HomeMy WebLinkAbout2004/12/20 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
December 20, 2004
7:30 p.m.
7:15 p.m. – Economic Development Authority
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Recognition Resolution for Mark Winiecki
3. Approval of Minutes
a. City Council Minutes of December 6, 2004
b. City Council Study Session Minutes of December 13, 2004
c. City Council Study Session Minutes of November 22, 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
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
To consider Ronald and Stephania Greve’s appeal of the Board of Zoning Appeals
denial (2-2 vote) of a variance from the Zoning Ordinance to allow an addition with
eaves that are 2 feet from the side property line instead of the required 3 feet 4 inches
for the property located at 3730 Inglewood Ave S.
Recommended
Action:
Motion to deny Ronald and Stephania Greve’s application for a
variance to section 36-73(b)(2) of the Zoning Ordinance to allow
a 2 foot side yard for an eave instead of the required 3 feet 4
inches.
8b. Adopt 2005 Budget, 2004 Revised Budget, 2005 Property Tax Levy,
and HRA Levy
This is the final step in approving the 2005 budget, 2004 revised budget,
2005 property tax levy, and 2005 HRA levy.
Recommended
Action:
1) Motion to adopt resolution approving the 2004 Property
Tax Levy collectible in 2005, adopting the Budget for 2005,
and adopting the Revised Budget for 2004
2) Motion to adopt a resolution authorizing the HRA Levy for
2005
8c. Resolution Establishing A Health Care Savings Plan Program
Recommended
Action:
Motion to adopt a resolution adding a Health Care Savings Plan
Program to the City of St. Louis Park Personnel Manual
8d. First Reading: Proposed Ordinance Amending Chapter 8, Division III,
Subdivision I, Section 8- 191 – Establishing a Licensing Investigation Fee
Consideration of an ordinance creating an investigative fee for businesses beginning
operation without first obtaining required licenses.
Recommended
Action:
Motion 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.
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 DECEMBER 20, 2004
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Motion to approve payment to the School District of an equipment grant of $31,500
4b Motion to adopt the attached resolution 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 Motion to 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 Motion to authorize the Mayor and City Manager to execute a five-year contract with All
Hours Towing for towing services
4e Motion to adopt the attached resolution 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 Motion to accept the Housing Authority Minutes of November 10, 2004 for filing
4g Motion to accept Vendor Claims for filing (Supplement)
4h Motion to accept the Human Rights Commission Minutes of July 21-2004 for filing
4i Motion to 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 Motion to adopt a resolution recognizing Mark Winiecki’s service to the City of St. Louis
Park
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
December 20, 2004
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual
reports by inclusion of the word “Supplement”.
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UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
December 6, 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: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Engineer (Ms. Hagen)
Assistant Zoning Administrator (Mr. Morrison), Finance Director (Ms. McGann), Planning/Zoning
Supervisor (Ms. McGonigal), Public Works Director (Mr. Rardin), Utilities Superintendent
(Mr. Anderson) and Recording Secretary (Ms. Stegora-Peterson).
2. Presentations
a. NORC (Nurturing Our Retiring Citizens) Program Update
Annette Sandler, Project Coordinator for St. Louis Park NORC project, presented a video
about the NORC project.
Mary Forbush, Chief Operating Officer at Jewish Family and Children’s Service, the
agency administering the NORC project, stated that they were in the process of
requesting funding for the project and believed this was the kind of project supported by
the entire community.
Rita Keck, Coordinator of the Senior Program at Lenox Community Center, noted that
they had 33,000+ participants (600/week) in the center. This year 157 seniors logged
over 14,550 hours of service. Some examples of collaboration with NORC included:
Creation of wooden toys for hospitalized children (900+ toys delivered), Senior Chore
day (served over 50 homes), and a presentation Remembering the Holocaust.
Mayor Jacobs believed this was a great model and very beneficial for the seniors in St.
Louis Park.
3. Approval of Minutes
3a. City Council Minutes of November 15, 2004
Councilmember Omodt indicated on page two, the motion for the consent items should be 5-0.
The minutes were approved as corrected.
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3b. Study Session Minutes of November 15, 2004
The minutes were approved as presented.
3c. Study Session Minutes of November 8, 2004
Councilmember Velick indicated she was in attendance at the meeting.
Councilmember Sanger noted on page two, near the bottom, “, rather than tearing down
non-blighted homes in order to build townhouses” should be inserted after “..torn down.”
On page three, item 3, “because they cannot obtain DSL service” should be inserted after
“…that are underserved”.
Mayor Jacobs indicated on page two where it said, “cautioned against being dictatorial to the
private market”, he was more concerned about being in competition with the private market.
The minutes were approved as corrected.
4. Approval of Agenda and Items on Consent Calendar
Mr. Harmening suggested that 4g (Authorize the Mayor and City Manager to execute the attached
five-year contract with All Hours Towing for towing services) be removed from the consent
agenda. The contract needed more work and they would put it on the December 20 agenda.
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. Close the Time Warner Cable “renewal proceeding” and continue the informal franchise
renewal process.
4b Approve Resolution No. 04-141 for Final Plat for Oak Park Village 2nd Addition.
(Case No. 04-63-S 3401, 3451, 3501 Louisiana Avenue South)
4c Accept October 2004 Financial Statements.
4d Approve Resolution No. 04-142 authorizing renewal of premises permit for St. Louis
Park Boy’s Traveling Basketball, operating at Texa-Tonka Lanes, 8242 Minnetonka
Blvd.
4e Authorize execution of a contract with S & S Tree Specialists, Inc. for 2005 Tree Pruning
(trimming).
4f Approve contract with Oak Knoll Animal Hospital for animal boarding services and
authorize Mayor and City Manager to execute.
4g Removed
4h Motion to Approve audit contract with Abdo, Eick, & Meyers, LLP for 2004 – 2007.
4i Motion to Accept the Park and Recreation Advisory Commission Minutes of Oct. 19,
2004 for filing.
4j Motion to Accept the Housing Authority Minutes of October 13, 2004 for filing.
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4k Motion to Accept the Planning Commission Minutes of November 3, 2004 for filing.
4l Motion to Accept the Board of Zoning Appeals Minutes of September 23, 2004 for filing.
4m Motion to Accept the Human Rights Commission Minutes of April 21, 2004 for filing.
4n Motion to Accept the Human Rights Commission Minutes of June 16, 2004 for filing.
4o Adopt Resolution No. 04-143 authorizing installation and special assessment of a fire
sprinkler system at 4300 36 ½ Street West and directing the Mayor and City Manager to
execute a special assessment agreement with the property owner.
4p Adopt Resolution No. 04-144 accepting concrete alley paving work by BCG,
Construction, Inc. on the 7600 and 7700 blocks of Edgewood Ave. and authorizing final
payment to be issued.
4q Adopt Resolution No. 04-145 accepting work on curb and gutter installation and street
maintenance project (Virginia Avenue and W. 22nd Street) and authorizing final payment
to be issued.
4r Accept Vendor Claims for filing (Supplement).
It was motioned by Councilmember Santa, seconded by Councilmember Velick, to approve the
Agenda and items listed on the Consent Calendar, as amended.
The motion passed 7-0.
6. Public Hearings
6a. Public Hearing on the 2005 Budget and Property Tax Levy
Mr. Harmening stated that they had been working on the budget process for months and
felt they were presenting a responsible budget that kept the City in a good financial
condition and would provide the services they felt the community wanted.
Ms. McGann presented the staff report. 2004 cuts were analyzed and the result was to
restore partial funding for projects that were cut last year. This results in an overall
property tax levy increase of 6%. The property tax levy wasn’t all allocated just to the
general fund, there were several areas that the property tax levy was allocated to. Park and
recreation was partially supported by property taxes. In addition to that, they allocate
almost $1 million in 2005 to park improvements. This was where the market value
homestead credit was going, to continue to improve the parks in the city.
Councilmember Finkelstein stated that was the remaining aide that was received from the
state and was a conservative fiscal policy. If they lost that money through the legislature,
in this year it would not affect the day-to-day operations of the City.
Ms. McGann added there was also a portion of the property tax levy allocated toward the
repayment of general obligation debt.
Mayor Jacobs opened the public hearing. There being no speakers, the public hearing was closed.
Mayor Jacobs noted that final action would be taken on the budget by the City Council on
December 20, 2004.
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7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. City Engineer’s Report: Lamplighter Pond Flood Improvement Project, City
Project No. 00-18. Resolution No. 04-146
Mr. Rardin presented the staff report.
Ms. Hagen described the project details.
Councilmember Basill asked if some of the work needed to be done whether they did this
project or not, what necessary maintenance would be if they didn’t do this project? Ms. Hagen
replied if they were just to clean out the pond and reestablish the edge, it would probably be
about $1 million.
Councilmember Santa asked if there were plans for future maintenance of this pond? Mr.
Rardin responded that they were going through a process to inventory and rate all of the
assets (sidewalks, pavements, water towers, storm basins, etc.) and this would be put on a
routine maintenance schedule. They may do cleaning every five years, but haven’t
determined exactly when it would be done.
Councilmember Sanger indicated the possibility was mentioned that one or more houses
may be taken for flood control purposes. She wanted to clarify that they weren’t talking
about doing that and before they would, it would be within the City’s discretion if they
wanted to and would have to be agreed upon by the homeowners. Ms. Hagen replied yes,
the acquisition of homes was an element of the existing flood proofing program established
by the City and would only be in the instance that there was a willing seller and buyer.
Councilmember Velick thanked the staff for their work and neighbors for their involvement.
Jay Broderson, 22nd and Quebec, stated his support for the project.
It was motioned by Councilmember Velick, seconded by Councilmember Omodt, to adopt
Resolution No. 04-146 accepting this report, establishing and ordering Improvement Project
No. 00-18, approving plans and specifications, and authorizing advertisement for bids.
The motion passed 7-0.
It was motioned by Councilmember Velick, seconded by Councilmember Finkelstein, to
adopt the attached resolution authorizing approval of an agreement with Park Assembly
of God Church regarding a permanent easement.
The motion passed 7-0.
8b. Request for Conditional Use Permit by the City of St. Louis Park to permit
the excavation of approximately 81,300 cubic yards of excavation material and
expand the pond by 5.9 acres through excavation of the area north of Lamplighter
Pond --1800 Pennsylvania Ave. S. and 1461 Texas Ave. S. Case No. 03-50-CUP.
1800 Pennsylvania Ave. S and 1461 Texas Ave. S.
Resolution No. 04-148
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Ms. McGonigal presented the staff report. The Planning Commission recommended hours
of operation be 8:00 AM to 6:00 PM on weekdays and that the neighborhood be notified if
work was to be done on weekends. Planning Commission also suggested that trucks do
not queue in the neighborhoods, but queue off-site or on the site of the pond itself.
Councilmember Velick was unsure how the queuing of trucks could be done without
blocking traffic or being in front of peoples homes. Ms. Hagen responded that when they
used the term “off-site” it meant out of the neighborhood, somewhere on a more collector
street, to the extent possible. There may be some queuing, but they would try to
minimize it as much as possible. They may also try to have the trucks sit in the pond as
they were doing the excavation.
Ms. Hagen commented regarding limiting the hours of construction operation, the window
they had from mid-January to mid-March was relatively a short time period. When the
excavation amount was 47,000 cubic yards originally anticipated, they thought that was
manageable. Given that the volume had increased so much, that two-month window had
significantly impacted the amount of time that it would take. They would like to consider
having the hours of construction operation modified back to the ordinance requirements.
They realized Planning Commission put the requirements on to limit the disruption to the
neighborhood, but there was the benefit of getting it done in a shorter time period.
Councilmember Velick stated she wouldn’t like to see work done later than 7:00 PM.
Councilmember Sanger indicated this had been an issue in other projects. What was the
harm if they didn’t modify the hours from what the Planning Commission recommended?
Ms. Hagen responded that after mid-March they could get into a situation where the snow
was thawing, there was more water and there would also be road restrictions that would
limit the weight of vehicles that could be on the roads.
Councilmember Finkelstein asked if they could do it within 8:00 AM – 7:00 PM? Mr.
Rardin replied that the hours were difficult to negotiate. This project needed to be done
by the middle of March or it would carry over into next winter. They needed to give the
contractor some latitude.
Councilmember Sanger asked if there would be overtime if they worked on the
weekends? Ms. Hagen replied no, they would build that into the contract costs. They
would anticipate work be done on Saturdays.
Councilmember Velick asked if they could ask the contractor to renegotiate times
depending on the weather and keep it from 8:00 AM to 7:00 PM?
Mayor Jacobs was uncomfortable negotiating the hours. What he had typically heard
with construction projects in this area was that they would rather it be done in a shorter
time period. This project should get done this year.
Mr. Harmening suggested that they keep the times that the Planning Commission
recommended (8:00 AM-6:00 PM and no work on the weekend), but because of weather
conditions or other unforeseen circumstances the project was falling behind, that they
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could work from 8:00 AM – 8:00 PM and also on weekends during reasonable hours
provided the neighborhood was contacted and that the City Manager approved it. He
wanted to avoid having to amend the conditional use permit.
Mr. Rardin suggested that this was different than a private project because the City was
running it. A CUP could be issued with a broader range and they could have narrower hours
in the contract to begin with. If there were problems they could then change the hours.
It was motioned by Councilmember Velick, seconded by Councilmember Sanger, to adopt
Resolution No. 04-148 approving the Conditional Use Permit to allow the excavation of
approximately 81,300 cubic yards of soil from the location described subject to
conditions included in the resolution. The hours of operation shall be between 8:00 a.m.
and 6:00 p.m. on weekdays and 9:00 am and 6:00 p.m. on weekends; written notice to all
property owners within at least 350 feet must be given prior to working on weekends. If
additional hours for the excavation project are needed, hours may be extended to those
allowed by city ordinance with written notice given to all property owners within at least
350 feet prior to conducting work in the extended hours.
Commissioner Finkelstein made a friendly amendment to allow for the expansion of the
pond by 5.9 acres through the excavation of the area North of the pond.
Councilmembers Velick and Sanger accepted the friendly amendment.
The motion passed 7-0.
8c. Request by Target Corporation for an amendment to its existing Special Permit
#96-39 to construct a new SuperTarget, together with requests for variances to
permit larger wall signs than allowed by code, to allow a reduced bufferyard
along the west property line. 8900 State Highway #7. Case No. 04-32-CUP &
04-33-VAR. Resolution No.’s 04-149 and 04-150
Mr. Morrison presented the staff report.
John Dietrich, RLK Kuusisto, discussed the site design elements. The original project
was to remodel the existing store into a SuperTarget. As the cost analysis was being
done, because of site issues with flooding, they changed the proposal to a new structure.
There would be three storm water ponds. The new structure will be built above the 100-
year flood elevation. There will be a green median on both sides of the entrance. The
proposed plan would put the impervious ratio at 80%. Parking would meet the code
requirements. They would allow the store to run through the Christmas season of 2005,
and then the store would close for ten months. They would be adding sidewalks and
connecting with the trail. One of the proposed variances was for landscaping on the West
where they will add approximately 250 plants. Screening will be better done from the
trail. The other variance was for signage, that all signage be combined onto the East
façade and represent 5.2% of the front façade. All signs would be below the 300 square
foot maximum. He described the building façade. Items that had changed since the
Planning Commission included: the building square footage had been reduced by
approximately 7,000 square feet; the parking provided would be 784 stalls, which was a
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4.5 ratio on the Target lot; the loading dock had been brought into the building and would
be fully screened, and was moved further from the apartment buildings.
Mr. Morrison discussed the traffic study. The level of service was at or above the acceptable
levels of service of “D”, most “A” and “B”. The anticipated 2006 level of service had only
changed at the intersection of Aquila and 37th. They took into consideration the SuperTarget
and the improvements of Knollwood Mall. It was still a good passing grade.
Irwin Stolby, Plantation Apartments, stated a concern about liability issues from more
pedestrians crossing his property to walk to the new store because there was nowhere else
for them to walk. They also had a problem with Target’s carts being left on their
property. He suggested a walking path be put on the South side of Highway 7.
Councilmember Santa stated that she had such success with merchants in the area when
their carts needed to be picked up.
Mr. Stolby believed that the Park administration should finish the pathway. He
considered fencing the property because of these issues.
Mayor Jacobs clarified that his property was in Hopkins and would be difficult for the
City Council to address.
Mr. Harmening stated that they couldn’t address this issue as a part of the Special Permit
amendment and they could not condition it on Target putting in a trail on this property, in
another city. They could however take action on this and staff could talk with Hopkins
about a cooperative effort or trail extension project in Hopkins. The City of St. Louis
Park had approved trail extension projects in the past from regional trails to streets to
address situations like this.
Councilmember Santa stated that this was presented to the neighborhood as a remodel
and they were assured that the Target would stay open throughout the process and that
there would be no disruption to bus service. This would be a surprise to the
neighborhood. The neighborhood was supportive of a SuperTarget, but it was worrisome
to her that there wasn’t another neighborhood meeting with the revised information. She
was supportive of the project, even with the changes. She asked where the cart corrals
would be? Mr. Morrison replied they were located at the end of the concrete walkways
and scattered on each island throughout the site.
Councilmember Santa expressed concern about carts throughout the neighborhood. To date
Target had been cooperative picking them up, but she wanted to see that continue. During
the construction, would there be disruption in the bus service? Mr. Dietrich responded
during construction they would have to accommodate traffic and could not close the street,
there would be modification on the route. They would be in discussions with MCTO.
Councilmember Santa asked for clarifications on screening or painting the structures on
the top of the building? Mr. Dietrich replied that Highway 7 and the new apartments to
the Northwest were above the roofline, so a parapet would not screen the rooftop units.
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The roof would be a medium tan and the units would come from the factory a light tan
color to blend with the roof.
Councilmember Sanger commented that she was appreciative of some of the things they
were doing and that the design would be an improvement over what was there, and the
efforts to reduce the flooding problem. She had concerns about parking. The assumption
was that there would be twice as much traffic, yet they were cutting the available parking
by 20%. She had experiences where there were not sufficient parking and it was too
crowded. It seemed there would be a significant parking problem. What were they going
to do in the event that there was too great a demand for parking spaces? The other concern
had to do with the traffic analysis. One of the intersections that was not analyzed was 36th
street where the regional trail crossed. It was difficult to bike across 36th Street from the
trail and if they were doubling the amount of traffic, she assumed that would add to the
traffic on 36th Street which was an issue for trail crossing. Mr. Dietrich replied in terms of
the traffic generation rates that were utilized by SRF Consultants, they did not fully agree
that a doubling of the traffic generation would occur. Whenever a Super Target goes in
compared to a typical Target store, there were an added number of trips, but it was closer
to the 25-30% range, not double. The Super Targets allowed a greater capture of product
and product line with the same trip. In terms of the parking, now there is one main entry
to the store. The proposal with the SuperTarget would have two main entries and the
parking would be distributed to two entries on the site. They were capturing more parking
on the North side of the proposed door and allowing a better distribution of parking. The
parking ratio was proposed to be 4.5 per 1,000 square feet. That was still a lot of parking
stalls. On a regular Target, they typically look at 5.0 ratio per 1,000 square feet. With a
super store, it was not necessary to keep it at 5.0, dropping it down to 4.5 per 1,000 square
feet was a realistic number which would allow enough parking and distribution around the
two main entries. They were limited on expanding the parking.
Councilmember Sanger stated she understood the theory, but her experience was that the
theory didn’t fit. She was concerned about the addition of traffic and cars and that they
were taking away parking spaces.
Mr. Dietrich indicated they currently had over 6 per 1,000 square foot ratio, which
exceeded city codes. They looked at this as an urban site and anticipated there would be
transit and with a good trail connection there will be a number of walkers and bicyclists
to a higher level than it currently was. They would have bicycle racks in the front. They
made the front of the store more plaza-like.
Councilmember Velick asked about the traffic circulation, were there only two entrances?
Mr. Dietrich replied yes.
Councilmember Velick wondered if they anticipated any problems with traffic flow?
Secondly, how does the number of parking spaces in this proposed Target compare to the
Target on 36th Street? Mr. Dietrich responded that the majority of traffic was coming off of
37th Street. It would be a free-flow condition in, with a three-way stop for traffic going out.
There will be designated crosswalks for pedestrians. They anticipated that the design would
adequately manage the traffic flow. In terms of the parking, the ratio was 4.5-4.8 per
thousand, this would be comparable to the other Target. There was a question on the
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crossing of the regional trail at West 36th Street, he was familiar with that intersection and
thought it was a question that needed to be looked at from a broader perspective.
Councilmember Omodt commented that the Council went on a canoe trip down the
Minnehaha creek which gave them a better appreciation for the creek and what a natural
beauty it was. The East side of this parking lot always flooded and he liked the way they
had taken care of that. This would be a much better solution for the creek and looked
very nice. He appreciated that they were going from 84 to 80% of impervious surface.
He would like to see more design this way.
Councilmember Finkelstein added that this would assist with the health of the creek.
They were also adding a regional trail access and more people would be able to do their
shopping without driving a car.
Mr. Harmening commented a common outcome of a lack of parking in a private parking
lot was people parking on street or in drive lanes. This site was isolated from other
properties. Would there be “No Parking” signs in the outside driving lane and what kind
of provisions would be made to ensure that people weren’t parking where they shouldn’t?
Mr. Dietrich anticipated they would work closely with the Fire Marshall and he saw that
as a designated fire lane. The other areas would also be signed for “No Parking” because
they had a transit shelter and layover.
Mr. Harmening asked about the other road? Mr. Dietrich replied that it was currently
signed for “No Parking” and they didn’t anticipate having any parking on that road.
Councilmember Santa asked what the ordinance requirements were for the parking? Mr.
Morrison responded that the site as proposed met the parking requirements for a shopping
center. The doubling of trips that was assumed was not the doubling of the total Target
trip generation, but the increment between the Target and the SuperTarget.
It was motioned by Councilmember Santa, seconded by Councilmember Omodt, to
approve Resolution No. 04-149 granting Special Permit Amendment, subject to the
conditions as recommended by staff; approve a variance to Section 36-364(f)(4) allowing
the reduction of bufferyard requirements along the west property line from 2706 plant
units to 801 as illustrated in the landscaping plan; and, to approve Resolution No.04-
150 granting a variance to Section 36-362(g)(4)c to allow two wall signs to exceed the
150 square foot maximum for sign faces allowed for shopping centers with the condition
that no sign face exceed 300 square feet.
Councilmember Velick asked if the City would connect with the neighborhood to tell
them that the plans had changed? Mr. Morrison replied that they would send a revised
site plan showing the changes and a project description. He also felt a meeting needed to
be held with the business community talking about the improvements and the disruption
to the bus service and the road.
Mayor Jacobs felt it would have been better to have a neighborhood meeting first before
they changed the project.
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Councilmember Santa appreciated that they would be open another year which would
allow time to let the neighborhood know and allow people to make other arrangements.
Many people in that area walk and use the bus.
Councilmember Basill asked if they had any plans to close the Target at 36th and
Highway 100? Mr. Tucker, Target, replied no, they were planning on remodeling that
store before the construction of the Super Target.
The motion passed 7-0.
9. Communications
Mayor Jacobs indicated he had been doing bus tours and City Hall tours for the 3rd graders,
which was something he thoroughly enjoyed. He commended Eric Lincoln at the Police
Department, Reg Dunlap in City Hall and Kim Olson for their assistance with the tours. He
received thank you cards from the classes and really appreciated them.
10. Adjournment
The meeting adjourned at 9:55 p.m.
______________________________________ ______________________________________
City Clerk Mayor
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UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
December 13, 2004
The meeting convened at 6:00 p.m.
Councilmembers present: John Basill, Phillip Finkelstein, Sue Santa, Susan Sanger, Sally Velick,
and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Fire Chief (Mr. Stemmer), Planning and Zoning
Supervisor (Ms. McMonigal), Economic Development Coordinator (Mr. Hunt); Community
Development Director (Mr. Locke); Inspections Director (Mr. Hoffman); Public Works Director
(Mr. Rardin); Tech and Support Services Director (Mr. Pires); City Engineer (Ms. Hagen); and
City Clerk (Ms. Reichert).
1. Meeting with Legislators
Steve Kelley (Senate District 44), Ron Latz (House District 44b), and Steve Simon (House
District 44a) were present to discuss the upcoming 2005 legislative session and issues of interest
to the City of St. Louis Park.
Senator Kelley stated that he believed the state budget deficit will overshadow all other concerns
at the legislature and that working relationships were also of concern. Representative Latz stated
that many bills had been passed during the last legislative session which were of routine nature,
and he hoped social issues would not be the center of attention this year. He also talked about
committee structure which would be markedly different this year.
Representative Simon indicated that he was looking forward to working with the City when his
term begins.
Mr. Harmening indicated that some of the items listed in the report were bonding requests that
would not be considered by the legislature until the 2006 session. Senator Kelly appreciated the
advance notice so that work could begin on the issues.
2. Availability of Properties at Highway 7 and Wooddale Avenue
Mr. Hunt introduced the issue stating that the Dworsky family, who currently own the property,
were no longer interested in developing the property and had indicated that they would be
willing to sell the property to the city. Staff asked if council was interested in exploring the
feasibility of the purchase by asking that a limited appraisal and purchase agreement for the
subject properties be performed. Mr. Hunt believed that the land was a good value in that the
St. Louis Park City Council Meeting
122004 - 3b - Study Session Minutes of 12-13-04
Page 2
seller is willing and the city would have control over the property to ensure that the land needed
for the future development of the intersection would be available.
Councilmember Sanger asked if the value of the property would be determined based on the
current land value or the future land value. She was concerned that allowing the appraisal to be
done now would raise expectations that the city was indeed going to purchase the property.
Mayor Jacobs believed it was wise to buy the property now, determine land needs for the
intersection and sell the remaining parcels back to a private developer at a later date.
Councilmember Velick stated that she understood the importance of the city controlling the
property at the time intersection and roadway improvements were to be done. Getting an
appraisal done now was a logical step.
Councilmember Basill asked what we would be doing with the property if we purchased it. Mr.
Hunt responded that the some of the businesses operating on the property would continue to
lease the space and that some of the structure would be removed to facilitate construction of the
frontage road. As we get nearer to the development of the separated grade crossing at that
intersection, and are sure of what land is needed for the project, portions could be sold back to
the private market.
Mr. Locke was concerned that if the city did not purchase the land at this time, the Dworsky
family would sell to another private party. Because the city will need to acquire at least a portion
of the property for future roadway improvements he felt it would be more prudent to act now
rather than deal with another private party in the future.
Mayor Jacobs recalled the Hutchinson Spur Acquisition and did not want a repeat of that
scenario. He felt there was a clear public purpose in this acquisition and felt that buying now
would be much more economical.
Councilmember Basill said the neighborhood may be concerned that the city is purchasing land
in the Elmwood area when they were told the city did not intend to purchase land. He wanted it
to be very clear that if the city were to purchase the property it would be to facilitate roadway
improvements and to sell what is left for development that would occur according to our high
standards. He believed the neighborhood would be supportive if the process was handled right.
Mr. Harmening thought expectations of the neighborhood and the seller could be managed by
staff during the process. He also suggested that the appraisal include figures on what acquisition
of the roadway only would be.
3. I-394 Overlay District Development Update and Analysis
St. Louis Park City Council Meeting
122004 - 3b - Study Session Minutes of 12-13-04
Page 3
Staff and Marie Cote of SRF Consulting Group met with council to discuss results of the
Development Update and Analysis prepared by SRF on behalf of the cities of St. Louis Park and
Golden Valley.
Ms. Cote answered questions from the council regarding results of the study and council also
discussed proposed development plans in the area.
Councilmember Sanger asked if the Joint Powers Committee Task Force would be reconvening
anytime soon. Mr. Harmening responded that the committee had not been called together for
some time but may be called together to consider the newest development plans.
4. Quentin Ave/Cedar Lake Road Area Traffic Study
SRF had also done a study of traffic flow on the east side of Highway 100 where numerous
resident complaints had been heard. As a result of the study and of discussion by the council,
signage and striping as described in scenario B of the accompanying report will be installed as
soon as feasible. Additional short term improvements will be included in the 2005 CIP.
The meeting was adjourned at 10:30 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
122004 - 3c - Study Session Minutes of 11-22-04
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
November 22, 2004
The meeting convened at 6:30 p.m.
Present at the meeting were Councilmembers John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Director of Community Development (Mr.
Locke), Economic Development Coordinator (Mr. Hunt), Housing Programs Coordinator (Ms.
Larsen), Finance Director (Ms. McGann), Public Works Director (Mr. Rardin), and City Clerk
(Ms. Reichert).
1. Lease Agreement with STEP for 5925 Highway 7
Jackie Olafson and Sharon Abelson from STEP were present at the meeting.
Councilmember Finkelstein asked how STEP’s search for a new location was going. Ms.
Olafson stated that they really want to purchase a permanent property but there is not a feasible
property available right now that fits their needs.
Councilmember Finkelstein was concerned that future road improvements would need to be
made before STEP found a home. He wanted to be clear that this was temporary and the city’s
reason for purchasing the property in the first place had been to make room for roadway
improvements. Councilmember Santa was concerned that public perception will be that this
location is STEP’s permanent home. Councilmember Velick emphasized the need to advertise
the temporary status. She had concerns that the longer STEP remained in the building, the less
likely they would be to receive grants and funding. Councilmember Basill stated that STEP has
been working hard to find a new location and he inquired if it is realistic to believe STEP can
find a building or pay the rent amount the city wants to charge. Councilmember Santa stated that
the primary objective is to move the road.
Councilmember Santa emphasized the importance of making sure that work is done ahead of
time to ensure public awareness of the issues: the temporary location and the reason for the
purchase of land at 5925 Highway 7.
Councilmember Velick asked about relocation assistance for STEP. Mr. Locke replied that
STEP is eligible for assistance.
Mayor Jacobs felt the amount of rent is not a concern but is concerned about the construction
timing. Mr. Hunt responded that the earliest construction could start is July of 2005, but that the
project could be delayed longer.
Councilmember Sanger asked if there was any assistance from the schools for relocation. Ms.
Olafson responded that there has not been any assistance.
St. Louis Park City Council Meeting
122004 - 3c - Study Session Minutes of 11-22-04
Page 2
Council discussed various options for lease terms, rental amounts and relocation compensation.
Councilmember Basill asked that the lease specifically stated that the purpose of the property is
for road improvements.
Council discussed the options presented to them and agreed to a $1 per month, seven month
lease with a six month extension with the opportunity to negotiate relocation fees.
2. Louisiana Court Update
Steve Cramer, Barbara McCormick, and Ron Price from PPL were present as well as their
counsel Angela Christie, Faegre & Benson.
Mr. Locke stated that they are looking to update Council on PPL’s financial condition and are
not looking for any immediate decisions at the moment.
The representatives gave a presentation of the financial analysis prepared by PPL.
Councilmember Sanger inquired what would happen to recently awarded MHFA grant funds if
foreclosure occurred. Ms. McCormick responded that funds would not be accepted if
foreclosure is considered. Councilmember Sanger then questioned if this cycle, revenue
shortfalls and unfunded capital improvement needs resulting in additional funding requests,
would be repeated year after year.
Councilmember Sanger stated that exit surveys of previous residents indicated that social issues
were a problem and a reason for leaving. Ms. McCormick stated that they are seeing an
improvement in social dynamics.
Councilmember Sanger was told by someone who had been in the PPL buildings that the interior
of the buildings were not in as good of condition as similar other properties.
Councilmember Finkelstein felt management should be present at the PPL property around the
clock and the police are not equipped to deal with the issues that are occurring. He would like to
see a report prepared on the turnover rate. Ms. Schnitker stated that the police department is
exploring the possibility of having an officer live on site as part of “police in residence” program
that has been developed with PPL. At present, an interested officer has not been identified.
Councilmember Velick had questions about the cleanliness of the property. Ms. McCormick
explained that the carpet was not replaced but was supposed to be a capital improvement that has
not been able to be done yet. Councilmember Basill felt surveillance cameras were needed and
common spaces need to be maintained.
Mayor Jacobs commented that the project was thinly capitalized in the beginning. Mark Ruff,
Ehler’s & Associates, stated that they did not use over-leveraged figures. He said at the time of
the project there was a housing crisis and they did not expect vacancies to be an issue. The
occupancy of the property was to provide capital for operations and improvements and now they
are playing catch up while trying to compete in a competitive environment.
St. Louis Park City Council Meeting
122004 - 3c - Study Session Minutes of 11-22-04
Page 3
Councilmember Finkelstein asked if the City could get out of the project. Mr. Ruff stated that
they would not be able to do so in the near future but they could possibly do something long term
such as finding another investor to sell the bonds to. Councilmember Finkelstein inquired what
is the worst that could happen. Mr. Ruff replied that the City would foreclose and sell the
property at a price that would not cover the outstanding balance on the bonds. Mr. Ruff did
state that the city’s credit rating should not drop.
Councilmember Finkelstein asked about the long term goals for PPL. Ms. McCormick replied
that they are in it for the long haul and they will continue to improve the property as they are able
to do so. She felt that to do nothing would be a disaster.
Mr. Harmening stated that PPL’s proposed Stabilization Plan and additional funding awards
from the County and MHFA would provide two to three years of stabilization. Physical property
improvements will improve the value of the property. Ms. McCormick stated that they are
looking to the larger issue of improving the living conditions. Councilmember Basill felt the
replacement of the management needs to move forward and thought the city should consider
getting out the project. Mayor Jacobs stated that they have come a long way and they should not
stop now. Improvements have been made but there is still work to do. Councilmember
Finkelstein felt they should consider getting out at a later date. Some factors that will come into
play will be decisions made by US Bank to provide additional funding the project, new
management, and vacancy and turnover rates.
Mr. Ruff encouraged the formation of future draft performance expectations. He suggested
setting up the parameters of success expected and reviewing the topic again in February.
Councilmember Finkelstein would like to see a contingency plan in place should US Bank not
decide to provide continued support to the project. Mr. Harmening replied that US Bank is in the
project for the long haul.
Councilmember Sanger stated that she had no confidence how funds were spent and suggested
an audit be conducted. Mr. Harmening replied that staff has reviewed invoices from independent
contractors. Ms. McGann stated that she is confident about the integrity of PPL.
Councilmember Finkelstein was concerned about the $500,000 request for additional funding
from the City and Mr. Harmening replied that he was confident that they will be in good
financial condition even if something happens to PPL.
3. Budget
Ms. McGann stated that for the 2005 tax year an increase of 5.69% was estimated. She spoke
about adding resources in finance, administration, and technology and support services. She
added that there are additional requests that are not outlined in the budget and she may be able to
deliver some of those requests by using contingency funds. Councilmember Sanger suggested
raising the tax increase to 6% to allow the city greater flexibility in reinstating programs and
services that were cut in 2004.
St. Louis Park City Council Meeting
122004 - 3c - Study Session Minutes of 11-22-04
Page 4
Council discussed adaptive recreation and would like to discuss options for that program at a
later date. They also agreed that a funding source for public art must be found.
Council discussed the amount of the tax increase and concluded they wanted to go to 6%.
4. Excess City Owned Land
Mr. Locke explained how the city obtained the parcels of land. He explained the proposed plan
to develop a task force to bring recommendations forward to Council as well as comments
received at an open house. Mayor Jacobs stated that the process sounded good.
Councilmember Sanger would like to see a phase in the process to establish criteria for selling
the parcels and then see that taken out to the public.
Councilmember Santa suggested modeling the process after the one used with the trails and
sidewalks. She felt the entire community has an interest.
Councilmember Sanger would like to vote on the sale of a group of properties rather than
individually.
Council considered how proceeds from the sale of the properties would be used and that should
be done prior to an open house.
Councilmember Omodt does not feel art should be funded through public dollars.
Mr. Harmening felt the process was laid out in a workable fashion.
5. Communications
Mr. Rardin updated Council on the recent meeting regarding Lamplighter Pond.
6. Adjournment
The meeting was adjourned at 10:25 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
122004 - 4a - School District Grant
Page 1
4a. Motion to approve payment to the School District of an equipment
grant of $31,500
City as Grantee: Time Warner Cable is required to provide grants “in support of public,
educational and government access” to the City every five years during the franchise, which
expires February 28, 2005. Time Warner Cable paid the last grant under this franchise
December 31, 2003, with a check for $100,000. Traditionally the City evaluates needs and
forwards a portion to School District #283.
Previous equipment grants: In 1999, 1/3 of the $86,000 equipment grant ($28,667) was transferred
to the School District, and in 1994, $18,000 of the $72,000 equipment grant was transferred to the
School District.
City as Grantor: On December 2, 2004 the Telecommunications Advisory Commission
reviewed a proposal from School District #283 prepared by Tom Marble, Director of
Information Services, and Charlie Fiss, District AV Technician. In the proposal the School
District staff indicated that “The phase of funding received in 2002-2003 facilitated the ability
to broadcast live school board meetings. Funds received in the 2003-2004 school year helped
to improve the abilities of the district’s production studios.” The production studio upgrades
thus far include replacement monitors, a titler and a DVD recorder, and standard 19” rack
equipment to hold the studio control equipment.
The School District proposes to continue to upgrade the production studio. The most urgent need is for
new cameras to replace the studio cameras purchased in 1990. The proposal also says, “Increased use
of the studio will undoubtedly lead to the need for post-production capabilities. We propose that the
facility have an editing station incorporated in to the studio configuration. The computer system could
be used in a live studio production as well as for post-production editing. This would solve problems
of after-hours use and the need for patrons to be in multiple spaces in the senior high school.”
The proposal also recommends replacing studio record VCR’s purchased in the late 1980’s, and
replacing a document camera purchased in 1990.
Summary of the District equipment grant proposal:
Studio camera replacement: (2) $22,000
Document camera $ 1,500
Digital mastering decks (2) $ 4,000
Computer/editing system $ 4,000
Total $31,500
After a motion by Commissioner Rolf Peterson, seconded by Commissioner Rick Dworsky, the
Telecommunications Advisory Commission unanimously recommended that the City Council
approve a School District #283 equipment grant of $31,500.
Recommendation
Motion to approve payment to School District #283 for an equipment grant of $31,500.
Prepared by: Reg Dunlap and John McHugh, TV Coordinators
Through: Clint Pires, Director of Technology and Support Services
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 4b - ENSR Contract for Reilly Consultant Services
Page 1
4b. Motion to adopt the attached resolution 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.
Background: In September, 1986, the Reilly Consent Decree became effective and the City
accepted responsibility for a number of environmental remediation tasks contained in the Reilly
Remedial Action Plan (RAP). Over the last 18 years the City has retained the services of nine
consulting engineers or firms to provide for the design and/or implementation of the RAP
activities. One firm, ENSR, has served as the cornerstone of the professional “consortium”
because of its extensive historical relationship with the Reilly project. Contract activities have
included, but not been limited to:
Groundwater sampling and analysis
Drafting annual reports for agency review
Aquifer studies
Investigation of leaking wells
Soil investigations
Historical file searches
General project administration
Discussion: While many of the studies required by the Reilly RAP have been completed by
ENSR and others, certain tasks such as groundwater sample retrieval and annual reporting
represent ongoing activities which will require consultant assistance in 2005 and in the future.
ENSR has provided consultant services for the ongoing tasks in the past, and as such, has been
recognized by the United States Environmental Protection Agency (U.S. EPA) and Minnesota
Pollution Control Agency (MPCA) as an approved consultant for such activities. Staff supports
the continued use of ENSR for such services.
The following work tasks describe the work and associated costs expected during 2005:
Task 100 – 2004 Annual Monitoring Report: This task involves drafting text and preparing figures
and tables to assist the City in completing the 2004 Annual Monitoring Report. The Annual
Monitoring Report includes analytical results from the past year sampling efforts, as well as
groundwater contour maps. Additionally, a historical summary of analytical results is provided in
the Annual Monitoring Report. A data quality review will again be part of the Annual Monitoring
Report. This report is due to the U.S. EPA and MPCA (Agencies) on March 15, 2005. The task
budget shown in Table 1 is based on the average amount spent on this task for the last three years.
Task 150 – 2004 Annual Progress Report and Granular Activated Carbon (GAC) Plant Report:
ENSR will assist the City in completing these two reports for submittal to the Agencies on March
15, 2005. Table 1 reflects the average amount spent on this task for the last three years.
St. Louis Park City Council Meeting
122004 - 4b - ENSR Contract for Reilly Consultant Services
Page 2
Task 400 – Groundwater Monitoring: This task involves groundwater sample collection in
accordance with the 2005 Sampling Plan and water level measurements pursuant to that Plan.
Table 1 indicates a cost of $54,000 for this work. This cost includes ENSR labor to collect
samples from the municipal drinking water wells, GAC plant, and the gradient control wells. The
samples will be shipped by ENSR. This is a change in scope (increase) from previous years to
better coordinate the groundwater sampling events and to reduce city staff time for Reilly – related
work activities. The cost for this work is based on the average amount spent on this work for the
last three years.
Task 500 – Prairie du Chien-Jordan (PCJ) Aquifer Remedy Implementation: The PCJ Aquifer
Remedy includes pumping the SLP municipal wells currently being used (e.g., SLP-10 or SLP-15
and SLP-4) and monitoring the groundwater. The potential complication presented by pumping at
the Meadowbrook Golf Course (well W119) has not been officially resolved, but it is likely that
the well will not be used for irrigating the golf course. In 2005, changes to the remedy may
include the installation and monitoring of well W413. Also, the MPCA may require sampling at
W119. If there are indications of contamination spreading southward, then well SLP 6 would be
activated for gradient control. The costs in Table 1 reflect a task structure to track costs in
accordance with Exhibit A of the City-Reilly Cost Sharing Agreement. Task 540 will cover
ENSR’s costs to collect 12 groundwater samples (quarterly sampling of three wells), including
$750 for subcontractor costs each time W119 is sampled. The 2005 budget assumes that well
W413 will not be installed.
Task 600 – Laboratory Coordination: This task includes two subtasks:
1. Working with the City’s testing laboratory (STL – Denver) on implementing the Quality
Assurance Project Plan (QAPP), coordinating sampling events, and updating and maintaining
the water quality database.
2. Providing data review and data validation at the levels described in the QAPP. The data
validation and data quality review will be documented in the Annual Monitoring Report.
The costs shown in Table 1 include a subtask cost for data validation and review $2,000 higher
than previous years because this has been under budgeted in prior years.
Task 700 – Site Closure: This task involves the abandonment of unused monitoring wells
throughout the city. The costs shown in Table 1 cover ENSR’s labor and expenses for
coordinating the abandonment of various wells with the MPCA, the city, water well contractors,
and other parties, as necessary. ENSR anticipates negotiating with the agency to shutdown well
W434 in 2005. Contractor costs for actual well abandonment are not included in the budget for
this task.
Task 810 – Program Management and Miscellaneous: This task includes overall planning,
directing, and controlling ENSR’s resources to perform this project. This task also includes
miscellaneous activities throughout the year such as next year’s Sampling Plan (due October 31,
St. Louis Park City Council Meeting
122004 - 4b - ENSR Contract for Reilly Consultant Services
Page 3
2005), that includes the Site Management Plan and the QAPP. ENSR proposes to establish the
same task budget for 2005 program management as for prior years.
As noted above ENSR has been deeply involved in previous related activities and has
collaborated with the City in the development of proposals submitted to the Agencies for the
work tasks listed. Staff supports the continued use of ENSR for the work tasks.
ENSR/City Relationship: Staff is aware of the City Council’s desire to solicit competitive
quotations for consultant services whenever possible. In this instance ENSR’s historical data
base and experience in developing the basic technical foundation upon which the 2005 tasks are
identified cause the Agencies and City staff to strongly support a continued contractual
relationship with ENSR. As in the past, all activities are assigned through, and closely
monitored by staff. Wherever possible, staff drafts reports for submittals, makes contacts with
the Agencies, and coordinates the consultant activities, thereby reducing out of pocket
expenditures.
Financial Considerations: The proposal received from ENSR estimates the cost for 2005 work
tasks at $124,500. Following is a summary of the 2005 tasks and estimated costs:
Table 1
TASK
ESTIMATED
COST, $
Task 100 2004 Annual Monitoring Report (due March 15, 2005) 17,500
Task 150 2004 Progress Report and GAC Plant Report 3,000
Task 400 Groundwater Sampling and Monitoring in 2005 54,000
Task 500 Prairie du Chien Aquifer Remedy Implementation 8,000
Subtask 530 W413 Installation 0(a)
Subtask 540 W48, W119, W413 Monitoring 8,000(a)
Subtask 550 Agency Negotiations 0(a)
Task 600 Laboratory Coordination 12,000
Subtask: lab coordination 5,000
Subtask: data validation and review 7,000
Subtask: laboratory audit 0
Task 700 Site Closure 5,000
Subtask: Well abandonment 5 5,000
Task 810 Project Management/Miscellaneous 25,000
Total Estimated Project Cost for 2005 $124,500
(a) Costs will be split with Reilly.
The 2005 Reilly Budget contains funding for these Reilly related consultant activities.
Contract Terms: The following significant terms have been in the past contracts and will also
be incorporated into this contract:
St. Louis Park City Council Meeting
122004 - 4b - ENSR Contract for Reilly Consultant Services
Page 4
1. Contract terminates annually on December 31, (2005) with City rights to extend for up to
two (2) additional one (1) year periods.
2. Compensation to be based on actual work performed with a maximum contract amount of
$124,500 for 2005.
3. ENSR will defend and indemnify the City for ENSR’s actions related to this contract.
4. ENSR has independent contractor status.
5. City may terminate this contract at any time for any reason with a 30 day written notice.
The city attorney was involved in the preparation of this contract.
Attachment: Resolution
Prepared by: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 4b - ENSR Contract for Reilly Consultant Services
Page 5
RESOLUTION NO. 04-155
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH ENSR INTERNATIONAL FOR
PROFESSIONAL SERVICES RELATED TO
IMPLEMENTATION OF THE
REILLY TAR & CHEMICAL CORPORATION
REMEDIAL ACTION PLAN
WHEREAS, pursuant to the execution of a Consent Decree in the case of the United
States of America, et al versus Reilly Tar & Chemical Corporation, et al, the City of St. Louis
Park has assumed certain responsibilities in the implementation of a Remedial Action Plan
related thereto; and
WHEREAS, the City has determined that it will be necessary to retain the services of a
professional consultant to implement various activities for which it is responsible under the terms
of the Consent Decree and Remedial Action Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Mayor and City Manager are hereby authorized to enter into a contract with ENSR
International in the amount of $124,500 for consultant activities related to the
implementation of the Reilly Tar & Chemical Corporation Remedial Action Plan during
2005.
Reviewed for Administration: Adopted by the City Council December 20, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
122004 - 4c - Reilly Site Laboratory Services
Page 1
4c. Motion to 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.
Background: The City has maintained a contractual relationship with STL - Denver (formerly
Quanterra Corporation and previously Rocky Mountain Analytical Laboratory) for the analysis of
groundwater in accordance with the provisions of the consent decree with Reilly Tar & Chemical
Corporation (Reilly) since 1988. Staff has identified only two firms capable of providing necessary
laboratory services. STL - Denver and CH2M Hill, the laboratory used by the United States
Environmental Protection Agency (EPA). Insofar as the USEPA remains opposed to the use of its
laboratory consultant by either the City or Reilly, STL - Denver remains the only available consultant
for laboratory services.
The contract with STL – Denver has been amended each year since 1988. The City Council has
previously authorized staff to negotiate contract amendments with STL – Denver. The staff has
completed negotiations in costs (unit prices) for the laboratory analysis to be performed in year 2005.
Additional Information: The City, Minnesota Pollution Control Agency (MPCA) and the United
States Environmental Protection Agency (EPA) acknowledge advances in the technology of
groundwater analysis methods since the original testing methodology was agreed to in 1986. City staff
has been advocating for several years to update the testing methodology at the Reilly site. Staff also
determined the procedures for laboratory data reporting, data validation and data quality review needed
updating and simplifying. The entire groundwater monitoring process, which is outlined in the Reilly
Quality Assurance Project Plan (QAPP), was re-formatted by the City in 2000, with EPA guidance, to
current acceptable methodologies. As a result of this, the proposed 2005 monitoring program and this
contract amendment include changes that have significantly reduced the cost of the overall monitoring
program. A summary of recent expenses follows:
YEAR AMOUNT COMMENT
1995 132,070 Actual
1996 178,640 Actual
1997 174,695 Actual
1998 123,500 Actual
1999 125,620 Actual
2000 86,020 Actual
2001 85,300 Actual
2002 58,540 Actual
2003 57,500 Actual
2004 61,500 Estimated
2005 51,950 Projected
St. Louis Park City Council Meeting
122004 - 4c - Reilly Site Laboratory Services
Page 2
Financial Considerations: Contract authorizations from 1988 through 2004 provide for a cumulative
contract amount of $2,154,000 with total estimated expenses of $2,152,297 thereby creating an
estimated contract balance of $1,403 at the end of 2004. Based on the updated analytical process and
other changes related to data, staff estimates that approximately $51,950 will be expended for water
sample analysis during year 2005. Therefore, staff is seeking an additional authorization of $55,000 to
the contract to cover the expected 2005 costs plus unanticipated contingencies.
The proposed 2005 Reilly Budget contains funding for this Reilly activity.
Recommendation: Staff recommends Contract No. 1893 be amended to increase the contract amount
by $55,000 to provide for groundwater sample analysis during year 2005.
Attachments: Amendment No. 15 to Contract No. 1893
Prepared By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 4c - Reilly Site Laboratory Services
Page 3
CITY OF ST. LOUIS PARK
AMENDMENT NO. 15 TO CONSULTING SERVICES CONTRACT NO. 1893
THIS AMENDMENT NO. 15 to Contract No. 1893 is made on December 20, 2004, by and
between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as
“CITY”, and SEVERN TRENT SERVICES (formally QUANTERRA CORPORATION AND
PREVIOUSLY ROCKY MOUNTAIN ANALYTICAL LABORATORY/ENSCO) hereinafter referred
to as “STL - DENVER”.
BACKGROUND
On December 12, 1988, the CITY and STL - DENVER entered into Contract No. 1893 for
consultant services related to certain rights and responsibilities the CITY accepted under an agreement
with Reilly Tar & Chemical Corporation (Reilly) which is attached as Exhibit B to a Consent Decree
in United States of America, et al. vs. Reilly Tar & Chemical Corporation, Housing and
Redevelopment Authority of St. Louis Park, Oak Park Village Associates, Rustic Oaks Condominium,
Inc. and Philips’s Investment Company, United States District Court, District of Minnesota, Civil File
No. 4-80-469.
Pursuant to communication between the CITY and STL – DENVER, it has been determined that it is
in the best interests of the CITY and STL - DENVER to extend the term of Contract No. 1893 to
December 31, 2005, and amend the provisions of Contract No. 1893 and amendments issued thereto
dated June 29, 1989, March, 1990, November 18, 1991, February 22, 1994, January 11, 1995,
February 20, 1996, December 2, 1996, March 2, 1998, December 7, 1998, December 6, 1999,
January 16, 2001, December 17, 2001, December 16, 2002, and December 1, 2003, incorporating
responsibilities each party will assume through year 2005 to discharge those responsibilities the CITY
has accepted under Exhibit B to the Consent Decree.
NOW, THEREFORE, in consideration of the above facts and mutual covenants herein
contained, it is hereby agreed that Contract No. 1893 and all previous Amendments are amended as
follows:
I. Contract Period
1. The length of Contract No. 1893 shall be extended to December 31, 2005.
2. Total compensation to STL – DENVER for all services rendered pursuant to Contract
No. 1893, as amended, shall not exceed $2,209,000.
IT IS FURTHER AGREED that all other provisions of Contract No. 1893 and all previous
Amendments shall remain unchanged and fully effective, and this Amendment shall become an
integral part thereof.
EXECUTED as to the day and the year first above written.
(Signature Block)
St. Louis Park City Council Meeting
122004 - 4d - 2005 Towing Contract
Page 1
4d. Motion to authorize the Mayor and City Manager to execute a five-year contract
with All Hours Towing for towing services
Background:
The current towing contract expires on December 31, 2004. This contract was the first 5 year
contract implemented for tow services in the City of St. Louis Park. In 1999, the contract
changes were discussed with the City Council and the following changes were made to the
contract:
1. Expand radius for impound lot from 2 miles to 5 miles.
2. Extend contract length from 2 years to 5 years.
The changes were made to create a more competitive bidding process and to broaden the
eligibility parameters for towing contractors. The same factors exist today and the changes were
retained in the proposed 2005 – 2009 contract. In addition, work with the City Attorney resulted
in minor changes in existing contract language and adjustment of fees allowed to be charged by
the contractor and fees payable to the City of St. Louis Park.
All Hours Towing is located at 3635 Hampshire, also known as the Golden Auto property. This
site has been identified as a potential redevelopment area. After review of the contract, the City
Attorney recommended an addendum to the contract with All Hours Towing because of potential
redevelopment which might impact the All Hours Towing storage lot. In a meeting between All
Hours and the City Attorney, All Hours agreed with the addendum and it has been attached to the
contract. The addendum acknowledges that the All Hours Towing lot area may be redeveloped
and that if the contract is terminated because of that, neither party will make a claim against the
other.
Analysis:
In response to our bid advertisement, two bids were received for the towing contract; one from
Schmit Towing, and one from All Hours Towing, the current contractor. All Hours Towing is
based in St. Louis Park at 3635 Hampshire Avenue. City zoning has acknowledged the address is
in compliance with City Zoning laws for vehicle storage as required by the contract. Schmit
Towing was the second bidder. The address used for vehicle storage was 6040 Olson Memorial
Highway in Golden Valley. Golden Valley Director of Planning and Development was contacted
and replied the address indicated as the storage location in Golden Valley was zoned industrial.
Within that zoning district, the storage of vehicles as part of a towing operation was not
permitted. (See attached letter).
The City Attorney was contacted by staff, submitting the letter and contract for evaluation. The
attorney advised that in his opinion, Schmit Towing did not meet the essential requirements of
the contract and should be rejected for that reason.
St. Louis Park City Council Meeting
122004 - 4d - 2005 Towing Contract
Page 2
The bid summary is as follows:
2005 2006 2007 2008 2009
Schmit Towing
Towing Charge $75.00 $75.00 $75.00 $75.00 $75.00
Daily Storage $25.00 $25.00 $25.00 $25.00 $25.00
Example – 1 day total $100.00 $100.00 $100.00 $100.00 $100.00
All Hours Towing
Towing Charge $74.50 $74.50 $79.50 $79.50 $84.50
Daily Storage $25.00 $25.00 $25.00 $30.00 $30.00
Example – 1 day total $99.50 $99.50 $104.50 $109.50 $114.50
Conclusion
All Hours Towing has submitted a lower competitive bid for the first 2 years, but the bid
included an escalating clause that increases the bid in years 3, 4 and 5. The City Attorney has
indicated that the bid submitted by Schmit should be rejected and therefore, it is our
recommendation that the contract be awarded to All Hours Towing.
Attachments: Letter from Golden Valley Director of Planning and Development
Towing Contract (Supplement)
Bid documents are available for review in the City Clerk’s office.
Prepared by: John D. Luse, Chief of Police
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 4d - 2005 Towing Contract
Page 3
St. Louis Park City Council Meeting
122004 - 4e - Parking restrictions at 3330 Republic Ave
Page 1
4e. Traffic Study No. 592: Motion to adopt the attached resolution 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.
Background: The City has received a request from the Hopkins/Minnetonka/St. Louis
Park School Districts Transitions-Plus Program for 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. This area is adjacent to their property.
The Transitions-Plus Program uses this location as a school bus drop off and pick up
point for students. The Transitions-Plus Program has installed a handicap ramp on the
site for use by its handicapped students, and needs to be able to drop off students at the
ramp location. Currently, there is a small area with parking restrictions around the
walkout from the building, but there is no record of its installation.
Staff has reviewed this request and visited the site. Republic Avenue is approximately 40
feet wide, and even though there are a significant number of cars parked along the street,
there is adequate parking available.
Recommendation: Staff recommends that the City Council adopt the attached
resolution providing for the installation of parking restrictions from the driveway apron in
the 1st Street Northwest right-of-way to a point 110 feet to the northwest. The parking
restrictions would be “No Parking 8 am to 4 pm.”
Attachments: Map (Supplement)
Resolution
Prepared by: Laura Adler, Engineering Program Coordinator
Reviewed by: Maria A. Hagen, City Engineer
Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 4e - Parking restrictions at 3330 Republic Ave
Page 2
RESOLUTION NO. 04-156
RESOLUTION AUTHORIZING INSTALLATION OF PARKING
RESTRICTIONS ON THE SOUTH SIDE OF REPUBLIC AVENUE
FROM THE DRIVEWAY APRON IN THE 1ST AVENUE NORTHWEST
RIGHT-OF-WAY TO A POINT 110 FEET TO THE NORTHWEST
TRAFFIC STUDY NO. 592
WHEREAS, the City of St. Louis Park, Minnesota, has been requested, has
studied, and has determined that traffic controls are necessary at this location.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to
install the following controls:
1. Parking restrictions “No Parking 8 am to 4 pm” 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.
Reviewed for Administration Adopted by the City Council December 20, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
122004 - 4f - Housing Authority Minutes of 11-10-04
Page 1
MINUTES
Housing Authority
St. Louis Park, Minnesota
Wednesday, November 10, 2004
Westwood Room
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Anne Mavity,
and Judith Moore
MEMBERS ABSENT: Commissioner Andria Daniel
STAFF PRESENT: Jane Klesk, Kevin Locke, and Michele Schnitker
1. Call to Order
Commissioner Courtney called the meeting to order at 5:10 p.m.
2. Approval of Minutes for October, 2004
The October 13, 2004 minutes were unanimously approved with the following correction to
paragraph 6.b.: “The HA solicited proposals in 2001 for architectural services, and two
responses were received.”
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Approval of Section 8 Housing Choice Voucher Payment Standards
Ms. Schnitker explained that in an effort to avoid escalating future program costs, and
as a result of the latest rental survey data, the HA is recommending that the Section 8
Program payment standards for 2, 3, 4, and 5 bedroom units be revised to equal the
same amount as the Fair Market Rents. Commissioner Mavity moved for approval of
the Section 8 Housing Choice Voucher Payment Standards, and Commissioner
Moore seconded the motion. The motion passed 4-0, with Commissioners Courtney,
Fillbrandt, Mavity, and Moore voting in favor.
b. Approval of Public Housing Operating Subsidy Calculation – FYE March 31, 2006 –
Resolution No. 530
Ms. Schnitker stated that HUD has requested that the HA submit their operating
subsidy calculation for FYE 2006 by November 12, 2004. The HA’s allowable
operating subsidy calculation for FY ending March 31, 2006 is $320,874 before
St. Louis Park City Council Meeting
122004 - 4f - Housing Authority Minutes of 11-10-04
Page 2
adjustments ($38,119 greater than the current year’s). Commissioner Mavity moved
for approval of Resolution No. 530, Approving the Public Housing Calculation of
Performance Funding System Operating Subsidy for the Fiscal Year Ending March
31, 2006, and Commissioner Fillbrandt seconded the motion. The motion passed 4-0,
with Commissioners Courteney, Fillbrandt, Mavity, and Moore voting in favor.
c. Draft Agency Plan 2005 – Review
Ms. Schnitker explained that the HA is required to submit a 5-Year Plan/Annual Plan
for fiscal year 2005. Copies of the draft plan will be distributed to the Resident
Advisory Committee, the Hamilton House Council, displayed for public review at
Hamilton House and City Hall, and submitted to the County to ensure consistency
with the Consolidated Plan. Based on return comments and input, the Plan will be
revised and presented for Board approval at the January, 2005 Board meeting. A
Public Hearing is scheduled for the January Board meeting.
d. Louisiana Court Update
Ms. Schnitker provided the Board with a brief update on the current financial status
of Louisiana Court, PPL’s stabilization plan and future options being considered by
the City.
7. Communications from Executive Director
a. Claims List No. 11–2004
Commissioner Moore moved for ratification of Claims List No. 11–2004, and
Commissioner Fillbrandt seconded the motion. The motion passed 4-0, with
Commissioners Courtney, Fillbrandt, Mavity, and Moore voting in favor.
b. Communications
1. Monthly Report for November, 2004
2. Scattered-Site Houses and Hamilton House (verbal report)
3. Draft Financial Statements
8. Other – None
9. Adjournment
Commissioner Moore moved to adjourn the meeting, and Commissioner Mavity seconded
the motion. The motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity, and
Moore voting in favor. The meeting was adjourned at 6:46 p.m.
Respectfully Submitted,
Anne Mavity, Secretary
St. Louis Park City Council Meeting
122004 - 4h - Human Rights Minutes of 7-21-04
Page 1
City of St. Louis Park
Human Rights Commission
Minutes – July 21, 2004
Westwood Room, City Hall
Call to Order
Chair Armbrecht called the meeting to order at 7:12 p.m.
Present
Commissioners: Matthew Armbrecht, Kristin Siegesmund, Annie Gaffney, Seema
Maddali and Julie Kirsch.
Staff: Anna Derek, Intern
Approval of Agenda
Ms. Maddali proposed a discussion about objective measures of the Commissions work
each year under New Business.
The agenda was approved noting that minutes were from May and June.
Approval of Minutes
The minutes of May 19 and June 16, 2004 were approved with a correction to the start
time in the June minutes.
Commissioner Report - None
Old Business
A. Discuss distribution of the Human Rights survey
Ms. Derek updated the Commission that 1,346 surveys were sent out. Many were
delivered to employers and boxes were left for completed surveys. People seemed willing
to do the survey. Some people were skeptical because of union issues and Target had a no
solicitation policy. Another Target was considering it. They were also considering a
mailing to some of the apartments where more immigrants were living. It would depend on
if the Commission felt there were enough surveys distributed or if they wanted to only
distribute to those listed on the chart. Ms. McDonell believed there were funds available if
the Commission wanted to do a mailing to those in some of the apartments.
Mr. Armbrecht asked if they had been able to track how many surveys had come back
versus how many were sent out? Ms. Derek replied that they hadn’t gotten any back,
other than ten from the Rec Center. Cub Foods was sending theirs with the paychecks.
She would call them to follow up the pick up of completed surveys.
St. Louis Park City Council Meeting
122004 - 4h - Human Rights Minutes of 7-21-04
Page 2
Ms. Maddali indicated that she spoke with Methodist Hospital and they were happy to do
this. They have a diversity campaign and were going to do their own survey. Between
Park Nicollet and Methodist they had close to 2,000-2,500 employees. Ms. Derek and
Ms. McDonell were going to follow up. There was also the potential for funding from
them in the form of a grant for up to $5,000. They wanted to know objective measures
and what they were going to do with the data and the steps that would be taken to address
the issues. They also discussed doing a web-based survey. They believed it could be
turned around in 45-60 days. They expected 30-40% response.
Ms. Siegesmund raised a concern if they changed the questions or altered the survey. If
they wanted to add a supplement dealing with Park Nicollet, that wouldn’t be a problem.
Mr. Armbrecht believed they should do an insert if they developed some of their own questions.
Ms. Maddali replied that they would probably include some of their own questions
specifically to Park Nicollet and that would be an item for discussion. Ms. McDonell
would be in contact with them.
Mr. Armbrecht asked if that would be enough surveys that had gone out, or were going
out, for this portion of the survey?
Ms. Gaffney reported that the STEP food shelf did not have enough completed surveys to
pick up. They do their own survey in July and hadn’t been asking people to do two, they
would keep it for August.
Ms. Siegesmund believed they needed to see what had been completed and how many were
completed by minority groups. If they didn’t get a significant number of minority groups
answering this, then they needed to figure out how to get them to answer. Ms. Maddali
indicated that she had spent an hour at the Rec Center and ten surveys were completed and
maybe it took more of a personal effort to get the surveys completed. The Commission hadn’t
quite tapped into the resources of minority community leadership and needed to do that. Mr.
Armbrecht thought that there could be churches and people that weren’t specifically identified
as leaders. He believed there was a list of organizations in St. Louis Park.
Mr. Armbrecht thought they should set a formal cutoff for surveys to be returned and
then do an assessment at the next meeting.
Ms. Gaffney noted that Ms. Derek had sent a very good Email indicating a break down of
responses to the survey and it was pretty diverse.
Mr. Armbrecht asked if they should target other businesses located on their list (Costco,
Byerly’s, Sam’s Club)? He volunteered to contact Costco. Ms. Gaffney indicated she
would contact Byerly’s. The Commission asked Ms. McDonell to contact Sam’s Club.
St. Louis Park City Council Meeting
122004 - 4h - Human Rights Minutes of 7-21-04
Page 3
Ms. Siegesmund thought they should target faith-based communities. Mr. Armbrecht
noted that the church that he went to had a Ukrainian service. He volunteered to contact
Westwood Lutheran church. Ms. Siegesmund volunteered to research this further.
Mr. Armbrecht thought they should try to send surveys within the next month and focus
on September as a deadline, and do an update in August. Ms. Maddali indicated they
should have a long term plan and learn from this process. Ms. Siegesmund thought they
should also discuss what they were going to do with the survey results. Mr. Armbrecht
noted they wanted to plug it into the Vision for St. Louis Park and fulfill that mandate
which would be deliverable to the City Council.
Ms. Siegesmund suggested they start thinking about what the next steps in the process
would be and how to deal with the results.
B. Look over the police bias crime reports
Ms. Siegesmund noted that the plan said that they could write to these people and let
them know the commission could be contacted if they needed support/advice. A victims
rights person talked to the Commission and said that many times when someone was a
victim of a crime, they feel so violated, that people calling violated them more and they
felt like they had no control. She didn’t think it should be all a form letter, but should be
tailored. The reports were old and it seemed too late.
The Commission agreed to have a basic form letter to send out, with some personalized portions.
Ms. Siegesmund stated that they had worked on a form letter, but she was unsure where it
was. If a form had not been done, she would work on a letter. There had also been
problems in the past with the police department because of repeated failures to send the
bias crime reports to the commission in a timely manner. The City’s Bias The Crimes
response plan states that the police department must send copies of bias reports to the
commission within 2 days of occurance.
Ms. Gaffney asked Ms. Derek to contact Ms. McDonell to find out if the situation was
rectified with the police and that the Commission would be getting these reports on time.
Ms. Gaffney suggested that each Commissioner take turns sending letters out for the
reports received in a month.
C. Monthly human rights articles. Discuss the schedule that Matt proposed
months ago to see who will submit articles to the Sun Sailor for Aug. and Sept.
Ms. Maddali indicated she would do an article in August about the Human Rights survey.
Mr. Armbrecht stated he would redistribute the list of monthly assignments.
New Business
Ms. Maddali asked if the Commission needed to have twelve meetings a year because
often the summer and holiday seasons were busy times?
St. Louis Park City Council Meeting
122004 - 4h - Human Rights Minutes of 7-21-04
Page 4
Mr. Armbrecht replied that the meetings were a way to provoke the Commission and an opportunity
to talk about what had been going on and make things to do. He understood the concern.
Ms. Siegesmund stated that there could be something they did in place of the meeting,
such as going somewhere with the surveys or working on the survey. It would be the
same time commitment, but a more productive use of the time.
Ms. Maddali indicated that last week the Parks Commission had a Commissioners night
and people could use the Rec Center for $2/person or $6/family. It was a huge success.
She suggested that they do a Commissioners night in August to get the surveys out.
Mr. Armbrecht suggested instead of a meeting in August, they commit their time to organize a
Commissioner night at the Rec Center. He would speak with Ms. McDonell about this, and
Email the rest of the Commission. If that didn’t work out, they could consider not meeting in
August and devote the two hours to working on the survey. They could do an Email vote on this.
Objectives/Work Plan
Ms. Siegesmund suggested they look at the work plan and write down the specific things
that they had done and think about how they could be measured. She asked Ms. Derek to
make a spreadsheet for the work plan and the Commission could start filling things in
such as the number of articles written, presentations that had been done or workshops
they facilitated, etc. It was difficult to measure human rights progress.
Ms. Maddali thought the first time doing a survey was not easy because there was
nothing to compare it with. It would be easier the second time and the objective
measures would be more defined. They needed objective measures.
Ms. Siegesmund stated if they tracked things more carefully, they would be able to know
what worked and what was effective.
Ms. Maddali believed it would be a definite objective measure, during the survey process
if they were able to connect with minority communities.
Mr. Armbrecht indicated that would be part of the mission statement number two which
was to cultivate a community that embraces diverse ethnic, religious and cultural
populations. The missions were so broad and it was good to try to measure it by writing
articles and educating about human rights generally and about things going on in
different communities. Some things could be measured.
Set Agenda for Next Meeting
Adjournment
The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Amy L. Stegora-Peterson
Recording Secretary
St. Louis Park City Council Meeting
122004 - 4i - Human Rights Minutes of 9-29-04
Page 1
City of St. Louis Park
Human Rights Commission
Minutes – September 29, 2004
Westwood Room, City Hall
Call to Order
Chair Armbrecht called the meeting to order at 7:05 p.m.
Present
Commissioners: Matthew Armbrecht, Kristin Siegesmund, Kristi Rudelius-Palmer,
Annie Gaffney, Seema Maddali, and Kristen Edsall
Staff: Martha McDonell, Commission Liaison
Commissioner Reports
Ms. Maddali reported about the St. Louis Park Soccer Association in-house league.
Close to 100 kids played this summer. They insisted on getting parent feedback and there
was a 34% response rate, of which 33 out of 33 thought this was the best thing to happen
to their kids. They will continue working with the Park and Recs. Access and equality
with regard to youth soccer in St. Louis Park is still a problem.
Ms. McDonell stated that Julie Kirsch’s term would be ending in December and she
would not be asking for reappointment. Colleen resigned last month. Anna Decker the
summer intern, placed an application to be a student commissioner. Mr. Armbrecht knew
someone who had expressed an interest and would follow-up.
Ms. McDonell noted that Aquila School gave them permission to distribute surveys. She
made a notice on the front of the survey indicating that the School Board was seeking a
parent to serve as a School Board appointee to the Human Rights Commission. She had
just gotten approval and it would be another week before the survey went out. They
would send out surveys in Spanish and Russian.
Mr. Armbrecht stated he was on the Board of the Soccer Association and at the meeting
there was concern expressed about the use of the soccer fields at Louisiana Oaks and that
they were being used improperly. Minority groups were specifically mentioned. There
was discussion about what to do and the consensus was that they needed to call the
police, as the groups were using the fields without permission. He believed signs were
posted indicating that they needed to have a permit. Sending the police after them
seemed extreme, however, he felt he could become involved and figure out a better way
to deal with this.
St. Louis Park City Council Meeting
122004 - 4i - Human Rights Minutes of 9-29-04
Page 2
Ms. Maddali noted that there was a process for obtaining a permit. Parks and Rec. have
made it difficult to obtain a permit. They ask many things and have absurd requirements.
Ms. Siegesmund indicated she had been there for a regularly scheduled practice there was
a group, without a permit, that was reluctant to move.
The Commission felt this was an issue that would be better resolved by the Park and Rec.
Board and not the police. They should also find a location to post the policies for use of
the field, such as by the snack bar, which would be a central location. It was part of the
City and community vision to be a welcoming community. Mr. Armbrecht would
contact someone at the Park Board.
Ms. Siegesmund reported on a phone call received on the “hot line” from a man who
lived in St. Louis Park and thought his apartment neighbors were too noisy and wanted to
move. The manager had moved him once and said they wouldn’t move him again. He
clearly had a mental illness and it wasn’t much about the noise, there were many issues.
He thought it was discrimination because he was on Section 8. She told him he could
move again and she would help him with that. It had been referred to Legal Aid.
Ms. Rudelius-Palmer reported that the Annual meeting for the League of Minnesota
Human Rights Commissions was October 9th. “It’s Time to Talk” diversity forum
sponsored by the YWCA on October 5th would be attended by the following
Commissioners: Siegesmund, Armbrecht and Rudelius-Palmer. They are moving ahead
with the K-12 State-wide curriculum on Human Rights education. They are piloting in
schools now. December 3rd is the annual Human Rights Day meeting for the Minnesota
Department of Human Rights.
Ms. Siegesmund stated that the junior high was going to be devoting an entire day this
week to a bullying curriculum. There seemed to be increasing emphasis across the
county that bullying was not OK and was destructive.
Approval of Agenda
The Commission removed agenda Item III B from discussion at this meeting.
Approval of Minutes
Armbrecht motioned, Gaffney seconded to approve the July 21, 2004 minutes. Carried.
New Business
A. Human Rights Award
Ms. McDonell reported that there was a mailing list of previous commissioners and people who
had won awards and applied for awards and social service agencies. In the past there had been a
due date before the November meeting for applications. It seemed that in the last couple years
St. Louis Park City Council Meeting
122004 - 4i - Human Rights Minutes of 9-29-04
Page 3
they had extended it into December so there was more time. She changed the due date to Friday,
December 3rd. They would present at the first Council meeting in January. At the next meeting
they could talk about more strategic ways of soliciting recommendations for the award.
Old Business
C. Monthly human rights articles
Mr. Armbrecht volunteered to do an article on the Human Rights award for October.
Ms. Maddali reported she had done her article. Ms. McDonell indicated that they had
received five or six calls regarding people interested in filling out the survey after the article.
Ms. Gaffney volunteered to do the article in November about Human Rights Day and the
Annual Human Rights Day conference. It was also suggested to do one on the Bullying
curriculum at the junior high.
A. Discuss completing distribution/collection of the Human Rights survey
Ms. McDonell noted that the noted that they were only 17 completed surveys away from
their goal of 300, with at least 100 minorities.
Ms. Gaffney reported that Byerly’s didn’t return any out of the 250 provided. She had
also picked up surveys from Boston Market, including one in Spanish.
Ms. McDonell indicated that if they got the surveys to the school, they should be able to
hit their goal. They were still short about 20 in the racial minority. The Inspections
Department indicated that every one of the restaurants has Spanish speaking employees
in the kitchens. (She listed the top restaurants on the Progress Chart).
Commissioners volunteered to distribute more surveys as follows:
Ms. Maddali: El Gordo Ms. Siegesmund: Qdoba and Mojito
Ms. Gaffney: Bunnie’s and Jiffy Car Wash Ms. Edsall: McCoys
Mr. Armbrecht: European Gourmet and a church with Russian speaking members
Ms. Rudelius-Palmer: Park Tavern, Olive Garden, Chili’s, Fuddrucker’s, Subway, and
Central Community Center
Ms. McDonell indicated that some of the diversity had not been calculated such as
income ranges, disability and sexual orientation. They would get some of those when
they compile more information.
Mr. Armbrecht believed that someone should document this process.
Ms. McDonell replied that they had paid Decision Resources to assist with the survey and
tabulate the results. Part of the tabulation would be a report that included the
St. Louis Park City Council Meeting
122004 - 4i - Human Rights Minutes of 9-29-04
Page 4
methodology. She would be providing them with information and they would have an
explanation of how the Commission went about this.
Ms. Maddali thought there should be a formal presentation to the City Council.
Ms. McDonell clarified that commissioners could take their surveys to the restaurants
within the next week and pick them up before the October 20th Commission meeting.
B. Work Plan Evaluation
Tabled to the next meeting
Set Agenda for Next Meeting
Ms. McDonell indicated that the Council was aware that that the Commission had been
working on the survey because she had been sending them updates.
Ms. McDonell noted that there would be an opportunity with the Vision survey, a phone
survey, if there was any issue to double check. The Vision survey would be next spring
and they would call 400 households. If there was an issue that came out of this, the
Commission could proposed to Council that they put that question on the Vision survey
which would be an opportunity to gather more data.
Ms. Rudelius-Palmer thought Human Rights Day (December 10th) might be a good time
to present the survey to Council.
Ms. McDonell stated that the Commission could meet informally with the Council at a
study session and then go to a regular Council Meeting for a more public presentation.
Mr. Armbrecht believed they should form a survey/report sub-committee at the next meeting.
The Commission agreed tentatively to meet with the Council to report on the survey and
what needed to be learned, changed or done at a study session in November.
Agenda items: Human Rights Award, Survey Results (and time line from Decision
Resources), Work Plan Evaluation (Commissioners should brainstorm for next meeting),
Discuss report to Council regarding Survey
Adjournment
The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Amy L. Stegora-Peterson
Recording Secretary
St. Louis Park City Council Meeting
122004 - 4j - Telecommunications Minutes of 8-19-04
Page 1
1
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF AUGUST 19, 2004
7:00 PM ST. LOUIS PARK COUNCIL CHAMBERS
MEMBERS PRESENT: Bruce Browning, Dale Hartman, Ken Huiras, Bob Jacobson, Mary
Jean Overend and Rolf Peterson
MEMBERS ABSENT: Rick Dworsky
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community
TV Coordinator
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs Administrator;
Lisa Bruha, Time Warner Cable Director of Customer Service
1. Call to Order
Chair Huiras called the meeting to order at 7:05 PM.
2. Roll Call
Present at roll call were Commissioners Browning, Hartman, Huiras, Jacobson, and
Overend. (Commissioner Peterson arrived about 7:20 P.M.).
3. Approval of Minutes for May 6, 2004
Chair Huiras noted that in the minutes there were three motions made without seconds
that should be fixed. Mr. Dunlap stated the meeting was not recorded, but he would look
at his notes and make amendments.
It was moved by Commissioner Browning, seconded by Commissioner Jacobson, to
approve the minutes of May 6, 2004, as amended. The motion passed 6-0.
4. Adoption of Agenda
5. Old Business
A. Renewal update
Mr. McHugh presented a PowerPoint presentation summarizing the business points that
Time Warner and the City had been discussing.
Commissioner Jacobson asked how to address rapid technology changes, if the City got
into a long-term agreement. Mr. McHugh responded that the City had been considering a
ten-year renewal with an evaluation period in year seven. Mr. McHugh said there is no
guarantee that even five years from now Time Warner Cable would be the operator of
this system because it could be sold.
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Commissioner Browning asked about franchise renewal lengths in the Metro area, and
Mr. McHugh replied it had typically been 15 years.
Chair Huiras asked if Time Warner was looking at fewer local channels. Mr. McHugh
replied that Time Warner proposed the existing number of channels but doesn’t guarantee
the continuation of their local origination channel 16. Mr. McHugh said that the City
could assume the obligations of this channel, and that State law allows growth into any
reasonable number of channels, provided they were for the same use. The City could get
another Civic access channel but couldn’t use it for premium movies, for example.
Chair Huiras asked where the City would pick up the cost for city employees to cover
local origination obligations. Mr. McHugh replied that the “access fee” on each
subscriber’s monthly bill pays for franchise obligations that pertain to St. Louis Park,
including the local origination operations. The access fee also allowed Time Warner to
recoup the $100,000 equipment grant for the access channels which is split among the
School District, Community TV and Civic TV equipment needs.
Chair Huiras asked if that access fee would go to the City from Time Warner, and Mr.
McHugh said yes.
Chair Huiras asked if the City would buy the equipment and van from Time Warner. Mr.
McHugh said no. Much of the equipment they were using was bought by Paragon Cable,
and their predecessors. The City would use the existing resources, equipment that has
been used for 10-15 years, but would replace some of it.
Commissioner Jacobson asked for further description of Time Warner’s local origination
programming. Mr. McHugh said that the cable company employees had historically
covered City Council and School Board meetings because the City did not own a two- or
three-camera production system and had only a single video employee. In 1999 the City
bought remote controlled cameras, but it was still necessary to have somebody operate it.
TWC provided the staff from their local origination department because this allowed the
company to use the programming hours toward the franchise requirement of 20 hours of
original programming per month, averaged on a quarterly basis.
Commissioner Jacobson thought it seemed like mostly documentary recording and there
was no real creative programming. Mr. McHugh replied that TWC also covered football
games and concerts in the parks, and the latest Council meeting, concert or football game
has a certain amount of value to the subscriber.
Commissioner Browning asked if TWC shared the van with other communities. Mr.
McHugh said TWC currently shares the van with Fridley, but the van is required in the
St. Louis Park franchise so the City would assume responsibility for it. Whether there
would be use of it beyond what the City envisioned, would be a subject for discussion.
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Commissioner Jacobson asked for further explanation on the regional studio. Mr.
McHugh responded that Time Warner Cable has a very nice studio in the Eden Prairie
facility that also includes the Minnesota District Head End, the source of the signals for
ESPN and the other cable networks. That facility sends signals through fiber optic cables
to Waverly, Shakopee, Minneapolis, St. Louis Park and other metro systems.
Chair Huiras asked if there were studios in New Ulm or any other place that they
serviced. Mr. Mattern responded no, that Eden Prairie was the only company studio.
Chair Huiras asked how often the Beltline studio was used. Mr. McHugh replied he
would be using it next Monday for interviews with seniors. He described the use as a low
level, several times this year, which was why the City proposed a modest amount of use
of the Eden Prairie studio and it could work out to be less.
Commissioner Jacobson asked for clarification on the word “standstill.” Mr. McHugh
replied that Time Warner Cable wouldn’t substitute programming (inserting an entryway
security camera signal) on channel 6 in any of the buildings they serve or in any future
buildings. They would use the signal required by State law on channel 6. Mr. Dunlap
added that standstill was a term that both sides attorney’s agreed on.
Chair Huiras asked if they were still on schedule to complete renewal talks by February,
when the franchise expires. Mr. McHugh said that they were on schedule and that was
what they were working toward, but that the City had the right to extend the franchise for
six months if needed.
B. Emergency Alert System update
Mr. Dunlap stated that he had been working with Lance Leupold, Time Warner’s
Director of Public Affairs, and voice announcements could not be localized for St. Louis
Park for the digital channels the way the analog system does. Viewers of digital cable
channels would see a black screen and wouldn’t hear the emergency message that may
come from the Police Dispatch area or Fire Fighters or Police out in the field using a
telephone. Based on the latest investigation, TWC could provide a canned visual text
message that would say, “An Emergency alert has been issued by the local authority.
Please tune to your local information channel for further details.” There would be no
audio to reinforce it; dispatchers would not be able to describe what was going on.
Chair Huiras asked if they could identify the local channel, and Mr. Dunlap said it was a
message that TWC could not customize. One of Mr. Leupold’s suggestions was that they
could begin branding and start letting people know that one of the uses of channel 17 was
as a local information channel in case of an emergency situation. Mr. Dunlap said he
would continue to work on this and report back to the Commission.
6. New Business
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B. Time Warner Cable Customer Service Update
Lisa Bruha, Director of Customer Service, stated that she had been with Time Warner
since March 2004. Many exciting things were happening in the Customer Service
Department and a lot focused on the customers. Technology was making Customer
Service jobs easier and facilitating needs for the customer. For example, the billing
system now offers a pop up screen that immediately brings up historical account
information that used to require scrolling through three or four screens to get key
information. This can shorten calls and service the customer faster. Another initiative is
called Every Customer Has an Opinion (ECHO), which they are hoping to roll out in
about five weeks. When customers call they would be asked if they would like to
immediately take a short survey about their customer service experience.
Ms. Bruha said that TWC has a 3-4 week training class followed by a “nesting” period
where they grouped new employees together with a supervisor, an assistant and the
trainer, who were there to offer immediate help. This gave them a more confident rep
when they were through training. On the supervisory side, they were providing a great
coaching opportunity for the representative. Reps are monitored and receive feedback on
a regular basis.
Chair Huiras asked what their ratio of supervisor to customer service rep was. Ms. Bruha
said TWC has a ratio of one to fifteen, a good number for a call center environment.
Chair Huiras asked if the service reps had the ability to immediately request a
supervisor’s assistance if they had a problem with a call. Ms. Bruha said they had a
“command center,” a central location in the call center where there was a supervisor. The
command center monitors what calls are coming in, if representatives are available or
taking calls or if customers are on hold for long amounts of time. They also have AIM,
which allows a representative to instant message a supervisor with questions at the
command center.
Chair Huiras asked if the Supervisor could become involved in the call if they needed to.
Ms. Bruha responded if they needed to, the rep could ask for help with a difficult call or
they could conference in on the call. It not only benefits with the supervisor talking to
the customer, but the representative could see and understand the situation and how it
transpires and see it to resolution so in the future the representatives were more
empowered.
Commissioner Jacobson asked how many supervisors and reps TWC employs. Ms.
Bruha said they had eight supervisors and about 120 representatives.
Commissioner Jacobson asked about the turnover among the reps. Ms. Bruha said that
historically in any call center, there tends to be a high attrition rate, an industry-wide
problem because it is not easy to take call after call. She was not sure of the exact
statistics.
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Commissioner Jacobson asked how supervisors could be sure the reps are doing a good job.
Ms. Bruha said they monitored representatives and listened to their calls. The
supervisors are required to monitor two calls a week on every representative and coach
them. They also randomly walk the floor. There is a quality assurance person who
monitors new staff even more, knowing that they need more coaching.
Commissioner Jacobson asked how much technical information reps were given. Ms.
Bruha replied they had some great tools. A new tool is on-line assistance called Robo
Info which has documentation on TWC processes and procedures and how to perform
certain tasks. For example, if they are trouble shooting a certain kind of converter or
modem, Robo Info lists the key elements they need to check. The rep reads a question
from Robo Info, and if the answer is yes, they advance to another screen; a no answer
brings up a different screen.
Commissioner Jacobson asked if Ms. Bruha had information on complaints that came to
the City. Ms. Bruha replied yes, on a monthly basis. They were trying to be more
proactive and were starting something they called “repeat Annie’s,” to find out who
called more than once during the last week.
Commissioner Jacobson asked if they rated calls and about the most common complaints.
Ms. Bruha said they looked to see who had called the most, for example if someone
called four times in a week. They review that customer’s account to determine if issues
were not being resolved, then call the customer. Time Warner also looks at trouble calls.
If a customer makes two trouble calls in the last month, they flag it and a supervisor
works with the technical group to determine how to fix the customer’s problem. Ms.
Bruha said long hold times seemed to be complained about a lot, but that they had
improved dramatically. She said one of her goals was to eliminate long hold times.
Commissioner Jacobson commented it looked like they were making progress and trying
hard to improve the situation.
Chair Huiras asked if there had been a change to the phone system recently. One of the
complaints said that when they called, they no longer got a menu and went right on hold.
Ms. Bruha replied no, the menu had not changed. If there was heavy usage, they would
still hear a message.
Mr. Dunlap asked if someone called, listened to the menu but did not push any buttons,
would that put them on hold for the next customer service rep. Ms. Bruha replied if
people didn’t press anything, it went into the main queue.
Commissioner Peterson asked how many of the 120 reps are typically working at one
time. Ms. Bruha replied it varied; most of the high call volume days were staffed
according to statistics from the previous years.
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Commissioner Peterson asked if they could share another call center in a different
location. Ms. Bruha replied that she did not know of any plans. She thought it was
something that would be advantageous.
Mr. McHugh asked if all of their employees worked at the call center or if any
telecommuted. Ms. Bruha replied that they had six employees who telecommuted.
Commissioner Overend asked if there were statistics on the complaints and if they were
moved to quality assurance for resolution. Ms. Bruha responded that she worked closely
with Mr. Mattern to resolve customer issues. If a consistent issue was identified, they
address it with the department impacted or the one that was able to fix it. Mr. Mattern
prepared the statistics and gave the information to her, they then make a determination on
how to handle it and make sure it doesn’t happen again.
Commissioner Browning asked about the training technicians received for going out to
their sites, for either cable installation or trouble shooting problems. Mr. Mattern
responded that they have a very good training department, with five staff people who
train the technicians.
Ms. Bruha said the training is diverse, classroom and hands-on along with ride-outs with
other technicians. They are not just put in the field alone, they spend some time
responding to calls with an experienced technician. The training environment was
moving toward universal technicians and reps that can handle all product lines and
services. The reps are taught to handle not only billing questions, but also trouble
shooting the internet, digital boxes and cable in general.
Commissioner Browning asked if they were being trained to interface home theater
equipment. Ms. Bruha said that was a “Catch 22” because it was customer owned
equipment and there are liability issues, but that customers were referred to appropriate
vendors.
Chair Huiras asked if TWC still used a lot of outside contractors, which has been a source
of complaints in the past. Mr. Mattern stated that a lot of custom work was done by
contractors, however they were training their technicians to be able to do just about
anything. If they could, they would direct those skilled TWC employees to do the
custom work.
Chair Huiras asked if the supervisors had come up from the ranks. Ms. Bruha replied
some yes, some no. People assume at times because they are a great rep, they will be a
great supervisor and that was not always the case.
Chair Huiras asked if there was a regional or national organization of customer service
representatives outside of TWC that may also provide training for the supervisors or
management staff. Ms. Bruha mentioned the Institute of Incoming Call Center
Management, and that she was in the process of gaining a certification from them. In
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Minneapolis they have a Call Center Networking Group (CCNG), which includes
individuals from all different types of industries that manage call centers. ECHO was
one of the ideas that came from that group.
Chair Huiras asked if TWC maintained a report of why customers drop service. Ms.
Bruha replied when someone calls in to disconnect, they ask them why and then they
code that account so they can pull reports from the billing system.
Chair Huiras asked if they could get a copy of that report periodically because he would
like to know why a customer leaves. Mr. Mattern said he would guess the majority were
people moving out of the area, but he would look into that.
Commissioner Peterson asked if hold times were monitored if the rep put a caller on hold
to find out the answer to a question. Ms. Bruha replied yes, the Real Time Adherence
(RTA) shows who is available, who is on a call, how long they have been on a call and
also the status they are in on the call.
Commissioner Peterson asked if a customer was monitored after a call is transferred, to
the technical department for example. Is it possible for a caller to be in the system, but
not monitored, because that could explain the complaints about one-hour hold times.
Ms. Bruha said that since she had worked there, she had never seen anyone on hold
longer than 30 minutes. They had some instances where they routed the call to the
representative based on their skills and abilities and sometimes things would go into a
queue and they would pull them out.
Commissioner Browning asked about the autonomy the customer service reps had to deal
with a problem. Ms. Bruha replied a lot, that they allow and encourage reps to correct
problems on their own. If they felt it necessary, a supervisor could become involved.
5. Old Business
C. Background on proper uses of Social Security Numbers and privacy policies
Mr. Dunlap reported that he researched documents provided by Commissioner Overend.
One document asks, “Do I have to give my social security number to a company in order
to get services or goods?” The answer was no, but customers may be denied the services
or goods because the terms and conditions may require that information for various
reasons. Businesses can legitimately ask for social security numbers, but the trend is to
get away from those numbers as identifiers. He hadn’t confirmed that State law allowed
or did not allow use of social security numbers for this reason.
Mr. Mattern indicated that they had always offered an alternative to using a social
security number; customers could provide a driver’s license number. TWC wants to
make sure the person calling is the person that responsible for the account. They can use
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a pin number or the last four digits of a social security number and that was all they
would ask for as an account number. They didn’t do anything with social security
numbers such as running credit checks. It had been beneficial for most of the customers
when they had to do research to verify who the person was because they didn’t want that
customer’s social security number being used by another person. Mr. Mattern said they
also had a tracking mechanism that told them who had been in a particular screen on the
account to get that information if they identified somehow that information or social
security number had been used fraudulently.
Commissioner Overend asked what happened if someone didn’t want to give their social
security number. Mr. Mattern replied they would ask for their driver’s license.
Commissioner Overend stated it was possible that someone didn’t drive. Mr. Mattern
noted there were also State issued ID’s.
6. New Business
A. Review Time Warner Annual Filings
Mr. Dunlap said that he had not yet discussed TWC’s financial reports with the Finance
Director, but would follow up at the next meeting.
C. Publicity and brainstorming for cable access channels
Mr. Dunlap said this was an opportunity for Commissioners to share ideas from
magazines, trade journals or visiting other cities, to let staff know about things they
should be doing.
Commissioner Jacobson complimented Mr. McHugh on his timely email articles, and
said he appreciated them.
Chair Huiras noted that Mr. McHugh had been sending him the schedule twice a week for
Community TV channels 15 and 96, and he found some programs that were excellent.
Mr. McHugh indicated that if any Commissioner members would like to get email of
programs scheduled for Channel 15, there are typically about 16-20 programs scheduled
a week. Channel 96 has four or fewer per week. He would be willing to email a
document showing the 24-hour schedule.
Commissioner Jacobson asked if they could identify which access channels could use
more programs. Mr. McHugh replied it was sometimes a matter of the topic and how big
of an event it was. If it was something that would benefit from multi-camera coverage,
they would like to be able to offer that to Time Warner’s Production Department because
they have the van with three cameras and a crew. Single camera coverage is typical of
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the events covered at Lenox Community Center or on the Shalom Campus. It depended
on the topic.
D. Review Cable TV Department 5 year equipment plan
Mr. Dunlap provided a handout that began with year 2003 and much of the equipment
pertained to the playback system equipment, a big-ticket item serving three channels. In
2005 the plan calls for replacing the Council Chambers video projector with a larger one
and upgrading some other presentation components. In 2006 all television signals would
be digital, if current Federal Communications Commission regulations aren’t postponed.
Mr. Dunlap said they planned to be ready by then to provide digital cable signals.
Chair Huiras asked if this satisfied Time Warner’s request from the franchise negotiations
for an equipment plan. Mr. Dunlap said TWC asked for information regarding what they
did with the cable franchise fees, so they toured meeting rooms, the control room, storage
and edit rooms and offices to demonstrate the equipment.
E. Staff proposal for Time Warner $100,000 equipment grant
See above item.
7. Reports
A. Complaints
Chair Huiras inquired about the first complaint in the handouts. Mr. Mattern replied it
had been resolved. This particular customer believed that the equipment had been
returned years ago. Time Warner knew the customer had used the converter in 1998 for a
pay-per-view movie rental. Mr. Mattern said he believed the customer’s side of the story
and removed the line item for monthly rental of the converter.
Chair Huiras asked if TWC could disable the converter’s serial number and see who
called in. Mr. Mattern replied that was what they did and they hoped someone would
call in to say that the box was no longer working. That didn’t happen. The customer still
has cable service hooked up directly to his TV. Mr. Mattern said sometimes people take
converters off and put them in closets or forget about them. TWC’s inventory system
scans the UPC codes on the boxes when they are returned into inventory, so serial
number mistakes are unlikely.
Commissioner Jacobson asked what was being done about the TV’s that were ready for
high definition (HD). Mr. Mattern said an HD converter is required to receive Time
Warner’s HD programming.
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Commissioner Jacobson asked if they had many complaints or problems with Road
Runner cable modem service. Mr. Mattern said that once in awhile he would get a call
about that but very infrequently.
Commissioner Jacobson said that TWC technicians came to his home and replaced a
defective cable modem, and that they really seemed to know what they were doing.
Chair Huiras asked about the status of offering telephone service. Mr. Mattern replied he
hadn’t been to any of the meetings for awhile and didn’t have that information, but knew
they were talking about bundling video, telephone and high-speed internet service.
Commissioner Jacobson referred to a complaint letter dated June 21, 2004 and asked
what was done to correct the problem. Mr. Mattern said it had been resolved by giving
the customer additional credit.
8. Communication from the Chair
Chair Huiras reiterated that meetings for the rest of the year would be held in the Council
room and televised. Reappointments were coming up at the end of the year and four
Commissioners were up for reappointment.
9. Communications from City Staff
Mr. Dunlap reported that they had a new system called the Tightrope Media System
which included three videomessaging displays, three DVD jukeboxes, eight VCR’s and a
video server. The vast majority of programming on the City channels is now played back
from DVD’s. The video server hasn’t been used yet but will playback programs as a
digital file.
Chair Huiras asked if they could put some of the short videos on the web site. Mr.
Dunlap replied they could if the City’s webmaster was willing to add the links and if
some other firewall issues could be resolved. Mr. Dunlap has done some research on
web streaming Council meetings, but is not ready to take that on yet.
Mr. Dunlap said he uses a crawl on channel 17 to announce when Council meetings
would be covered live, and that there were many other features in the new system that
they liked. He said they were planning to have Public Works staff activate a message
when snow plowing was underway, so residents knew when to move cars off the streets.
Chair Huiras asked if they could put the meeting schedule on the web site.
Mr. McHugh referred to a two-page handout with 54 announcements, which was the text
version of what ran on 15 and 96. This gave them an idea of the groups that were
sending announcements of activities in the community or nearby.
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10. Adjournment
Commissioner Jacobson made a motion, Commission Browning seconded to adjourn at
9:29 PM. The motion passed.
Respectfully submitted by:
Amy L. Stegora-Peterson
Recording Secretary
St. Louis Park City Council Meeting
122004 - 4k - Winiecki Recognition Resolution
Page 1
RESOLUTION NO. 04-151
RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK,
MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF
AND EXPRESSING APPRECIATION TO FIREFIGHTER MARK WINIECKI
WHEREAS, Mark Winiecki began his employment with the City of St. Louis Park almost 27 years
ago on December 19, 1977; and
WHEREAS, Mark has been a Local 993 Member for 27 years serving as a Treasurer and Vice
President; and
WHEREAS, Mark worked with the Sonny Klein Memorial Fund acquiring 5 defibrillators for
the City of St. Louis Park; and
WHEREAS, Mark has helped the department by developing, implementing, and instructing a
driver safety program; and
WHEREAS, Mark severed on numerous committees, including Safety, Labor Management,
Equipment, and Station Supplies and was responsible for maintaining deceased and retired members
plaques; and
WHEREAS, Mark has been recognized for his service to the community through
numerous letters of appreciation and thanks from those he served; and
WHEREAS, Mark enjoys hunting, spending time at his cabin on Cross Lake (The Mansion in
the Woods), golfing on his privately owned Windmill Acres Golf Club, traveling with his family,
and raising Red Deer;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park,
Minnesota, by this resolution and public record, would like to thank Mark Winiecki for his great
contributions and 27 years of dedicated service to the City of St. Louis Park and wish him the best in his
retirement.
Reviewed for Administration: Adopted by the City Council December 20, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park Economic Development Authority
122004 - 8a - Greve Variance Appeal, 3730 Inglewood
Page 1
8a. Case No. 04-60-VAR: Ronald and Stephania Greve
To consider Ronald and Stephania Greve’s appeal of the Board of Zoning Appeals
denial (2-2 vote) of a variance from the Zoning Ordinance to allow an addition with
eaves that are 2 feet from the side property line instead of the required 3 feet 4 inches
for the property located at 3730 Inglewood Ave S.
Recommended
Action:
Motion to deny Ronald and Stephania Greve’s application for a
variance to section 36-73(b)(2) of the Zoning Ordinance to allow
a 2 foot side yard for an eave instead of the required 3 feet 4
inches.
Background:
The property is located at 3730 Inglewood Ave S, south of Excelsior Blvd. (See site map on BOZA
report).
The Greves submitted an application for a 1 foot 4 inch variance to allow the eave on the proposed home
addition to be 2 feet from the side property line instead of the required 3 feet 4 inches required by code.
The existing eave is approximately 3 feet 4 inches from the property line, and the code allows the eave of
an addition to a home to be as close as the existing eave is, but no closer.
Board of Zoning Appeals Action (BOZA):
BOZA heard the application on November 30, 2004. Two people in the audience spoke in favor of the
application, no one spoke against it. Attached are the minutes of the meeting, the staff report, and letters
from the applicant & neighbors.
After BOZA heard testimony, a motion was made to deny the application. The motion failed on a 2-2
vote. Since a motion could not be made to approve the variance, the application stands as denied.
Recommendation:
Motion to deny Ronald and Stephania Greve’s application for a variance to section 36-73(b)(2) of the
Zoning Ordinance to allow a 2 foot side yard for an eave instead of the required 3 feet 4 inches.
Attachments:
BOZA’s Resolution of Denial (Supplement)
BOZA Staff Report - Case No. 04-60-VAR with attachments. (letter from applicant, aerial photo, site
plan, proposed building elevations.) (Supplement)
Letter from Applicant - dated December 3, 2004 (Supplement)
Letter from Neighbor – dated November 28, 2004 (Supplement)
Draft, unapproved BOZA Minutes Excerpts (Supplement)
Prepared By: Gary Morrison, Assistant Zoning Administrator
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 8b - Budget and Property Tax Levy
Page 1
8b. Adopt 2005 Budget, 2004 Revised Budget, 2005 Property Tax Levy,
and HRA Levy
This is the final step in approving the 2005 budget, 2004 revised budget,
2005 property tax levy, and 2005 HRA levy.
Recommended
Action:
1) Motion to adopt resolution approving the 2004 Property
Tax Levy collectible in 2005, adopting the Budget for 2005,
and adopting the Revised Budget for 2004
2) Motion to adopt a resolution authorizing the HRA Levy for
2005
Background:
Over the past 6 months, Council has been discussing the 2005 Budget and the 2004 Revised
Budget. In September, the City Council approved the preliminary tax levy, budget, and HRA
levy for 2005. A Public Hearing was held on these items December 6, 2004 as part of the
regular City Council meeting.
Council has also been discussing the 5-year Capital Improvement Program. The Capital
Improvement Program is scheduled to be reviewed by the Planning Commission in January.
After this review and Public Hearing, Council will be requested to adopt the final 2005 – 2009
Capital Improvement Program. We anticipate bringing this back to Council at the end of
January.
2005 Budget General Fund Budget:
Total revenues and expenditures increased by $910,080 from the adopted 2004 budget. The
increases are due to the following;
Property Tax Levy 696,183$ General Government 487,482$
Intergovernmental Revenue 237,053 Public Safety 318,922
Licenses and Permits 126,525 Public Works 38,225
Charges for Services (56,901) Contingency and Transfers 65,451
Miscellaneous Rev. and Transfers (9,796)
Use of Reserves (82,984)
Total Revenue Increase 910,080$ Total Expenditure Increase 910,080$
Revenues Expenditures
The 2005 General Fund budgeted revenues shows an increase over the 2004 adopted budget of
approximately 4.6%. This increase in revenue is due primarily to the projected 6% property tax
levy increase. The budget document itself identifies the areas of change for each division.
2004 Property Tax Levy collectible in 2005:
St. Louis Park City Council Meeting
122004 - 8b - Budget and Property Tax Levy
Page 2
The property tax levy payable for 2005 has increased by 6%. This includes the obligation for
General Obligation Debt. Property taxes are allocated to several funds. The allocation of
property taxes is illustrated below:
Property Taxes and
Market Value
Homestead Credit
General Fund 12,790,102$
Park and Recreation 2,675,828
Park Improvement 999,708
Debt Service
- 1999 GO Bond 326,300
- 2003 GO Bond 511,200
Total 17,303,138$
2005 Property Tax Levy Distribution
HRA Levy:
This is the fourth year the City is proposing to issue a Housing and Redevelopment (HRA) levy.
The reason for proposing an HRA levy is because of legislative changes in the tax increment
statutes. The legislative changes have severely hampered the ability of the City to do future
redevelopment projects. The 2005 levy is $598,543, compared to the 2004 levy of $543,125.
These dollars will be used for infrastructure improvements in redevelopment areas.
The City has always had the authority to issue this type of levy. The levy itself is based on a
percentage of taxable market value within the community. The revenue generated from this levy
is found in the Development Fund budget located in the EDA tab in your budget document.
Recommendation:
Adopt the 2005 budget, 2004 revised budget, approve 2004 property tax levy collectible in 2005,
and approve the HRA levy.
Attachments: Resolution approving the 2004 tax levy, collectible in 2005, adopting the
2005 budget, and revisions to the 2004 budget
Resolution approving the 2005 HRA Levy
2005 Adopted Budget
Prepared By: Jean McGann, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 8b - Budget and Property Tax Levy
Page 3
RESOLUTION NO.
RESOLUTION APPROVING 2004 TAX LEVY COLLECTIBLE IN 2005,
ADOPTING BUDGET FOR 2005, AND REVISED BUDGET FOR 2004
WHEREAS, The City of St. Louis Park is required by Charter and State law to approve a
resolution setting forth an annual tax levy to the Hennepin County Auditor; and
WHEREAS, Minnesota Statutes currently in force require approval of a property tax levy and a
budget on or before December 28th of each year; and
WHEREAS, the City Council has received the budget document;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park
that the 2004 revised budget is approved and the 2005 budget for all Governmental Funds,
(including Economic Development Authority Funds), Enterprise Funds and Internal Service
Funds shall be as follows:
AVAILABLE RESOURCES:REQUIREMENTS:
Revenues:Appropriations:
General Property Taxes 16,990,080$ Personal Services 20,970,599$
Tax Increment Revenue 4,857,887 Supplies, Services and Other Charge 24,643,463
Licenses and Permits 2,263,925 Capital Outlay 5,803,079
Integovernmental 3,514,273 Transfers Out 8,141,365
Charges for Services 3,290,167
Fines, Forfeits and Penalties 285,900
Enterprise 9,784,317
Miscellaneous 4,655,898
Investment Earnings 1,558,098
Transfers In 8,141,365
Total Revenue 55,341,910$ Total Appropriations 59,558,506$
Fund Balance/Reserves - Janua 110,171,271 Fund Balance/Reservices - Dec 31 105,954,675
Total Available 165,513,181$ Total Available 165,513,181$
and as supported by the 2004 budget document; and
BE IT FURTHER RESOLVED, a Public Hearing on this budget was held on December 6,
2004; and
St. Louis Park City Council Meeting
122004 - 8b - Budget and Property Tax Levy
Page 4
BE IT FURTHER RESOLVED, that the City Council of the City of St. Louis Park, Hennepin
County, Minnesota, that the following sums of money be levied in 2004, collectible in 2005 upon
the taxable property in said City of St. Louis Park for the following purposes:
General Fund $12,790,102
Parks and Recreation Fund 2,675,828
Parks Improvement Fund 999,708
G.O. Debt Service 837,500
Total $ 17,303,138
and
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to
transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota
and to the Local Government Aids/Analysis Division, Department of Revenue, State of
Minnesota as required by law.
Reviewed for Administration: Adopted by the City Council December 20, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
122004 - 8b - Budget and Property Tax Levy
Page 5
RESOLUTION NO.
RESOLUTION AUTHORIZING THE HRA LEVY FOR 2005
WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA
Act”), the City Council of the City of St. Louis Park created the St. Louis Park Economic
Development Authority (the "Authority"); and
WHEREAS, pursuant to the EDA Act, the City Council granted to the Authority all of
the powers and duties of a housing and redevelopment authority under the provisions of the
Minnesota Statutes, sections 469.001 to 469.047 (the "HRA Act"); and
WHEREAS, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a
tax upon all taxable property within the City to be expended for the purposes authorized by the
HRA Act; and
WHEREAS, such levy may be in an amount not to exceed 0.0144 percent of taxable
market value of the City; and
WHEREAS, the Authority has filed its budget for the special benefit levy in accordance
with the budget procedures of the City; and
WHEREAS, based upon such budgets the Authority will levy all or such portion of the
authorized levy as it deems necessary and proper;
NOW, THEREFORE, BE IT RESOLVED, by the St. Louis Park City Council:
1. That approval is hereby given for the Authority to levy, for taxes payable in 2005,
such tax upon the taxable property of the City as the Authority may determine, subject to the
limitations contained in the HRA Act.
Reviewed for Administration: Adopted by the City Council December 20, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
122004 - 8c - Health Care Savings Plan
Page 1
8c. Resolution Establishing A Health Care Savings Plan Program
Recommended
Action:
Motion to adopt a resolution adding a Health Care Savings Plan
Program to the City of St. Louis Park Personnel Manual
Purpose: The purpose of this report is to inform the Council about the Health Care
Savings Plan (HCSP) and to recommend approval of this new program for various
employee groups.
What is a Health Care Saving Plan (HCSP): A HCSP is a program that requires
qualifying employees, who separate employment from the city and leave in good
standing, to set aside money tax-free. Funds placed in a HCSP are used for health and
dental insurance premiums and qualifying out of pocket medical expenses employees
incur after termination of employment.
Where do the funds for the HCSP come from? This plan is designed to deposit the
employee’s eligible severance into a VEBA (Voluntary Employee Benefit Account)
account at termination after employment when an employee leaves in good standing.
There are eligibility requirements in the plan design and due to IRS regulations, once the
plan is adopted, there is no opt-out.
Who participates in this program? Any unrepresented benefit earning employee, or
employee under contract with an applicable labor agreement must participate. The level
of participation is determined by the employee’s flex leave balance on the date the
written letter of resignation of employment is received by the employee’s Department
Head or City Manager. The attached policy (Appendix A) shows how the flex leave
balance determines the participation.
Is the money deposited into the account taxed? No. If an employee qualifies to be in
the HCSP, the funds are free from federal, state and F.I.C.A. taxes when it is deposited.
Since the accounts are used to pay for qualified medical expenses, the money will remain
tax-free when reimbursed for those expenses.
How is the money invested? Funds will be placed in a VEBA. The city will use
America’s VEBA Solution for the program. This is the same product that is used for our
high deductible medical plan and flex spending for employees. By using the same
product we will save on administration fees and make it easy to coordinate all programs
for our employees.
Are there administration fees? Yes, the current fee is $4.50 per month and will be paid
from the employee’s account once they start a HCSP.
How was this plan developed and presented to employees? Over the past year our
benefits committee and an employee task force studied various options for
St. Louis Park City Council Meeting
122004 - 8c - Health Care Savings Plan
Page 2
implementation of a HCSP. After many months of work and research, this plan was
recommended to the City Manager then presented to employee groups for a vote.
Human Resources conducted information sessions with all of our benefit earning non-
represented employees in 4 employee groups: hourly, salary, Department Heads and City
Manager (grouping was done as recommended by the committee). The majority of voters
in each group determined if the plan was approved. As a result of the vote, all groups
recommended putting this HCSP program in place. Due to regulations, union employees
will need to conduct their own vote on the plan. HR has informed union stewards that we
are available to present this information to their members. We presented the plan to 2
union groups, Local 49 and Sergeants, based on their request.
Plan design: The plan design is attached as Appendix A.
Recommendation: The attached resolution will add this policy to our personnel manual.
All benefit earning, non-represented employees in the following employee groups listed
below are required to participate in the HCSP:
• Hourly Employees
• Salaried Employees
• Department Heads
• City Manager
The following unions also voted to adopt this program, to be administered the same as the
above employee groups: I.U.O.E. Local 49 Maintenance and L.E.L.S. Inc. Local #218
Police Sergeants. The attached resolution also includes approval of this program for
these two groups.
Attachments: Resolution
Appendix A
Prepared by: Nancy Gohman, Director of Human Resources
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
122004 - 8c - Health Care Savings Plan
Page 3
RESOLUTION NO. 04-______
RESOLUTION ADDING HEALTH CARE SAVINGS PLAN PROGRAM
TO THE CITY OF ST. LOUIS PARK 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 LET IT BE RESOLVED THAT, The City Council of the
City of St. Louis Park hereby adopts the Health Care Savings Plan Program (HCSP)
(attached as Exhibit A) to be added to the personnel manual with the following
conditions:
1. All benefit earning, non-represented employees in the following employee groups
listed below are required to participate in the HCSP:
• Hourly Employees
• Salaried Employees
• Department Heads
• City Manager
2. Union members of I.U.O.E. Local 49 Maintenance voted to approve this HCSP
program attached as Appendix A, and are required to participate. This HCSP will
be established for all members of IUOE Local 49 and will continue unless
specifically changed or terminated through future contract negotiations.
3. Union members of L.E.L.S. Inc. Local #218, Sergeants, voted to approve this
HCSP program attached as Appendix A, and are required to participate. This
HCSP will be established for all members of L.E.L.S. Inc. Local #218 and will
continue unless specifically changed or terminated through future contract
negotiations.
4. The Council authorizes the City Manager to enter into contracts as required to
successfully carry out the program.
Reviewed for Administration Adopted by the City Council December 20, 2004
City Manager: Mayor:
Attest:
City Clerk:
St. Louis Park City Council Meeting
122004 - 8c - Health Care Savings Plan
Page 4
APPENDIX A
RESOLUTION NO. 04-_________
CITY OF ST LOUIS PARK
HEALTH CARE SAVINGS PLAN PROGRAM
The City of St. Louis Park is establishing a means for eligible employees to participate in
a program to help defray some of the costs of post employment health related expenses.
This includes the ability to pay health insurance premiums using tax free dollars.
Participation in a Health Care Savings Plan (HCSP) provides this opportunity for
employees.
Participation
This program is required for all benefit earning, non-represented employees in the
following employee groups
• Hourly Employees
• Salaried Employees
• Department Heads
• City Manager
Notice of separation of employment must be given in accordance with the Personnel
Manual 12.1. Employees must leave in good standing.
Employees who qualify to receive severance pay upon separation from the City as
defined by 9.6 of the Personnel Manual must participate in a Health Care Savings Plan
based on the table below:
HCSP Participation Schedule
Hours In Flex Leave Account Participation Level
660+ 100% to HCSP
620 – 659 0% to HCSP
580 – 619 First 80 hours paid, remainder to HCSP
540 – 579 0% to HCSP
500 – 539 First 80 hours paid, remainder to HCSP
460 – 499 0% to HCSP
420 – 459 First 80 hours paid, remainder to HCSP
380 – 419 0% to HCSP
340 – 379 First 80 hours paid, remainder to HCSP
300 – 339 0% to HCSP
260 – 299 First 80 hours paid, remainder to HCSP
220 - 259 0% to HCSP
180 – 219 First 80 hours paid, remainder to HCSP
179 and Under 0% to HCSP
St. Louis Park City Council Meeting
122004 - 8c - Health Care Savings Plan
Page 5
Notice of separation as it relates to level of flex leave and the HCSP
The level of flex leave balance is determined by the date the written letter of resignation
of employment is received by the employee’s Department Head or the City Manager.
The official leave balance is maintained in payroll. The written letter of resignation must
include the last day of employment with the city. The date of resignation of employment
(last day of work) is not the factor used to determine the flex leave balance.
Flex leave balance
The official leave accrual balance is maintained in payroll. Flex leave balance cannot
exceed maximum levels as stated in the Personnel Manual.
Flex leave accruals
Flex leave continues to accrue in accordance with policy from the date the letter of
resignation is received by the city to the last day of employment. Severance pay and/or
payment into a HCSP is based on the employee’s current rate of pay and flex leave
balance on the date of separation of employment from the city.
No Opt-out
This program is mandatory. Employees are not permitted to opt-out of the program or
alter approved plan design. This is an irrevocable election.
HCSP contributions
When participation level is not 0% to HCSP, each employee will have a HCSP account
established.
• Flex hours will be contributed based on the HCSP participation schedule.
• Flex balances placed in the account will be adjusted based on actual accrued
or used up to the final day of employment.
• 100% of accrued compensatory time at the date of separation up to a
maximum of 40 hours (minus required payroll deductions).
• Accrued frozen sick leave balance as defined in 9.7 as severance will be place
in a HCSP.
In no instance shall any accruals or severance exceed the maximum levels in the
personnel policy.
HCSP program administration
This program is pursuant to plan requirements and IRS regulations. Use of HCSP is
governed by plan documents and IRS regulations, limited to payment for qualified
medical expenses. Employees are responsible for plan administration fees, with no
cost to the city. The type of HCSP used by the city will be determined by the City
Manager. The City’s responsibility will be to process the initial employee enrollment
in the plan and to forward the appropriate employee contributions. Employees are
responsible for filing for reimbursement directly through the HCSP administrator.
St. Louis Park City Council Meeting
122004 - 8c - Health Care Savings Plan
Page 6
The city reserves the right to modify it’s policy to comply with any other regulations
regarding the plan and to add contribution requirements.
Authorization
The City Manager is the final authority making policy decisions regarding
administration of this program. Such decisions must be made within constraints of
IRS regulations and plan documents and in the best interest of the city. The decision
of the City Manager is final.
Reviewed for Administration: Adopted by the City Council December 20, 2004
City Manager: Mayor:
Attest:
City Clerk:
St. Louis Park City Council Meeting
122004 - 8d - Business Investigative Fee
Page 1
8d. First Reading: Proposed Ordinance Amending Chapter 8, Division III,
Subdivision I, Section 8- 191 – Establishing a Licensing Investigation Fee
Consideration of an ordinance creating an investigative fee for businesses
beginning operation without first obtaining required licenses.
Recommended
Action:
Motion 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.
Purpose of Proposed Ordinance:
To provide for recovery of City incurred expenses when a business required to be licensed
begins operating without first obtaining such license and to encourage compliance with standard
licensing procedures.
Background:
Per City Code, many types of businesses are required to obtain a business license to operate. This
initial license then becomes renewable annually as long as the business continues to operate in
the City and meets the requirements of the business license.
Nearly every owner opening a new business in the city cooperates with staff by completing the
appropriate application and inspection process. On a few occasions the city has discovered
tobacco sales or food service occurring without having inspected the facility and issued a license.
If the owner is not fully cooperative in the licensing process the amount of staff time spent to
investigate and resolve the situation can be extensive.
Analysis:
Need - When a regulated business activity is discovered operating without a business license,
and the business owner is unknown or uncooperative; staff must stop what they are currently
working on and initiate an investigation on the facility. The investigation might include
identifying and locating the owner or officers of a business, sending out applications, fee
schedules and requirements to the responsible parties, and guiding the business through the
correct processes. Depending on the business type and location, the approval process might
include zoning, building, and fire staff. All of this investigation must be done quickly and
decisively to protect public health and safety but takes time away from the regular duties. In
some situations a significant amount of time may be spent obtaining complete information,
collecting fees and applications in order for the business to get licensed. These extra steps create
additional costs that otherwise may have been avoided if the process was followed.
St. Louis Park City Council Meeting
122004 - 8d - Business Investigative Fee
Page 2
Application – The proposed amendment to Section 8-191 would potentially apply to all
businesses licensed by the provisions of Chapter 8, Division 3. These are all annual licenses
effective from January 1st through December 31st. The following identifies the number of each
type of license currently issued:
• Tobacco Sales 39
• Lodging 9
• Courtesy Benches 1 - business with 35 bench locations
• Commercial Entertainment 2
• Billboards 3 - businesses with a total of 34 billboards
• Environmental Emissions 19
• Vehicle Parking Facilities 29
• Sexually Orientated Retail 3
• Public Sanitary Facilities 45
• Dog Kennels 2
• Massage Establishment 11
• Food & Beverage 204
• Rental Housing
Multi Family - 300 buildings with 6900 units
1 & 2 Family - 653 estimated new licenses for 2005
1320 Total Licenses
Currently the code has provisions for a late fee on annual renewals. The proposed amendment
would not apply during annual license renewals or for any of the temporary license types issued
under Division 4 of the chapter.
Fee - establishing the proposed administrative fee of $300 is designed to accomplish two goals:
1. Recovery of costs and expense of conducting an investigation, and
2. Serve as a disincentive for business owners to bypass licensing requirements.
This investigative fee is intended as another tool, to be used on occasion and with good
judgment. Our main goal is to protect the health and welfare of the community. The $300
amount was selected as a realistic value for cost recovery based on past experiences. Most
annual business license fees vary from $75 to about $875 depending on the license type.
The use of an investigation fee is not new and has been utilized successfully in the past. A
Building Permit Investigation Fee has been in-place for several years and they are very common
nationwide. Typically twice the permit fee, they may apply if a contractor begins construction
work without first receiving a permit.
St. Louis Park City Council Meeting
122004 - 8d - Business Investigative Fee
Page 3
Alternatives – Failure of a business to become licensed in a reasonable time after notification is a
violation of City Code and may result in prosecution. This is both unfortunate and expensive
when it occurs. Involvement of the City Attorney for drafting a formal complaint initiating the
process becomes a General Fund expense. Staff would prefer to collectively resolve license
issues before having them escalate to this level.
Prepared By: Brian Hoffman, Director of Inspections
Approved By: Tom Harmening, City Manager
Attachments: Proposed Ordinance
St. Louis Park City Council Meeting
122004 - 8d - Business Investigative Fee
Page 4
ORDINANCE NO. _________
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE RELATING TO BUSINESSES OPERATING
WITHOUT A LICENSE, PROVIDING FOR AN INVESTIGATIVE
FEE AND AMENDING CITY CODE SECTION 8-191
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Section 8-191 of the St. Louis Park Ordinance Code is amended by adding the
following:
(d) Any person who commences operation of a business without a license may be
charged an additional investigative fee at the time the license is initially issued in an amount
established in the City’s fee ordinance. Whether the person will be charged an investigative fee
will be determined administratively by the City Manager or designee based upon the amount of
investigative time and effort expended by the City in generally policing the City for unlicensed
businesses and in bringing the particular offending business into compliance.
SECTION 2. Section 8-33 of the city code states that all fess for licensing shall be
set by City Council. The License Investigation Fee shall be $300.
SECTION 3. The fee set in Section 2 above shall be included in Appendix A of the
city code with other fees and charges called for by ordinance.
SECTION 4. This Ordinance shall take effect fifteen days after its publication.
Reviewed for Administration Adopted by the City Council __________, 2005
______________________________ _______________________________________
City Manager Mayor
Attest:
_______________________________ ______________________________________
City Clerk City Attorney