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HomeMy WebLinkAbout2005/01/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 3, 2005 7:00 p.m. 6:30 p.m. – Economic Development Authority Immediately Following Meeting - Charter Anniversary Celebration 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. 50th Anniversary of the City Charter of St. Louis Park b. Steve Fillbrandt Recognition for work on the I-394 Express Lane Community Task Force 3. Approval of Minutes a. City Council Minutes of December 20, 2004 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 5a. Reappointments to Boards and Commissions Reappointment of commissioners whose terms expire on or before December 31, 2004 Recommended Action: 1. Motion to adopt a resolution setting term expiration dates of Fire Civil Service Commissioners 2. Motion to reappoint Commissioners Hawkinson, Lindenberg, Strong, Hartman, Dworsky, Huiras, Carper, Morris, Roberts, Burt, Trummer, Baum to their respective commissions for terms ending December 31, 2007; Commissioner Moore to the Housing Authority for a term ending 6/30/07; and Commissioner Ohliger to the Police Advisory Commission for a term ending December 31, 2005. 6. Public Hearings 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Election of Mayor Pro-tem State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem 8b. 2005 General Pay Increase for employees including City Manager and Performance Bonus for Paid on call Firefighters Each year Council reviews information and sets a general increase in our compensation programs. Recommended Action: Motion to adopt the attached resolution confirming a 3% general increase for non-union employees, setting the salary and paid time off for the Public Works Director and City Manager, and increasing performance program pay for Paid-on-call Firefighters. 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF JANUARY 3, 2005 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to adopt a resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2005 4b Motion to adopt a resolution authorizing installation and special assessment of a fire sprinkler system at 6401 Cambridge Street and directing the Mayor and City Manager to execute a special assessment agreement with the property owner. 4c Motion to adopt resolution of approval for a variance request of Ronald and Stephania Greve to allow an addition with eaves for property located at 3730 Inglewood Avenue South. 4d Motion to adopt resolution declaring 2005 City Council meeting dates 4e Motion to approve formation of a task force to study and recommend a permanent location for an off-leash dog park. 4f Motion to Ratify Excess City Land Task Force 4g Motion to accept November 2004 Financial Statements 4h Motion to designate Park Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,030,707.51 for Lamplighter Pond Flood Improvement, Project No. 00-18 4i Motion to adopt resolution authorizing final payment in the amount of $8,408.88 to Ron Kassa Construction for completion of alley paving in the 4200 block of Ottawa Ave 4j Motion to adopt a resolution authorizing final payment in the of $115,700.10 to Hardrives, Inc. for completion of the Excelsior Boulevard reconstruction project 4k Motion to accept Vendor Claims for filing (Supplement) 4l Motion to delay second reading of an ordinance enacting a business license investigation fee until February 7, 2005 St. Louis Park City Council Meeting 010305 - 3a - Council Minutes of Dec. 20, 2004 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA DECEMBER 20, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, and Sally Velick Staff present: Assistant Zoning Administrator (Mr. Morrison), City Manager (Mr. Harmening), City Attorney (Ms. Poehler), Community Development Director (Mr. Locke), Director of Inspections (Mr. Hoffman), Finance Director (Ms. McGann), Human Resources Director (Ms. Gohman) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations - Recognition resolution for Mark Winiecki Mayor Jacobs presented a resolution to Mark Winiecki and thanked him for nearly 27 years of service to the City of St. Louis Park. 3. Approval of Minutes 3a. City Council Minutes of December 6, 2004 Councilmember Finkelstein noted on page three, the fourth paragraph of item six should read: “Councilmember Finkelstein stated that the remaining aid from the state was down to $800,000. The City’s use of this money was a conservative fiscal policy. If they lost the remaining money from the legislature in this year, it would not affect day-to-day operations.” Mayor Jacobs noted on the first page “Keck” should be “Kach”. The minutes were approved as corrected. 3b. Study Session Minutes of December 13, 2004 Councilmember Sanger noted on page three, item four, in the last sentence it should be 2005, not 2006. The minutes were approved as corrected. 3c. Study Session Minutes of November 22, 2004 Councilmember Sanger indicated on page two, item two, paragraph six, in the last sentence, change “…similar other properties” to “those operated by Perspectives.” St. Louis Park City Council Meeting 010305 - 3a - Council Minutes of Dec. 20, 2004 Page 2 Councilmember Finkelstein noted on page two, item two, paragraph seven, the last sentence should read: “At present, there are no officers interested in living on-site at the PPL property.” The minutes were approved as corrected. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Approve payment to the School District of an equipment grant of $31,500 4b Adopt Resolution No. 04-155 authorizing execution of a contract with ENSR International for consultant activities related to the implementation of the Reilly Tar & Chemical Corporation Remedial Action Plan in 2005. 4c Authorize execution of a contract extension to Contract No. 1893 with Severn Trent Services (STL - Denver) for laboratory services related to the Reilly Tar & Chemical Corporation groundwater sampling program through year 2005. 4d Authorize the Mayor and City Manager to execute a five-year contract with All Hours Towing for towing services 4e Adopt Resolution No. 04-156 authorizing the installation of parking restrictions on the south side of Republic Avenue from the driveway apron in the 1st Street Northwest right- of-way to a point 110 feet to the northwest. 4f Accept the Housing Authority Minutes of November 10, 2004 for filing 4g Accept Vendor Claims for filing (Supplement) 4h Accept the Human Rights Commission Minutes of July 21-2004 for filing 4i Accept the Human Rights Commission Minutes of September 29, 2004 for filing 4j Motion to accept the Telecommunications Advisory Commission Minutes of August 19, 2004 for filing 4k Adopt Resolution No. 04-151 recognizing Mark Winiecki’s service to the City of St. Louis Park It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 6. Public Hearings 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Case No. 04-60-VAR: Ronald and Stephania Greve St. Louis Park City Council Meeting 010305 - 3a - Council Minutes of Dec. 20, 2004 Page 3 Mr. Morrison presented the staff report. Councilmember Basill asked if this was a 50-foot lot and if many lots in the neighborhood were 60 foot? Mr. Morrison replied yes this lot was 50’, there was a mixture of lot sizes in the neighborhood. Councilmember Basill stated this was a nice addition and the type of housing they were looking for. They wanted people to upgrade their homes and not move. The overhang was not against the neighbor’s house, there was a driveway and it was 15 feet from the property line. This would be a superior design that would look better in the neighborhood. He supported the variance. Councilmember Omodt supported Councilmember Basill’s comments. He asked if this would set a precedent if approved? Ms. Poehler replied no. Councilmember Omodt stated he was in favor of granting the variance and thought the housing summit process had brought them to look the code and find ways to keep people expanding in St. Louis Park and also allow move-up housing. Councilmember Sanger also supported this. The Board of Zoning made the correct decision and this was not a reflection on them, but was an appropriate time to exercise the Councils discretion and vote in favor of granting the variance. She commended the applicant for paying attention and promoting superior architectural design. Councilmember Santa asked if the eaves would hinder fire or police equipment? Mr. Morrison replied no, not with the driveway. Councilmember Velick asked if any of the neighbors were present. The neighbors in the audience stated that they supported the project. Mayor Jacobs noted he had an Email from neighbors who were also supportive. Councilmember Finkelstein supported the variance given that it would be encroaching on a driveway and not shading the neighboring properties. Eave requirements may be something to discuss at a study session. This was something they should consider when they talked about more move-up housing. They want to make it possible for people to stay in St. Louis Park and to develop their properties. Mayor Jacobs thought it was a worthwhile discussion. There was a rational basis having restrictions given the closeness of houses in St. Louis Park. He supported this variance. Mr. Harmening stated that after the housing summit process was completed, staff would be bringing forward a variety of zoning amendments. They could include this in the discussion. Secondly, because there was not a resolution to approve the variance before the Council, the Council should direct staff to prepare a resolution of approval with findings of fact approving the variance, which would be brought back for further approval on January 3, 2005. It was motioned by Councilmember Basill, seconded by Councilmember Omodt, to direct staff to prepare a resolution and findings of fact for approval of Ronald and Stephania Greve’s application for a variance to section 36-73(b)(2) of the Zoning Ordinance to St. Louis Park City Council Meeting 010305 - 3a - Council Minutes of Dec. 20, 2004 Page 4 allow a 2 foot side yard for an eave instead of the required 3 feet 4 inches, to be brought back to the January 3, 2005 Council meeting. The motion passed 7-0. 8b. Adopt 2005 Budget, 2004 Revised Budget, 2005 Property Tax Levy, and HRA Levy Resolution No.’s 04-152 and 04-153 Ms. McGann presented the staff report. It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 04-152 approving the 2004 Property Tax Levy collectible in 2005, adopting the Budget for 2005, and adopting the Revised Budget for 2004. The motion passed 7-0. It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 04-153 authorizing the HRA Levy for 2005. Councilmember Finkelstein noted when they reviewed the budget on this matter, the average increase in property taxes for a home of $230,000 would be $79 and approximately less than $150 for a $400,000 home. This wasn’t taken lightly and the Council spent a lot of time in study sessions reviewing the budget and making tough decisions. There was a lot less help from the Legislature. The motion passed 7-0. 8c. Resolution Establishing A Health Care Savings Plan Program Resolution No. 04-154 Ms. Gohman presented the staff report describing the program. Councilmember Sanger stated she liked the idea, but was concerned that participation was mandatory. If someone didn’t need this plan, would it be a benefit? Ms. Gohman replied under IRS regulations, they had to put a program into place that had no opt out and was mandatory. This is based on the level of flex leave accrual. The grid in the packed shows that there is an in or out based on flex leave balance the date a resignation notice is turned in. If someone didn’t want to be in the program, if their hours are 620 when they turn in their notice, they are able to stay out of the program. The employee group designed this program. Councilmember Velick asked if there was an age limitation? Ms. Gohman replied no. Councilmember Basill asked if they weren’t enrolled in the HSA and came up to retirement or separation, were they eligible to enroll at that time? Ms. Gohman replied they were only reenrolled when they put in their notice of resignation, which triggered enrollment. If they were already enrolled in VEBA, through the high deductible insurance plan, that was separate. St. Louis Park City Council Meeting 010305 - 3a - Council Minutes of Dec. 20, 2004 Page 5 Councilmember Finkelstein asked for someone to be covered under a union contract, would they have to negotiate this and have it approved by City Council before they could participate? Ms. Gohman replied that was correct. There were two groups that voted on this. If the other groups were interested, this would be an addition to the contract and would need to come before the City Council. Councilmember Finkelstein asked if they could make a friendly amendment to the motion so it wouldn’t need to come back before the City Council if the other groups decided to add this? Ms. Gohman replied because of the regulations governing this, it had to come before the City Council. Councilmember Santa indicated she would be abstaining being an employee of ING. It was motioned by Councilmember Sanger, seconded by Councilmember Omodt, to adopt Resolution No. 04-154 adding a Health Care Savings Plan Program to the City of St. Louis Park Personnel Manual. The motion passed 6-0-1, Councilmember Santa abstained. 8d. First Reading: Proposed Ordinance Amending Chapter 8, Division III, Subdivision I, Section 8- 191 – Establishing a Licensing Investigation Fee Mr. Hoffman presented the staff report and described the investigation fees. Councilmember Sanger asked why they didn’t also apply this to people who failed to renew their licenses? Mr. Hoffman responded that currently if the license and fee isn’t returned by December 31st, there is a late fee provision equal to 20% of the license fee or a minimum of $25. Most license fees vary between $125-$700 depending on the type of license. Mayor Jacobs asked if there had been discussions with the business council and community. Mr. Hoffman replied no, they didn’t discuss this with the business community because people who followed the process would not be affected. Mayor Jacobs asked if the fee would only be imposed on an individual business that did not comply with the licensing requirements? Mr. Hoffman replied that it was an investigation fee and they did the same thing for building permits. If a contractor were to start constructing a building or doing a remodel, there was presently an investigation fee. They had been doing that for many years and was also done nationally for building permits, they were just incorporating it into the instances when a business was uncooperative. Mayor Jacobs asked if there was notification sent to the Twin West Chambers? A notification should be sent to the business community to make them aware of this. Mr. Harmening replied they could discuss this with the Twin West Chamber President and the President or Chair of the local business council. They didn’t view this as an issue that would be of major concern because it was targeted to new business owners that disregarded the permitting and licensing process. St. Louis Park City Council Meeting 010305 - 3a - Council Minutes of Dec. 20, 2004 Page 6 It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to approve first reading of an ordinance amending Chapter 8, Division III, Subdivision I, Section 8-191 establishing a license investigation fee. Set 2nd reading for January 3, 2005. The motion passed 7-0. 9. Communications Mr. Harmening stated there would be no study session the following Monday. Councilmember Santa stated that Friday, December 24th City Hall would be closed. The following Friday (December 31), there would a ribbon cutting opening a new warming house at Oak Hill Park. There is also an annual, family friendly New Year’s Eve party from 5-8 PM. 10. Adjournment The meeting adjourned at 8:12 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 010305 - 4a - Designate Official Newspaper Page 1 4a. Motion to adopt a resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2005 Background: MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter. Basis of Recommendation: 1. The paper is delivered to nearly all residences in the City, thereby providing city-wide coverage of legal notices and other city government issues to residents. 2. The paper has served well as the official newspaper for many years. 3. The paper has expressed a desire to continue to provide this service. 4. The cost for legal publications is reasonable and they are not increasing their rates for the third year in a row. 5. All legal notices are posted on Sun Sailor’s website at no additional charge. Staff recommends designating the St. Louis Park Sun Sailor as the official newspaper for the City of St. Louis Park. Questions had been raised by councilmembers last year regarding distribution of the Sun-Sailor to our residents and as a result, information is now included in the new resident packet. Attachment: Resolution Letter from Sun Newspapers (Supplement) Prepared by: Kimberly A. Olson, Admin. Secretary Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4a - Designate Official Newspaper Page 2 RESOLUTION NO. 05-01 A RESOLUTION DESIGNATING THE ST. LOUIS PARK SUN SAILOR AS THE OFFICIAL NEWSPAPER FOR CALENDAR YEAR 2005 WHEREAS, MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter; and WHEREAS, the St. Louis Park Sun Sailor is a duly qualified medium of legal publication; NOW THEREFORE BE IT RESOLVED that the St. Louis Park City Council hereby designates the St. Louis Park Sun Sailor as the City’s Official Newspaper for Calendar Year 2005. Reviewed for Administration: Adopted by the City Council January 3, 2005 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 010305 - 4b - Sprinkler Assessment, 6401 Cambridge Page 1 4b. Motion to adopt a resolution authorizing installation and special assessment of a fire sprinkler system at 6401 Cambridge Street and directing the Mayor and City Manager to execute a special assessment agreement with the property owner. Background: William F. Smith, owner of the commercial building at 6401 Cambridge Street has requested the City to authorize the installation of an automatic fire suppression sprinkler system for the building and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The City promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote the general public health, safety and welfare within the community. The Building Code requires the installation of a fire sprinkler system in this building because of a major remodeling project in the building. The property owner will be hiring a contractor to install the sprinkler system throughout the building and bring it up to compliance with the current code. Based on the proposed work the system qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the installation of the fire sprinkler system and specially assess the cost of the installation. Sprinkler plans have been submitted and approved by City staff. The total eligible cost of the installation has been determined to be $53,980. An Administrative Fee of $270.00 will be added to the special assessment. The total special assessment is $54,250. Staff has determined that adequate funds are available through the Permanent Improvement Revolving Fund Attachment: Resolution Prepared by: Cary Smith, Fire Marshal Reviewed by: Luke Stemmer, Fire Chief Jean McGann, Finance Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4b - Sprinkler Assessment, 6401 Cambridge Page 2 RESOLUTION NO. 05-02 RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF FIRE SPRINKLER SYSTEM AT 6401 Cambridge Street WHEREAS, the Property Owner(s) at 6401 Cambridge Street (“Benefited Property”) has petitioned the City of St. Louis Park to authorize a special assessment for the installation of a fire sprinkler system in their commercial building on the Benefited Property; and WHEREAS, the Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Fire Marshal related to the installation of the fire sprinkler system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the fire sprinkler system is hereby accepted. 2. The installation of the fire sprinkler system in conformance with the plans and specifications approved by the Fire Department and Department of Inspections is hereby authorized. 3. The total estimated cost for the design and complete installation of the fire sprinkler system is accepted at $53,980. 4. An administrative fee of $270 will be added to the special assessment. 5. The total Special Assessment is $54,250. 6. The Property Owner has agreed to waive their rights to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 7. The Property Owner(s) agree(s) to pay the City for the cost of the above improvements through special assessment over a ten (10) year period at five point seven seven percent (5.77 %) interest. 8. The Property Owner(s) agree(s) to execute an agreement with the City and any other documents necessary to implement the installation of the fire sprinkler system and the special assessment of all costs associated therewith. (Signature Block) St. Louis Park City Council Meeting 010305 - 4c - Greve Variance, 3730 Inglewood Page 1 4c. Motion to adopt resolution of approval for a variance request of Ronald and Stephania Greve to allow an addition with eaves for property located at 3730 Inglewood Avenue South. Background: As directed by Council on December 20, 2004, attached is a resolution and findings of fact for approval of Ronald and Stephania Greve’s application for a variance. Attachments: Resolution Report – December 20, 2004 (Supplement) Prepared by: Gary Morrison, Assistant Zoning Administrator Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4c - Greve Variance, 3730 Inglewood Page 2 VARIANCE RESOLUTION NO. 05-03 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-33(d) OF THE ZONING ORDINANCE TO ALLOW AN ADDITION TO THE HOME WITH EAVES THAT ARE 2 FEET FROM THE SIDE PROPERTY LINE INSTEAD OF THE REQUIRED 4 FEET FOR PROPERTY LOCATED IN THE "R-2" SINGLE FAMILY DISTRICT AT 3730 INGLEWOOD AVENUE SOUTH. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Ronald and Stephania Greve has applied for a variance to allow an addition to the home with eaves that are 2 feet from the side property line instead of the required 4 feet for property located in the R-2 Single Family Residential District at 3730 Inglewood Avenue South for the following legal description, to wit: Lot 7, Block 2, Minikahda Terrace Second Addition, Hennepin County, Minnesota. 2. The Board of Zoning Appeals has reviewed the application for Variance Case No. 04-60- VAR and failed to pass a motion granting or denying the variance due to a 2-2 vote. The variance therefore stands as denied. 3. On December 3, 2004 Ronald and Stephania Greve requested an appeal of Board of Zoning Appeals action. 4. On December 20, 2004 the City Council considered the appeal and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. St. Louis Park City Council Meeting 010305 - 4c - Greve Variance, 3730 Inglewood Page 3 5. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and the Comprehensive Plan. 6. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 7. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty. 8. The contents of Board of Zoning Appeals Case File 04-60-VAR are hereby entered into and made part of the public record. 9. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 10. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance to allow an addition to the home with eaves that are 2 feet from the side property line instead of the required 4 feet for property located in the R-2 Single Family Residential District at 3730 Inglewood Avenue South is granted based upon the finding setforth above. Reviewed for Administration: Adopted by the City Council January 5, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 010305 - 4d - Declare Council Meeting Dates Page 1 4d. Motion to adopt resolution declaring 2005 City Council meeting dates Background: The St. Louis Park City Council Rules and Procedures require Council to set and approve meeting dates each year. The City Council's policy is not to meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, Sukkot, Passover and Shavuot. For New Year's, Christmas and Yom Kippur, this includes the evening before the holiday. For Rosh Hashanah, Sukkot, Passover and Shavuot this includes the first and second evenings of the holiday. A. Regular Meetings Regular meetings will be held on the first and third Mondays of each month at 7:30 p.m. A schedule of all regular meetings and recognized holidays will be kept on file at City Hall. Regular meetings can be cancelled or rescheduled at any time, provided Council meets at least once per month. Current policy states that when the meeting date falls on a holiday, the meeting will be scheduled on the next succeeding day that is not a holiday, unless another day has been designated in advance. If the Tuesday is also a holiday, the meeting is moved to the same hour on the next succeeding Monday that is not a holiday. This is the case for two meetings in the month of October in observance of Rosh Hashanah and Sukkot. Council also has the discretion to move the meeting to the Wednesday following the first two evenings of each holiday observance if deemed necessary at that time. Recommendation: Staff recommends approval of the meeting dates in Exhibit A of the attached resolution. Attachments: Resolution Prepared by: Kimberly A. Olson, Administration Secretary Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4d - Declare Council Meeting Dates Page 2 RESOLUTION NO. 05-004 RESOLUTION DECLARING 2005 CITY COUNCIL MEETING DATES WHEREAS, the City Council Rules and Procedures require Council to annually declare its public meetings for the year, WHEREAS, the City Council takes holidays into consideration when declaring public meetings and has chosen to not meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, Sukkot, Passover and Shavuot of each year, WHEREAS, regular meetings will be held on the first and third Mondays of each month at 7:30 p.m. If the meeting date falls on a holiday, the meeting will be scheduled on the next succeeding day that is not a holiday, unless another day has been designated in advance. Regular meetings can be cancelled or rescheduled at any time, provided Council meets at least once per month, NOW, THEREFORE BE IT RESOLVED that the City Council of St. Louis Park has reviewed Exhibit A and declares those dates to be the public meeting dates of the City Council. Approved by the City Council January 3, 2005: Reviewed for Administration: City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 010305 - 4d - Declare Council Meeting Dates Page 3 Exhibit A 2005 City Council Meeting Dates Jan. 3 Regular Meeting July 5 Regular Meeting (Tuesday, Independence Day) Jan. 10 Study Session July 11 Study Session Jan. 18 Regular Meeting (Tuesday, Martin Luther) July18 Regular Meeting Jan. 24 Study Session King Jr. Day) July 25 Study Session Feb. 7 Regular Meeting Aug.1 Regular Meeting Feb. 14 Study Session Aug. 8 Study Session Feb. 22 Regular Meeting (Tuesday, President’s Day) Aug. 15 Regular Meeting Feb. 28 Study Session Aug. 22 Study Session Mar. 7 Regular Meeting Sept. 6 Regular Meeting (Tuesday, Labor Day) Mar. 14 Study Session Sept. 12 Study Session Mar. 21 Regular Meeting Sept. 19 Regular Meeting Mar. 28 Study Session Sept. 26 Study Session Apr. 4 Regular Meeting Oct. 3 CANCELLED (Due to Rosh HaShanah) Apr. 11 Study Session Oct. 10 Regular Meeting / Study Session Apr. 18 Regular Meeting Oct. 17 CANCELLED (Due to Sukkot) Apr. 25 Study Session Oct. 24 Regular Meeting / Study Session May 2 Regular Meeting Nov. 7 Regular Meeting May 9 Study Session Nov. 14 Study Session May 16 Regular Meeting Nov. 21 Regular Meeting May 23 Study Session Nov. 28 Study Session June 6 Regular Meeting Dec. 5 Regular Meeting June 14 Study Session (Tuesday, Shavuot) Dec. 12 Study Session June 20 Regular Meeting Dec. 19 Regular Meeting June 27 Study Session Dec. 26 Study Session St. Louis Park City Council Meeting 010305 - 4e - Off-leash Dog Park Task Force Page 1 4e. Motion to approve formation of a task force to study and recommend a permanent location for an off-leash dog park. PURPOSE OF REPORT Staff is proposing a task force be formed that would begin meeting in January to recommend a permanent home for an off-leash dog park. The task force would review the current use of the interim site and determine the site characteristics necessary for a successful permanent site. The task force would be asked to submit its recommendation to the City Council by June of 2005. The Parks and Recreation Department hopes to be able to open a permanent facility in 2006. BACKGROUND The interim site is located at Bass Lake Preserve, West 36th Street and Belt Line Boulevard, along the east side of the tennis courts. However, the site is not proposed to be used on a permanent basis because it is zoned for multi-family housing and is expected to be developed in the future. Although the users are happy with the interim site, this area isn’t ideal because of its small size and lack of varied terrain. Operating an off-leash dog park on a temporary basis will allow city staff to collect solid evidence on the behavior of dogs and dog owners within a St. Louis Park site. It’s hoped that this data will help alleviate fears about a dog park for residents of other neighborhoods. PROCESS PROPOSED FOR THE TASKFORCE This will be a working task force that will divide into sub-committees. The sub-committees will review and discuss the time of day most popular at the interim site, the user likes and dislikes about the interim site, the characteristics of what other off-leash sites are like in the metro area, how many people a day use the site, etc. This task force will work with staff on what site characteristics make for a successful off-leash site. They will review the fears that were brought up during the initial resident meetings to see if of those fears have materialized with our interim site. Staff will provide periodic updates through the Managers Digest or Study Session reports on where the task force is at with collecting data and reviewing sites. Once all the data is collected and recommendations have been made, the task force will then report their findings and recommendation to the City Council at a Study Session. After making the Council aware of the recommendations, staff will host a public open house for the community at large as well as off- leash dog park users to review the recommendations. Meetings with the neighborhoods near the proposed site will also be held once the task force has a recommendation. Most of the initial work by the task force will be to collect and assemble data to answer many of the questions and concerns expressed by residents who did not want an off-leash site in their neighborhood. Having an interim site will allow us to get factual information on how the residents of St. Louis Park are using the off-leash dog park. Twenty-four applications were received to serve on the task force. Staff has reviewed all of the applications and separated them into five sections of the City (northwest, north east, central, southwest and southeast) based on where the applicants live. Two or three members were chosen St. Louis Park City Council Meeting 010305 - 4e - Off-leash Dog Park Task Force Page 2 from each of the five sections of the City. Staff did this to achieve balance among the people on the task force. There is one representative that lives near each of the previously proposed off- leash sites at Cedar Knoll Park and near the proposed Lake Victoria site. The others were chosen by trying to achieve gender equity, although women out numbered men applicants 3-1. Staff has contacted and recommends the following individuals for the task force: Kari Albers, Livia Babcox, Joan Barnes, Brian Driscoll, Clark Eichelberger, Jon Erickson, Douglas Foley, Kay Harris, Bill James, Meghan Phimister, Patty Podruch-Anderson, Diane Slais, Jen Stanerson, and Jen Warner. TIMELINES Staff would like the task force to begin meeting in January and ending with a recommendation to Council by June of 2005. RECOMMENDATION Staff recommends approving the formation of a task force to study and recommend a permanent location for an off-leash dog park in the City. Prepared By: Cynthia S. Walsh, Director of Parks and Recreation Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4f - Excess City Land Task Force Page 1 4f. Motion to Ratify Excess City Land Task Force Background The disposal of public property, regardless of its use, typically incurs at least some public opposition or concern, especially from property owners in close proximity. For this reason, Council directed staff at the September 13, 2004 Study Session to develop a public process to determine whether or not a parcel should be sold. At the November 22, 2004 Study Session Council directed staff to proceed with the Excess Land Task Force process to address future use of excess city land. The following process was approved and will be implemented pending Council ratification of the Excess City Land Task Force. Process For Determining What Parcels Should Be Sold: 1. Establish Task Force. Establish a task force consisting of approximately ten persons to analyze and provide recommendations on the possible sale of City property. The intent would be to chose a task force where its total membership would represent the various geographical areas of the City and would consist of the following: a. 1 member of Parks & Recreation Commission b. 1 member of Housing Authority Board c. 2 members Planning Commission d. 4 members from Neighborhood Associations - one from each Ward e. 1 member of School Board f. 1 Realtor Representative 2. Task Force Meetings. Hold four task force meetings between mid-January and early March: a. Meeting one: Develop evaluation criteria before sites are revealed. b. Meeting two: Tour identified properties. c. Meeting three: Evaluate properties against criteria and make recommendations for the sale of selected parcels. d. Meeting four: Suggest uses for sales proceeds of the parcels. 3. Public Open House. Based on recommendations of the task force, invite persons within 500 feet of all of those properties identified for sale and neighborhoods leaders to public meetings to be held in mid-March. The agenda for the meetings will include a presentation of the work of the task force and will have a unique “station” for each property with a staff member to talk with neighbors and record public comments. 4. Study Session. Bring task force recommendations and comments from the public meeting to a City Council Study Session in April. At that time Staff will also include information on the legal process for selling the parcels and a process to determine eligible buyers for discussion during the Study Session. St. Louis Park City Council Meeting 010305 - 4f - Excess City Land Task Force Page 2 5. Council Meeting. If recommendations to sell properties are made, the City Council will vote on the proposed sites to be sold as a group, and staff would be directed to facilitate sales in as expedient manner as feasible. Task Force Membership. At Council direction membership for the task force has been recruited and includes the following residents: 1. Parks & Recreation Commission - Tom Worthington 2. Housing Authority Board - Steve Fillbrandt 3. Planning Commission - Carl Robertson and Robert Kramer 4. Cedarhurst Neighborhood Associations, Ward 1 - Louis Schoen 5. Minikahda Vista Neighborhood, Ward 2 - Claudia Johnston-Madison 6. Minnehaha Neighborhood, Ward 3 - John Share 7. Westwood Hills Neighborhood, Ward 4 - Dawn Plender 8. Coldwell Banker realtor and resident - Paula Spiteri 9. 1 member of School Board yet to be designated Recommendation: Staff recommends that Council ratify the membership of the Excess City Land Task Force. Prepared by: Kathy Larsen, Housing Programs Coordinator Judie Erickson, Planning Coordinator Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4g - November 2004 Financial Statements Page 1 4g. November 2004 Financial Statements Attached are the November 2004 financial statements for the General Fund and the Park and Recreation fund. The list below summarizes what is included in this packet. 1. Monthly financial statements for the overall general fund and park and recreation fund by account summary level comparing the annual budget figures to the eleventh month of 2004 actual figures. 2. Monthly financial statements for expenditures of the general fund by each department and for expenditures of the park and recreation fund by each division that compares the annual budget figures to the eleventh month of 2004 actual figures. Please note that a negative sign in front of a revenue figure indicates a positive number or rather actual revenue received. In addition, when comparing the “Monthly Financial Report” to the “Departmental Expenditure report”, the “Departmental Expenditure Report” does not include budgeted or actual transfers nor miscellaneous expenses that are included as “other expense”. In reviewing the November financial statements, it is important to note a couple of key factors that had an impact this month to the monthly statements provided: GENERAL FUND • In comparison from October’s to November’s monthly financial report, there is a significant increase in the November report within Intergovernmental Revenue and Services and Other Charges expenditures. While there was a significant decrease in Charges for Services revenue. • The increase in Intergovernmental Revenue was attributable to the receipt of the Market Value Real Estate Credit for $75,488. • The decrease in Charges for Services of approximately $246,000 is attributable to several factors related to the October Financial Statements, mainly Housing Authority salary reimbursement catch up and Engineering Services revenue. • The increase in expenditures of approximately $106,000 for Services and Other Charges was attributable to several factors. First, there was approximately a $33,000 increase for Election Judge payments. Next, a $22,500 payment to the Community Partners Program within Community Development was made. Third, the postage meter was reloaded in TSS for $20,000. Next, about $13,000 in roof repairs were incurred for various City buildings. In Finance, $6,500 in expenditures were incurred for temporary help due to staff shortages. Finally, approximately $11,000 for miscellaneous expenditures throughout various departments. St. Louis Park City Council Meeting 010305 - 4g - November 2004 Financial Statements Page 2 PARKS AND RECREATION • In reviewing the Park and Recreation fund, the monthly financial report shows increases in revenues for Intergovernmental and Charges for Services. There also were increases in expenditures for Services and Other Charges. • The increase in Intergovernmental revenue of $22,351 is from the second half payment from School District #283 for recreational programs. • The increase in Charges for Services of approximately $47,000 is attributable to two main factors. First, approximately $25,000 in revenue from residents was received in regard to the Removal/Cleaning of diseased trees. In addition, approximately $22,000 was received for winter program registrations. • In Services and Other Charges, and increase of approximately $31,000 was due to several factors. Approximately $26,000 was for payments for the Removal/Cleaning of diseased trees. Finally, approximately $5,000 was for miscellaneous expenditures. Additional reminders from previous reports: • Since the City budgets on an annual basis, the budget numbers that appear on the monthly financial reports are annual figures. However, the actual revenues and expenditures are monthly figures. Therefore, you will see much fluctuation in the month to month comparison. • The interest revenue allocation is not yet reflected in the Year-to date actual numbers. Therefore, interest revenue is showing as a negative number. This number will be offset with the interest earnings once the allocation is completed. • Due to the fact that overall revenues are low during the beginning months of each year, the city keeps a reserve of approximately four months of expenditures for cash flow purposes. Attachments: Monthly Financial Statements (Supplement) Prepared By: Brian Swanson, Accountant Approved By: Jodi Bursheim, Assistant Finance Director Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4h - Lamplighter Pond Flood Project Bid Tab Page 1 4h. Motion to designate Park Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,030,707.51 for Lamplighter Pond Flood Improvement, Project No. 00-18 Background: Bids were received on Tuesday, December 28, 2004 for the construction and expansion of Lamplighter Pond. Under this project, the existing pond will be dredged, the shoreline re-sloped, and the pond expanded to provide additional storm water storage. At the December 6th Council meeting, the City Council authorized staff to solicit bids for this work. A total of seven (7) bids were received for this project. An advertisement for bids was published in the Sun Sailor on December 9 and December 16, 2004 and in the Construction Bulletin on December 10, 17, and 24, 2004. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Park Construction, Inc. $1,030.707.51 Veit & Company, Inc. $1,247,369.00 Frattalone Companies, Inc $1,247,518.60 S.M. Hentges & Sons, Inc. *$1,253,329.50 Carl Bolander & Sons Company *$1,311,190.00 Frontier Construction Company $1,575,515.00 Ramsey Excavating Company *$1,847,240.55 Engineer’s Estimate $1,211,915.00 *Bid corrected upon extension Evaluation of Bids: A review of the bids indicates Park Construction, Inc submitted the lowest responsible bid. The City’s consultant, WSB and Associates, has reviewed the contractor’s qualifications and has determined that they are qualified to perform the work necessary to complete the project. Financial Considerations: This work is eligible for funding through the MnDNR grant at a 1:1 match. Therefore, half of the costs will be paid for using Storm Sewer Utility Bond proceeds and half will come from the City’s MnDNR Grant fund. Construction Timeline: Interim completion dates were established in the contract specifications. The majority of grading work will take place from mid-January through mid-March. Then, work will begin on shaping and sloping the banks. After June 15, 2005, the overland swale and road work at 22nd Street & Pennsylvania Avenue will begin. All work is expected to be completed by October 1, 2005. Prepared By: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 4i - Final Payment for Ottawa Alley Project Page 1 RESOLUTION NO. 05-05 RESOLUTION ACCEPTING WORK ON CONCRETE ALLEY PAVING W. 42ND STREET AND OTTAWA AVENUE CITY PROJECT NO. 04-16 CONTRACT NO. 88-04 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated September 7, 2004, Ron Kassa Construction, Inc. has satisfactorily completed the concrete alley paving in the 4200 block of Ottawa Avenue, as per Contract No. 88-04. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $40,461.50 Change Order $ 4,960.54 Over Run $ 480.25 Final Contract Price $45,902.29 Previous Payments (37,493.11) Balance Due $ 8,408.88 Reviewed for Administration: Adopted by the City Council January 3, 2005 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 010305 - 4j - Final Payment for Excelsior Blvd. Reconstruction Page 1 RESOLUTION NO. 05-06 RESOLUTION ACCEPTING WORK ON EXCELSIOR BOULEVARD RECONSTRUCTION PROJECT CITY PROJECT NO. 99-05 CONTRACT NO. 35-02 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, 2002, Hardrives, Inc. has satisfactorily completed the Excelsior Boulevard reconstruction project, as per Contract No. 35-02. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $1,766,900.35 Change Order $85,292.30 Over run/Extra work $152,459.52 Final Contract Price $2,004,652.17 Previous Payments ($1,888,952.07) Balance Due $115,700.10 Reviewed for Administration: Adopted by the City Council January 3, 2005 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 010305 - 4l - Defer 2nd reading of business licensing ord Page 1 4l. Motion to delay second reading of an ordinance enacting a business license investigation fee until February 7, 2005 Purpose of Proposed Ordinance: At the meeting of December 20, 2004, council acted to approve first reading of an ordinance which would establish a fee to assist in recovery of City incurred expenses when a business required to be licensed begins operating without first obtaining a license. Defer Second Reading At first reading the council also moved to set second reading for January 3, 2005. However, staff has received additional requests for information and is requesting deferment of further action until the meeting of February 7, 2005 to ensure that concerns can be adequately addressed Prepared by: Cindy Reichert, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 5a - Board & Commission Reappointments Page 1 5a. Reappointments to Boards and Commissions Reappointment of commissioners whose terms expire on or before December 31, 2004 Recommended Action: 1. Motion to adopt a resolution setting term expiration dates of Fire Civil Service Commissioners 2. Motion to reappoint Commissioners Lee, Hawkinson, Lindenberg, Strong, Hartman, Dworsky, Huiras, Carper, Morris, Roberts, Burt, Trummer, Baum to their respective commissions for terms ending December 31, 2007; Commissioner Moore to the Housing Authority for a term ending 6/30/07; and Commissioner Ohliger to the Police Advisory Commission for a term ending December 31, 2005. Fire Civil Service Commission Term Dates Minnesota Statutes authorize the City Council to create a Fire Civil Service Commission and regulates many of the details of the commission. However, the statute does not address when the commissioners’ terms begin and end in a calendar year. Over the past several years, these dates appear to have been administratively revised, which has resulted in some confusion. The Commission and our Staff are recommending that the situation be addressed by adopting the attached council resolution which sets the terms to coincide with other commissions of the city (December 31st), reaffirms the current membership, and specifies term expiration dates of our current membership. Annual Reappointment of Board and Commission Members The terms of the commissioners listed below have expired on or before December 31, 2004. Commissioners listed below have indicated that they wish to be re-appointed to a new term. Staff liaisons have been consulted and have not informed us of issues that need to be addressed at this time. Terms below are for three years with the exception of the student term which runs for one year only. FN LN COMMITTEE TERM EXPIRES NEW TERM LENGTH Kirk Hawkinson Parks & Recreation Advisory Commission 12/31/04 12/31/07 Sarah Lindenberg Parks & Recreation Advisory Commission 12/31/04 12/31/07 Dana Strong Parks & Recreation Advisory Commission 12/31/04 12/31/07 Judith Moore Housing Authority 6/30/04 6/30/07 Dale Hartman Telecommunications Advisory Commission 12/31/04 12/31/07 Rick Dworsky Telecommunications Advisory Commission 12/31/04 12/31/07 Ken Huiras Telecommunications Advisory Commission 12/31/04 12/31/07 St. Louis Park City Council Meeting 010305 - 5a - Board & Commission Reappointments Page 2 Lynne Carper Planning Commission 12/31/04 12/31/07 Dennis Morris Planning Commission 12/31/04 12/31/07 Paul Roberts Board of Zoning Appeals 12/31/04 12/31/07 Ryan Burt Board of Zoning Appeals 12/31/04 12/31/07 Linda Trummer Police Advisory Commission 12/31/04 12/31/07 Michael Baum Police Advisory Commission 12/31/04 12/31/07 Carl Ohliger Police Advisory Commission – Youth Term 12/31/04 12/31/05 David Lee Fire Civil Service Commission 10/1/04 12/31/07 Attachment: Resolution Prepared by: Kimberly A. Olson, Admin. Secretary Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 5a - Board & Commission Reappointments Page 3 RESOLUTION NO. 05-_______ RESOLUTION SETTING TERM EXPIRATION DATES FOR FIRE CIVIL SERVICE COMMISSIONERS WHEREAS, MN Statute Section 420.10 authorizes the City Council to create a fire Civil Service Commission whose rules of membership, duties, officer designations and length of terms in numbers of years are regulated by that statute; and WHEREAS, MN Statute does not specify calendar dates for those terms, and term ending dates of the Fire Civil Service Commission have traditionally been set through action of city staff and have varied over time; and WHEREAS, Council wishes to set term dates for this commission which concur with other commissions of the city: NOW THEREFORE BE IT RESOLVED THAT, The City Council of the City of St. Louis Park hereby set the terms of its Fire Civil Service Commissioners to coincide with the terms of other city commissions, beginning on January 1st and ending on December 31st of the third year, and reaffirms the membership and term ending dates of the current commissioners and current terms as listed below: Commissioner Term Ending Date David Lee, President December 31, 2004 William MacMillan December 31, 2005 Marjorie Douville December 31, 2006 Reviewed for Administration Adopted by the City Council January 3, 2005 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 010305 - 8a - Appoint Mayor Pro Tem Page 1 8a. Election of Mayor Pro-tem State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem Background: Minnesota State Statute section 412.121 states that at the first meeting of each year the Council shall choose an acting Mayor from the Council members. The acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. Attachments: Resolution Prepared by: Kimberly A. Olson, Admin. Secretary Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 8a - Appoint Mayor Pro Tem Page 2 RESOLUTION NO. 05-008 A RESOLUTION APPOINTING SUSAN SANGER TO THE OFFICE OF MAYOR PRO-TEM FOR THE YEAR 2005 WHEREAS, Minnesota State Statute Section 412.121 requires cities to choose each year an acting Mayor from the Council members; and WHEREAS, the acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor until a successor has been appointed and qualifies; and WHEREAS, the Council has carefully reviewed the qualifications of all Council members and has considered the desires of the residents and the welfare of the City as a whole, NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council that Susan Sanger is hereby appointed Mayor Pro-tem of the City of St. Louis Park and shall serve in that capacity until a duly elected successor assumes the office at the first regular City Council meeting of the year 2006. Reviewed for Administration: Adopted by the City Council January 3, 2005 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 010305 - 8b - 2005 Pay Increases Page 1 8b. 2005 General Pay Increase for employees including City Manager and Performance Bonus for Paid on call Firefighters Each year Council reviews information and sets a general increase in our compensation programs. Recommended Action: Motion to adopt the attached resolution confirming a 3% general increase for non-union employees, setting the salary and paid time off for the Public Works Director and City Manager, and increasing performance program pay for Paid-on-call Firefighters. A. Non-Union Employee Compensation – consultant review: Our compensation plan, which was adopted in 1997, allows the City Manager to approve the standard adjustment by considering market data for public sector positions and general financial conditions of the City. Review of the market was conducted by Rod Kelsey, Compensation Consultant, Principal and Vice President of Riley, Dettmann & Kelsey. Mr. Kelsey reviewed the salaries of St. Louis Park in comparison with cities of population over 25,000 (Stanton Group V), as required in our compensation plan. ICMA regional salary data was used to review and set a salary range for the City Manager. Our consultant determined that the pay maximums for St. Louis Park should increase an overall 3%. It was also recommended that the salary range for the City Mana ger increase 3% based on the ICMA regional salary data. This increase is consistent with all 5 of our union contracts which are also settled at 3% for 2005. City Manager recommendation regarding setting non-union salary for 2005: Upon review of market data and recommendations from our compensation consultant, the City Manager has approved a standard wage adjustment for non- union employees of 3% January 1, 2005. The 3% increase will be applied in accordance with our compensation plan. In our plan, after successful completion of probation (typically 6 months), a position receives double the standard increase to step through the pay range. This type of pay progression continues until the pay line is reached – which is the maximum of the pay range. Positions at the maximum will receive the standard adjustment of 3%, positions progressing through the range will receive up to double the 3% or to the pay line, whichever is reached first. Funds for 2005 compensation are included in the 2005 budget. B. Salary cap – Public Works Director and City Manager Two positions are affected by the salary cap in 2005, Public Works Director and City Manager. Public Works Director: The Public Works Director is the first department head to reach the salary cap of $114,288 set by MN statute. For 2005, it is recommended that the 2005 pay range be adjusted by 3%, consistent with other positions: St. Louis Park City Council Meeting 010305 - 8b - 2005 Pay Increases Page 2 $97,750 - $115,000. Since our Public Works Director is at the maximum of the pay range, the increase will be 3%. It is recommended that the salary for the Public Works Director be set at $115,000 excluding the $300/mo car allowance and apply the salary cap to his 2005 compensation. Salary issued for 2005 must comply with the cap of $114,288, therefore it is recommended that the Council approve 13 hours PTO, to accrue on a per pay period basis and may be used as earned. City Manager: The salary cap for City Manager is $116,600 (waiver received in 2002). In August 2004, after 6 months of successful performance, the Council approved a salary of $120,000 not including car allowance. Car allowance is $600/month, in which $330/month is paid directly as business use and $270/month must be counted toward the salary cap. Due to the salary cap, we were limited in payment of compensation to the City Manager and paid time off was approved. The contract for the City Manager states that base salary and benefits for calendar year 2005, and thereafter, be set when salaries are established for other non-union employees. After review of the regional market data, our consultant recommends Council increase the pay range for the City Manager by 3% and set it at $115,097 - $135,409. To move this position thru the range in accordance with our pay plan, the compensation level for the City Manager is recommended to be set at $127,200. Car allowance will be handled the same as in 2004. Salary issued for 2005 must comply with the cap of $116,600, therefore it is recommended that the Council approve 247 hours PTO to accrue on a per pay period basis and may be used as earned. C. Paid-on-call Firefighter Performance Program Our Paid-on-call Firefighter performance program system was established in 1996. The performance program system was designed for our Paid-on-call Firefighters to be competitive with our volunteer neighbors, and alleviate the need of a Fire Department Relief Association. The performance program is reviewed annually. For 2005 the Fire Chief has recommended a 3% increase to this program effective January 2005. (Payment is typically made year end based on performance as approved by the Fire Chief). Recommendation: Staff recommends approval of the attached resolution which will: • Confirm the City Manager’s decision to set the standard adjustment at 3% increase for employees consistent with other groups for 2005. • Approve salary and paid time off for the Public Works Director. • Approve salary and paid time off for City Manager • Approve the 2005 Performance Program for Paid on Call Firefighters. Attachments: Resolution Prepared by: Nancy Gohman, Human Resources Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 010305 - 8b - 2005 Pay Increases Page 3 RESOLUTION NO. 05-009 A RESOLUTION CONFIRMING A GENERAL INCREASE FOR NON-UNION EMPLOYEES; ADJUSTING THE PAY RANGE AND SETTING PAID TIME OFF FOR PUBLIC WORKS DIRECTOR AND CITY MANAGER AND INCREASING PERFORMANCE PROGRAM PAY FOR PAID-ON-CALL FIREFIGHTERS. WHEREAS, the City Council established and approved, by Resolution, the Position Classification and Compensation Plan for the City of St. Louis Park, and Section VIII-C of such Plan directs the City Manager to approve the standard adjustment to the Plan; THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that: A. The Council confirms the City Manager’s decision to implement a standard adjustment of 3% January 1, 2005 for non-union employees in accordance with the Position Classification and Compensation Plan, and consistent with other employee groups. B. Effective 1/1/05, Council approves a salary of $115,000 for the Public Works Director, not including car allowance. Salary application must comply with the salary limitations of $114,288 set by statute; therefore, the Public Works Director shall receive paid leave (PTO) in the equivalent hours above the salary limit. Paid leave (PTO) for the year 2005 will be 13 hours which will accrue on a per pay period basis, and may be used as earned. C. Effective 1/1/05, Council approves a salary of $127,200 for the City Manager, not including car allowance. Salary application must comply with the salary limitations set by statute therefore; the City Manager shall receive paid leave (PTO) in the equivalent hours above the salary limit. Paid leave (PTO) for the year 2005 will be 247 hours which will accrue on a per pay period basis, and may be used as earned. D. The Council approves a 3% percentage increase in the Paid-On-Call Firefighters 2005 performance program effective January 1, 2005. Performance Program: Paid on Call Firefighters For 0 – 23 months of service, Paid on call Firefighters are eligible to receive a monthly amount. After 23 months, they are eligible to receive an annual amount. This amount may be pro-rated for actual number of months worked. All amounts after the 23 month timeframe show annual amounts and should be adjusted accordingly. St. Louis Park City Council Meeting 010305 - 8b - 2005 Pay Increases Page 4 Years of Service 2005 Annual Up to 23 Months of Service N/A 2 $1,620.00 3 $1,740.00 4 $1,872.00 5 $1,992.00 6 $2,112.00 7 $2,232.00 8 $2,364.00 9 $2,484.00 10 $2,604.00 11 $2,736.00 12 $2,868.00 13 $2,988.00 14 $3,120.00 15 $3,240.00 16 $3,360.00 17 $3,480.00 18 $3,612.00 19 $3,732.00 20 $3,582.00 Reviewed for Administration: Adopted by the City Council January 3, 2005 City Manager Mayor Attest: City Clerk