillip Elkin, Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4g) Page 2 Title: Approve Final Payment 2013 Random Concrete Repair Project - City Contract No. 34-13 RESOLUTION NO. 14-___ RESOLUTION AUTHORIZING FINAL PAYMENT AND ACCEPTING THE WORK FOR THE 2013 RANDOM CONCRETE REPAIR PROJECT CITY PROJECT NO. 2013-0003, 0004, AND 0004 CONTRACT NO. 34-13 NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated April 15, 2013, Thomas & Sons Construction, Inc. has satisfactorily completed the contract random concrete repair project, as per Contract No. 34-13. 2. The Engineering Director has filed her recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The final contract cost is $128,242.26. 4. The City Manager is directed to make final payment in the amount of $6,412.11 on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Traffic Study No. 646: Authorize Permit Parking Restrictions at 2940 Salem Avenue RECOMMENDED ACTION: Motion to Adopt Resolution authorizing installation of permit parking restrictions at 2940 Salem Avenue. POLICY CONSIDERATION: The restriction is allowed per the City’s established regulatory authority. SUMMARY: On September 2, 2014, staff received a request from the daughter of Margarita Eide to restrict on-street parking in front of the home of 2940 Salem Avenue. Margarita Eide has a medical situation that requires curbside access to the walkway running between the house and the street. Due to other on-street parking which occur on the same street, a request has been made to the City to install permit parking in front of her home. The City’s Traffic Policy and past practice allows for permit parking in these types of situations. It has been the City’s practice to use permit parking, which can then be removed when the individual needing the access no longer resides there or no longer needs the access. Staff considers the request to be valid and supports the installation of permit parking for disabled access at 2940 Salem Avenue. This recommendation is based on the following: 1. A resident of the household has limited mobility and is eligible for a disabled parking permit. 2. Parking conflicts with neighbors will be eliminated. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting this restriction is minimal and will come out of the general operating budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Map Prepared by: Jake Bongard, Traffic Support Staff Reviewed by: Debra Heiser, Engineering Director Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4h) Page 2 Title: Traffic Study No. 646: Authorize Permit Parking Restrictions at 2940 Salem Avenue RESOLUTION NO. 14-___ RESOLUTION AUTHORIZING INSTALLATION OF PERMIT PARKING IN FRONT OF 2940 SALEM AVENUE TRAFFIC STUDY NO. 646 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that it is in the best interest of the City to establish a parking restriction based upon permit issuance in front of 2940 Salem Avenue. BE IT FURTHER RESOLVED that parking shall not be permitted at any time unless the vehicle prominently displays a City-issued parking permit. Emergency vehicles, governmental vehicles and commercial vehicles parked at curbside while work is conducted are exempt from these restrictions. BE IT FURTHER RESOLVED that the parking restriction enacted herein shall remain in effect until the resident no longer needs the restriction or has moved. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Engineering Director is hereby authorized to install the following controls: 1. Permit parking at 2940 Salem Avenue South Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk 5224 51125124 5125 2937 2925 2930 2922 30003000 30003000 30003000 30003000 30003000 3000 3000 3000 3000 3000 2934 5100 2936 2933 2939 2940 2925 2933 2929 2919 2924 2930 2916 2921 5219 5209 5207 5201 2920 29152917 2916 3000 3000 3000 5101 3000 300030003000 3000 3000 3000 3000 3000 3000 3000 3000 30305221SALEMMINNETONKASALEM")5 Traffic Study No. 646 Authorize Permit Parkingat 2940 Salem Avenue M 100 Feet Legend Proposed Permit Parking Restrictions Property Lines City Council Meeting of October 20, 2014 (Item No. 4h) Title: Traffic Study No. 646: Authorize Permit Parking Restrictions at 2940 Salem Avenue Page 3 Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Traffic Study No. 647: Authorize the Removal of Certain Parking Restrictions on Princeton Avenue RECOMMENDED ACTION: Motion to Adopt Resolution rescinding the paragraph documented within Resolution No. 3681 for the existing “No Parking 8 a.m. to 6 p.m. Monday thru Friday” on the east side of Princeton Avenue from W. 29th Street south to the east-west alley. POLICY CONSIDERATION: None at this time. SUMMARY: The City has received input from the public and completed research regarding the existing parking restrictions on the east side of Princeton Avenue between Minnetonka Boulevard and 29th Street. The original resolution cites that the current parking restrictions were authorized and installed in March 1969. The resolution indicated that the “No Parking 8 a.m. to 6 p.m. Monday thru Friday” restrictions on the east side of Princeton Avenue from W. 29th Street south to the east-west alley were installed upon the basis of the physical characteristics, driver behavior, and traffic conditions on Princeton Avenue. The Traffic Committee discussed the issue and recommends the existing parking restrictions be removed to better accommodate on-street parking. The Traffic Committee concluded that current conditions on the street are different due to a change in land use in the area approved within Resolution No. 3681. The proposed change to remove existing “No Parking 8 a.m. to 6 p.m. Monday thru Friday” restrictions on the east side of Princeton Avenue from W 29th Street south to the east-west alley will require the removal of the in-place signs. The attached figure depicts the proposed changes. A letter has been sent to the residents notifying them of the staff’s recommendation and have asked for any final comments prior to the October 20th Council Meeting. The majority of comments received have been in support of the change. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Original Resolution 3681 Resolution Figure Prepared by: Jake Bongard, Traffic Support Staff Reviewed by: Debra Heiser, Engineering Director Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4i) Page 2 Title: Traffic Study No. 647: Authorize the Removal of Certain Parking Restrictions on Princeton Avenue City Council Meeting of October 20, 2014 (Item No. 4i) Page 3 Title: Traffic Study No. 647: Authorize the Removal of Certain Parking Restrictions on Princeton Avenue City Council Meeting of October 20, 2014 (Item No. 4i) Page 4 Title: Traffic Study No. 647: Authorize the Removal of Certain Parking Restrictions on Princeton Avenue RESOLUTION NO. 14-___ RESOLUTION AUTHORIZING THE ELIMINATION OF PARKING RESTRICTIONS ON THE EAST SIDE OF PRINCETON AVENUE FROM W. 29TH STREET SOUTH TO EAST-WEST ALLEY. TRAFFIC STUDY NO. 647 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that parking restrictions (No Parking, Monday-Friday 8 a.m. – 6 p.m.) on the east side of Princeton Avenue from 29th Street to the south property line of 2939 Princeton Avenue are no longer required. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Engineering Director is hereby authorized to amend Resolution No. 3681 adopted March 10, 1969 by striking therefrom the words “No Parking 8 a.m. 6 p.m. Monday thru Friday on east side of Princeton Avenue from W. 29th Street south to the east-west alley”. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of October 20, 2014 (Item No. 4i) Page 5 Title: Traffic Study No. 647: Authorize the Removal of Certain Parking Restrictions on Princeton Avenue TRAFFIC STUDY NO. 647 PRINCETON AVENUE FIGURE (REMOVAL OF PARKING RESTRICTIONS) Proposed Removal of Existing Parking Restrictions Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4j TITLE: Traffic Study No. 648: Authorize the Removal of Parking Restrictions on Phillips Parkway RECOMMENDED ACTION: Motion to Adopt Resolution rescinding the paragraph documented within Resolution No. 87-104 for the existing No Parking Anytime along the entire length of Decatur Avenue including the cul-de-sac. It is requested that parking restrictions be modified to allow on-street parking along the east side of Phillips Parkway, previously Decatur Avenue, from the Service Road south of W. 36th Street south to the parking lot access north of the cul-de-sac. POLICY CONSIDERATION: None at this time. SUMMARY: The City has received input from local property owners and completed research regarding the existing parking restrictions on the east side of Phillips Parkway, previously Decatur Avenue, from the Service Road south of W. 36th Street south to the parking lot access north of the cul-de-sac. The original resolution cites that the current parking restrictions were authorized and installed in August 1987. The existing roadway is 30 feet wide south of the service road intersection and narrows to 26 feet wide near the cul-de-sac. This provides adequate width to accommodate parking on one side of the roadway while providing adequate width for travel lanes. The request was made as the existing parking lots are nearing capacity and additional parking spaces would improve overall site conditions. The Traffic Committee discussed the issue and recommends the existing parking restrictions be removed to better accommodate on-street parking. The Traffic Committee discussed and concluded that current conditions do not benefit from the parking regulations approved within Resoultion No. 87-104. The proposed change to remove existing “No Parking” restrictions on the east side of Phillips Parkway, previously Decatur Avenue, from the Service Road south of W. 36th Street south to the parking lot access north of the cul-de-sac will require the removal of the in-place signs. The attached figure depicts the proposed changes. A letter has been sent to the property owners notifying them of the staff’s recommendation and have asked for any final comments prior to the October 20th Council Meeting. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Original Resolution #87-104 Resolution Figure Prepared by: Jacob Bongard, Traffic Support Staff Reviewed by: Debra Heiser, Engineering Director Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4j) Page 2 Title: Traffic Study No. 648: Authorize the Removal of Parking Restrictions on Phillips Parkway City Council Meeting of October 20, 2014 (Item No. 4j) Page 3 Title: Traffic Study No. 648: Authorize the Removal of Parking Restrictions on Phillips Parkway RESOLUTION NO. 14-___ RESOLUTION AUTHORIZING THE ELIMINATION OF PARKING RESTRICTIONS ON THE EAST SIDE OF PHILLIPS PARKWAY FROM THE SERVICE ROAD SOUTH OF W. 36TH STREET SOUTH TO THE PARKING LOT ACCESS NORTH OF THE CUL-DE-SAC TRAFFIC STUDY NO. 648 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that parking shall be allowed along the east side of Phillips Parkway, previously Decatur Avenue, from the Service Road south of W. 36th Street south to the parking lot access north of the cul-de-sac. “No Parking Anytime” restrictions shall remain in place along the west side of Phillips Parkway. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Engineering Director is hereby authorized to amend Resolution No. 87-104 adopted August 3, 1987 by striking therefrom the words “No Parking Anytime along the entire length of Decatur Avenue including the cul-de-sac”. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of October 20, 2014 (Item No. 4j) Page 4 Title: Traffic Study No. 648: Authorize the Removal of Parking Restrictions on Phillips Parkway TRAFFIC STUDY NO. 648 PHILLIPS PARKWAY FIGURE (REMOVAL OF PARKING RESTRICTIONS) N Proposed Removal of Existing Parking Restrictions Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4k EXECUTIVE SUMMARY TITLE: Addition of Recognition for Paid-On-Call Firefighters to Personnel Manual RECOMMENDED ACTION: Motion to Adopt Resolution to add Paid-On-Call Firefighters as eligible for the Employee Service Recognition and Departing Employee Recognition programs in the Personnel Manual. POLICY CONSIDERATION: Does Council wish to make Paid-On-Call Firefighters eligible for city recognition programs? SUMMARY: The Fire Chief has requested that Paid-On-Call Firefighters be eligible for recognition programs through the City, moving forward and effective January 1, 2015. In the past, only benefit eligible staff were eligible for service recognition (awards for every five years of service) and departing recognition (certificates or resolutions at council meetings), and non- benefit earning staff were recognized via separate department specific programs. However, because of the unique nature of our Paid-On-Call Firefighter positions, Chief Koering feels that these non-benefit earning employees should be eligible for the same recognition as benefit-earning fire staff. Additionally, Chief Koering believes this change will assist in his efforts to achieve greater engagement and esprit de corps in the Fire Department. FINANCIAL OR BUDGET CONSIDERATION: For 2015, it’s estimated that this change will cost approximately $1,200. Funds are available for this increase in the HR budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Ali Fosse, HR Coordinator Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 4k) Page 2 Title: Addition of Recognition for Paid-On-Call Firefighters to Personnel Manual RESOLUTION NO. 14-____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, ADDING PAID-ON-CALL FIREFIGHTERS AS ELIGIBLE FOR RECOGNITION PROGRAMS IN THE PERSONNEL MANUAL WHEREAS, the City Council wishes to adopt policies for city employees; and WHEREAS, the City Council has conferred upon the City Manager the power to establish and administer additional administrative policies and rules as may be appropriate to administer the employment practices of the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, hereby updates applicable areas of Section 15.7 of the Personnel Manual with the following language (underlined and in bold), effective January 1, 2015: Employee Service Recognition Program The City of St. Louis Park will recognize the longevity of its employees by presenting awards for years of service. The Employee Service Recognition Program will recognize paid-on-call firefighters and all benefit earning regular and part-time employees who work 20 or more hours a week, year round for the City of St. Louis Park. Departing Employee Recognition Program The City of St. Louis Park will recognize employees when they retire or depart from the City in good standing by presenting awards based on their years of service. The Employee Retirement Recognition Program will recognize paid-on-call firefighters and all benefit earning regular and part-time employees who work 20 or more hours a week, year round for the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 20, 2014 Consent Agenda Item: 4l MINUTES ENVIRONMENT AND SUSTAINABILITY COMMISSION: SUSTAINABLE SLP ST. LOUIS PARK, MINNESOTA September 3, 2014 Community Room, City Hall MEMBERS PRESENT: Chris Anderson, Terry Gips, Rachel Harris, Tom Hillstrom, Cindy Larson O’Neil, Alex Sundvall, Judy Voigt and Ryan Griffin MEMBERS ABSENT: Rene McGarvey STAFF PRESENT: Phillip Elkin, Erick Francis, Scott Merkley and Jay Hall 1. The meeting was called to order at 6:33 p.m. 2. Two changes were added to the August 6 meeting record, and after a discussion of the actual statement, the commission approved the record as amended. 3. Three staff members from the City of St. Louis Park presented information on GreenStep Cities topics and how the City is conforming to sustainability goals of the program. Scott Merkley, Public Works Services Administrator, discussed the Solid Waste program, which includes recycling and organics collections. Jay Hall, Utilities Superintendent, discussed the City’s water supply and treatment system, the City’s wastewater collection system and the vehicle fleet, along with the BMP’s followed in each of those resources. Erick Francis, Water Resources Manager, discussed the City’s Surface Water Management Plan, stormwater planning and stormwater regulations in the City. In addition, he gave a brief overview of an improvement project on Bass Lake Preserve Park that the City is undertaking. 4. Old Business Commissioner Larson O’Neil updated the Commission on the Energy Work Group’s progress while the projector was set up for the next presentation. Commissioner Tom Hillstrom unveiled the revised SustainableSLP! logo to the Commission members - both the square and rectangle logos that were selected in the last meeting, refined based on comments, and presented to the commission for acceptance. With the understanding that opinions on the logo varied and that tweaks and changes can be made in the future, Commissioner Hillstrom recommended that the Commission vote on accepting the logo. The recommendation was approved 9 to 1. This work group will now focus on developing the web site, both in style and in populating content. Commissioner Gips reported no updates on last month’s discussion of the proposed Sustainability Workshops. Preferred Purchasing Group- was presented by Rachel Harris. The group has completed a draft policy for the City Staff to review and plans to bring the policy recommendations to the October meeting of the Commission, with the goal of having the policy in front of Council by the end of the year. The discussion of 2013 goals update was tabled to next month’s meeting. 5. The meeting was adjourned at 8:03 p.m. Meeting: City Council Meeting Date: October 20, 2014 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Yami Yami On-Sale Wine and 3.2% Malt Liquor License RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from J & R Inc., doing business as Yami Yami, for an On-Sale Wine and 3.2 Malt Liquor License located at 4712 Excelsior Boulevard, for a license term through March 1, 2015. POLICY CONSIDERATION: Does the Council wish to approve the liquor license for Yami Yami? SUMMARY: The City received an application from J & R, Inc., dba Yami Yami, for an On- Sale Wine and 3.2 Malt Liquor License. The restaurant establishment is located at 4712 Excelsior Boulevard. The premise consists of approximately 2,345 square feet, with dine-in seating for 60. J & R, Inc, dba Yami Yami, is owned by Jie Jiang and Tai Ting Siu with 50% interest each. Yami Yami will be serving both Chinese and Japanese style cuisine. The restaurant will be open seven days a week with hours for Monday – Thursday from 11:00 a.m. to 10:00 p.m. Friday and Saturday they will close at 11:00 p.m., and Sunday hours will be from 12:00 noon – 10:00 p.m. The Police Department has run a full background investigation, and nothing was discovered during the course of this investigation that would warrant denial of the license. The application and police report are on file in the City Clerk’s office, should Council members wish to review the information. The required notice of the public hearing was published October 9, 2014. Should Council approve the liquor license, no actual license is issued until all required compliance is met with the City Inspections Department and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees for this applicant include $500 for the police background investigation and $2,750 for the On-Sale Wine and 3.2% Malt Liquor yearly license fee. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Nancy Stroth, City Clerk Approved by: Nancy Deno, Deputy City Manager/HR Director Meeting: City Council Meeting Date: October 20, 2014 Public Hearing Agenda Item: 6b EXECUTIVE SUMMARY TITLE: Bonefish Grill – On Sale Intoxicating and Sunday Sale Liquor License RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from Bonefish Grill, LLC; dba Bonefish Grill, for an on sale intoxicating and Sunday sale liquor license located at 1607 West End Boulevard with the license term through March 1, 2015. POLICY CONSIDERATION: None – the application meets City requirements. SUMMARY: The City received an application from Bonefish Grill for an on sale intoxicating and Sunday sale liquor license operating at 1607 West End Boulevard. The premises will consist of approximately 8,045 square feet with seating for 308. The tentative opening date is scheduled for November 3, 2014. Bonefish Grill LLC owns and operates 194 other Bonefish Grill restaurants, and this will be the first location in Minnesota. The Bonefish Grill LLC chain identifies themselves as the “fresh fish experts” specializing in market fresh fish cooked over a wood-burning grill. The restaurant will be open seven days a week with hours for Monday – Thursday from 10:00 a.m. to 10:30 p.m. Friday and Saturday from 11:00 a.m. to 11:30 p.m., and Sunday hours will be from 10:00 a.m.to 10:00 p.m. The main principals are Joseph Kadow, Executive Vice President/Secretary; and David Deno, CFO/Executive Vice President. Daily operations will be managed by Herbert Schatteles. The Police Department has run a full background investigation, and nothing was discovered during the course of this investigation that would warrant denial of the license. The application and police report are on file in the City Clerk’s office, should Council members wish to review the information. The required notice of the public hearing was published October 9, 2014. Should Council approve the liquor license, no actual license is issued until all required compliance is met with the City Inspections Department and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees for this applicant include $500 for the police background investigation and $8,700 for the on-sale intoxicating and Sunday yearly license fee. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: October 20, 2014 Public Hearing Agenda Item: 6c EXECUTIVE SUMMARY TITLE: Assessment of Delinquent Charges RECOMMENDED ACTION: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to Adopt Resolution to assess delinquent water, sewer, storm water, refuse, abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges. POLICY CONSIDERATION: Does the City Council desire to collect outstanding fees and charges through the special assessment process? SUMMARY: The City certifies delinquent charges to Hennepin County as a means to collect on these accounts. The certification is done via the special assessment process, and becomes a lien on the individual properties that is due over the next year or several years, depending upon the type of charge. Information on the 2014 certification process is provided below. FINANCIAL OR BUDGET CONSIDERATION: Collection of these charges is vital to the financial stability of the City’s utility systems and to reimburse the City for expenses incurred in providing services. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Sample Certification Letter Resolution Levying Assessment Prepared by: Steven Heintz, Finance Supervisor Reviewed by: Brian A. Swanson, Controller Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No . 6c) Page 2 Title: Assessment of Delinquent Charges DISCUSSION BACKGROUND: Each of the customers involved in this special assessment process received a City service. Subsequently, the customers were then billed through our regular billing process. The invoice(s) is/are now past due, and the recommended method of collecting the past due amounts is through certification as a special assessment to the property for the next year or years taxes depending on the delinquency. In advance of the public hearing date, individual letters were mailed to property owners and tenants, if applicable, advising them of the assessment and their right to be heard before the City Council. Per discussion with Council and the resolution passed on September 15, 2014, all delinquent utility accounts have been assessed a $15 administrative fee. This fee is not included in the 2014 amount below so as to provide consistent comparative data. The table below shows comparison data from 2010 - 2014 in relation to number of letters mailed and value of delinquent amounts. Year Number of Letters Delinquent Amounts Final Certification Amounts 2014 1810 $929,886 N/A 2013 1811 $872,661 $475,977 2012 1803 $816,357 $504,937 2011 1631 $834,605 $583,642 2010 1634 $743,023 $447,472 Each year there are a number of residents who pay their delinquent amount(s) before the certification deadline, thereby reducing the final amount certified and sent to Hennepin County. In addition, during the month of October, there are several hundred property owners who contact the City with questions about their outstanding balance(s) and the certification process. The delinquent balance was $697,279 as of the close of business on October 13, 2014. Staff will provide the delinquent amount balance as of the close of business on October 20, 2014 at the Council meeting. Customers have until October 31, 2014 at 4:30 p.m. to pay the delinquent amount. The amounts shown do not include interest, the $30.00 per account administrative fee, or the $75 penalty for utility accounts that are being certified for the second consecutive year. A copy of the assessment roll is on file with the City Clerk’s office for review. NEXT STEPS: After conducting a public hearing, the City Council is asked to direct the assessment of delinquent water, sewer, storm water, refuse, abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges against the benefiting property. Staff will continue to collect payments related to the delinquent accounts and work with residents to resolve issues related to their delinquent accounts. All delinquent accounts outstanding as of October 31, 2014 at 4:30 p.m. will be certified to Hennepin County for collection as part of the owner’s property tax bill. Upon certification, the delinquent amounts will become a lien on the individual properties. At this time, the Accounting Division has not received notice of anyone wanting to speak at the Public Hearing. City Council Meeting of October 20, 2014 (Item No . 6c) Page 3 Title: Assessment of Delinquent Charges 5005 Minnetonka Blvd St. Louis Park, MN 55416-2216 Date of Notice: October 1, 2014 Mailing Address Line 1 Mailing Address Line 2 Mailing Address Line 3 Mailing Address Line 4 RE: Charges Owed: For Delinquent Utility Account: Service Address: Service Address Delinquent Amount: Current WO Balance Account Number: Account Number Customer Number: Customer Number Property I.D. Number: Tax Roll Numeric Dear: Customer Name The City of St. Louis Park encourages its customers to remain current in the payment of their bills. When accounts become delinquent, according to Minnesota law, they may be certified to Hennepin County to be collected with property taxes payable in the next year. City of St. Louis Park records show this account was delinquent as of September 18, 2014. By receiving this letter, this account has been moved into certification, and has received an administrative fee of $15. The 15 administrative fee is not reflected in the delinquent amount above. In an effort to avoid the account from being certified to the property taxes, the City is requesting that payment in full be received at City Hall by Friday October 31, 2014 at 4:30 p.m. If payment in full is not received by that date and time, the outstanding delinquent amount, plus an additional administrative fee of $30, and interest at a rate of 5.85% for 13 months will be sent to Hennepin County for collection with the property taxes in 2015 (total administrative fee is $45). If this account was certified in the prior year, a $75 administrative penalty fee will also be assessed to the account (total administrative fee is $120) The City Council will consider final action on all delinquent accounts at a public hearing during the regular Council meeting on Monday, October 20, 2014 at 7:30 p.m. in the Council Chambers. A written appeal may be presented to the Council at that time, or appeals may also be made to Brian Swanson - Controller, 5005 Minnetonka Blvd., St. Louis Park, MN 55416. The City would like to avoid the certification process, as it adds additional costs to all parties. Please feel free to contact our office at (952) 924-2111 if you have questions regarding this notice. Payments may be made via cash, check, or credit card in person at City Hall, by mailing a check to City Hall, or paying by credit card at https://eub.stlouispark.org/. Payment cannot be accepted over the phone due to payment card industry guidelines protecting customer’s financial information. For those customers who use eBill, please check your “junk” email folder if that address is not on your safe senders list. Thank you for your prompt attention to this matter. Brian Swanson Controller City Council Meeting of October 20, 2014 (Item No . 6c) Page 4 Title: Assessment of Delinquent Charges RESOLUTION NO. 14-____ LEVYING ASSESSMENT FOR DELINQUENT UTILITY ACCOUNTS, TREE REMOVAL/INJECTION, FALSE ALARM FEES AND OTHER MISCELLANEOUS CHARGES WHEREAS, the City Council has heretofore determined by ordinance the rates and charges for water, sewer, storm water and refuse services of the city and has provided for the abatement of tree removal/injection, grass/weed cutting and other miscellaneous charges to a home or business shall be at the expense of the owners of the premises involved; and WHEREAS, all such sums become delinquent and assessable against the property served under Section 6-158, Section 6-206, Section 9-103, Section 9-110, Section 11-2004 of the St. Louis Park Ordinance Code and Minnesota Statutes 18.023, 18.271, 443 and 429; and WHEREAS, Accounting has prepared an assessment roll setting forth an assessment against each tract or parcel of land served by water, sewer, storm water and refuse services of the City or charged for the costs of abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on October 31, 2014; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that said assessment roll is hereby adopted and approved, and there is hereby levied and assessed against each and every tract of land described therein an assessment in the amounts respectively therein abating water, sewer, storm water, refuse, grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on October 31, 2014; and BE IT FURTHER RESOLVED that the Controller is hereby authorized to deliver said assessment roll to the Auditor of Hennepin County for collection of the assessment in the same manner as other municipal taxes are collected and payment thereof enforced with interest from the date of this resolution at the rate of five point eight five percent (5.85 %) per annum. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 20, 2014 Public Hearing Agenda Item: 6d EXECUTIVE SUMMARY TITLE: Public Hearing & First Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corp. RECOMMENDED ACTION: Mayor to open the public hearing, solicit comments, and to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on CenterPoint Energy Resources Corp. and set second reading for November 3, 2014. POLICY CONSIDERATION: Does the City Council desire to increase the franchise fees for CenterPoint Energy to assist in funding the City’s Pavement Management Program? SUMMARY: The City has imposed franchise fees on CenterPoint Energy (CPE) since 2004. The fees were increased in 2011 from $1.25/month to $2.00/month for a residential customer. Keeping with Council direction of reviewing the fees every other year, the fees were increased to $2.50/month for a residential customer in 2013. Staff recommends the fees are increased to $3.25/month for a residential customer in 2015. Staff is proposing, and CPE supports, that their franchise fee is consistent with the franchise fee imposed on Xcel Energy. Staff recommends Council approve the 1st Reading this evening and set the 2nd reading for November 3, 2014. Based on this schedule, the franchise fee increase would be effective February 1, 2015. FINANCIAL OR BUDGET CONSIDERATION: The City’s Pavement Management Program is currently funded by franchise fee revenues, collected by both Xcel and CPE. Based on the current fees, total franchise fees generate approximately $1.62 million annually (CPE - $615,000; Xcel - $997,000). The proposed increase in the CPE franchise fee would add approximately $274,000 in additional annual revenue to the Pavement Management Program, and provide greater sustainability into the future. By implementing this proposed franchise fee increase for 2015, St. Louis Park would still be competitive with other cities in the area. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Franchise Fee Estimate Franchise Fee Ordinance Prepared by: Coty Hemann, Accountant I Steve Heintz, Finance Supervisor Reviewed by: Brian A. Swanson, Controller Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 6d) Page 2 Title: Public Hearing & First Reading of Ordinance Imposing Franchise Fee on CenterPoint Energy DISCUSSION BACKGROUND: In early 2003 the City adopted an ordinance granting CenterPoint Energy (CPE) a natural gas utility franchise in the city. That ordinance allowed the City to impose a franchise fee on CPE. The City Council acted to impose a franchise fee of $1.25/month for a residential customer on CPE which went into effect in January of 2004. These franchise fees were increased by the Council $0.75/month per utility for a residential customer in 2011. This increase took effect on February 1, 2011, which changed the fee to $2.00/month per utility for a residential customer. The fee was increased again in 2013 to $2.50/month for a residential customer. Franchise fees in St. Louis Park are used in their entirety to assist in funding the cost the City experiences to maintain, reconstruct and repair the street system via the City’s Pavement Management Program. Special assessments to property owners have never been used to help fund this program and, starting in 2013, property tax dollars have not been used either. The franchise fee is essentially a user fee collected from customers on their utility bill and paid to CPE. The utility then functions essentially as a pass through entity with the franchise fee revenue being remitted to the City of St. Louis Park. Given funding deficits projected for the City’s Pavement Management Fund over the next ten years, in 2009 the City Council reviewed and determined the City would need to increase franchise fees from time to time to ensure the Pavement Management Program could be continued and fully funded. Council directed staff to reviews the fees every other year. This increase is a part of that plan. PRESENT CONSIDERATIONS: As discussed with the Council most recently on August 25, 2014, staff is proposing a $0.75/month fee increase to residential customers for 2015 to continue funding the Pavement Management Program. Based on customer class, customers would see increases ranging from $0.75/month per utility for residential customers to $28.00/month per utility for large commercial/industrial customers (please see attachment - Franchise Fee Estimate). Residential customers make up approximately 90% of the total customers. It was desired by the City to adopt an ordinance that would allow for automatic annual or alternating year fee increases, but that is not allowed by the Public Utilities Commission. The City also imposes an equivalent franchise fee on Xcel Energy. Staff is also proposing (under separate action) to increase Xcel’s current basic Franchise Fee by $0.75/month per utility for residential customers. Per the City’s Long Range Financial Management Plan, by increasing franchise fees in 2015, it is projected that the Pavement Management Program could be funded entirely by franchise fees making the fund sustainable in the long-term based on projected expenditures and no significant changes to the program. Based on recent discussions with CPE staff, they do not oppose this proposed increase in the franchise fee. NEXT STEPS: The following steps outline the adoption process to be followed: 1. Ordinances must contain all the terms and conditions of the franchise 2. Franchise ordinances require a public hearing 3. At least seven days must pass between first reading (public hearing) and 2nd reading 4. At second reading motion will be “Motion to adopt the ordinance, approve the summary and authorize summary publication” 5. Ordinance becomes effective 90 days following adoption City Council Meeting of October 20, 2014 (Item No. 6d) Page 3 Title: Public Hearing & First Reading of Ordinance Imposing Franchise Fee on CenterPoint Energy Based on the above process, staff has developed the following steps and schedule for adopting the franchise ordinance and franchise fee ordinance: First Reading of Ordinances 10/20/2014 Second Reading of ordinances 11/3/2014 60 days after notifying utilities Ordinance takes effect 2/1/2015 90 days after 2nd reading Utilities begin collection 2/1/2015 City Council Meeting of October 20, 2014 (Item No. 6d) Page 4 Title: Public Hearing & First Reading of Ordinance Imposing Franchise Fee on CenterPoint Energy City of St Louis Park, Minnesota Franchise Fee Estimate Variable Increases Proposed for 2015 Beginning in 2015 and Every Other Year After an Increase of $0.75 For All Non Large C/I, With Large C/I Increase of $28.00. Xcel - Electric CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2015 New Revenue Estimate Current MONTHLY FLAT FEE 2015 New Fee Proposal Residential* 22,242 $667,260 $667,260 $2.50 $3.25 Small C&I – Non-Demand* 1,350 $72,900 $72,900 $4.50 $6.50 Small C&I – Demand 699 $115,335 $115,335 $13.75 $30.00 Large C&I 149 $137,676 $137,676 $77.00 $105.00 Public Street Lighting 75 $0 Municipal Pumping – Non-Demand 21 $1,139 $1,139 $4.50 $6.00 Municipal Pumping – Demand 18 $2,268 $2,268 $10.50 $30.00 Total 24,554 $996,578 $1,420,116 Net Increase $423,539 CenterPoint - Heating Gas CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2015 New Revenue Estimate Current MONTHLY FLAT FEE New Fee Proposal Residential 16,382 $491,460 $638,898 $2.50 $3.25 Commercial B 407 $21,978 $31,746 $4.50 $6.50 Commercial C 519 $85,635 $186,840 $13.75 $30.00 SVDF A & B 75 $12,375 $27,000 $13.75 $30.00 LVDF 4 $3,696 $5,040 $77.00 $105.00 Total 17,387 $615,144 $889,524 Net Increase $274,380 Total $697,919 City Council Meeting of October 20, 2014 (Item No. 6d) Page 5 Title: Public Hearing & First Reading of Ordinance Imposing Franchise Fee on CenterPoint Energy ORDINANCE NO. ______-14 CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”) FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF ST. LOUIS PARK, MINNESOTA. THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of St. Louis Park, County of Hennepin, State of Minnesota. 1.2 Company. CenterPoint Energy Minnesota Gas (“CenterPoint Energy”), its successors and assigns. 1.3 Franchise Ordinance. The franchise ordinance adopted by the City - City Ordinance 2236-03. 1.4 Notice. “Notice” means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, MN 55402. Notice to City shall be mailed to the City Manager, City of St. Louis Park, 5005 Minnetonka Boulevard, St. Louis Park, MN 55416. SECTION 2. GAS FRANCHISE FEE. 2.1 Purpose. The St. Louis Park City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Ordinance, the City has the right to impose a franchise fee on Company. 2.2 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the February 2015 billing month, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential $3.25 per month Firm A $3.25 per month Firm B $6.50 per month Firm C $30.00 per month Small Volume, Dual Fuel A (“SVDF A”) $30.00 per month Small Volume, Dual Fuel B (“SVDF B”) $30.00 per month Large Volume, Dual Fuel (“LVDF”) $105.00 per month 2.3 Account Fee. is fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have City Council Meeting of October 20, 2014 (Item No. 6d) Page 6 Title: Public Hearing & First Reading of Ordinance Imposing Franchise Fee on CenterPoint Energy more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the Company’s manner of billing for energy used at all similar premises in the City will apply. 2.4 Payment. Franchise fees are to be collected by the Company and submitted to the City as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. 2.5 Record Support for Payment. The Company shall make each payment when due and, if required by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, reasonable access to the Company’s records for the purpose of verifying such statements. 2.6 Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts. 2.7 Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of City residents to reimburse the Company for the cost of the fee. 2.8 Relation to Franchise Ordinance. This ordinance is enacted in compliance with the Franchise Ordinance and shall be interpreted as such. 2.9 Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City Manager then determines to be appropriate. Failure to review this ordinance shall not in any way invalidate or limit it. SECTION 3. PREVIOUS FRANCHISE FEE ORDINANCE SUPERSEDED. This Gas Franchise Fee Ordinance supersedes Ordinance No. 2423-12. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect ninety (90) days after its passage. ADOPTED this 20th day of October, 2014, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council October 20, 2014 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Date Published:____________________ Meeting: City Council Meeting Date: October 20, 2014 Public Hearing Agenda Item: 6e EXECUTIVE SUMMARY TITLE: Public Hearing and First Reading of Ordinance Imposing a Franchise Fee on Northern States Power Company (dba Xcel Energy) RECOMMENDED ACTION: Mayor to open the public hearing, solicit comments, and to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on Xcel Energy and set second reading for November 3, 2014. POLICY CONSIDERATION: Does the City Council desire to increase the franchise fees for Xcel Energy to assist in funding the City’s Pavement Management Program? SUMMARY: The City has imposed franchise fees on Xcel since 2004. The fees were increased in 2011 from $1.25/month to $2.00/month for a residential customer. Keeping with Council direction of reviewing the fees every other year, the fees were increased to $2.50/month for a residential customer in 2013. Staff recommends the fees are increased to $3.25/month for a residential customer in 2015. Staff is proposing, and Xcel supports, that their franchise fee is consistent with the franchise fee imposed on Centerpoint Energy. Staff recommends Council approve the 1st Reading this evening and set the 2nd reading for November 3, 2014. Based on this schedule, the franchise fee increase would be effective February 1, 2015. FINANCIAL OR BUDGET CONSIDERATION: The City’s Pavement Management Program is currently funded by franchise fee revenues, collected by both Xcel and Centerpoint. Based on the current fees, total franchise fees generate approximately $1.62 million annually (Centerpoint - $615,000; Xcel - $997,000). The proposed increase in the Xcel franchise fee would add approximately $424,000 in additional annual revenue to the Pavement Management Program, and provide greater sustainability into the future. By implementing this proposed franchise fee increase for 2015, St. Louis Park would still be competitive with other cities in the area. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Franchise Fee Estimate Franchise Fee Ordinance Prepared by: Coty Hemann, Accountant I Steve Heintz, Finance Supervisor Reviewed by: Brian A. Swanson, Controller Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 6e) Page 2 Title: Public Hearing & 1st Reading of Ordinance Imposing Franchise Fee on Northern States Power (dba Xcel Energy) DISCUSSION BACKGROUND: In 1993 the City adopted an ordinance granting Northern States Power Company (D/B/A Xcel Energy) an electrical services utility franchise in the city. That ordinance allowed the City to impose a franchise fee on Xcel. The City Council acted to impose a franchise fee of $1.25/month for a residential customer on Xcel which went into effect in January of 2004. These franchise fees were increased by the Council $0.75/month per utility for a residential customer in 2011. This increase took effect on February 1, 2011, which changed the fee to $2.00/month per utility for a residential customer. The fee was increased again in 2013 to $2.50/month for a residential customer. Franchise fees in St. Louis Park are used in their entirety to assist in funding the cost the City experiences to maintain, reconstruct and repair the street system via the City’s Pavement Management Program. Special assessments to property owners have never been used to help fund this program and, starting in 2013, property tax dollars have not been used either. The franchise fee is essentially a user fee collected from customers on their utility bill and paid to Xcel. The utility then functions essentially as a pass through entity with the franchise fee revenue being remitted to the City of St. Louis Park. Given funding deficits projected for the City’s Pavement Management Fund over the next ten years, in 2009 the City Council reviewed and determined the City would need to increase franchise fees from time to time to ensure the Pavement Management Program could be continued and fully funded. Council directed staff to reviews the fees every other year. This increase is a part of that plan. PRESENT CONSIDERATIONS: As discussed with the Council most recently on August 25, 2014, staff is proposing a $0.75/month fee increase to residential customers for 2015 to continue funding the Pavement Management Program. Based on customer class, customers would see increases ranging from $0.75/month per utility for residential customers to $28.00/month per utility for large commercial/industrial customers (please see attachment - Franchise Fee Estimate). Residential customers make up approximately 90% of the total customers. It was desired by the City to adopt an ordinance that would allow for automatic annual or alternating year fee increases, but that is not allowed by the Public Utilities Commission. The City also imposes an equivalent franchise fee on Centerpoint Energy. Staff is also proposing (under separate action) to increase Centerpoint’s current basic franchise fee by $0.75/month per utility for residential customers. Per the City’s Long Range Financial Management Plan, by increasing franchise fees in 2015, it is projected that the Pavement Management Program could be funded entirely by franchise fees making the fund sustainable in the long-term based on projected expenditures and no significant changes to the program. Based on recent discussions with Xcel staff, they do not oppose this proposed increase in the franchise fee. NEXT STEPS: The following steps outline the adoption process to be followed: 1. Ordinances must contain all the terms and conditions of the franchise 2. Franchise ordinances require a public hearing 3. At least seven days must pass between first reading (public hearing) and 2nd reading 4. At second reading motion will be “Motion to adopt the ordinance, approve the summary and authorize summary publication” 5. Ordinance becomes effective 90 days following adoption City Council Meeting of October 20, 2014 (Item No. 6e) Page 3 Title: Public Hearing & 1st Reading of Ordinance Imposing Franchise Fee on Northern States Power (dba Xcel Energy) Based on the above process, staff has developed the following steps and schedule for adopting the franchise ordinance and franchise fee ordinance: First Reading of Ordinances 10/20/2014 Second Reading of ordinances 11/3/2014 60 days after notifying utilities Ordinance takes effect 2/1/2015 90 days after 2nd reading Utilities begin collection 2/1/2015 City Council Meeting of October 20, 2014 (Item No. 6e) Page 4 Title: Public Hearing & 1st Reading of Ordinance Imposing Franchise Fee on Northern States Power (dba Xcel Energy) City of St Louis Park, Minnesota Franchise Fee Estimate Variable Increases Proposed for 2015 Beginning in 2015 and Every Other Year After an Increase of $0.75 For All Non Large C/I, With Large C/I Increase of $28.00. Xcel - Electric CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2015 New Revenue Estimate Current MONTHLY FLAT FEE 2015 New Fee Proposal Residential* 22,242 $667,260 $667,260 $2.50 $3.25 Small C&I – Non-Demand* 1,350 $72,900 $72,900 $4.50 $6.50 Small C&I – Demand 699 $115,335 $115,335 $13.75 $30.00 Large C&I 149 $137,676 $137,676 $77.00 $105.00 Public Street Lighting 75 $0 Municipal Pumping – Non-Demand 21 $1,139 $1,139 $4.50 $6.00 Municipal Pumping – Demand 18 $2,268 $2,268 $10.50 $30.00 Total 24,554 $996,578 $1,420,116 Net Increase $423,539 Centerpoint - Heating Gas CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2015 New Revenue Estimate Current MONTHLY FLAT FEE New Fee Proposal Residential 16,382 $491,460 $638,898 $2.50 $3.25 Commercial B 407 $21,978 $31,746 $4.50 $6.50 Commercial C 519 $85,635 $186,840 $13.75 $30.00 SVDF A & B 75 $12,375 $27,000 $13.75 $30.00 LVDF 4 $3,696 $5,040 $77.00 $105.00 Total 17,387 $615,144 $889,524 Net Increase $274,380 Total $697,919 City Council Meeting of October 20, 2014 (Item No. 6e) Page 5 Title: Public Hearing & 1st Reading of Ordinance Imposing Franchise Fee on Northern States Power (dba Xcel Energy) ORDINANCE NO. ____ -14 CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ST. LOUIS PARK THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of St. Louis Park, County of Hennepin, State of Minnesota. 1.2 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.3 Franchise Ordinance. The franchise ordinance adopted by the City - City Ordinance 1907-93. 1.4 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Manager, City Hall, 5005 Minnetonka Blvd., St. Louis Park, MN 55416. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. SECTION 2. ELECTRIC FRANCHISE FEE. 2.1 Purpose. The St. Louis Park City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Ordinance the City has the right to impose a franchise fee on Company. 2.2 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the February 2015 billing month, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential $3.25 per month Small C & I with no demand charge $6.50 per month Small C & I with demand charge $30.00 per month Large C & I Municipal $105.00 per month Municipal pumping with no demand charge $6.00 per month Municipal pumping with demand charge $30.00 per month 2.3 Account Fee. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only City Council Meeting of October 20, 2014 (Item No. 6e) Page 6 Title: Public Hearing & 1st Reading of Ordinance Imposing Franchise Fee on Northern States Power (dba Xcel Energy) one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the Company’s manner of billing for energy used at all similar premises in the City will apply. 2.4 Payment. Franchise fees are to be collected by the Company and submitted to the City as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. 2.5 Record Support for Payment. The Company shall make each payment when due and, if required by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, reasonable access to the Company’s records for the purpose of verifying such statements. 2.6 Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts. 2.7 Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of City residents to reimburse the Company for the cost of the fee. 2.8 Relation to Franchise Ordinance. This Ordinance is enacted in compliance with the Franchise Ordinance and shall be interpreted as such. 2.9 Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City Manager then determines to be appropriate. Failure to review this ordinance shall not in any way invalidate or limit it. SECTION 3. PREVIOUS FRANCHISE FEE ORDINANCE SUPERSEDED. This Electric Franchise Fee Ordinance supersedes Ordinance No. 2424-12. SECTION 4. EFFECTIVE DATE. This Ordinance takes effect ninety (90) days after its passage. ADOPTED this 20th day of October, 2014, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council October 20, 2014 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Date Published:____________________ Meeting: City Council Meeting Date: October 20, 2014 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Adoption of 2015 Utility Rates RECOMMENDED ACTION: Motion to Adopt Resolution setting the 2015 Utility Rates. POLICY CONSIDERATION: Does the City Council desire to set the 2015 Utility Rates as proposed? SUMMARY: At the October 13, 2014 study session, staff presented the proposed utility rates to Council. City staff, in conjunction with consultants, analyzed the City’s utility operations and capital plans over the next 10 years to determine if rate adjustments are needed to maintain long term sustainability in each of the four utility funds. The City Council reviewed and discussed information provided by staff over the course of the year to determine the proposed utility rates for 2015 to be considered this evening. Based on analyses from information in the CIP and the plan approved by Council, which is the continued phased-in increase to the fixed fee for the Water Fund as a means to reduce some of the seasonal volatility, changes in utility rates are being recommended. The changes are consistent with information Council received in the past and are in line with the goals of achieving long-term sustainability in the funds and promoting a decrease in refuse. For 2015, the approximate cumulative effect on a typical residential property for all the utility rate adjustments would be an increase of $44.76, or 4.59% for the year, or approximately $3.73 per month. This calculation is based on a family of four using 30 units of water per quarter (22,500 gallons), and 60 gallon solid waste service. The recommended rates will be in place for consumption or services provided beginning on January 1, 2015. The attached resolution provides specific information on the recommended rate adjustments for each fund. FINANCIAL OR BUDGET CONSIDERATION: The utility rates will support necessary city services to be provided during 2015. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: 2015 Proposed Utility Rates - Impact on a Residential Property Resolution Prepared by: Coty Hemann, Accountant I Steven Heintz, Finance Supervisor Reviewed by: Brian Swanson, Controller Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 8a) Page 2 Title: Adoption of 2015 Utility Rates CITY OF ST. LOUIS PARK ESTIMATED QUARTERLY UTILITY BILL ACTUAL 2014 AND PROPOSED 2015 Household Size 4 Units per quarter 30 Solid Waste Service 60-gallon Meter size 3/4 inch Actual Proposed Dollar Percent Service Type 2014 2015 Change Change Notes Water Per unit rate - Tier 1 1.49$ 1.55$ 0.06$ 4.03% Service charge 17.47$ 19.91$ 2.44$ 13.97% State testing fee 1.59$ 1.59$ -$ 0.00% Consumption 44.70$ 46.50$ 1.80$ 4.03% Sewer Service charge 13.83$ 14.52$ 0.69$ 4.99% Per unit 2.69$ 2.84$ 0.15$ 5.58% Consumption 80.70$ 85.20$ 4.50$ 5.58% Storm Drainage Service charge 17.60$ 19.36$ 1.76$ 10.00% Bassett Creek Fee*1.93$ 1.93$ -$ 0.00%Bassett Creek fee Solid Waste (includes tax)68.05$ 68.05$ -$ 0.00% Total Bill without Bassett*243.94$ 255.13$ 11.19$ 4.59%Not including BCWMC Increase per quarter (dollars)11.19$ Increase per year (dollars)44.76$ * Since not all property owners would be charged this fee, it is not included in the dollar or percentage change in total bill. City Council Meeting of October 20, 2014 (Item No. 8a) Page 3 Title: Adoption of 2015 Utility Rates RESOLUTION NO. 14-____ RESOLUTION SETTING UTILITY RATES WHEREAS, the City Council of the City of St. Louis Park, Minnesota has received a report through the Controller related to proposed utility rates; and WHEREAS, it is necessary for the city to maintain charges in an amount necessary to cover the cost of providing service to users; and WHEREAS, maintaining rates through regular adjustment is a recommended practice rather than large intermittent increases; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, MN, that: 1. The water rates as recommended are hereby adopted. Description Units of Usage* Adopted Rate Tier1 0 - 40 units (0-30,000 gallons) $1.55 Tier 2 41-80 units (30,001 – 60,000 gallons) $1.93 Tier 3 >80 units (>60,000 gallons) $2.89 Commercial All units $1.55 Irrigation All units $2.89 *1 unit equals 100 cubic feet or 750 gallons 2. The water meter charges recommended are hereby adopted. Residential/Multi-family Quarterly Fee Commercial Monthly Fee Meter Size 2015 2015 5/8" $19.91 $6.64 3/4" $19.91 $6.64 1" $27.87 $9.29 1.5" $35.84 $11.95 2" $57.74 $19.25 3" $219.01 $73.00 4" $278.74 $92.91 6" $418.11 $139.37 2" compound $57.74 n/a 3" compound $219.01 n/a 3. The Minnesota Department of Health state testing for water quality will continue to be imposed at a rate of $1.59 per quarter for residential and multi-family and $0.53 per month for commercial accounts. 4. The sanitary sewer usage rate recommended is hereby adopted at $2.84 per unit. City Council Meeting of October 20, 2014 (Item No. 8a) Page 4 Title: Adoption of 2015 Utility Rates 5. The sanitary sewer base charge recommended is hereby adopted at $14.52 per quarter for residential and multi-family accounts and $4.84 per month for commercial accounts. 6. The storm sewer rate recommended is hereby adopted at $19.36 per quarter per residential equivalent unit or $32.27 per month per residential equivalent unit for commercial accounts. 7. The Bassett Creek Watershed Management Charge pass through for properties located within the Bassett Creek Watershed Management District will be $1.93 per quarter per residential equivalent unit or $0.64 per month per residential equivalent unit. 8. The solid waste service charges per quarter recommended are hereby adopted. Service Level In Gallons Rates – without tax 20 $31.93 30 $49.75 60 $64.58 90 $87.14 120 $111.24 150 $134.42 180 $157.59 270 $222.48 360 $315.18 450 $417.15 540 $500.58 9. The organic waste service charge recommended is hereby adopted at $10.00 per quarter for residential accounts. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 20, 2014 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership RECOMMENDED ACTION: Motion to Adopt Resolution approving the Conditional Use Permits for NLD 394 LLC for a new Kia Dealership, with conditions as recommended by staff and the Planning Commission. POLICY CONSIDERATION: Is the proposed Conditional Use Permit consistent with the Zoning Ordinance and the Comprehensive Plan? SUMMARY: NLD 394 LLC is requesting three Conditional Use Permits (CUPs) to construct a new Kia Dealership at 6475 and 6501 Wayzata Boulevard, the site of the former Shelley’s Woodroast and Bennigan’s Restaurants. The proposed redevelopment is to construct a new 26,471 square foot building, parking lot and new landscaping. The proposal also includes an underground storm water management system. The request includes the combination of the two parcels and demolition of all existing structures. Demolition is anticipated to begin this winter with a store opening late summer of 2015. The property is zoned C-2 General Commercial, is guided Commercial in the Comprehensive Plan and is 2.7 acres in area. A CUP is required for Motor Vehicle Sales in the C-2 district. The proposed project meets all zoning and comprehensive plan requirements. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Aerial Photo Draft Resolution Excerpt of Planning Commission Minutes Development Plans Prepared by: Ryan Kelley, Associate Planner Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of 2FWREHU, 2014 (Item No. 8b) Page 2 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership DISCUSSION BACKGROUND: The site at 6475 Wayzata Boulevard was previously a Bennigan’s restaurant and the site at 6501 was previously Woodroast Grill. Bennigan’s closed in 2008 and Woodroast closed in 2012 and both properties have been vacant since that time. The properties are located in the Eliot Neighborhood and are bordered by Wayzata Boulevard on the north, office property to the east, a Hyundai dealership to the west, and multi-family residential to the southwest. Car dealerships are allowed in the C-2 Commercial District by CUP. In order to establish the Kia Dealership at the proposed site the applicant is applying for three Conditional Use Permits for the project: 1. Motor Vehicle Sales & Service, 2. Motor Vehicle Repair, and 3. Land Reclamation and Grading. The City requires a CUP for excavating or filling a site by more than 400 cubic yards which necessitates the third permit above. The proposed redevelopment is to construct a new 26,471 square foot building and parking lot and install new landscaping to establish a new Kia dealership. The project also includes the construction of a retaining wall around the southern portion of the property in order to grade the site. Currently, a portion of the redevelopment site lies within a Federal Emergency Management Agency (FEMA) Floodplain. The applicant is working with FEMA through the Minnesota Department of Natural Resources (DNR), Bassett Creek Watershed District and the City’s Water Resources Manager to establish a base elevation and revise the floodplain map. A study has previously been completed by Barr Engineering which establishes a base elevation in the area of the subject properties. This base elevation and pending map revision reduces the impact on the property from the current floodplain designation. Approval of the map revision is a condition of approval. ZONING REVIEW 1. Architectural: Building Materials City Code requires a minimum of 60% Class I materials on each building elevation. The Class I materials consist of glass and stucco and account for the percentage of each elevation as follows: North (Wayzata Blvd): 61% South: 72% East: 88.7% West: 91.5% Exterior elevations of the proposed building are attached. This requirement is met. 2. Grading and Stormwater. The applicant will be grading the site to address the floodplain revision indicated above. The applicant has submitted a stormwater management plan that has received approval from City engineering staff. Impervious surface is proposed to be reduced by approximately two percent on the site with storm water management achieved through landscaping and an underground storage system. City requirements are met through the proposed system. FEMA approval of the map revision and Watershed District approval are included in the recommended conditions of approval for the CUP. 3. Height. The maximum height in the C-2 Zoning District is six stories or 75 feet in height, whichever is less. The proposed height is 26 feet. This requirement is met. 4. Landscaping. New landscaping will be installed around the perimeter of the building, throughout the parking lot in four landscaped traffic islands and around the perimeter of the site. The redevelopment will remove 25 significant trees and retain 13 significant trees. City Council Meeting of2FWREHU, 2014 (Item No. 8b) Page 3 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership Thirty new trees will be planted onsite and cash in lieu of the required additional 22 caliper inches will be paid, which satisfies the City’s tree replacement requirements. Additionally, a mix of perennials and shrubs will be planted to screen the parking lot from Wayzata Boulevard between the two access drives, and a 6 foot high fence and spruce trees will be placed along the southwest property line adjacent to the residential parcel. This requirement is met. 5. Lighting. Lighting elements have been located to provide sufficient lighting of parking lot areas and to minimize light spillover past the property line. The poles are 25 feet in height, which is allowed by Code. The submitted plan meets City Code for outdoor lighting. 6. Parking. The zoning ordinance requires a minimum of 64 customer and employee parking spaces per the sales and service and repair uses onsite. The applicant proposes 65 customer and employee parking spaces which will be designated and marked on the property. This requirement is met. 7. Setbacks. The required and proposed setbacks for the building and parking in the C-2 Zoning District are detailed in Table 1 below. This requirement is met. Table 1 8. Signage. City Code requires all signage to be located on the property where the use being advertised is occurring. A new sign Kia sign is proposed near the west entrance drive at Wayzata Boulevard. This sign will be backlit, and meets the height and size requirements of the Code. 9. Utilities. The Zoning Ordinance requires all utilities for new construction to be buried underground. The development intends to use existing utilities, which are currently underground. CONDITIONAL USE PERMIT REVIEW Motor vehicle sales. The conditions are as follows: a. No previously registered but currently unlicensed or nonoperable vehicles shall be stored on premises. This is a condition of approval. b. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles. This is a condition of approval. c. All open sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the open sales or rental lot. This is a condition of approval. Setbacks Building Parking Required Minimum Provided Required Minimum Provided Front (North) 5 feet ~ 90 feet 5 feet Min. 14.6 feet Side (East) 15 feet 78 feet 5 feet Min. 5.5 feet Side (West) 15 feet 84 feet 5 feet 10.5 feet Rear (South) None required 161 feet 5 feet 11.9 feet City Council Meeting of2FWREHU, 2014 (Item No. 8b) 3age 4 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership d. The building and the sales or rental lot shall be on one contiguous site. This condition will be met once the parcels are combined. A lot combination is a condition of approval. e. String lighting shall be prohibited. This is a condition of approval. f. The area of open sales or rental lot used for storage and display of merchandise shall not exceed two square feet for every one square foot of building on the site devoted to the same or a similar use or accessory use. This condition is met. The sales area of the proposed building is 12,241 square feet so 24,482 square feet are allowed for open sales. The area proposed for open sales is approximately 20,256 square feet. g. No test driving shall be permitted on local residential streets. This is a condition of approval. h. No outdoor public address system shall be permitted. This is a condition of approval. i. All customer and employee parking shall be clearly designated and signed. This is a condition of approval. j. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. This is a condition of approval. An illustration of transport vehicle movement is attached. k. No display or storage of motor vehicles shall be permitted on any public right-of way. This is a condition of approval. l. The storage lot shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03) This condition is met. m. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. This condition is met. The property is designated Commercial in the Comprehensive Plan. Motor vehicle service and repair. The conditions are as follows: a. No public address system shall be audible from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. This is a condition of approval. b. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. This is a condition of approval. City Council Meeting of 2FWREHU, 2014 (Item No. 8b) 3age 5 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership c. Test driving shall be prohibited on any street in an R or O district. This is a condition of approval. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. This condition is met. e. The building housing the use shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. In the case of an automatic carwash where the vehicular entrance and exit doors do not face said parcel within 100 feet, the building shall be located a minimum of 95 feet from said parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03) This condition is met. Land Reclamation: The conditions are as follows: Equipment and Fill Equipment used in the grading and fill of the site will consist of typical heavy construction vehicles such as bulldozers, dump trucks, backhoes and bobcats. The material to be used on site will be appropriate for the purpose and certified by licensed geotechnical engineers and special inspectors through the grading process. Haul Route and Duration The properties are located on Wayzata Boulevard. The properties will be accessed from Interstate 394 and Wayzata Boulevard via the Louisiana Avenue or Xenia/Park Place exits. Trucks will not travel on local residential streets. Site preparation work, such as demolition, is anticipated to begin in December 2014. Construction of the perimeter retaining wall, installation of the underground storm water system and the import of fill is anticipated to take place in the spring of 2015. Site Safety and Control of Material All fire safety requirements will be adhered to throughout the construction process and general maintenance of the site will be provided. Trucks hauling material to the site will use secured tarps or covers over the truck beds and fill material will be compacted as it is brought on site and standard practices such as wetting material will be used to limit any material blowing offsite. PLANNING COMMISSION REVIEW: The Planning Commission held a public hearing on September 17, 2014 regarding the CUP. No one was present to speak and no comments were submitted. The Planning Commission recommended approval of the CUP with staff recommendations. An excerpt of the Planning Commission meeting minutes are attached. City Council Meeting of 2FWREHU, 2014 (Item No. 8b) 3age 6 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership Aerial Photo City Council Meeting of 2FWREHU, 2014 (Item No. 8b) 3age 7 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership RESOLUTION NO. 14-____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MOTOR VEHICLE SALES, SERVICE AND REPAIR AND GRADING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 6475 AND 6501 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. NLD 394 LLC has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose grading land and permitting motor vehicle sales, service and repair within a C-2 General Commercial District located at 6475 and 6501 Wayzata Boulevard for the legal description as follows, to-wit: Lots 3 and 4, Block 1, Lou Park Addition, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14-21-CUP) and the effect of the proposed car dealership on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the car dealership will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed car dealership is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 14-21-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit grading, motor vehicle sales, service and repair at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. All conditions for storm water management shall be met. 3. Prior to any land disturbing activities, excluding building demolition, the following conditions shall be met: a. All necessary permits must be obtained, including from the Bassett Creek Watershed District. City Council Meeting of 2FWREHU, 2014 (Item No. 8b) 3age 8 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership b. A Conditional Letter of Map Revision-Fill must be approved by FEMA. c. Trucks bringing fill to the site must adhere to a haul route as outlined in the Official Exhibits. d. Certification must be provided that fill material to be used on site is clean and meets industry standards for the purpose. 4. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and irrigation, storm water management, and the repair/cleaning of public streets and utilities. b. The two subject properties must be combined into one parcel and proof of recording the combination with Hennepin County must be provided to the City. c. Applicant shall submit cash in lieu of trees required per the City’s tree replacement calculation at $115 per caliper inch not provided. d. Assent form and official exhibits must be signed by the applicant (or applicant and owner if applicant is different from owner). 5. The applicant shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 6. All utilities shall be buried. 7. No previously registered but currently unlicensed or innoperable vehicles shall be stored on premises. 8. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles. 9. Inventory sold on the open lot must be the same, or associated with inventory sold within the building. 10. String lighting shall be prohibited. 11. No test driving shall be permitted on local residential streets. 12. No outdoor public address system shall be permitted. 13. Parking spaces for customers, employees, and inventory shall be signed and used as indicated on the Official Exhibit. 14. No motor vehicle transport stopping, loading or unloading shall be permitted on any public street. The property owner is responsible for any damage to public right-of- way property and infrastructure and will be required to cover any expenses related to the repair of such damage. 15. No display or storage of motor vehicles shall be permitted on any public right-of-way. 16. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 17. Approval of a Building Permit, which may impose additional requirements. City Council Meeting of 2FWREHU, 2014 (Item No. 8b) 3age 9 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of 2FWREHU, 2014 (Item No. 8b) 3age 10 Title: Conditional Use Permit for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership Excerpts Planning Commission Minutes September 17, 2014 3. Public Hearings A. Conditional Use Permit for Motor Vehicle Sales, Service and Repair for new Kia Dealership Location: 6475 and 6501 Wayzata Boulevard Applicant: NLD 394 LLC Case No.: 14-21-CUP Ryan Kelley, Associate Planner, presented the staff report. Mr. Kelley noted that the application also includes a conditional use permit for land reclamation. Commissioner Peilen asked about conditions of approval that are specific to this request. Mr. Kelley responded that a specific condition of approval relates to the FEMA Letter of Map Revision that must be approved. John Fuller, architect, Coleridge Partners, stated that Mr. Kelley covered all areas of the request. Commissioner Kramer asked about the FEMA map revision in light of recent rain and floods. Mr. Kelley said the flood plain of the property is called an unnumbered A which means a base flood elevation had not been established. There is the opportunity to have a consulting firm or engineer establish that elevation which is then reviewed by FEMA, then the property may be removed from floodplain designation. Chair Carper asked Mr. Fuller if any type of energy conserving lighting will be used for the project. Darwin Lindahl, Darwin Lindahl Architects, said LED will be used for the site lighting and for some interior lighting. The Chair asked if any solar power will be used. He asked if the site would include a green roof to mitigate some of the runoff. Mr. Lindahl responded that solar power will not be used, nor will a green roof be installed. Colors will be chosen to reduce heat gain, however. The Chair opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Robertson said he was looking forward to seeing a new business and activity on the site and it will be a nice addition to St. Louis Park. The Chair said he was also looking forward to the development. Commissioner Kramer made a motion to recommend approval of the Conditional Use Permit for motor vehicle sales, motor vehicle service and repair, and land reclamation. Commissioner Robertson seconded the motion, and the motion passed on a vote of 6-0. Meeting: City Council Meeting Date: October 20, 2014 Action Agenda Item: 8c EXECUTIVE SUMMARY TITLE: Business Park Zoning Amendments RECOMMENDED ACTION: Motion to approve the first reading of an ordinance amending the Business Park zoning district, and set second reading for November 3, 2014. POLICY CONSIDERATION: Does the City Council wish to approve zoning ordinance amendments intended to better accommodate uses in the Business Park district? SUMMARY: Description of Request: Changes to the Business Park (BP) zoning district have been discussed over the past 6-9 months with property owners and the Planning Commission. As the new district has been implemented, property owners have been able to provide feedback on changes to the district to better meet market needs. The proposed amendments are attached for your consideration. Business Park is a zoning district that was created to facilitate a changing industrial market to allow additional uses, make viable existing industrial spaces, and prohibit new uses that have heavy truck traffic, heavy manufacturing, and outdoor storage. The principal changes are: • Change both Light Assembly and Warehouse/Storage from “Conditional Use Permit” to “Permitted with Conditions.” This enables users to simply obtain building permits (vs. a two-month application process) if all of the conditions are met. • Increases in the percent of building area that may be used for certain uses, such as Group daycare; Indoor entertainment and Studios to facilitate better use of existing spaces, particularly in the current market conditions where redevelopment is not yet imminent and the buildings are not ideally suited for industrial uses. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Planning Commission Minutes - Excerpt Ordinance Prepared by: Meg McMonigal, Planning and Zoning Supervisor Sean Walther, Senior Planner Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 8c) Page 2 Title: Business Park Zoning Amendments DISCUSSION BACKGROUND: Earlier this year, the City applied the new Business Park (BP) zoning district to several properties. The intent of the BP zoning district was to both allow some new uses in the older industrial areas, and to limit some of the heavier industrial uses in the areas around the LRT stations. During our discussions with property owners, some areas of the zoning district text were suggested for modification, and staff has pursued these changes and is suggesting the proposed amendments in the attached ordinance. Business Park is primarily in place around the LRT station areas. It is partially acting as an interim zoning district as we continue work on our form-based code. The intent is to adopt a form-based ordinance that is more proactive in our station areas; this is expected to be further discussed throughout the first half of 2015, with possible adoption later in the year. Summary of proposed amendments: • Change both Light Assembly and Warehouse/Storage from “Conditional Use Permit” to “Permitted with Conditions.” This allows the use to obtain a building permit if all of the conditions listed are met; no public hearing would be required. The purpose of this change is to allow these uses, which are common now in the buildings zoned BP, to relatively easily continue business. • Increases in the percent of a use allowed in the BP district, such as Group daycare; Indoor entertainment and Studios. The purpose of this change is to facilitate better use of existing spaces, particularly in the current market conditions where redevelopment is not yet imminent and the buildings are not quite suited for industrial uses. Planning Commission Action Staff spent time with the Planning Commission discussing the proposed amendments over the past several months. A public hearing was held on September 17, 2014; no one was present to speak on these amendments. The Planning Commission recommended approval 6-0. City Council Meeting of October 20, 2014 (Item No. 8c) Page 3 Title: Business Park Zoning Amendments EXCERPT UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 17, 2014 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Lisa Peilen, Carl Robertson, Joe Tatalovich, MEMBERS ABSENT: Richard Person, Charlie Dixon (youth member) STAFF PRESENT: Ryan Kelley, Sean Walther, Nancy Sells B. Business Park Zoning Amendments Applicant: City of St. Louis Park Case No.: 14-13-ZA Sean Walther, Senior Planner, presented the staff report. He provided background on the changes which have been discussed by the Planning Commission at study sessions. Changes are also based on staff discussions with Business Park property owners. Chair Carper asked if there is a concern about a lack of notification to the public if light assembly and warehouse/storage are permitted administratively rather than through the conditional use permit. Mr. Walther stated that in most cases the Business Park district is going to be adjacent to other commercial/industrial districts. The Chair opened the public hearing. As no one was present wishing to speak the Chair closed the public hearing. Commissioner Peilen made a motion to recommend approval of the amendments to the Business Park zoning district. Commissioner Kramer seconded the motion, and the motion passed on a vote of 6-0. City Council Meeting of October 20, 2014 (Item No. 8c) Page 4 Title: Business Park Zoning Amendments ORDINANCE NO. ____-14 AN ORDINANCE AMENDING THE ST. LOUIS PARK CITY CODE RELATING TO ZONING SECTIONS 36-232 AND 36-233 BUSINESS PARK DISTRICT REGULATIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14-13-ZA). Sec. 2. The St. Louis Park Zoning Ordinance, Sections 36-232 and 36-233 are hereby amended by deleting stricken language and adding underscored language. DIVISION 7. BUSINESS PARK DISTRICT REGULATIONS* Sec. 36-231. Purpose of division. The provisions of this division deal with business park uses of land and structures in the city. Sec. 36-232. Business Park (BP) district restrictions and performance standards. No structure or premises within any BP district shall be used for any use allowed as permitted, permitted with conditions, Conditional Use Permit, or Planned Unit Development, unless it complies with the following regulations: (1) All activities conducted in a BP district shall be conducted wholly within an enclosed structure except as specifically permitted elsewhere in this chapter. (21) Outdoor storage shall be prohibited in the BP district. (32) All delivery service entrances to a building in the BP district shall be from a public alley, service alley, or off-street parking lot. (43) No vehicular curb-cuts shall be permitted within a distance of 50 feet from any intersection, unless the City Engineer determines that such a curb-cut is necessary and will be safe for pedestrians or bicyclists using nearby trails, sidewalks, or roadways. (54) Structures Uses shall not generate significant traffic on local residential streets. Where possible, structuresthe premises shall be accessed from a roadway identified in the Comprehensive Plan as a collector or arterial. (65) Off-street parking shall not be located between any buildings and an adjacent residential property line. (76) The Zoning Administrator shall review plans for all loading docks, which to the greatest extent possible should be screened from the right-of-way and should not be located between the principal building and any adjacent residential property line. City Council Meeting of October 20, 2014 (Item No. 8c) Page 5 Title: Business Park Zoning Amendments (87) Truck activity routes shall be reviewed to account for the expected level of pedestrian traffic. Such routes should be designed to minimize impacts to pedestrian and bicycle routes and safety issues during periods of truck activity. (98) The processes and equipment used to conduct the business of a primary use on any site in the BP district shall meet the following requirements: a. Vibration. Any vibration discernible beyond the property line to the human sense of feeling for three minutes or more duration (cumulative) in any one hour and any vibration producing a particle velocity of more than 0.035 inch per second are prohibited. b. Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosure so as not to be perceptible at the property line. c. Noise. Noise levels both inside and outside of buildings must meet federal, state and local requirements which may be amended from time to time. d. Air pollution. All emissions shall meet federal, state and local requirements which may be amended from time to time. (109) Uses located upon parcels located adjacent to a parcel zoned, guided or used for residential purposes may operate only between the hours of 7:00 AM and 10:00 PM. The Zoning Administrator may, in writing, waive this performance standard if it can be demonstrated that overnight operations will have no negative effects on adjacent properties. (1110) Sidewalks at least five feet in width shall be provided along all sides of the lot that abut a public street. Sec. 36-233. BP business park district. (a) Purpose / effect. The purposes of the BP business park district are to: (1) Encourage the creation of significant employment centers that accommodate a diverse mix of office and light industrial uses and jobs. (2) Allow for redevelopment and intensification of sites to provide a greater diversity of employment opportunities within the community, increase development densities and jobs per acre, and improve overall site aesthetics and building design. (3) Shape redevelopment to meet the requirements of the market to provide efficient building types with sufficient access, high clear heights, truck courts, and aesthetically pleasing building exteriors and sites. (4) Encourage and support the appropriate evolution and expansion of individual businesses to improve the climate for business growth and foster conditions favorable to increasing the amount of finished square footage and the number of jobs per acre in BP areas. City Council Meeting of October 20, 2014 (Item No. 8c) Page 6 Title: Business Park Zoning Amendments (5) Protect planned Business Park areas from encroachment from non-affiliated or incompatible uses, while enhancing their compatibility with nearby residential areas. (6) Promote and support the redevelopment or rehabilitation of physically and economically obsolete or underutilized buildings and sites. (7) Promote business park developments that utilize efficient land use and building designs, including multi-story buildings, multi-tenant buildings, and structured parking. (8) Encourage and support new business park developments that are designed as employment centers that are integrated in to the community with strong connections to adjacent public streets and spaces, natural features, transit, and other community amenities. (9) Encourage shared parking between uses, including flexible parking arrangements to allow for multi-modal use of available transit and regional trail facilities. (10) Regulate the trade and commerce of the community. (1110)Provide opportunities for multi-modal activity on streets and an improved, desirable environment for pedestrians and other non-motorized modes of transportation. (b) Permitted uses. The following uses with a floor area ratio (FAR) of less than 1.0 are permitted in the BP district: (1) Banks. (2) Business / trade school. (3) College / University. (4) Libraries. (5) Medical and dental office or laboratory. (6) Museums/art galleries. (7) Offices. (8) Parks and open spaces. (9) Parks and recreation. (10) Police and fire stations. (11) Research and Development. (12) Transit stations. (c) Uses permitted with conditions. A structure or land in any BP district may be used for one or more of the following uses if it has a floor area ratio (FAR) of less than 1.0 and complies with the performance standards as stated in Section 36-232 and the conditions stated below: City Council Meeting of October 20, 2014 (Item No. 8c) Page 7 Title: Business Park Zoning Amendments (1) Adult Day Care. The conditions are as follows: a. The use must have a minimum of 150 square feet of outdoor area per adult under care dedicated to outdoor activity or be within ¼ mile of a city park. (2) Brewery. The conditions are as follows: a. The brewery shall not produce more than 3,500 barrels of malt liquor per year. b. Up to 25% of the gross floor area of the Brewery may be used for any combination of retail and a taproom. (3) Catering. The conditions are as follows: a. Any exhaust system venting to the outdoors shall be located away from residential areas. b. Outside storage of catering vehicles or associated equipment is prohibited. (4) Communication Antennas. The conditions are as follows: a. Antennas must be attached to an existing structure. b. Antennas shall be subject to all provisions of Section 36-368, “Communication Towers and Antennas”. (5) Educational. Educational uses for students grades K-12, subject to conditions as follows: a. The use must have a minimum of 40 square feet of outdoor area per student dedicated to outdoor student activity or be within ¼ mile of a city park. b. The use may not exceed 25% of the gross floor area of a single story building or 50% of the ground floor in a multi-story building. (6) Group Day Care/Nursery Schools. The conditions are as follows: a. The use must have a minimum of 40 square feet of outdoor area per child pupil dedicated to outdoor activity or be within ¼ mile of a city park. b. The use may not exceed 2550% of the gross floor area of a single story building or 50% of the ground floor in a multi-story building. c. Provision shall be made for drop-off and pick-up of children or students. (7) Indoor Entertainment. The conditions are as follows: a. The use may not exceed 1025% of the gross floor area of a multi-use building. b. The use must be so located as to be visible and easily accessible to pedestrians from the public right-of-way. City Council Meeting of October 20, 2014 (Item No. 8c) Page 8 Title: Business Park Zoning Amendments (8) Public Service Structures. The conditions are as follows: a. All structures shall be located a minimum of ten feet from any parcel that is zoned residential. b. All service drives shall be paved. (9) Restaurants, Retail or Service. The conditions are as follows: a. The uses may not exceed of 25% of the gross floor area of a single-story multi- use building or 50% of the ground floor area in a multi-story building, whichever is greater. b. The uses must be so located as to be visible and easily accessible to pedestrians from the public right-of-way. (10) Studios. The conditions are as follows: a. The use may not exceed 2550% of the gross floor area of a multi-use building. (11) Light Assembly or Low Impact Manufacturing and Processing up to 60% of building. a. All outdoor activities such as loading and unloading shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers, and where possible shall be located on the side of the building farthest from any parcel that is zoned or used for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. (12) Warehouse/Storage up to 60% of building. a. All outdoor activities such as loading and unloading shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers, and where possible shall be located on the side of the building farthest from any parcel that is zoned or used for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. (d) Uses permitted by conditional use permit. No structure or land in a BP district shall be used for the following uses except by conditional use permit. These uses shall comply with all standards of the Zoning Ordinance, Chapter 36, and shall only be permitted if findings are produced indicating that there are no adverse impacts upon the health, safety, and welfare of the community. (1) Uses allowed as “Permitted” or “Permitted with Conditions” in the BP district with a floor area ratio (FAR) equal to or greater than 1.0. (2) Light Assembly or Low Impact Manufacturing and Processing. City Council Meeting of October 20, 2014 (Item No. 8c) Page 9 Title: Business Park Zoning Amendments (23) More than one principal building. a. Uses where more than one principal building is located on a single lot. (3(4) Parking Ramps. a. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a “Collector” or higher in the Comprehensive Plan shall be dedicated to non-parking uses. This requirement may be adjusted at the direction of the Planning Commission based on specific reasons related to site design. b. Parking ramps shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. c. Snow removal areas shall not be located in the front yard or side yard abutting a street. (e) Uses permitted by PUD. A structure or land in a BP district may be dedicated to non- residential uses meeting the purpose and effect of the Zoning District through the PUD process, if such uses are primarily dedicated to increasing employment density and furthering the goals of the Comprehensive Plan. Such uses shall comply with the requirements of the performance standards in Section 36-232. Provisions for the PUD and modifications to dimensional standards and densities are provided under section 36-367. (f) Accessory uses. Within any BP district, the following shall be permitted accessory uses, subject to any required conditions: (1) Food Service. The conditions are as follows: a. The use must be located on the ground floor. b. The use may not exceed 25% of the building’s total floor area. (2) Incidental Repair or Processing ancillary to the principal use that does not exceed 5 percent of the gross floor area, subject to the following conditions: a. The use shall be located to the rear of the principal structure. b. The use shall meet all conditions of Sections 36-232 (8) (a) and (b). (3) Large Item Retail Sales. The conditions are as follows: a. The use may not exceed 15% of the building’s total floor area. (4) Outdoor seating and service of food and beverages is permitted as an accessory use with the following conditions: City Council Meeting of October 20, 2014 (Item No. 8c) Page 10 Title: Business Park Zoning Amendments a. The use must be separated from any adjacent residential use by a building wall or six foot fence. This provision will not apply if the residential use is located on an upper story above the principal use. b. No speakers or other electronic devices which emit sound are permitted if the use is located within 500 feet of a residential use. c. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if the use is located within 500 feet of a residential use. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (5) Parking ramps, subject to the following conditions: a. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a “Collector” or higher in the Comprehensive Plan shall be dedicated to non-parking uses. This requirement may be adjusted at the direction of the Planning Commission based on specific reasons related to site design. b. Parking ramps shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. c. Snow removal areas shall not be located in the front yard or side yard abutting a street. (6) Parking Lots. (7) Post Office Customer Service. (8) Showroom. (9) Warehouse / Storage. (g) Dimensional standards. The dimensional standards are as follows: (1) The height of structures or buildings on sites within the BP zoning district shall be limited as follows: a. Sites located immediately adjacent to property zoned R-1 or R-2 shall be limited to the lesser of four (4) stories or 55 feet in height. b. Sites separated by a public right-of-way or not immediately adjacent to property zoned R-1 or R-2 shall be limited to the lesser of eight (8) stories or 110 feet in height. (2) The floor area ratio for structures or buildings within the BP district shall not exceed 2.0, nor shall the floor area ratio be less than 0.4. City Council Meeting of October 20, 2014 (Item No. 8c) Page 11 Title: Business Park Zoning Amendments (3) Required yard depth (building setbacks) shall follow the requirements of Table 36-233 (a) except when superseded by the following: a. No building shall be located closer than 30 feet or the building height, whichever is greater, to a single family residential property line. b. The maximum front yard or side yard abutting a street (build-to line) may be increased to 25 feet from the property line if a courtyard, plaza, or seating area is incorporated into the development adjacent to the public street. c. The maximum yard (build-to line) requirement shall apply to at least 50% of a structure’s elevation along the front yard or side yard abutting a street. (4) Each lot shall contain designed outdoor recreation area (DORA) at the ratio of 0.12 times the gross lot area, with the following exceptions and conditions: a. DORA shall not be required for any building or portion of a building dedicated to warehouse, showroom, parking ramp, or parking lot uses. b. DORA may be reduced by up to 25% if it is connected to and located within a quarter-mile of the regional trail system. c. DORA shall be developed into functional and aesthetic yard areas, plazas, courtyards, and/or pedestrian facilities compatible with or enlarging upon existing pedestrian links and open space. d. DORA shall be sited to enhance ecological habitat and increase opportunities for shared public use with the City’s system of parks and open space whenever possible. Sec. 3 The contents of Planning Case File 14-13-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Public Hearing September 17, 2014 First Reading October 20, 2014 Second Reading November 3, 2014 Date of Publication November 13, 2014 Date Ordinance takes effect October 31, 2014 Reviewed for Administration: Adopted by the City Council November 3, 2014 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Table 36-233 (a) Front Rear Side Side yard abutting a street Minimum yard 5 feet 10 feet 5 feet 5 feet Maximum yard 10 feet None None 10 feet Meeting: City Council Meeting Date: October 20, 2014 Action Agenda Item: 8d EXECUTIVE SUMMARY TITLE: First Reading of Snow Removal Program Ordinance RECOMMENDED ACTION: Motion to Approve First Reading of Ordinance amending the St. Louis Park Code of Ordinances Section 30-158 relating to Snow Removal Program; and to set Second Reading for November 3, 2014. POLICY CONSIDERATION: Does the City Council agree with the recommended changes to the parking restrictions and snow emergency declaration? SUMMARY: Staff is suggesting some modifications to our snow removal program as an enhancement to our current efforts. Staff reviews the snow removal program on a regular basis to determine if there are opportunities to improve delivery of service, operational efficiencies and communication with residents. Over the past year staff has incorporated operational changes that had successful outcomes with snow removal and service delivery. Earlier this summer Operations staff along with Police and Fire met to continue to discuss what is working and review Ordinance 30-158 Snow Removal Parking Restrictions. Staff determined there were several sections of the Ordinance that should be updated to enhance operational improvements and winter parking enforcement. These included: • Exempt parking zones • Permit parking • Snow emergency declaration (this is an enhancement to our current system to provide clarity) • Communication plan Next steps: The second reading of this ordinance and the proposed resolutions are scheduled for council consideration on November 3, 2014. If approved, all changes will go into effect for the 2014-15 Winter and beyond. FINANCIAL OR BUDGET CONSIDERATION: The proposed changes have nominal if any financial impacts. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Proposed Ordinance Section 30-158 Proposed Resolutions Winter Parking Exemption Maps (2) Examples of Current and Proposed Permits Prepared by: Mark Hanson, Public Works Superintendent Reviewed by: Cindy Walsh, Director of Operations and Recreation John Luse, Police Chief Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting October 20, 2014 (Item No. 8d) Page 2 Title: First Reading of Snow Removal Program Ordinance DISCUSSION BACKGROUND: The snow removal process is reviewed by staff on a regular basis to determine if there are opportunities to improve delivery of service and communication with residents. Earlier this summer Operations staff along with Police and Fire met to discuss what is working and ideas for possible improvements with snow removal operations, winter parking enforcement, and overall service delivery to our residents. Upon review, it was determined that improvements could be made in the following areas: • Designation of some exempt/high density areas • Permits and their display location • Declaring a snow emergency • Communications plan for winter parking updates At the October 6, 2014, Study Session, staff reviewed the above enhancements with Council (report attached). Council fully supported the recommended enhancements and asked staff to proceed with the necessary administrative actions to implement them. SUMMARY OF PROPOSED ADMINISTRATIVE ACTIONS: Amendments to Ordinance 30-158 Snow Removal Parking Restrictions: The primary updates include moving to a declared snow emergency instead of waiting for three inches of snow to accumulate; authorizing the City Manager to exempt streets from snow emergencies; and authorizing the City Manager to issue winter parking permits (with fees set by the annual fee schedule). Rescind Resolution 03-153: Once the updates to Ordinance 30-158 are in place, there is no longer a need to maintain a separate resolution setting the winter parking permit fees. Rescind Resolution 03-180: Once the updates to Ordinance 30-158 are in place, the City Manager will have the authority to exempt certain streets from snow emergencies so there is no longer a need to maintain this resolution. Resolution Amending and Restating Resolution 04-115: Updates some of the terminology to current naming conventions. Changes in designation of some exempt/high density areas: The ordinance allows for areas of the city to be considered “exempt” for the first 24 hours of the snow parking ban in higher density residential areas with limited parking. There are also main roadways in the city that were marked as exempt (see map). Proposed revisions to the exempt zones/process are intended to create efficiencies in operations and enforcement. This also provides clarity to residents so they know where they can park. The revisions are as follows: 1. Eliminate the designation of our main roadways listed as exempt. In review of the existing exempt designations, it was determined that main roads do not need the exempt status since operationally they are cleared first. There has not been a need to exempt these streets from our snow removal program due to the nature of the roadways. 2. Change ordinance to authorize the City Manager or designee to establish the listing of the public streets which are exempt. This creates efficiencies in operations by eliminating the step where Council must approve exempt streets by council resolution. City Council Meeting October 20, 2014 (Item No. 8d) Page 3 Title: First Reading of Snow Removal Program Ordinance 3. Continue the designation of our exempt/high density area zones without signage. These exempt/high density area zones, however, would now be exempt the entire snow event, not just the first 24 hours. Staff would continue, as in the past, to work with landlords/apartment owners to communicate the exempt zones to their tenants. This system has been successful and therefor no change in this practice is recommended. It is believed that if signs were placed signifying exempt parking area, others may want to use this area allowing for fewer spaces to be used by those in the adjacent high density areas who need the space for parking. 4. To improve clearing of snow in the exempt areas and when plowing is needed curb to curb, staff would temporarily post one side of the street as “No Parking”, allowing for parking on the other side while the posted side is being cleared to the curb. The same procedure would occur the next day for the other side. This operational change will improve the time it takes for snow removal and also allow parking in the high density area when snow removal is taking place in the parking lots of the apartment complex. This process will also help with clearing up confusion of residents and improve communication by posting temporary snow removal signs as needed and assists public safety with enforcement. Declare Snow Emergency: There continues to be confusion as to the exact time when the 3” snow ban has been in effect. We receive numerous calls each winter that residents are confused by the term “snow ban.” Residents and staff would all like to better understand when a snow parking ban takes place. Many cities designate a “snow emergency” to help communicate that there is a parking ban. Staff is recommending we change from an automatic no parking restriction any time after a snowfall of three inches or more to a formal declaration of a snow emergency. This suggested change is an enhancement to our current system. This enhancement would not change how or when we plow. Using a formal snow emergency approach to communicate a parking ban will improve communication to our residents, businesses and staff, help eliminate confusion and provide flexibility on when the parking ban goes into effect. Staff would be able to review conditions and work to provide timely communication to residents. This approach also works well when the snow event lasts more than one day or when we have a heavy spring snow fall where we really don’t want to ban parking and tag and tow if we know the snow will be melting off in the next day. We will continue to use a guideline of 3 – 4” of snow along with weather conditions and storm longevity in making a determination and communicating a snow emergency. We still want cars off the street prior to a snow event so we can do a better job of plowing. Declaring a snow emergency is meant to provide additional advanced notice and clarity. Permits: Permits exempting single family residents from the winter parking restrictions are issued only to residents that do not have adequate off-street parking available to them. Staff recommends keeping the same permit process that is already in place. This process is managed by Operations staff and is working successfully. The process allows administrative approval of up to two no-fee permits allowing on-street parking in front of a permittee’s home when the parking ban is in effect. We also recommend keeping the process of issuing up to two additional parking permits for a fee and/or one Caretaker permit. The recommended change to the ordinance is to authorize the City Manager or designee to issue the fee permits. Current ordinance requires approval by Council resolution. Allowing the City Manager or designee to authorize no more than two fee permits and the caretaker permit creates efficiencies in this process for our residents. Permit fees would continue to be set annually by Council in the fee schedule. City Council Meeting October 20, 2014 (Item No. 8d) Page 4 Title: First Reading of Snow Removal Program Ordinance Permit Display: To help with identification and enforcement, staff is recommending changing the vehicle permit from a mirror hanger to a small sticker. When gathering information from our Officers, it was found that having the permit hang from the rear view mirror has been problematic for parking enforcement. As we know, when we have snow, it covers the windows of a vehicle. Many times officers are not able to see if a vehicle has a permit and would have to stop at each vehicle, remove snow, and determine if the vehicle has the appropriate permit before enforcement action is taken. Also, some vehicles do not have the type of rear view mirror that would allow hanging of any type of permit or people would forget to hang a permit. In order to create efficiencies in identification, Police have recommended changing the permit to a small sticker to attach to the rear bumper on the driver’s side. This type of permit is currently being used successfully by our Engineering Department for other types of permit parking. Changing to this type of permit for identification would help increase efficiencies with parking enforcement during a snow event (example permits attached). Communication: Declaring a snow emergency will allow the City to enhance communications to our residents. The following list describes the current communication tools and how their effectiveness will be enhanced by declaring a snow emergency: • Website/Social Media – While the city proactively reminds residents using these tools that snow is in the forecast, the city is not able to announce that a parking ban is in effect until the three-inch threshold is reached. This means that the website and social media sites are often not updated until the middle of the night when residents are not looking at them. Enhancement: The city’s website and social media accounts would be able to post information several hours before the snow emergency begins. Analytic data shows us that most people are using our social media sites, including Nextdoor, between the hours of 8 p.m. and 11 p.m. The new system would allow our messages to be present during these times. • News media – Broadcasting the city’s parking ban through local TV stations has been particularly difficult in the last several years. The local affiliates have standardized language around “snow emergencies” as it is the common term used by metro-area communities. So when St. Louis Park sends its news releases referring to a winter parking ban, the station makes one of two decisions: call St. Louis Park’s ban a snow emergency too or leave it out of their notification tools (which includes screen crawls and email notification). Unfortunately, they often leave it out altogether. Additionally, like the website and social media, the city is often unable to notify the TV stations that a ban is in effect until the middle of the night, meaning that the first time they can broadcast the information is during the morning newscasts when it’s possible that city crews have already been plowing for several hours. Enhancement: The news media would be notified prior to the snow emergency taking effect meaning that it will be able to broadcast this information on its nightly newscasts. Additionally, referring to it as a snow emergency will ensure that the stations will broadcast it and utilize the additional tools (like email services) that they offer to viewers. • ParkAlert – The City Council directed staff that a winter parking ban should be considered an emergency, which allows the city to call all listed phone numbers in the St. Louis Park white pages. However, the city is only to use this notification system during reasonable hours. So in the past, the city has utilized this tool only to remind people of the winter parking rules, and only when it is clear that a significant amount of snow is forecast (usually five inches or more). When a ban goes in to effect overnight, the city has not used the system in the morning to announce the ban because it is likely many streets will already have been plowed. The city has utilized the system for only about half City Council Meeting October 20, 2014 (Item No. 8d) Page 5 Title: First Reading of Snow Removal Program Ordinance of its winter storm events over the last three years. Enhancement: The city would be able to utilize ParkAlert for every snow emergency and proactively provide specific information about when vehicles must be off the streets. • Snow information line – Like social media and the news media, the line is updated when the snowfall reaches three inches or more, likely in the middle of the night. Enhancement: Like the website and social media, the snow information line would be updated prior to the storm to state the specific time that a snow emergency would begin. In addition to these enhancements, the additional notification time will also enable the city to enhance communications by beginning to use its MyStLouisPark app and its Constant Contact email service to alert residents to the snow emergency in the hours leading up to it. Cooperative enforcement through communication and connections: Staff will continue to work cooperatively on proactive identification of illegally parked “snow birds” to get them removed so the roads can be cleared to the curb. Plow operators are typically aware of the vehicles that have not moved during the snow clearing process so they are able to notify Police of any “snow birds” so they can be appropriately enforced. This process will be further developed so that any staff in the field could assist in providing information to Police to help with additional enforcement and related efficiencies in clearing snow. Public Safety Parking Restrictions: Our Fire Department has been in charge of designating and implementing the process where during winter months streets need to be temporarily designated No Parking due to public safety concerns with narrow streets. This process has worked successfully in the past and will continue to be used when snow accumulation is excessive and streets become a safety concern relating to equipment access. City Council Meeting October 20, 2014 (Item No. 8d) Page 6 Title: First Reading of Snow Removal Program Ordinance ORDINANCE NO. _____ - 14 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO SNOW REMOVAL PARKING RESTRICTIONS, AMENDING SECTION 30-158 OF THE ST. LOUIS PARK CITY CODE THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: SECTION 1. Section 30-158 of the St. Louis Park City Code is amended to read as follows: (1) Definition of Street: Street as used in this section shall mean the entire right-of-way, including sidewalks, boulevards, curb and gutter as well as the traveled portion of any City street, alley, highway, thoroughfare, county road, or state highway within the City of St. Louis Park. (2) Snow Fall Parking Restrictions: a. Except as provided in Subparagraph (b) and (c) herein, no person shall park a vehicle on any public street at any time when the city declares a snow emergency, after a snowfall of three (3) inches or more has accumulated, until the snow emergency has been cancelled by the city or the street has been plowed to the curb.until the street has been plowed curb to curb. b. The City Manager or designee is authorized to establish and maintain a listing of City Council will establish by resolution the public streets which are not subject to the snow emergency fall parking ban. The exempted streets will generally be high density non- residential streets and residential streets without or very limited off-street parking. Comment: this change to administrative approval of exempt/high density streets will create efficiencies in operations by allowing elimination of Resolution No. 03-180 which currently requires exempt streets to be approved by council resolution. c. The City Manager or designee is authorized to issue parking permits allowing on-street parking in front of adjacent to the permittee’s residence when the snow emergencyfall parking ban is in effect. The permits may only be issued to City residents who do not have off-street parking available to them. Each permit will be issued for an identified vehicle and must be displayed in the vehicle. No more than two no fee vehicle permits will be issued for each residential dwelling unit., except as provided in subparagraph (d) herein. The City Manager or designee may authorize the issuance of up to two additional parking permits for a fee, as set by Council, when either the residential dwelling does not have adequate off-street parking or does not have any off-street parking and the permits for more than two vehicles is determined to be appropriate. One parking permit for a caregiver vehicle may be approved in accordance with this section. Each permit issued under this section will be for an identified vehicle and must be displayed on such vehicle. Vehicles with permits must be parked in front of the permittee’s residence. City Council Meeting October 20, 2014 (Item No. 8d) Page 7 Title: First Reading of Snow Removal Program Ordinance Comment: Permit fees are now set annually by council in the fee schedule allowing for elimination of Resolution No. 03-153 (d) In addition to permits authorized in subparagraph (c) herein, the City Council may by resolution authorize the issuance of parking permits allowing on-street parking adjacent to the permittee’s residence when the snowfall parking ban is in effect. The additional permits may be allowed by resolution when either the residential dwelling does not have adequate off-street parking or does not have any off-street parking and permits for more than two vehicles is determined to be appropriate. The council shall establish the appropriate fee for these permits by resolution. (3) Obstruction of Street by Private Snow Plowing Removal Prohibited. No person shall deposit any snow or ice, plowed or removed from private property, onto a public street. (4) Parking Interference with Clean-Up Snowplowing. No person shall park any vehicle on a public street within 50 feet of any area of a public street which is unplowed after City equipment has previously plowed snow and ice from other portions of said street, nor otherwise park in such a manner as to interfere with City clean-up snowplowing operations. (5) Off-Street Parking Areas and Private Streets. No person who is an owner or manager of the premises shall allow or permit snow and ice accumulation in an area of required off-street parking under the provisions of the Zoning Ordinance or a special permit issued thereunder or private streets established under a special permit in such a manner as to reduce such private street area or the number of parking stalls available for such use, commencing 24 hours after the cessation of snowfall. (6) Special Posted Snow Removal Parking Restrictions. In addition to the snow emergency parking ban set forth in Subsection (2) herein, the City Manager or designee is authorized to post no parking signs for snow removal along public streets of the City where snow removal operations will require the use of the entire width of the street by snow plowing and snow removal removing the equipment. Such signs shall be posted at frequent intervals at least four (4) hours prior to the time when snow removal commences on the street so posted, and such signs shall be removed promptly after completion of the snow removal operation. Snow removal shall be done on any street so posted as soon as possible following a lapse of four (4) hours after posting the signs. No person shall park any vehicle, nor leave any vehicle which was parked at the time of posting for a period of more than two (2) hours thereafter, of any block on any street so posted during the time the said signs are posted thereon, and it shall be unlawful for any person other than an authorized representative of the City or Police Department of the City to remove said signs. (7) Public Safety Parking RestrictionsSnow Emergency. The City Manager or designee is authorized to declare a snow emergency and to impose parking restrictions on City streets as necessary in the event curbside snow accumulations cause streets to become impassable to emergency vehicles or snow removal equipment in conjunction with on- street parking. City Council Meeting October 20, 2014 (Item No. 8d) Page 8 Title: First Reading of Snow Removal Program Ordinance (8) Towing of Vehicles. In addition to the penalty provision imposed for a violation of this section, vehicles parked on a public street in violation of any provision of this section may be towed and impounded. SECTION 2. This Ordinance shall take effect fifteen (15) days after its passage and publication. ADOPTED this 3rd day of November, 2014 by the City Council of the City of St. Louis Park. First Reading October 20, 2014 Second Reading November 3, 2014 Date of Publication November 13, 2014 Date Ordinance takes effect November 28, 2014 Reviewed for Administration: Adopted by the City Council November 3, 2014 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting October 20, 2014 (Item No. 8d) Page 9 Title: First Reading of Snow Removal Program Ordinance Proposed RESOLUTION NO. 14-_____ RESOLUTION RESCINDING RESOLUTION NO. 03-153 REGARDING THE ISSUANCE OF AND ESTABLISHMENT OF FEES FOR PARKING PERMITS IN ACCORDANCE WITH SECTION 30-158 OF THE CITY CODE WHEREAS, the City Council approved amendments to Ordinance 30-158 on October 20, 2014; and WHEREAS, the winter parking permit fee is now set by the annual fee schedule; and WHEREAS, due to these changes in administrative processes, Resolution 03-153 is no longer current or valid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, that the City hereby: Rescinds Resolution 03-153, Resolution Authorizing the Issuance of and Establishment of Fees for Parking Permits Reviewed for Administration Adopted by the City Council November 3, 2014 City Manager Mayor Attest: City Clerk City Council Meeting October 20, 2014 (Item No. 8d) Page 10 Title: First Reading of Snow Removal Program Ordinance Proposed RESOLUTION NO. 14-____ RESOLUTION RESCINDING RESOLUTION NO. 03-180 REGARDING EXEMPTING STREETS FROM THE SNOWFALL PARKING BAN WHEREAS, the City Council approved amendments to Ordinance 30-158 on October 20, 2014; and WHEREAS, the City Manager is now authorized to established a list of streets exempt from the snowfall parking ban; and WHEREAS, due to these changes in administrative processes, Resolution 03-180 is no longer current or valid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, that the City hereby: Rescinds Resolution 03-180, Resolution Exempting Streets from the Snowfall Parking Ban. Reviewed for Administration Adopted by the City Council November 3, 2014 Interim City Manager Mayor Attest: City Clerk City Council Meeting October 20, 2014 (Item No. 8d) Page 11 Title: First Reading of Snow Removal Program Ordinance Proposed RESOLUTION NO. 14-____ RESOLUTION AMENDING AND RESTATING RESOLUTION 04-115 SNOW AND ICE REMOVAL ENFORCEMENT POLICY RELATING TO PUBLIC STREETS IN THE CITY OF ST. LOUIS PARK WHEREAS, The City Council has amended Ordinance Section 03-158 Snow removal parking restrictions; and WHEREAS, The City Council wishes to ensure safe, efficient and cost effective snow removal operations on public streets in St. Louis Park. NOW THEREFORE BE IT RESOLVED, that the St. Louis Park Police Department, in cooperation/coordination with the Operations Department, is directed as follows: • To begin issuing citations for vehicles parked illegally on-street when snow emergency has been declared. A citation may be issued whether or not the vehicle has been “plowed in”. • To coordinate the towing of vehicles with the City’s private contractor for vehicles that have been issued a citation and have not been moved. Towing should begin within 24 hours from when a citation has been issued. • To use discretion in the issuance of citations due to unusual or extenuating circumstances related to a snow event (this includes, but is not limited to, other calls for service to the Police Dept. such as accidents or medical calls). • Overtime costs associated with enforcement should be held within reasonable limits and in alignment with annual budgetary considerations. BE IT FURTHER RESOLVED, that this policy becomes effective immediately upon passage of this resolution. Reviewed for Administration: Adopted by the City Council November 3, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of October 20, 2014 (Item No. 8d) Title: First Reading of Snow Removal Program Ordinance Page 12 City Council Meeting of October 20, 2014 (Item No. 8d) Title: First Reading of Snow Removal Program Ordinance Page 13 Examples of Current and Proposed Permits: Current “Hanging” Permit (hung from rear view mirror) Proposed “Bumper Sticker” Permit (placed on driver’s side rear bumper as shown below) City Council Meeting of October 20, 2014 (Item No. 8d) Title: First Reading of Snow Removal Program Ordinance Page 14 Meeting: City Council Meeting Date: October 20, 2014 Action Agenda Item: 8e EXECUTIVE SUMMARY TITLE: 2015 Employer Benefits Contribution RECOMMENDED ACTION: Motion to Approve Resolution establishing the 2015 employer benefits contribution. POLICY CONSIDERATION: Does Council approve the recommended amount for the 2015 employer benefits contribution? SUMMARY: This report details the City’s benefits planned for 2015, and the recommendation for setting the employer contribution. Council reviewed this information at the study session on October 13, 2014. The recommendation reflects a change based on input from a Benefits Committee that consisted of employees represented by all departments and all union groups. The recommendation is as follows: 2015 PLANS Premium Employer Contribution Employer VEBA Contribution Total Employer Cost Employee Cost HDHP Employee $ 578.50 $ 740.00 $ 208.34 $ 948.34 $ +161.50 Emp+Child $ 1,214.00 $ 790.00 $ 270.83 $1,060.83 $ (424.00) Emp+Spouse $ 1,273.00 $ 825.00 $ 270.83 $1,095.83 $ (448.00) Family $ 1,619.00 $1,050.00 $ 270.83 $1,320.83 $ (569.00) Co-Pay Employee $ 744.00 $ 885.00 -- $ 885.00 $ +141.00 Emp+Child $ 1,562.00 $ 885.00 -- $ 885.00 $ (677.00) Emp+Spouse $ 1,637.50 $ 885.00 -- $ 885.00 $ (752.50) Family $ 2,083.00 $1,050.00 -- $1,050.00 $ (1,033.00) Benefit-earning part-time employees regularly scheduled to work 20-29 hours per week be set at the “Employer VEBA Contribution” levels shown above, and at 50% of the “Employer Contribution” levels shown above. Employees who choose to waive coverage will be eligible for a reduced employer contribution that may be used to purchase other supplemental benefits in the amount of $211.50 (pro-rated for part-time employees). FINANCIAL OR BUDGET CONSIDERATION: Funds for this recommendation have been included in the 2015 budget projections. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Ali Timpone, HR Coordinator Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of October 20, 2014 (Item No. 8e) Page 2 Title: 2015 Employer Benefits Contribution DISCUSSION Benefit Overview: The City has a Benefits Committee that consists of employees represented by all departments and all union groups. The purpose of the committee is to educate staff on benefits and to get feedback on what staff is interested in seeing in our benefits design. As in past years, this information has been reviewed with the Benefits Committee. Medical Insurance: The City has been insured through HealthPartners since 2012, and are currently in the middle of a 2-year contract for 2014-2015. For 2015, we were fortunate to secure a rate guarantee of 12% maximum premium increase. Medical Insurance Monthly Premiums (12% increase for 2015) High Deductible (with VEBA) 2014 2015 Single $516.50 $578.50 Employee + Spouse $1,136.50 $1,273.00 Employee + Child(ren) $1,084.00 $1,214.00 Family $1,445.50 $1,619.00 $30-Copay 2014 2015 Single $664.50 $744.00 Employee + Spouse $1,462.00 $1,637.50 Employee + Child(ren) $1,394.50 $1,562.00 Family $1,860.00 $2,083.00 VEBA Refresher: The City continues to offer a Health Reimbursement Arrangement (HRA) with a VEBA funding mechanism in coordination with the High Deductible Health Plan. The deductible is $2500 per person with a $5000 family maximum. Employer contributions to the VEBA will be placed in a trust in an individual’s name and funds will be available for reimbursement of eligible medical expenses. VEBA funds not spent will stay with the individual and roll over each year for future expenses. VEBA funds are set aside tax-free, earn tax-free interest, and are reimbursed tax-free. The VEBA account stays with the individual after they leave employment and can be used for reimbursement of qualified medical expenses. Dental Insurance: We received great news with our 2015 renewal from Delta Dental, a 0% increase in premiums. This is a voluntary plan for our employees, and the second year in a row in which we’ve received no increase in premiums. Dental Insurance Monthly Premiums (0% increase for 2015) Single $43.65 Employee + Spouse $87.75 Employee + Child(ren) $82.50 Family $105.80 City Council Meeting of October 20, 2014 (Item No. 8e) Page 3 Title: 2015 Employer Benefits Contribution Life Insurance: The city offers a life insurance program through Prudential Life and are pleased that there is no rate increase for 2015. In our basic life insurance plan, all employees receive a mandatory benefit of $10,000 and the option to purchase additional supplemental insurance (up to $500,000), and spouse and dependent life insurance as well. Exempt employees are provided with an additional basic life insurance amount of 1.5 times their salary. Long Term Disability (LTD): We continue to offer LTD to all staff at no cost to the employee. This benefit provides income continuation at 60% of pre-disability earnings for anyone who becomes ill or injured and unable to resume work after a six month waiting period. Long Term Care (LTC): LTC is a voluntary benefit that was first offered in September, 2010 to our staff. Long Term Care Insurance provides coverage for employees and spouses who may need nursing home, assisted living, home health, or other care. Coverage is provided through the Municipal Pool and rates are set for the entire group. Employees who voluntarily participate in this program are required to pay the full premium. Deferred Compensation: The City offers several deferred compensation programs (457 plans). Deferred compensation is a program that allows employees to invest today for retirement. This is a voluntary program for employees, with an employer match of $10 per pay period to non-union staff with a minimum employee contribution of $50 per pay period (Resolution 12-044). This has also been negotiated into union contracts. RECOMMENDATION ON EMPLOYER CONTRIBUTION At the October 13, 2014 study session, Council reviewed and discussed information and recommendations regarding our employer contribution. Below is the information from the October 13th report. Past Employer Contribution Information: Years ago, health insurance costs were much lower and plan designs were relatively simple. Over the past years, our design of how employer contribution is applied has undergone changes based on the type of products offered, costs, market comparisons and input by employees. Since 2008, the city has provided one flat dollar amount as employer contribution to all benefit earning staff (pro-rated for part time). This results in each employee receiving the same value of employer contribution, regardless of which level of coverage the employee chooses to purchase. However, annual premium increases have significantly increased the out of pocket costs to those who cover dependents (spouse and/or children) on the plan. Cost Increases for Dependent Coverage: The cost of insurance to cover dependents has significantly increased in recent years. Although 67% of our employees elect the employee only (individual) plan, many raised concerns about the cost impact to those who chose to insure other family members and asked that this be discussed by union and non-organized staff. City Council Meeting of October 20, 2014 (Item No. 8e) Page 4 Title: 2015 Employer Benefits Contribution This example shows the change in cost for family insurance since 2008: Year Premium Cost (Family Coverage on High Deductible Plan) Employer Premium Contribution * Employee Out of Pocket Monthly Cost for Premiums 2008 $770/month $511.66 -$258.34 2014 $1,445.50/month $676.66 -$768.84 As you can see, while the employer contribution increased $165 per month in the six year span, the employee out of pocket expense has increased $510.50 per month for those who choose family coverage on the high deductible plan. The current contribution from the employer covers 47% of the premium cost for those who choose family coverage (in 2008, the city covered 66% of the premium). Meanwhile, employees who choose employee only (individual) coverage have not been impacted as dramatically as above. They still have funds left over each month that can be used to purchase other benefits or receive as taxable income: Year Premium Cost (Employee Only Coverage on High Deductible Plan) Employer Premium Contribution * Employee Funds Remaining 2008 $275.50/month $511.66 +$236.16 2014 $516.50/month $676.66 +$160.16 * All staff who chose the high deductible plan in 2008 and 2014 also received an employer contribution to their Health Reimbursement Arrangement (also known as VEBA account) of $208.34 per month. Total monthly employer contribution was $720 in 2008 and $885 in 2014. Task Force Convened: During union negotiations in fall 2013, the topic of family health insurance coverage was discussed in several bargaining groups. Feedback gathered by Human Resources showed that both union and non-union staff felt that the cost to insure family members had become unaffordable. In April 2014, Human Resources created an employee task force for the purpose of gathering input on the employer contribution package. The group consisted of current benefits committee members, representation from all unions, and representation from all departments. Additionally, the task force was a representative sample of staff in direct proportion to their health insurance enrollment status (i.e., 67% of the task force was comprised of staff who were enrolled in employee only coverage). The task force met several times. Topics of the meetings included education on the history of premiums and employer contribution, enrollment statistics, overview of MNsure and health care reform, brainstorming new contribution design options and setting priorities. It became clear there were two main themes from the task force working through this process: 1. A majority of the group favored providing more funding for families and moving away from the “one amount for all” philosophy as long as those choosing employee only coverage did not get a reduction in benefits contribution. 2. Encourage employees to use high deductible programs. City Council Meeting of October 20, 2014 (Item No. 8e) Page 5 Title: 2015 Employer Benefits Contribution Benchmarking: We looked at other cities in our market (metro suburbs with a population of 25,000 – 90,000) to see how their benefits are structured. Benefit packages are complex and unique to each city and it is difficult to make apples-to-apples comparisons. However, out of 27 cities in our market, 19 (70%) do provide additional employer contribution to those who choose to cover dependents on the health insurance program. In addition, two of the remaining eight cities who provide an equal funding amount for premiums do provide tiered funding in their Health Savings Accounts (HSA), Health Reimbursement Arrangements (HRA), and/or VEBA accounts based on dependent level of coverage. It appears that it has become more of a norm in our market to provide more funding to those who choose to insure dependents. New Philosophy Recommendation: Based on employee input and in order to stay competitive with our peer cities, a new funding philosophy recommendation has been developed for the 2015 Employer Contribution. • The new philosophy maintains an employer contribution for those who choose employee only coverage with additional funds remaining to purchase other voluntary benefits (same as the current philosophy). • The recommended change in funding is for those who choose to cover dependents on their health insurance. The new philosophy recommends that the employer provide an employer contribution equal to 65% of the high deductible premium, rounded to the nearest five dollars. • The goal for employer funding is to eventually get to 70% of the premium but in order to meet budget constraints for 2015, we are recommending funding at 65% for this year. • Subsequent years’ recommendations will strive to attain the 70% funding goal. 2015 Recommended Employer Contribution Levels Employer Employer Paid % of Tier of Coverage Contribution High Deductible Premium Employee Only $740/month 100% (with $161.50 left over to purchase additional benefits) Employee + Spouse $825/month 65% Employee + Child(ren) $790/month 65% Family $1,050/month 65% NOTE: Employees who choose the co-pay plan will receive the employer contribution listed above, or $885 (the 2014 contribution amount), whichever is greater. 2015 Recommended VEBA Contribution Levels Employer Tier of Coverage VEBA Contribution Employer Paid % of Deductible Employee Only $208.34/month 100% (of $2,500 annual deductible) All Other Levels $270.83/month 65% (of $5,000 annual deductible) NOTE: Employees who choose the co-pay plan do not receive a VEBA contribution, as it is integrated with the high deductible health plan. Employees who choose to waive health insurance coverage will be eligible for a reduced employer contribution of $211.50 per month that may be used to purchase other voluntary benefits (calculated same as in previous years: employer contribution minus the single high City Council Meeting of October 20, 2014 (Item No. 8e) Page 6 Title: 2015 Employer Benefits Contribution deductible premium rate, with a $50 credit for waiving). The waive contribution is recommended to be pro-rated for part-time employees. Below is a chart that illustrates the plans and recommended contributions for 2014 and 2015: 2014 PLANS Premium Employer Contribution Employer VEBA Contribution Total Employer Cost Employee Cost HDHP Employee $ 516.50 $ 676.66 $ 208.34 $ 885.00 $ +160.16 Emp+Child $ 1,084.00 $ 676.66 $ 208.34 $ 885.00 $ (407.34) Emp+Spouse $ 1,136.50 $ 676.66 $ 208.34 $ 885.00 $ (459.84) Family $ 1,445.50 $ 676.66 $ 208.34 $ 885.00 $ (768.84) Co-Pay Employee $ 664.50 $ 885.00 -- $ 885.00 $ +220.50 Emp+Child $ 1,394.50 $ 885.00 -- $ 885.00 $ (509.50) Emp+Spouse $ 1,462.00 $ 885.00 -- $ 885.00 $ (577.00) Family $ 1,860.00 $ 885.00 -- $ 885.00 $ (975.00) 2015 PLANS Premium Employer Contribution Employer VEBA Contribution Total Employer Cost Employee Cost HDHP Employee $ 578.50 $ 740.00 $ 208.34 $ 948.34 $ +161.50 Emp+Child $ 1,214.00 $ 790.00 $ 270.83 $1,060.83 $ (424.00) Emp+Spouse $ 1,273.00 $ 825.00 $ 270.83 $1,095.83 $ (448.00) Family $ 1,619.00 $1,050.00 $ 270.83 $1,320.83 $ (569.00) Co-Pay Employee $ 744.00 $ 885.00 -- $ 885.00 $ +141.00 Emp+Child $ 1,562.00 $ 885.00 -- $ 885.00 $ (677.00) Emp+Spouse $ 1,637.50 $ 885.00 -- $ 885.00 $ (752.50) Family $ 2,083.00 $1,050.00 -- $1,050.00 $ (1,033.00) As we know, the topic of benefits and health insurance is front and center for employers and employees regardless of public or private sector. Changes in the industry due to health care reform continue to develop and have an effect in the market. We are carefully monitoring regulations and options for the future. Based on information above, feedback from union and non-organized staff, analysis, management review, and comparison with other agencies, the above changed funding philosophy is recommended for 2015. City Council Meeting of October 20, 2014 (Item No. 8e) Page 7 Title: 2015 Employer Benefits Contribution RESOLUTION NO. 14-____ RESOLUTION ESTABLISHING 2015 EMPLOYER BENEFITS CONTRIBUTION WHEREAS, the City Council has established a benefit plan that provides an effective means for providing employee group benefits; and WHEREAS, the City Council establishes rates and plans for each calendar year; and WHEREAS, the administration of such plans will be in accordance with plan documents as approved by the City Manager, who will also set policy and procedures for benefit level classification and administration of plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park: 1. Effective January 1, 2015, the monthly contribution of benefit dollars from the City for regular employees, including the City Manager, who work at least 30 hours per week, be set in accordance with the chart below, and 2015 PLANS Premium Employer Contribution Employer VEBA Contribution Total Employer Cost HDHP Employee $ 578.50 $ 740.00 $ 208.34 $ 948.34 Emp+Child $ 1,214.00 $ 790.00 $ 270.83 $1,060.83 Emp+Spouse $ 1,273.00 $ 825.00 $ 270.83 $1,095.83 Family $ 1,619.00 $1,050.00 $ 270.83 $1,320.83 Co-Pay Employee $ 744.00 $ 885.00 -- $ 885.00 Emp+Child $ 1,562.00 $ 885.00 -- $ 885.00 Emp+Spouse $ 1,637.50 $ 885.00 -- $ 885.00 Family $ 2,083.00 $1,050.00 -- $1,050.00 2. Effective January 1, 20015, the monthly contribution of benefit dollars from the City for regular employees, including the City Manager, who work 20-29 hours per week be set at the “Employer VEBA Contribution” levels shown above, and at 50% of the “Employer Contribution” levels shown above, and 3. Effective January 1, 2015, the monthly contribution of benefit dollars from the City for regular employees, including the City Manager, who work at least 30 hours per week, and who waive coverage be set at $211.50 per month, pro-rated for regular part-time employees who work 20-29 hours per week, and City Council Meeting of October 20, 2014 (Item No. 8e) Page 8 Title: 2015 Employer Benefits Contribution 4. The City will continue to administer other benefit programs, and 5. The appropriate City officials are hereby authorized and directed to deduct the balance of any sum premium from the compensation of an employee or officer and remit to the insurer under an approved contract the employee’s or officer’s share of any such premium. Reviewed for Administration: Adopted by the City Council October 20, 2014 City Manager Mayor Attest: City Clerk