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HomeMy WebLinkAbout2002/12/02 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 2, 2002 7:30 p.m. 7:25 p.m. – Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of November 18, 2002 Document b. City Council Special Meeting Minutes of November 18, 2002 Document c. City Council Study Session Minutes of November 12, 2002 Document d. City Council Study Session Minutes of October 28, 2002 Document 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 6a. Public Hearing on the 2003 Budget and Tax Levy Document To review the 2003 budget and tax levy Recommended Action: Mayor to close public hearing 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Recommended program changes for residential solid waste collection. Document This report considers pursuing the recommended residential solid waste program changes. Recommended Action: Motion to direct staff to prepare contract documents incorporating program changes as outlined in this staff report. 8b. Paid Time Off Policy Document Paid Time Off Policy as it relates to salary limitations (salary cap). Recommended Action: It is recommended that the City Council adopt the attached resolution revising the City of St. Louis Park Personnel Manual by adding a Paid Time Off Policy. 8c. 2003 General Pay Increase Document Non-Union Employee compensation, Paid-On-Call Firefighter Performance Program and the City Manager’s Contract Recommended Action: It is recommended that the City Council adopt the attached resolution confirming a general increase for non-union employees, increasing performance program pay for Paid-on-call Firefighters, and adjusting compensation for the City Manager. 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 2, 2002 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 declaring a vacancy in At-Large A Council seat Document 4b Motion to adopt the attached resolution authorizing the installation of Permit Parking restrictions on Idaho Avenue, 2nd Street, and 1st Street Document 4c Motion to approve second reading of zoning ordinance text amendments to add large item retail as a separate land use classification, correct the table of bulk regulations to reflect previous amendments to residential setbacks, allow use of certain exterior building materials for park buildings, and correct a code formatting error relating to the location of required parking in the R-1, R-2 and R-3 residential districts, approve summary ordinance and authorize publication. Document 4d Motion to approve a resolution authorizing final payment to Ron Kassa Construction, Inc. for random curb replacement Document 4e Motion to approve accept for filing the Human Rights Commission Minutes for October 16, 2002 Document 4f Motion to approve resolution authorizing execution of a Limited Use Permit with the Minnesota Department of Transportation for the construction, maintenance and operation of a pedestrian trail over Trunk Highway 100 Document AGENDA SUPPLEMENT CITY COUNCIL MEETING DECEMBER 2, 2002 Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Agenda Item: 120202 - 3a - City Council Minutes of November 18, 2002 Page 1 of 6 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 18, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Director of Community Development (Mr. Harmening); Police Chief (Mr. Luse); City Clerk (Ms. Reichert); Associate Planner (Ms. Grove); and Recording Secretary (Ms. Samson). Additional Staff present were the Director of Inspections (Mr. Hoffman); Director of Parks and Recreation (Ms. Walsh); and Police Support Services Sergeant (Mr. Giebel). 2. Presentations--None 3. Approval of Minutes 3a. City Council Minutes of November 4, 2002 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar City Manager Charlie Meyer clarified a correction that had been made to the language in the pawnbroker ordinance in regard to Item 8a on tonight’s agenda. A memorandum with the corrected language was distributed to Councilmembers just prior to tonight’s meeting. Mr. Meyer requested that a resolution establishing fees for pawnbroker licenses issued by the City be added as a companion item related to Item 8a. 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. St. Louis Park City Council Agenda Item: 120202 - 3a - City Council Minutes of November 18, 2002 Page 2 of 6 4a Approve Resolution No. 02-125 authorizing execution of a Traffic Control Signal Agreement with the State of Minnesota for installation of emergency vehicle preemption systems at two existing traffic control signals. 4b Adopt Resolution No. 02-126 that declares the petition adequate for the purposes of preparing a formal City Engineer’s Report on the feasibility and costs associated with a proposed alley improvement project in the 7600 & 7700 blocks of Edgebrook Drive. 4c Approve the First Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001. 4d Accept and file Planning Commission Minutes of August 21, 2002. 4e Accept and file Planning Commission Minutes of September 18, 2002. 4f Accept and file Telecommunications Commission Minutes of August 8, 2002. 4g Accept and file Vendor Claim Report (See Agenda Supplement). It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Appointment to the Parks & Recreation Advisory Commission It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to appoint Sarah Lindenberg to the Parks and Recreation Advisory Commission. The motion passed 7-0. 6. Public Hearings 6a. Public Hearing to Consider Resolution Authorizing Renewal of Gambling Premises Permit for St. Louis Park Boy’s Traveling Basketball Association at Texa-Tonka Lanes, located at 8200 Minnetonka Blvd. Resolution No. 02-123 City Clerk Cindy Reichert said this resolution regards a two-year standard premises permit renewal to operate pull-tabs. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Santa, seconded by Coucilmember Velick to approve Resolution No. 02-123 authorizing renewal. St. Louis Park City Council Agenda Item: 120202 - 3a - City Council Minutes of November 18, 2002 Page 3 of 6 The motion passed 6-1. (Councilmember Nelson opposed). 7. Requests, Petitions, and Communications from the Public--None 8. Resolutions, Ordinances, Motions 8a. Second reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of the St. Louis Park Municipal Code concerning pawnbrokers and providing a penalty for violation. Ordinance No. 2233-02, Resolution No. 02-124 Chief Luse summarized the changes that were made to the draft ordinance: a 90-day transition period rather than a 15-day transition period to implement Automated Pawn System (“APS”) software is granted; the issuance of cash versus checks or drafts is acceptable; and the prohibition of a maximum of six transactions in six months for any one individual is lifted. Councilmember Sanger noted that on Page 13 of the ordinance, 15 days is stated, and she said the change was made in the Summary but not in the ordinance. Councilmember Sanger reported that in Section 3, Page 13, a 15-day transition period is stated; it should be modified in the motion tonight to be 90 days. Councilmember Sanger said on Page 4, Section 8-427, subdivision a, she understood that pawnbroker licenses would drop from three to two but Section 8 grandfathers the existence of three licenses. Mr. Meyer said it is his understanding that the City would allow three pawnbroker licenses to exist until such time when a license became vacant and, at that time, it would drop to two. Ms. Reichert explained the stricken provision from the draft was deleted because it was overly burdensome to the license-holder of the third license; essentially, that person would have been forced out of business. Ms. Reichert continued, if the third license is grandfathered with the intent that when that license comes up for renewal, it would not necessarily be renewed. Councilmember Sanger asked, Why not discontinue the third license now? Ms. Reichert responded that Council could do that but it was not presented at the first reading of the ordinance amending Chapter 8, Article II, Subdivision XII. Ms. Reichert said the intent was to place adequate restrictions in the ordinance so that the license would become St. Louis Park City Council Agenda Item: 120202 - 3a - City Council Minutes of November 18, 2002 Page 4 of 6 available at some point but not to force an existing business to remodel their building in order to stay in business. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to approve second reading of ordinance as amended, adopt Ordinance No. 2233-02, approve summary and authorize publication with the changes from 15 days to 90 days as outlined by Councilmember Sanger. Mr. Meyer added that in regard to the amendment, the effective date of the ordinance is 15 days after adoption, and the provision having to do with the implementation of the APS is written in various paragraphs, e.g., Pages 6 and 7 of the report. Mr. Meyer said the intent is to have the entire ordinance in effect immediately, however, the concerns raised by the pawn operators that it would take more than 15 days to implement the APS, is the reason for the granting of the 90-day transition period but the ordinance and fees would become effective within 15 days. With that, Councilmember Nelson withdrew the amendment and stated: Approve as Staff has submitted with the reports. On Page 14, in the Summary, Councilmember Latz asked: What is to take effect 90 days after publication? It was determined that 90 days in the Summary should be changed to 15 days. Council agreed an amendment to the motion should reflect that change. The motion passed 7-0. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve Resolution No. 02-124 establishing fees for pawnbroker licenses issued by the City. The motion passed 7-0. 8b. Zoning ordinance amendments relative to Sections 36-115, 36-142, 36-361, and 36-366 to add large item retail as a separate land use classification, correct the table of bulk regulations to reflect previous amendments to residential setbacks, allow use of certain exterior building materials for park buildings, and correct a code formatting error relating to the location of required parking in the R-1, R-2 and R-3 residential districts. C-56-ZA as e 02 Associate Planner Julie Grove presented a report regarding zoning ordinance amendments. Ms. Grove said the Planning Commission recommended approval on a 5-0 vote. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve first reading of the proposed Zoning Ordinance amendments. St. Louis Park City Council Agenda Item: 120202 - 3a - City Council Minutes of November 18, 2002 Page 5 of 6 The motion passed 7-0. 8c. Traffic and Environmental Studies--Methodist Hospital Campus Expansion Community Development Director Tom Harmening reported on the 90,000 square foot heart and vascular Methodist Hospital Campus expansion facility. Mr. Harmening said a scope of work regarding parking and traffic analysis and an environmental assessment worksheet for the overall expansion is underway with Park Nicollet, SRF Consulting Group, and Staff as participants. Mr. Harmening said the City would be the contracting agency with the consultant, and the developer will reimburse the City for the cost of the study. Michael Monahan from SRF Consulting Group was present to answer questions. Councilmember Nelson requested of Mr. Harmening that the Brooklawn, Brookside, Creekside, and Elmwood neighborhoods be involved when it is determined which intersections are to be counted. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to authorize preparation of an Environmental Assessment Worksheet relating to the proposed expansion of the Methodist Hospital campus. The motion passed 7-0. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to authorize the Mayor and City Manager to execute a contract with SRF Consulting Group Inc. for purposes of undertaking the preparation of an Environmental Assessment Worksheet and necessary traffic and parking analysis for a proposed Methodist Hospital expansion initiative with the understanding that Park Nicollet Health Services will escrow funds or enter into an agreement to reimburse the City for the costs associated with these activities. The motion passed 7-0. 9. Communications From the Mayor: Mayor Jacobs announced an open house to take place at City Hall on November 19th to discuss proposed changes to the solid waste garbage hauling/recycling contract. Mayor Jacobs announced two open houses to be sponsored by Park Nicollet on November 19th and November 21st in regard to the Park Nicollet and Methodist Hospital expansions. Mayor Jacobs extended his appreciation to the election judges. 10. Adjournment St. Louis Park City Council Agenda Item: 120202 - 3a - City Council Minutes of November 18, 2002 Page 6 of 6 Mayor Jacobs adjourned the meeting at 8:06 p.m. __________________________________ ___________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 120202 - 3b - Special Meeting Minutes of November 18, 2002 Page 1 of 1 OFFICIAL MINUTES CITY COUNCIL SPECIAL MEETING November 18, 2002 The meeting convened at 8:11 P.M. Present at the meeting were Councilmembers Susan Sanger, Susan Santa, Sally Velick, Jim Brimeyer, Ron Latz, Chris Nelson and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Parks and Recreation Director (Ms. Walsh); Mgr. Buildings and Structures (Mr. Panning); City Attorney (Mr. Scott) and City Clerk (Ms. Reichert) 1. Recreation Center Roof Parks and Recreation Department staff and representatives of the engineering and architect firm of Krech, O’Brien, Mueller and Wass met with Council to discuss estimates for the cost of the Recreation Center roof repair. After reviewing options, council decided that it was most logical to utilize a smaller crane and replace the ice and refrigeration system under the flooring also as part of the process. Council also discussed use of the firm of Krech, O’Brien, Mueller and Wass to prepare construction documents. Motion to approve a contract with the firm of Krech, O’Brien, Mueller and Wass, Inc. (KOMW) to prepare construction documents for replacement of the Recreation Center roof in an amount not to exceed $86,000 was made by Chris Nelson and seconded by Susan Santa. Motion passed unanimously. Following approval of the motion, additional discussion regarding how to finance the projected cost of 2.6 million for project completion ensued. 2. Process for Appointment of Citizen to Council Vacancy Council discussed a proposed process and timeline for appointment of a citizen to serve as At Large A Councilmember. Council proposed that applications would be solicited via publication on the web, in the Sun Sailor and as a press release. Deadline for returning applications would be December 9th. All applicants would be interviewed on dates yet to be determined. The appointment is expected to be made at the first business meeting in January of 2003. Meeting adjourned at 9:15 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 120202 - 3c - Study Session Minutes of November 12, 2002 Page 1 of 2 OFFICIAL MINUTES CITY COUNCIL STUDY SESSION November 12, 2002 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers Susan Sanger, Susan Santa, Sally Velick, Jim Brimeyer and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Organizational Development Coordinator (Ms. Gothberg) 1. Organizational Development Exercise At the study session meeting of July 22, 2002 Council consider a different format where retreat sessions would be scheduled quarterly (or more frequently if desired by Council) on a second or fourth Monday in lieu of a Study Session. Organizational Development Coordinator, Bridget Gothberg, prepared this summary of council’s first discussion. In addition, a presentation abou the Carver Model of Governance was presented by Councilmember Brimeyer. City Council Learning Session Summary What do I want to happen in these learning sessions (hopes)? • Learning about the changing and the dynamics of the council changing • System or structure for new people to transition • How to work with each other and how to work with new people • Better define how we use the Carver Model and how we do not • How not to get “nudged” the wrong way • How we can be a self-renewing/healthy group • Be creative as individuals and as a team • How to not always react, be more assertive • Learn about each others styles and how we work as a group • Get back to neighborhood relations • Learn why are we not spending more time on the things that are important • How to be a better job of broader participation • Make the “Ron” transition smooth/positive • Test our vision statement on what is missing Parking Garage of Ideas: • Write or, at least, put together the unwritten norms to help Ron’s successor be a part of the council • Contingency planning St. Louis Park City Council Agenda Item: 120202 - 3c - Study Session Minutes of November 12, 2002 Page 2 of 2 What did I learn? • Together we will make St. Louis Park a better place to live as our community grows • My proper role as an elected official is to creatively determine how the world will be different as a result of my being that role and then to manage that change • The Carver principles. (several responses) • How important it is to review the Carver model • Importance of shared values as to our process and relative importance in selection of Ron’s successor • Try to remain focused and not get distracted • Relationship between the council and the staff. • Focus on getting council more involved in the big picture discussion at an earlier stage • We are doing better with the Carver Model than I thought. • We must be aggressively creative in order to leave worthwhile legacies • We need to develop a systematic way to determine stakeholder feelings • We need a system to incorporate more interest/participation by a broader range of constituencies. • Assessments and connections: our styles are different and we can get the same result. How will I use it? • I will articulate what I do to third graders and to myself, using the Carver definition • I will remind others of the Carver model when we get “off track” at Council meetings (several responses) • We all need to remember to help those that weren’t at this learning session to use the Carver model and to bring them up to speed Following the above discussion, council agreed that the next session would be scheduled to learn about individual leadership styles, how they work within the Council and how they work in relation to the Carver model. City Clerk Mayor St. Louis Park City Council Agenda Item: 120202 - 3d - Study Session Minutes of October 28, 2002 Page 1 of 3 OFFICIAL MINUTES CITY COUNCIL STUDY SESSION October 28, 2002 The meeting convened at 7:02 p.m. Present at the meeting were Councilmembers Susan Sanger, Susan Santa, Chris Nelson, Jim Brimeyer and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Director of Public Works (Mr. Rardin); Public Works Coordinator (Mr. Merkley); Director of Community Development (Mr. Harmening); Assistant Zoning Administrator (Mr. Morrison) and City Clerk (Ms. Reichert). 1. Solid Waste Collection Program Changes Council and staff met to discuss the public response to proposed solid waste collection program changes and also to discuss multi-family recycling in the city. Mr. Rardin explained that department staff had been seeking input from residents over the past year about possible program changes designed to help meet the goals of the solid waste program. Surveys conducted showed that residents overwhelmingly support the proposed program changes. Councilmember Sanger stated that she would like a strong ordinance addressing dumping of yard waste into streets and gutters. Mr. Brimeyer was pleased with the public response and felt we should move forward quickly to implement the proposed program changes. Mayor Jacobs wanted to see more recycling from multi-family housing and large commercial operations. He pointed out the fact that the school district does not currently participate in a recycling program. Mr. Rardin stated that next steps in the process would be to hold a community open house on proposed program Changes and to hold a public hearing. At that hearing, council would also be asked to give preliminary approval to the proposed program changes so that staff could move forward in developing new contract documents. Councilmember Sanger stated that it was her opinion that the city should go out to bid on a new contract. Mr. Rardin pointed out that the direction staff had received from the council is to re-negotiate with the current provider and if, at that point, an agreement beneficial to the city could not be reached, a bidding process would be developed. St. Louis Park City Council Agenda Item: 120202 - 3d - Study Session Minutes of October 28, 2002 Page 2 of 3 Councilmember Brimeyer stated he was strongly opposed to going out to bid and believed it was in the city’s best interest to renegotiate. Councilmember Nelson agreed. Mayor Jacobs stated that the city’s goal should be a good quality program and not necessarily the lowest cost program. He was therefore also opposed to going immediately to bid. He went on to state that he had received complaints early in the current contract, but had received no complaints recently. He was comfortable with survey results which stated that the public is satisfied with the current provider. Councilmember Nelson said that he was not currently receiving complaints either. Councilmember Santa had received some complaints, but felt those complaints had been resolved quickly and efficiently. 2. Sidewalks and Trails Public Works staff and council discussed possible changes to the City’s adopted sidewalk, trail, and bikeway systems. Mr. Rardin went through a summary of those changes providing additional detail to the council. He informed council that a discussion was to be held with MN Dot regarding reconstruction of Hwy 100. If the Hwy 100 project were to move forward more quickly than anticipated, there were additional trail changes that should be considered at the same time. If, however, Hwy 100 was delayed, those sidewalk and trail changes could be deferred. Following discussion, council directed staff to move forward with a public process for proposed changes in the Kilmer Neighborhood and asked to be kept informed about the meeting with MN Dot officials. 3. Developer Compliance Tom Harmening introduced Gary Morrison, Assistant Zoning Administration, to the Council. Mr. Harmening then proceeded to state that special circumstances associated with a recent development project had precipitated this discussion. The experience of the Community Development department, however, was that the development project in questions was not the norm and that overall experience of the department was that both small and large projects undertaken in the city proceed very smoothly and there is virtually no problem with compliance on the part of developers. He also stated that if compliance issues do occur, they are generally handled through discussion. If that were to fail, legal remedies are available. St. Louis Park City Council Agenda Item: 120202 - 3d - Study Session Minutes of October 28, 2002 Page 3 of 3 Councilmember Nelson felt that with the one project where compliance was a real issue, an unrealistic expectation had been created in the neighborhood that there would be no inconvenience as a result of this major project. He felt some complaints had been legitimate, but that the majority were not. He was more concerned with other compliance issues where no adequate follow-up had been done by staff to ensure that developers had completed all work required by the development agreement. Mr. Harmening was also concerned about that issue and stated that most of these problems were due to poor performance by staff members that were no longer with the department. He also described the current requirement for a letter of credit to be provided by the developer for the value of all work undone when the certificate of occupancy is issued. Mayor Jacobs thought that we may not need to change policy, but that better enforcement should be done. Mr. Meyers agreed saying that enforcement mechanisms are in place. Councilmember Sanger asked that council consider other mechanisms that could work in concert with our current procedures. Council directed staff to look a the possibility of adding incentives for self-regulation by the developers. These new requirements could be added when negotiating development agreements for large projects. 4. Pawn Members of the Police Department met with the council to inform them that new regulations for enforcement of pawn operations would be coming to the council for first reading on November 18th. After performing research on the possibility of regulating second hand operations, staff had decided not to proposed that option as part of the ordinance. Annual license fees would also be increased and the number of licenses to be issued in the city would be reduced from three to two. Because there were currently three licenses held, the ordinance had been designed to achieve the reduction in number of licenses at the point where the third license was not revoked or not renewed. The meeting adjourned at 9:10 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 120202 - 4a - Council Vacancy Page 1 of 3 4a. Motion declaring a vacancy in At-Large A Council seat Background: As a result of the November 5, 2002 General election, Ron Latz has been elected to the State House of Representatives. This move will result in a vacancy in the At-Large A Council seat. Attached to this report is a resolution declaring the vacancy and Ron Latz’s notice to vacate his seat. In accordance with the City Charter, the City Council can appoint a resident of the city to fill the term, which runs through December of 2003. This process can begin once the vacancy has been declared. Recommendation: It is recommended that Council declare a vacancy in the At-Large A Council seat. Attachments: Resolution Notice from Ron Latz Prepared by: Kimberly A. Olson, Administration Secretary Cynthia D. Reichert, City Clerk Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 120202 - 4a - Council Vacancy Page 2 of 3 RESOLUTION NO. ___________ RESOLUTION ACCEPTING RESIGNATION AND DECLARING VACANCY IN THE OFFICE COUNCILMEMBER AT LARGE A WHEREAS, St. Louis Park City Councilmember Ronald S. Latz has submitted a letter of resignation effective January 7, 2003, leaving a vacancy in the office for a term expiring January 5, 2004 and WHEREAS, pursuant to Chapter 2.05 of the City Charter the Council shall accept the resignation and declare a vacancy for the remainder of the unexpired term. NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that a vacancy is hereby declared for the office of Councilmember At Large A effective January 7, 2003 for the remainder of the term to expire January 5, 2005. Attest: Adopted by the City Council December 2, 2002 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 120202 - 4a - Council Vacancy Page 3 of 3 November 27, 2002 Cindy Reichert City Clerk St. Louis Park, MN Ms. Reichert: I am writing to inform you that I am resigning my position as St. Louis Park City Councilmember, At-Large A, effective January 7, 2003, due to my election to the Minnesota House of Representatives. Please let me know if you need anything further to effectuate this resignation. Very truly yours, Ron Latz St. Louis Park City Council Agenda Item: 120202 - 4b - Permit Parking Signs Page 1 of 3 4b. Motion to adopt the attached resolution authorizing the installation of Permit Parking restrictions on Idaho Avenue, 2nd Street, and 1st Street Background: Based upon a request by a resident, staff explored the possibility of installing signage to limit non-resident parking on several streets adjacent to the high school. This request was prompted by the number of high school students who habitually park in the neighborhood. Specifically, the areas requested for parking restrictions include the west side of Idaho Avenue, and both sides of 1st and 2nd Streets, between Library Lane and Idaho Avenue. Analysis: More and more students are driving to school rather than walking or taking the bus. The school limits the number of students who can park in the school parking lot by issuing them passes. Students who don’t have passes then park on neighborhood streets. Residents are concerned because student parking limits available parking for their family and guests. The proposed signage would limit parking on school days, between the hours of 7:00 a.m. and 4:00 p.m. to only those vehicles displaying an appropriate permit from the City. Each adjacent property would be mailed four permits for their personal and guest use along with instructions on placement. Several other streets, adjacent to the high school, have similar signage. Public Input: An initial letter was mailed to residents in late August requesting an indication of support for or against the proposed parking restrictions. Of 6 responses to that inquiry, 5 were in favor of the restrictions and 1 opposed them. On November 15, staff mailed a second notice to affected residents and the high school principal seeking input and comments on the request. As of Monday, November 25th, staff has received 2 comments from residents. These are summarized in the attachment. To address the concern raised regarding adequate student parking, parking would still be available along the entire length of the east side of Idaho Avenue and in areas of W. 33rd Street. Staff feels that this is a reasonable compromise between resident and student parking for the area. If the problem of student parking is transferred to other, non-permitted streets, staff will contact the school to discuss other options. Recommendation: Staff recommends approving this request by adopting the attached resolution authorizing installation of permit parking signage on the above-described streets. Attachments: Summary of resident comments Map Resolution Prepared by: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 120202 - 4b - Permit Parking Signs Page 2 of 3 Comments Received Regarding Permit Parking Restrictions: Name Address Comment Louise Kruzika 3289 Library Lane Concerned about whether adequate parking is available for the high school; questioned whether these restrictions would just push the problem to a different street; requested a “Slow Children” sign on 2nd Street (no name) (no address) In favor of restrictions; Metro Mobility cannot get through or park in front of home St. Louis Park City Council Agenda Item: 120202 - 4b - Permit Parking Signs Page 3 of 3 RESOLUTION NO. 02-130 RESOLUTION AUTHORIZING PERMIT PARKING RESTRICTIONS ON IDAHO AVENUE, 2ND STREET, & 1ST STREET TRAFFIC STUDY NO. 570 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that it is in the best interest of the City to establish parking restrictions based upon permit issuance to the residents adjacent to the following areas: § West side of Idaho Avenue from W. 33rd Street to 1st Street § Both sides of 2nd Street from Library Lane to Idaho Avenue § North side of 1st Street from Library Lane to Idaho Avenue § South side of 1st Street from Library Lane to the easterly edge of Idaho Avenue NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that parking shall be prohibited on school days, between the hours of 7:00 a.m. and 4:00 p.m. unless the vehicle prominently displays a City-issued parking permit on the lower left, rear window, or on the front dashboard on the driver’s side, or, in the case of motorcycles, on the rear fender. Emergency vehicles, governmental vehicles, commercial vehicles, and vehicles unloading or loading merchandise or equipment parked in the affected areas, while work is being conducted, are exempt from these restrictions. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to install the necessary signage and distribute parking permits to all adjacent property owners as soon as possible. Reviewed for Administration: Adopted by the City Council December 2, 2002 City Manager Mayor Attest: City Clerk 4c. Motion to approve second reading of zoning ordinance text amendments to add large item retail as a separate land use classification, correct the table of bulk regulations to reflect previous amendments to residential setbacks, allow use of certain exterior building materials for park buildings, and correct a code formatting error relating to the location of required parking in the R-1, R-2 and R-3 residential districts, approve summary ordinance and authorize publication. Background: Staff is proposing four text amendments to the Zoning Ordinance. One amendment is proposed to incorporate previously approved changes as well as other miscellaneous corrections to Table 36-15B, the table of bulk regulations. Another amendment proposes to create a new Land Use Description for large item retail in an effort to eliminate vagueness in both interpretation and enforcement. To correct an error made during recodification, a third amendment proposes to reformat section 36-361(b)(2)(j). Finally, the fourth amendment proposes to allow wood as a class I architectural material on smaller park buildings, which would allow these buildings to blend in with their surrounding residential environments. On November 6, 2002, the Planning Commission held a public hearing on this item and voted 5-0 to recommend approval of the Zoning Ordinance amendments. On November 18, 2002, the City Council approved the First Reading of the proposed ordinance amendments. Recommendation: Staff and the Planning Commission recommend approval of the attached ordinance amendment. If the City Council approves the proposed ordinance, it will be published on December 12, 2002 and will become effective on December 27, 2002. Approved: Charles W. Meyer, City Manager Attachments: Proposed Ordinance Proposed Summary Ordinance ORDINANCE NO. 2234-02 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-115, 36-142, 36-361, and 36-366 LARGE ITEM RETAIL AS SEPARATE LAND USE CLASSIFICATION, CORRECT TABLE OF BULK REGULATIONS, ALLOW USE OF CERTAIN EXTERIOR BUILDING MATERIALS FOR PARK BUILDINGS, CORRECTION TO LOCATION OF REQUIRED PARKING IN R-1, R-2 AND R-3 RESIDENTIAL DISTRICTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02-56-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-115, 36-142, 36-361, and 36-366 is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Sec. 36-115. Land use by zoning district; interpretation of land use tables. *** Table 36-115A *** Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Retail N N N A A PC/PUD P P PC A A PUD Retail, Large Item N N N N N P P N A A N *** TABLE 36-115b ZONING DISTRICTS TABLE OF BULK REGULATIONS Building Height Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Minimum lot width 1-2-story or 25 feet 75 60 60 60 80 -- -- 100 75 50 -- 3-story or 35 feet 75 60 60 60 80 -- -- 100 100 75 -- 4-story or 48 feet N/A N/A N/A 60 80 N/A -- 100 100 75 -- 5-6 story or 75 feet N/A N/A N/A 60 80 N/A -- 100 150 100 -- Minimum lot area 1-2 story or 25 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 15,000 5,000 -- 3-story or 35 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 18,000 7,500 -- 4-story or 48 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 18,000 7,500 -- 5-6 story or 75 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 22,500 10,000 Maximum density 4.8 6 10.9 30* 50* N/A N/A N/A N/A N/A 50* Maximum height 30 30 35 40* 75* 35 75 240 75 75 * Floor area ratio (FAR) 0.3 0.3 0.4 0.7 1.2 1.2 2.0 1.5 0.5 1.0 1.5* Ground floor area ratio (GFAR) 0.3 0.3 0.25 0.25 0.25 -- -- -- -- -- -- Minimum yard widths Front 35* 30* 30* 25* 30* 25* 30* 30* 20 5* 20 5* 20* 50* 20 -- Side 1 1-2 story or 25 feet 6 5 6 15 15 0* 0* 15 20 12 -- 3-story or 35 feet 9 6 7 5 9 6 15 15 0* 0* 15 25 12 -- 4-story or 48 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 30 12 -- 5-6 story or 75 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 35 12 -- Side 2 1-2 story or 25 feet 9* 7* 9* 1/2 1/2 0* 0* 1/2 20 0 -- 3-story or 35 feet 11 9* 9 7* 11 9* 1/2 1/2 0* 0* 1/2 25 0 -- 4-story or 48 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 30 0 -- 5-6 story or 75 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 35 12 -- Side abutting street 15 15* 15* 15 15 15 15 15 25 15 -- Rear 1-2 story or 25 feet 25 25 25 25* 25* 10* 0* 15 20 10 -- 3-story or 35 feet 25 25 25 25* 25* 10* 0* 15 20 10 -- 4-story or 48 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 -- 5-6 story or 75 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 -- Open space per dwelling unit 600 400 400 400 400 N/A N/A N/A N/A N/A * ½ = one-half building height + = plus one-half building height *Certain conditions cause these figures to vary *** Section 36-142. Descriptions. *** (d) – Commercial uses *** Retail means a facility where merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate consumer is made. This use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics generally include high parking demand and high off-peak traffic generation; generally prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, and motor fuel stations, and large item retail. Retail, Large Item means a facility where large item merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate customer is made. Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and weekends. The parking demand per square foot of building area is normally less than the demand for general retail. This use includes but is not limited to, furniture stores, carpet stores, large appliance stores; but excludes motor vehicle sales, pawnshops, and retail. *** Section 36-193. C-1 neighborhood commercial district. *** (b) Permitted uses. *** (14) Large item retail. *** Section 36-194. C-2 general commercial district. *** (b) Permitted uses. *** (18) Large item retail under 20,000 square feet. *** (d) Uses permitted by conditional use permit. *** (12) Retail stores and large item retail stores over 20,000 square feet. *** Section 36-243. I-P industrial park district. *** (f) Accessory uses. *** (9) Large item retail sales limited to a maximum of 15% of the gross floor area of the development. *** Section 36-244. I-G general industrial park district. *** (e) Accessory uses. *** (8) Large item retail sales limited to a maximum of 15% of the gross floor area of the development. *** Section 36-361. Off-street parking areas, paved areas, and loading areas. *** (b)(2) General provisions *** j. Location of parking facilities. Required off-street parking in the R-1, R-2 and R-3 districts shall be located within an enclosed building or, if outside, shall be located behind a line created by extending the front building wall of the principal structure to the side lot lines and shall not be located within a side yard abutting a street except as permitted under subsection (b)(3)l. of this section. Parking shall not be permitted on any landscaped area except as permitted under section 36- 162(c)(9). Passenger vehicles can be parked on private driveways in the front yard or side yard abutting a street of single-family or two-family dwelling units provided these vehicles meet the requirements of this section and of this article. Required off-street parking spaces shall be on the same lot as the building housing the principal use, except in the cases of: 1. A religious institution where parking is regulated by subsection (c)(1)c.8. of this section. 2. Condominium developments where off-street parking is designed on a lot or within a garage on a separate parcel but within the same condominium development. *** Section 36-366. Architectural design *** (b)(6)(a)– Classes of materials exterior surface materials (1.) Wood or vinyl siding and prefinished metal are class I and on residential buildings containing four or fewer dwelling units in addition to the other class I materials listed in this subsection. Wood is a class I material on park buildings under 3,000 square feet. *** Sec. 3. The contents of Planning Case File 02-56-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council December 2, 2002 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney SUMMARY ORDINANCE NO._____________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-115, 36-142, 36-361, AND 36-366 This ordinance will add large item retail as a separate land use classification, correct the table of bulk regulations, allow use of certain exterior building materials for park buildings, and correct the location of required parking in the R-1, R-2 and R-3 residential districts. This ordinance shall take effect 15 days after publication. Adopted by the City Council December 4, 2002 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 12, 2002 St. Louis Park City Council Agenda Item: 120202 - 4d - Final Payment to Ron Kassa Page 1 of 1 RESOLUTION NO. 02-131 RESOLUTION ACCEPTING WORK ON FALL RANDOM CURB REPLACEMENT CITY PROJECT NO. 02-07B CONTRACT NO. 131-02 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated October 21, 2002, Ron Kassa Construction, Inc. has satisfactorily completed the Fall Random Curb Replacement as per Contract No. 131- 02. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council December 2, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 120202 - 4e - October Human Rights Commission Minutes Page 1 of 3 City of St. Louis Park Human Rights Commission Meeting Minutes - October 16, 2002 Westwood Room - City Hall Present Commission Members: Matthew Armbrecht, Cassandra Boddy, Colleen Clark, Annie Gaffney, David Oguamanam, Kristi Rudelius-Palmer, and Kristin Siegesmund Staff: Lynn Schwartz, Recording Secretary Guest: Erin Hynes Call to Order Chairperson Kristin Siegesmund called the meeting to order at 7:12 p.m. Then new commissioners were introduced. September Minutes: Because only Kristi Rudelius-Palmer and Kristen Siegesmund were at the September meeting and Rudelius-Palmer had not yet arrived when this item came up, Siegesmund indicated that the September minutes were fine; however, no formal motion was made. October Agenda: Commissioners agreed to follow the originally submitted agenda. Reports Commissioner Reports: Cassandra Boddy reported that the High School’s Human Mosaic group plans to participate in “Mix It Up Day” on November 21. “Mix It Up Day” aims to have individuals mingle with people they wouldn’t typically spend time with and do things in a different way. She also reported that the Human Mosaic group will be attending an October 23 conference with other schools to share ideas on diversity. Kristi Rudelius-Palmer reported that she recently participated in the Indigenous Peoples Workshop in Moorhead. Staff Report: Lynn Schwartz handed out a new commission roster and information on human rights activities conducted by other cities (i.e., Mattson, Illinois coordinates diversity dinners to create venues where citizens of different backgrounds can meet one another; Orlando, Florida offers Spanish classes to its employees; Durham, N. C. sponsors a forum on multi-cultural business). Schwartz also mentioned that Human Rights Commissioners could use the Sun-Sailor’s new “Sun Up/Sun Down” column to highlight good things going on in St. Louis Park. Old Business Student Essay Contest: Kristen Siegesmund gave the new members background on the student essay contest and the commission’s involvement. Historically, very few St. Louis Park students submit essays; however, the commission has not taken steps to significantly promote greater participation. St. Louis Park City Council Agenda Item: 120202 - 4e - October Human Rights Commission Minutes Page 2 of 3 The contest is sponsored by the League of Minnesota Human Rights Commissions and is open to sixth, seventh and eighth grade students. The League decides on the essay question, and this year’s topic is: “Why do we have Human Rights Acts such as the Universal Declaration of Human Rights, the Bill of Rights and the Minnesota Human Rights Act? Are they necessary in the years 2002-2003? State your position and defend it.” The entry deadline is March 31. Members said they felt the questions are difficult for this age group. Nonetheless, they felt the contest was worthwhile for students and could also increase the visibility of the community to the overall community. Members felt the essay could fit into Social Studies and English curriculum. Members talked about providing teachers with curriculum materials or offering condensed versions of the documents referred to in the essay question. After a discussion about whether the Human Rights Commission should buy curriculum materials for schools, members felt it might be best to see which teachers are interested in the project rather than spending City funds for documents that might only be placed on a shelf. Kristi Rudelius-Palmer suggested that the commission purchase human rights books and curriculum materials for the school that has the most students submitting essays. Members agreed that the best way to increase participation would be to ensure that teachers promote or assign the essay. To do this, members felt they need to make personal contact with teachers and principals since mailings alone have not worked. Cassandra Boddy suggested that high school students who participate in Human Mosaic could visit classrooms to promote the contest or visit with each “team” at the Junior High. Kristen Siegesmund suggested targeting specific teachers or making a brief presentation at a teachers’ meeting. Kristi Rudelius-Palmer suggested that members ask for 15 minutes at a staff meeting. She also suggested that commissioners try to find one staff person at each school who could serve as a liaison between the commission and the school so that future materials could be funneled to that person. Annie Gaffney suggested creating a flier to promote the contest and distributing it to schools. Members agreed to make personal presentations to schools, write an announcement about the contest and follow up with additional advertising as needed. Cassandra Boddy and Colleen Clark will meet with teachers at St. Louis Park Junior High and Cedar Manor school. Kristi Rudelius-Palmer will meet with staff at Park Spanish Immersion School. Matthew Armbrecht will meet with staff at Benilde St. Margaret’s School. Annie Gaffney will draft a flier about the contest and bring it to the November commission meeting. Human Rights Award: Kristen Siegesmund provided background on the award to new members. Members then discussed how to promote the award. Members agreed to make the nomination deadline December 10 and present the award in January. Matthew Armbrecht will draft a news release about the contest for publication in the St. Louis Park Sun Sailor. 2002 – 2004 Commissioner Work Plan: New members were asked what attracted them to the Human Rights Commission and what project(s) they might be interested in working on. Colleen Clark said she joined to get more involved and learn more human rights. She said she was interested in working on human rights-oriented art for Park Commons. St. Louis Park City Council Agenda Item: 120202 - 4e - October Human Rights Commission Minutes Page 3 of 3 Annie Gaffney said she has always been interested in human rights/social justice issues. She joined to learn more about these topics and help her decide if this is an area she would like to focus future studies or career choices on. David Oguamanam noted that the Human Rights Commission was not his first choice (Planning was); however, he agreed to the appointment because he is interested in giving back to the community and expanding his knowledge. He indicated that he is interested in pursuing the human rights audit. Matthew Armbrecht is interested in immigration and public interest law. He joined because he wants to contribute to the community. He is also interested in working on the human rights audit. Lynn Schwartz provided some background on Vision St. Louis Park and the outcomes process. She noted that the commission could make an important contribution to the community by conducting an audit and working with the outcomes group. She said that the outcomes project need not be an overwhelming data gathering process. Instead, the commission could work with the Vision St. Louis Park Outcomes group to formulate key quantitative and qualitative indicators that could measure how well St. Louis Park is achieving its diversity goals. Kristi Rudelius-Palmer offered to send Oguamanam and Armbrecht a similar report done in Moorhead as an example. Commissioners then discussed their recent meeting with the City Council and whether their interests mesh with the council’s stated needs. Members were pleased that David Oguamanam and Matthew Armbrecht wish to pursue the audit because they believe this is a council priority. Other members expressed continued interest in public art and using Mobile City Hall as a traveling human rights mobile. Lynn Schwartz cautioned that use of Mobile City Hall was not in the work plan submitted to the City Council and was only mentioned as an aside during the joint Council/Commission meeting. She said the commission should not necessarily translate council interest as a “go ahead” for this project. Mobile City Hall is used extensively for neighborhood meetings and requires the involvement of someone with a special drivers’ license. In addition, painting and stocking the vehicle would be involve a cost that would require council approval. She urged commissioners to discuss whether the benefits would be commensurate with the cost. If the commission seeks to pursue this project, they should be prepared to return to the City Council with a specific proposal that outlines cost, projected benefits, who would drive this vehicle through neighborhoods, and what outcome would they see from this traveling exhibit. She also urged them to look at alternatives such as a displays at the library, city hall and other public buildings. Set Agenda For Next Meeting Members agreed to add the following items to the November agenda: § Human Rights essay contest § Review of Human Rights Award nominees § Continued discussion of work plan Adjournment Moved by Cassandra Boddy and seconded by Annie Gaffney to adjourn. Motion passed unanimously. With no further business, the commission adjourned at 9:08 p.m. Respectfully submitted, Lynn Schwartz, Recording Secretary St. Louis Park City Council Agenda Item: 120202 - 4f - Hwy 100 Pedestrian Bridge, MnDot Agmt Page 1 of 2 4f. Motion to approve resolution authorizing execution of a Limited Use Permit with the Minnesota Department of Transportation for the construction, maintenance and operation of a pedestrian trail over Trunk Highway 100 The Excelsior Boulevard bridge-widening project was identified in the City’s Comprehensive Plan, in response to the anticipated increase in regional traffic volumes, the more intense development planned for the Town Center and Park Commons areas, and the need to improve pedestrian access across the bridge. This desire to facilitate pedestrians is in keeping with the goals of Vision St. Louis Park for a more pedestrian-friendly community. The proposed project would install double left-turn lanes from Excelsior Boulevard to northbound and southbound Highway 100 while still maintaining two through lanes in each direction across the bridge. Just west of the bridge, a right-turn lane from eastbound Excelsior Boulevard to the southbound Highway 100 ramp would also be added. The sidewalk on the north side of the bridge will be widened to 6 feet and an 8-foot wide multi-use trail will be built on the south side, separated from the traffic by a concrete barrier. Currently, there is only a 2 ½- foot walk on the south side and a 5-foot walk on the north side of the bridge. Since the trail is desired by the City but not a required element of the project, the Minnesota Department of Transportation is requiring that the City enter into an agreement, in the form of a limited use permit, to construct, maintain, and operate this trail. The limited use permit allows the non-motorized recreational trail to be placed within Mn/DOT right-of-way subject to certain conditions. Specifically, the City will agree to pay for the construction and maintenance of the trail (including snow plowing & removal), hold harmless and indemnify the State from any liability claims associated with the construction, use or operation of the trail (including any claims resulting from termination of trail user rights), and remove the trail upon 90 days written notice from Mn/DOT. The City Attorney has reviewed the Agreement and is working through some minor changes with MnDoT before he finally approves of its language. Recommendation: Staff recommends approving the attached resolution that authorizes the Mayor and City Manager to execute this permit on behalf on the City. Attachment: Resolution Prepared By: Maria Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 120202 - 4f - Hwy 100 Pedestrian Bridge, MnDot Agmt Page 2 of 2 RESOLUTION NO. 02-132 RESOLUTION AUTHORIZING ENTERING INTO A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A NON-MOTORIZED PEDESTRIAN TRAIL WITHIN THE RIGHT OF WAY OF TRUNK HIGHWAY 100 WHEREAS, the City Council of the City of St. Louis Park desires to construct a pedestrian trail in the right-of-way of Trunk Highway 100 to promote the orderly and safe crossing of the highway; and WHEREAS, the City Council of the City of St. Louis Park has been requested to enter into a Limited Use Permit with the Minnesota Department of Transportation for the construction, maintenance, and operation of said pedestrian trail within the right-of-way of Trunk Highway 100. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the City enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a non-motorized pedestrian trail with the right-of-way of Trunk Highway 100 of the State of Minnesota along County Road 3 (Excelsior Boulevard). The City of St. Louis Park shall construct, operate and maintain said trail in accordance with the terms and conditions of the Limited Use Permit granted by the Minnesota Department of Transportation. BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit. Reviewed for Administration: Adopted by the City Council December 2, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 120202 - 6a - 2003 Budget and Tax Levy Page 1 of 1 6a. Public Hearing on the 2003 Budget and Tax Levy To review the 2003 budget and tax levy Recommended Action: Mayor to close public hearing Background: The purpose of this public hearing is to provide information related to the 2003 budget and property tax levy. There is no action required at this meeting. The meeting is for public input and information. On September 3, 2002, City Council meeting approved the preliminary 2003 budget, HRA levy and property tax levy. The City is proposing to levy the maximum amount allowed under levy limitations. Formal adoption of the 2003 budget, HRA levy, and property tax levy is schedule for December 16, 2002. Recommendation: No formal action is necessary at this meeting. Attachments: 2003 budget document (supplement) Prepared By: Jean D. McGann, Director of Finance Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 120202 - 8a - Refuse Program Changes Page 1 of 4 8a. Recommended program changes for residential solid waste collection. This report considers pursuing the recommended residential solid waste program changes. Recommended Action: Motion to direct staff to prepare contract documents incorporating program changes as outlined in this staff report. Background : Over the past several years staff has been evaluating the Solid Waste Program. This included determining what was important, finding out what is working now and what are the problems, and researching what can be done to improve the program. Staff has discussed with Council program goals and objectives, contractor performance, and possible changes to the program and collection contract. Staff has also conducted a public input process to listen to residents to understand their concerns and measure their acceptance of proposed changes. Listed below is a summary of the recommended changes and related information that was considered in making these recommendations. Solid Waste Program Purpose and Goals When analyzing what were the important program values, the following purpose and goals were identified: Purpose: To provide a solid waste service responsive to citizens’ needs to ensure a vital community. Goals: • High Quality Service • Environmental Stewardship • Cost Effective Services • Effective Communication • Continual Evaluation of Program and Industry Solid Waste Program Areas of Improvement To determine how we were doing, staff worked to identify what problems were occurring and areas in the solid waste program that needed improvement. These areas were identified through a citizen input process and staff analysis. It was determined that the solid waste program needed to show improvement in the following areas: 1. Reduce Litter 2. Reduce Can & Bin Issues 3. Increase Recycling Volume 4. Decrease Refuse Volume 5. Decrease Yard Waste Volume 6. Provide Program Options with Cost Savings Opportunities for Residents 7. Increase High-Density Residential & Commercial Recycling St. Louis Park City Council Agenda Item: 120202 - 8a - Refuse Program Changes Page 2 of 4 8. Improve Service Quality • Improve Customer Service • Decrease Property Damage 9. Increase Public Education Effort Recommended Solid Waste Program Changes To address resident concerns and problems identified by staff, the following program changes were recommended for consideration: • Elimination of one-pass trucks for refuse and recycling collection • Use of carts for refuse • Pay-As-You-Throw refuse collection • User credit for reduced summer yard waste collection • Citywide Clean-Up Day • Development of improved High-density residential & Commercial recycling programs • Increase Public Education Effort Public Input Process The proposed Solid Waste program changes were presented to residents using several different methods to maximize exposure. Methods included: articles in the Park Perspective and Sun Sailor; information on the City’s Web Site and Cable TV; direct contact between residents and staff; conducted two (2) surveys to residents by Decisions Resources Inc.; and staff discussions with residents at an open house at the MRF (Material Recovery Facility), at neighborhood meetings, and at a public information meeting at City Hall. In 2000, Decision Resources Inc. conducted the first 400 resident survey to determine resident satisfaction with solid waste services, assess the adequacy of the program, measure contractor performance, measure customer service performance, and explore resident desire for other program changes. The key findings and implications were as follows: • There was broad and deep support for the City purchasing, at no direct cost to residents, wheeled carts for the disposal of litter and trash • Similarly, there was solid support for a Pay-As-You-Throw program • There was strong support for offering an additional option of a limited level of service at a reduced rate in the yard waste collection program • There was very strong support, and high potential usage levels, for an Annual Clean-Up Day. Between July 17, 2002 and October 28, 2002, 112 people responded to the Park Perspective / Web Site / Cable TV articles describing the proposed program changes. The resident response indicated overwhelming support for the recommended program changes listed above. These results were presented to Council on October 28, 2002. Between September 25, 2002 and October 18, 2002, Decision Resource Inc. conducted a 1,000 residents survey seeking their input regarding the proposed program changes. DRI reported that “Fifty-seven percent responded with complete and codeable surveys; this response rate is unusually high: in fact, it is almost four times higher than the mail-out response norm.” The DRI survey again St. Louis Park City Council Agenda Item: 120202 - 8a - Refuse Program Changes Page 3 of 4 indicated residents overwhelming support for the proposed changes. The report outlining the methodology and results of the survey prepared by DRI was distributed to Council for the October 28th study session. Council also directed staff to work with the multi-family property owners to assist them with improving their recycling efforts. On July 18, 2002 Public Works staff spoke to landlords and managers at the St. Louis Park Area Rental Coalition meeting about providing recycling. An article was included in the August Business Line referencing the ordinance requiring multi-family dwellings to provide recycling for tenants. During the first week of October, a letter and form was mailed to each multi-family dwelling owner or manager asking for information and restating the ordinance requirements. Public Works and Hennepin County staff presently are working together meeting with managers or owners on site to discuss recycling issues and education. In addition, Public Works and Inspections staff are currently working together to obtain information from licensed haulers regarding recycling tonnage collected from multi-family dwellings. A complete summary of the multi-family dwelling related activities was distributed to Council for the October 28, 2002 study session. On November 19, 2002 staff held an open house in the Council Chambers to discuss the proposed changes, to provide solid waste education, and to give the residents an opportunity to meet with Waste Management to discuss problems or concerns with their service. While turnout was low, those attending strongly supported the change. See Attachment “A” for a brief summary of the open house. Conclusion The proposed changes to the solid waste program appear to be widely supported. It is expected that implementation of these changes will create an increase in the quality of our service. It is also possible and likely that these changes require an increase in rates at some point in the future. Five years ago, when the current contract was developed, the focus was on getting the lowest price for the service provided. The focus now is on getting a quality program and service for the residents at a reasonable price. Next Steps: The next steps planned are as follows: • Finalize program changes December 2002 • Development of new contract with program changes December 2002 • Direction on renegotiations of Contract January 2003 • Contract negotiations February – April 2003 • Contract approval May 2003 • Ordinance changes May 2003 • Establish new collection rates June 2003 Attachment : November 19, 2002 Open House Summary Prepared by: Scott Merkley, Public Works Coordinator Through: Mike Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 120202 - 8a - Refuse Program Changes Page 4 of 4 Attachment “A” Program Changes Open House Summary November 19, 2002 On November 19, 2002 staff held an open house in the Council Chambers to discuss the proposed Solid Waste program changes, to provide solid waste education, and to give the residents an opportunity to meet with Waste Management to discuss problems or concerns with their service. The Sun Sailor, the City’s web site, and cable TV were used to provide advanced notice of the meeting. Information displays were setup with handout information available. Staff members were there to answer questions and provide information. Twenty-three (23) residents attended with thirteen (13) providing written comments. The results of the written comments received were as follows: Proposed Changes Yes No Unsure City purchase of carts 12 1 Pay-as-you-throw program 11 1 1 Limits yard waste service at a reduced rate 11 2 Annual clean-up day 13 Other comments from the open house were as follows: • Residents should be responsible for their own cans & lids and the City should do a better job of enforcing the lid requirement. • Seems like the decision for cart purchase is already made and now the only choice now is what size to select. If there is extra garbage with carts and the bags with stickers is used, won’t the bags still be subject to crows and raccoons? How will the carts be paid for? (this comment was mailed in after the meeting). • Promote more composting including organic (food waste). Incorporate recycling symbols and numbers in education material. • Make sure there is an ordinance in place prior to approving carts that requires the carts to be kept out of sight from the street except for the day of pickup. St. Louis Park City Council Agenda Item: 120202 - 8b - Paid Time Off Page 1 of 2 8b. Paid Time Off Policy Paid Time Off Policy as it relates to salary limitations (salary cap). Recommended Action: It is recommended that the City Council adopt the attached resolution revising the City of St. Louis Park Personnel Manual by adding a Paid Time Off Policy. Background: At the November 25th study session the Council discussed the paid time off policy as it related to salary limitations (salary cap). Minnesota Statutes 43A.17 subd. 9 places an upper limit on the amount of compensation that can be provided to employees of political subdivisions of the state. Specifically, compensation may not exceed 95% of the Governor’s current salary. The Governor’s public salary is currently $120,303 with no increase for 2002; 95% of this amount gives us a salary cap of $114,288. Mid year 2002 our City Manager position was granted a waiver of the cap to $116,600. Paid time off Since we are restricted under the MN Statute relating to the salary cap we are not allowed to compensate our employees including the City Manager above the cap. We recommend that any exempt employee who reaches the cap be eligible for paid time off retro active to 1/1/02 as follows: Paid Time Off (PTO) Program Effective 1/1/02, exempt employees, including the City Manager, who reach the salary limit requirements of M.S. 43A.17, Subd. 9, shall receive equivalent hours above the limit in paid leave (PTO). Amount of paid leave (PTO) is determined by the City Council. Paid leave (PTO) is typically accrued on a per pay period basis, although the Council may issue paid leave (PTO) as a lump sum amount of time. Paid leave (PTO) may be used as earned, maintained in a paid leave (PTO) bank or cashed out upon separation of employment. Paid leave (PTO) is separate and not part of the flex leave program. Recommendation: Staff recommends that the City Council adopt the attached resolution, which adds a Paid time off Program to the City of St. Louis Park Personnel Manual. Prepared by: Nancy Gohman, Human Resources Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 120202 - 8b - Paid Time Off Page 2 of 2 RESOLUTION NO. 02-127 RESOLUTION ADDING PAID TIME OFF POLICY TO THE CITY OF ST. LOUIS PARK PERSONNEL MANUAL WHEREAS, The City Council wishes to adopt policies which ensure adequate compensation, leave and benefits for city employees and which protect the ethical standards of the City of St. Louis Park; 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 following policy to be added to the personnel manual: Paid Time Off (PTO) Program Effective 1/1/02, exempt employees including the city manager, who reach the salary limit requirements of M.S. 43A.17, Subd. 9, shall receive equivalent hours above the limit in paid leave (PTO). Amount of paid leave (PTO) is determined by the City Council. Paid leave (PTO) is typically accrued on a per pay period basis, although the Council may issue paid leave (PTO) as a lump sum amount of time. Paid leave (PTO) may be used as earned, maintained in a paid leave (PTO) bank or cashed out upon separation of employment. Paid leave (PTO) is separate and not part of the flex leave program. Reviewed for Administration: Adopted by the City Council December 2, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 120202 - 8c - 2003 pay increases Page 1 of 5 8c. 2003 General Pay Increase Non-Union Employee compensation, Paid-On-Call Firefighter Performance Program and the City Manager’s Contract Recommended Action: It is recommended that the City Council adopt the attached resolution confirming a general increase for non-union employees, increasing performance program pay for Paid-on-call Firefighters, and adjusting compensation for the City Manager. Non-Union Employee Compensation: Our compensation plan, which was adopted in 1997, allows the City Manager to approve the standard adjustment by considering market data for public sector positions, and general financial conditions of the City. Upon review of market data and recent contract settlements for 2003, the City Manager has approved a standard wage adjustment of 3% for 2003. Funds to apply the standard adjustment in accordance with our compensation plan are included in the proposed 2003 budget. Paid-On-Call Firefighter Performance Program Our Paid-On-Call Firefighter performance program system was established in 1996. The performance program system was designed for our Paid-On-Call Firefighters to be competitive with our volunteer neighbors, and to avoid creation of a Fire Department Relief Association. The performance program is reviewed annually. For 2003, we recommend a 3% increase to the performance program plan for our Paid-On-Call Firefighters as shown below: Performance Program Paid-On-Call Firefighters For 0-23 months of service, POC Firefighters receive a monthly amount. After 23 months, POC Firefighters receive an annual amount. 2002 Proposed 2003 0-23 months 114/month 117/month 2years 1480/year 1524/year 3 1594/year 1642/year 4 1708/year 1759/year 5 1822/year 1877/year 6 1935/year 1993/year 7 2049/year 2110/year 8 2163/year 2228/year 9 2277/year 2345/year 10 2391/year 2463/year 11 2505/year 2580/year St. Louis Park City Council Agenda Item: 120202 - 8c - 2003 pay increases Page 2 of 5 12 2619/year 2698/year 13 2732/year 2814/year 14 2846/year 2931/year 15 2960/year 3049/year 16 3074/year 3166/year 17 3188/year 3284/year 18 3302/year 3401/year 19 3416/year 3518/year 20 3529/year 3635/year City Manager’s Contract The City Manager’s contract is separate from the Compensation Plan; therefore, the Council must take action to approve an increase. Waiver request background information: In 2002, we requested a waiver of the salary cap for our City Manager through the MN Department of Employee Relations (DOER). Our waiver request was for a compensation limit of $131,389 for 2002 based on national market data. Mayor Jeff Jacobs and I testified before the Subcommittee on Employee Relations (SER), who advised DOER to set a salary limit maximum of $130,000. DOER must take into consideration and evaluate our request as well as the SER recommendation. The Commissioner of DOER makes the final determination on the waiver to the cap. Unfortunately, DOER approved a waiver effective 6/26/02 only to $116,600 (approximately 2% over the $114,288 cap, which calculated to 1% for the whole year). The cap continues to be in place in 2003 and will cause continued loss of pay for our Chief Executive position. City Manager salary summary 2003: For January 1, 2003, our compensation consultant has recommended setting the maximum salary range for the City Manager at $125,412 not including car allowance (see 2002 below for details on car allowance as it relates to the cap). Since our City Manager has worked for the city for more than 9 years, it seems reasonable for the Council to set the 2003 salary at this maximum (not including car allowance). With the salary limitations, we would need to continue the salary limit of $116,600. 2002: For January 1, 2002, the salary range for City Manager was approved with a maximum pay range of $121,052. His 2002 compensation was set at $117,940 and continued with a $750/mo. car allowance per contract ($339/mo. of this car allowance must also be considered as compensation based on the statute since it is non business use, $411/mo. in car allowance has been excluded from salary cap limits since it is considered business use). With the salary cap limited to $116,600 for our city, we needed to cut back compensation for the City Manager mid year 2002 to comply with the cap. Paid leave (PTO) for City Manager: For 2002 and 2003 it is recommended that the City Manger receive paid leave (PTO) in equivalent hours above the salary limit. Paid leave (PTO) for 2002 will be 129 hours and for 2003 will be 251 hours. Paid leave (PTO) for 2003 will accrue on a per pay period basis starting 1/1/03, and may be used as earned. St. Louis Park City Council Agenda Item: 120202 - 8c - 2003 pay increases Page 3 of 5 Financial Consideration: Funds for the standard adjustment of 3% for non-union employees which will be applied according to our compensation plan and funds for PTO are included in the 2003 proposed budget. The Fire Department budget for 2003 will be able to support the increase to the performance program for Paid-On-Call Firefighters. Recommendation: We ask Council to confirm the 3% standard adjustment for year 2003 salaries. We also ask the Council to approve a 3% increase for Paid-On-Call Firefighter performance program. Finally, as a part of this request, to approve the increase for the City Manager. Attachments: Resolution Prepared by: Nancy Gohman, Human Resources Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 120202 - 8c - 2003 pay increases Page 4 of 5 RESOLUTION NO. 02-128 A RESOLUTION CONFIRMING A GENERAL INCREASE FOR NON-UNION EMPLOYEES; INCREASING PERFORMANCE PROGRAM PAY FOR PAID-ON-CALL FIREFIGHTERS AND ADJUSTING PAY RANGE AND BENEFITS FOR CITY MANAGER. WHEREAS, the City Council established and approved, by Resolution, the Position Classification and Compensation Plan for the City of St. Louis Park, and WHEREAS, Section VIII-C of such Plan directs the City Manager to approve the standard adjustment to the Plan; THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that: A. The Council confirms the City Manager’s decision to implement a standard adjustment of 3% for non-union employees effective January 1, 2003 in accordance with the Position Classification and Compensation Plan. B. The Council approves a 3% increase in the Paid-On-Call Firefighters performance program effective 1/1/03: 2003 0-23 mos. 117/month 2 1524/year 3 1642/year 4 1759/year 5 1877/year 6 1993/year 7 2110/year 8 2228/year 9 2345/year 10 2463/year 11 2580/year 12 2698/year 13 2814/year 14 2931/year 15 3049/year 16 3166/year 17 3284/year 18 3401/year 19 3518/year 20 3635/year St. Louis Park City Council Agenda Item: 120202 - 8c - 2003 pay increases Page 5 of 5 C. Effective 1/1/03, Council approves a salary of $125,412 for the City Manager, not including car allowance. Salary application must comply with the salary limitations set by statute therefore, the City Manager shall receive paid leave (PTO) in the equivalent hours above the salary limit. Paid leave (PTO) for the year 2003 will be 251 hours which accrue on a per pay period basis starting 1/1/03, and may be used as earned. For 2002, the Council confirmed a salary for the City Manager of $117,940, not including a car allowance. The salary for 2002 needed to comply with the salary limitations set by statute. The City must comply with salary limitations therefore, the City Manger shall receive a total of 129 hours of paid leave (PTO) for 2002. Reviewed for Administration: Adopted by the City Council December , 2002 City Manager Mayor Attest: City Clerk