HomeMy WebLinkAbout2019/05/20 - ADMIN - Agenda Packets - City Council - RegularAGENDA
MAY 20, 2019
7:30 p.m. CITY COUNCIL MEETING – Council chambers
1.Call to order
1a. Pledge of allegiance
1b. Roll call
2. Presentations
2a. Recognition of 2018 police officer of the year and award of valor recipients
2b. Proclamation honoring Betty Engebretson and declaring “Betty Engebretson Day”
2c. Honoring James Gainsley for 40 years of service to the City of St. Louis Park and BOZA
3.Approval of minutes
3a. LBAE minutes April 22, 2019
4.Approval of agenda and items on consent calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
The items for the Consent Calendar are listed on the last page of the Agenda.
Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent
Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove
items from the agenda, or move items from Consent Calendar to regular agenda for discussion.)
5.Boards and commissions
5a. Appointment of citizen representatives to boards and commissions
Recommended action: Motion to appoint citizen representatives to the boards and
commissions as listed in exhibit A.
6.Public hearings
6a. Annual Storm Water Pollution Prevention Program public meeting
Recommended action: None at this time. This agenda item serves to meet the city’s
Municipal Separate Storm Sewer System (MS4) permit and Storm Water Pollution Prevention
Program (SWPPP) requirements. After a staff presentation the Mayor is asked to open up the
meeting for public comment.
7.Requests, petitions, and communications from the public -- None
8.Resolutions, ordinances, motions and discussion items
8a. First reading of ordinance related to zero waste packaging
Recommended action: Motion to approve the first reading of an ordinance amending the
Zero Waste Packaging Ordinance, and to set the second reading for June 17, 2019.
8b. Mixed use zoning district amendment
Recommended action: Motion to approve first reading of an Ordinance amending Division 9.
M-X Mixed Use and additional amendments relating to the MX district to land use, parking
regulations, sign regulations, and architectural design (Sections 36-115, 36-361, 36-362, and
36-366)and set the second reading of Ordinance for June 17, 2019.
Meeting of May 20, 2019
City council agenda
8c. Zoning ordinance amendment regarding home occupations
Recommended action: Motion to approve first reading of an Ordinance amending Chapters
36 of the St. Louis Park Code of Ordinances regarding home occupations, and set the second
reading for June 17, 2019.
9. Communications – None
St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and
replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org,
and saved for video on demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of city hall and
on the text display on civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website.
Meeting of May 20, 2019
City council agenda
Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call
the administration department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting.
Consent calendar
4a. Designate Telemetry & Process Controls, Inc. the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $1,265,955.00 for the 2019 Supervisory
Control and Data Acquisition (SCADA) System Replacement Project No. 5318-5006.
4b. Designate Minger Construction Inc. the lowest responsible bidder and authorize execution of a
contract with the firm in the amount of $2,297,991.30 for the 2019 Historic Walker Lake Phase 1
improvements project no. 4018-1050.
4c. Approve an agreement between the City of St. Louis Park and Xcel Energy for 3-year
subscriptions for all city managed electricity accounts not covered by Renewable-Connect.
4d. Adopt Resolution approving acceptance of a product donation from Jonny Pops (estimated value
of $300) to be used in conjunction with the mock election to be held at the Parktacular Expo on
June 15, 2019.
4e. Adopt Resolution amending Resolution No. 19-006 authorizing the special assessment for the
repair of the sewer service line at 4124 Yosemite Avenue South, St. Louis Park, MN P.I.D. 21-117-
21-31-0091 by correcting the interest rate for the proposed special assessment
4f. Adopt Resolution authorizing a minor amendment to the Knollwood Village special permit to
modify the mall building elevations.
4g. Designate G.L. Contracting, Inc. the lowest responsible bidder and authorize execution of a
contract with the firm in the amount of $379,932.30 for the 2019 Alley Reconstruction Project
No. 4019-1500.
Meeting: City council
Meeting date: May 20, 2019
Presentation: 2a
Executive summary
Title: Proclamation honoring Betty Engebretson and declaring “Betty Engebretson Day”
Recommended action: Mayor to read and present proclamation recognizing Betty Engebretson
Day.
Policy consideration: None
Summary: Betty Engebretson moved to St. Louis Park in 1955 making her a resident of this
community for 68 years. Betty is a special person and neighbor who is loved by many. Betty
Engebretson is being honored and recognized by the community and city council for her 100th
birthday on May 25, 2019.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Proclamation
Prepared by: Maria Carrillo Perez, Management Assistant
Approved by: Tom Harmening, City Manager
Page 2 City council meeting of May 20, 2019 (Item No. 2a)
Title: Proclamation honoring Betty Engebretson and declaring “Betty Engebretson Day”
Proclamation
Declaring “Betty Engebretson Day”
Whereas, Betty Engebretson was born May 25, 1919 to Hans and Rena Engebretson in
Canby, MN. She is the fifth of seven children and is a loving aunt to many nieces and nephews;
and
Whereas, Betty graduated from St. Scholastica in Duluth and received her bachelor’s
degree from the University of Minnesota in library science, and later a masters from the
University of Minnesota in history and English; and
Whereas, Betty worked for 35 years at the main Minneapolis Library and as its
athenaeum the last 25 of those years and retired in 1980; and
Whereas, Betty Engebretson moved to Meadowbrook Apartments in St. Louis Park in
1951 and then moved to the Creekside Neighborhood in 1955 with her two sisters, Mary and
Helen, where she has lived for 64 years making Betty a St. Louis Park resident for a total of 68
years; and
Whereas, Betty was the family “handyman” and later the major caregiver for her two
sisters; and
Whereas, Betty loved planting flowers and trees, mowing the lawn, camping on the North
Shore and Boundary Waters – anything to just be outdoors. Betty is a lifelong daily journalist,
crossword puzzle specialist and voracious reader; and
Whereas, Betty is a special person and neighbor who is loved by many and the St. Louis
Park community wishes her joy and happiness on her 100th birthday on May 25, 2019.
Now therefore be it resolved that the mayor and city council of the City of St. Louis Park,
Minnesota recognize Betty Engebretson and ask all to join us in declaring May 25, 2019 as
“Betty Engebretson Day.”
Wherefore, I set my hand and cause the
Great Seal of the City of St. Louis Park to
be affixed this 20th day of May, 2019.
__________________________________
Jake Spano, Mayor
Meeting: City council
Meeting date: May 20, 2019
Presentation: 2b
Executive summary
Title: Honoring James Gainsley for 40 years of service to the City of St. Louis Park and BOZA
Recommended action: The Mayor and Council are asked to recognize James Gainsley for his 40
years of service on the Board of Zoning Appeals (BOZA).
Background: The City of St. Louis Park highly values citizen involvement in all aspects of city
government and believes it improves the quality and responsiveness of public decision making.
James Gainsley embodied this value and belief by generously giving his time over the course of
40 years of service to the city’s Board of Zoning Appeals.
James’ leadership in this capacity was more than appreciated by the residents, his peers on the
Board and by city leadership and staff. He was routinely looked to for guidance in difficult
situations, which he provided with thoughtfulness and fairness. His dedication and
commitment served as an inspiration to others.
In honor of his service to the City of St. Louis Park over the past 40 years, staff requests that the
City Council posthumously honor Mr. Gainsley and recognize the exceptional contributions he
has made to the community.
James Gainsley died on April 17, 2019. His wife, Renee Gainsley, and daughter, Joan Gainsley,
will attend the meeting to accept the recognition on his behalf.
James Gainsley’s service to the city: He was first appointed to the Board of Zoning Appeals on
January 2, 1979. He was instrumental in drafting the by-laws of the board. He heard
innumerable variance requests and zoning appeals. He also served as the chairman of the board
for most of his 40 years of service.
In addition to his service to the city, notably he served on various committees for Temple Israel
holding leadership positions Treasurer, Chairman of Usher Corps, Chairman of Camp Teko
Committee, Board Member for Temple Israel Memorial Park, Archiving and Men’s Club; and he
was a long-standing member of the Minneapolis Shriners.
Supporting documents: None
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Baron, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting: City council
Meeting date: May 20, 2019
Presentation: 2c
Executive summary
Title: Recognition of 2018 police officer of the year and award of valor recipients
Recommended action: Police Chief Mike Harcey will be in attendance to publicly present
awards to recipients.
Policy consideration: None at this time.
Summary: Since 1989, the St. Louis Park Police Department has presented the Robert Linnell
Officer of the Year award to the officer who has demonstrated consistent principles of integrity,
fairness and a commitment to service within our community. The Officer of the Year is an
example of what a police officer should be or strive to be by demonstrating his/her commitment
to the mission and values of the St. Louis Park Police Department and the City of St. Louis Park.
The award is held in high regard because officers are nominated by their peers. At the police
department annual meeting, officers select the Officer of the Year by voting on the nominations.
On April 10, 2019 department members selected Officer Matthew Blomsness as the 2018 Officer
of the Year recipient.
The department also presented the Award of Valor to Officer Jacob Erickson at the annual
department meeting. The Award of Valor is awarded to a member or citizen who, conscious of
danger, intelligently, and in the furtherance of public safety, distinguishes him or herself by the
outstanding performance of an act of gallantry and valor at imminent personal hazard to life,
above and beyond the call of duty or routine humanity. Sgt. Paul Barnes, Officers Sam
Heffernan, Erin Nordrum, Travas Diersen and Dispatchers Robin Shoen and Tiffany Dyals also
received department commendations for their involvement in the incident.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Discussion
Prepared by: Mike Harcey, Police Chief
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 2c) Page 2
Title: Recognition of 2018 police officer of the year and award of valor recipients
Discussion
Background:
2018 Officer of the Year
On April 10, 2019 department members selected Officer Matthew Blomsness as the 2018
Officer of the Year recipient. In 2018, Officer Blomsness worked as a patrol officer on the A-side
middle watch shift. He is a member of the SWAT team, works as a firearms instructor, and a
patrol training officer. The following is an excerpt from the nomination form for Officer
Blomsness:
•He consistently demonstrates the “principles of integrity, fairness and service to our
community” every day he comes to work. “He does not merely show up, he makes it his
responsibility to share his positive attitude and his work knowledge with others.”
•“Matt is an informal leader that others rely on.” He is described as someone that “makes
himself approachable, which allows others to feel comfortable coming to him for advice.”
•“Matt contributed to the department’s strategic planning process, he attends MAC
meetings and assists with the Citizen’s Academy. Matt took on the added burden of
working numerous acting duty sergeant shifts. He readily took on this added responsibility
and did so with excellence. He is currently participating in the city’s job rotation program
where members of each department look for ways to innovate our work processes.
Outside of our department Matt attends trainings that help him prepare for leaderships
roles.”
•Matt “is an example of what a St. Louis Park Police officer should be. He is someone who
takes his professionalism seriously. He treats everyone with respect. His work product is
an example for others to follow. He strives to learn and improve every day. He involves
himself in many aspects of the department in order to make this a better place to work
and a more professional police department. He takes on many tasks and does them with
excellence and never complains about the things that do not go his way.”
Award of Valor
The department also presented the Award of Valor to Officer Jacob Erickson at the annual
department meeting. Sgt. Paul Barnes, Officers Sam Heffernan, Erin Nordrum, Travas Diersen
and Dispatchers Robin Shoen and Tiffany Dyals also received department commendations for
their involvement in the incident.
The Award of Valor reads as follows: Officers were sent to the 4000-block of Yosemite Ave. at
6:00pm on July 5th, 2018, in response to a reported assault involving a knife. The caller to
Dispatch said he had been attacked by his roommate, who was possibly under the influence of
unknown drugs. Upon arrival, Officer Sam Heffernan assisted the caller in getting out of the
house through a window and got him to safety while Officer Erin Nordrum provided cover and
observed the house from another vantage point. Throughout this process, Dispatchers Robin
Shoen and Tiffany Dyals were receiving and relaying essential information to the officers in the
area, along with the allocation of other resources and personnel. At the same time, Officers
Jacob Erickson and Travas Diersen, accompanied by Sergeant Paul Barnes, approached the front
of the house, behind the protection of a ballistic shield, and were joined by Officer Nordrum.
When they reached the entrance, they encountered a man who charged toward the
approaching officers and made repeated stabbing motions with a knife held in one of his hands.
Thinking quickly and acting for the protection of his partners, Officer Erickson used the shield
he was carrying as a defensive weapon and incapacitated the attacker, forcing him back and
City council meeting of May 20, 2019 (Item No. 2c) Page 3
Title: Recognition of 2018 police officer of the year and award of valor recipients
onto the ground so he could be disarmed. Once disarmed and restrained, the man was taken
for medical care and evaluation. The Officers and Sergeant Barnes then searched the rest of the
house for possible injured people, using good coordination and communication. During this
process, Dispatchers Shoen and Dyals continued to pass along essential information to the
many public safety personnel becoming involved. This group of Department members showed
both outstanding teamwork and important individual contributions to the positive outcome.
Sergeant Barnes and team of emergency responders on scene agreed that Officer Erickson’s
bravery and handling of the shield when confronting the knife-wielding man ensured their
safety and prevented a possible use of police deadly force against him.
Meeting: City council
Meeting date: May 20, 2019
Minutes: 3a
Unofficial minutes
Local Board of Appeal & Equalization
St. Louis Park, Minnesota
April 22, 2019
1. Reconvene the St. Louis Park Local Board of Appeal and Equalization
The St. Louis Park Local Board of Appeal and Equalization was reconvened at 6:30 p.m.
2. Roll call – Declaration of Quorum
Board Members present: Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller,
Margaret Rog, and Jake Spano.
Board Members absent: None
Staff present: City Manager (Mr. Harmening), City Assessor (Mr. Bultema), Associate City
Appraiser (Ms. Clarke), Associate City Appraiser (Mr. Jurek), Residential Appraiser (Mr. Hoppe),
Commercial Appraiser (Ms. Nathanson), Hennepin County Administrator (Ms. Hebert),
and Recording Secretary (Ms. Pappas).
3. Acknowledgement of trained members (Miller and Rog)
The Board acknowledged board members Miller and Rog as their trained members.
4. Acknowledgement of assessing staff members in attendance
The Board acknowledged City Assessor Cory Bultema, Lead Residential Appraiser Lisa Clarke,
Residential Appraiser Jessie Jurek, Residential Appraiser Mark Hoppe, Commercial Appraiser
Bridget Nathanson and Hennepin County representative Janene Hebert.
5. Review of properties in appeal
Judith Moore, 1430 Independence Ave S, St. Louis Park, appealed her 2019 assessing
revaluation of $241,800.
Ms. Moore noted the market boom and renovations her neighbors have done over the years.
She cited many examples where neighbors purchased homes, renovated top to bottom, and
then resold for $40,000 to $60,000 more.
Ms. Moore stated she has no problem with these renovated properties; however, also noted
homes around hers that have not been updated in many years, adding she is now bookended
with affordable homes. She is contesting the 17% value increase.
Ms. Clarke noted staff’s inspection and stated the home is well maintained and in average
condition, with various remodels over the years. She stated based on the market value, staff
recommends increasing the valuation to $260,000. The board took the appeal under advisement.
City council meeting of May 20, 2019 (Item No. 3a) Page 2
Title: Local Board of Appeals and Equalization meeting minutes of April 22, 2019
Mr. Bultema noted that Colleen Childers, 4412 44th St. W., was not able to be at the meeting
this evening. Ms. Clarke gave a description of the property, which is situated on the Edina
border, is well maintained and in great condition, with significant remodeling and renovations.
She stated the 2019 appraised value was $598,100, and staff will sustain this value.
Board Member Mavity asked if water damage, an issue noted by the appellant, were factored
into the valuation. Mr. Clarke stated she did not see evidence of water damage. Mr. Bultema
added staff was not aware of an issue with water and if there is water damage, the owner is
asked to provide a photograph to staff so they may take it under consideration. Ms. Clarke also
noted in 2016 a complete water drainage system was installed at the property. The board took
the appeal under advisement.
Eli and Emma Temkin, 2730 Ottawa Ave. S., appealed their 2019 assessing valuation of $533,500.
Ms. Temkin stated they are new to St Louis Park and are supportive of taxation in general. They
wanted high quality services and that is one of the reasons they moved to St. Louis Park.
However, they do want to challenge the fair market evaluation, and noted comparable homes
they researched in their neighborhood.
Mr. Temkin stated their home increased 37% over the past 5 years, which is higher than any
other comparables, while no changes were made to the home during this time. He added their
home looks to have been assessed as an outlier vs. other homes in the area, and the tax burden
should be spread more evenly. He stated they purchased their home for above the asking price at
$521,000, but in comparing to other homes in the area, he believes it is assessed for too much.
Board Member Hallfin stated he does not think the Temkin’s overpaid for their home at the
time of purchase, and that they paid what it was worth two years ago. Mr. Temkin stated he
hopes it will retain its value over time, but added the home prices seem to be increased when
they go up for sale, and the aim of assessment should be to have an even playing field.
Board Member Rog thanked the Temkins for doing a great job on educating themselves and the
board on this, and asked what kind of criteria they used to choose comparable homes. Ms.
Temkin stated they looked at above ground square footage of homes that had sold recently.
Mr. Bultema stated that staff requested inspection after they purchased it as staff surmised per
routine sale review that permits were not pulled correctly for the improvements made to the
home prior to the Temkin’s purchase. When staff did review the property, there was a tax
implication.
Board Member Spano said the Temkins moved into this home in 2017, and asked why they did
not ask for a home valuation in 2018.
Mr. Temkin stated after purchasing the home, they were tagged by the assessor’s office, but
decided not to have the home evaluated since nothing had changed. He added they were
surprised when they saw the large increase, and decided to have the assessor review the home
and to go through the local appeal process.
City council meeting of May 20, 2019 (Item No. 3a) Page 3
Title: Local Board of Appeals and Equalization meeting minutes of April 22, 2019
Mr. Jurek noted staff’s inspection and stated the home is well maintained with extensive
remodeling over the recent timeline. He noted the inspection request following the sale in July
2017 and reviewed the current market sales used in the revaluation. He stated based on the
market value, staff recommends sustaining the valuation at $533,500. The board took the
appeal under advisement.
Joseph Dobrin, 2512 Quentin Ct., appealed his 2019 assessing revaluation of $377,300. He
stated he has concerns that the valuation is less about absolute value and more about relative
value. He presented several comparable townhomes in his complex that are similar and very
dissimilar to his, adding his is very overvalued vs. others. Mr. Dobrin stated he is asking for a fair
valuation, and likes the amenities in St. Louis Park, but added the actual value of his property is
dissimilar to others in the same complex and has been overvalued the last 10 years.
Board Member Mavity asked Mr. Dobrin what he thinks is the appropriate valuation of the
property. Mr. Dobrin stated an assessment of $377,000 suggests the tax base is higher than it
should be.
Ms. Clarke noted staff’s inspection and stated the property is well maintained. She reviewed
the timeline of the purchase (October 2017) and that the review concluded with a
recommendation to sustain the value at $377,300.
Board Member Rog asked staff their opinion of Mr. Dobrin’s valuation. Mr. Bultema stated
staff’s function is accuracy first and equity second. He added the biggest issue is imperfect data
and imperfect comparables. The board took the appeal under advisement.
Qian Li, 4530 Park Commons Dr, #109, appealed his 2019 assessing revaluation of $128,000. He
stated he and his wife have lived in the condo for almost 5 years, and understand the prices do
go up. However, he noted his condo has had no remodels in the last 5 years and it has
depreciated. He indicated several examples of poor condo management, including neighbors
falling on ice, ceiling water leaks, and scratches on floors.
Mr. and Mrs. Li argued about the percentage increase of 22%, adding there is a discrepancy
between this increase and the quality of life in this condo community.
Ms. Clarke noted staff’s inspection and reviewed the property attributes. Her review concluded
with a recommendation to sustain the value at $128,000.
Board Member Mavity noted that units 109, 209, and 309 are all assessed at this same value,
but the surrounding values are assessed much lower and asked why.
Mr. Bultema stated it was related to 1-bedroom vs. 2-bedroom condos being valued differently.
Ms. Clarke added there is a significant change between the 1- and 2-bedroom condo values.
Board Member Mavity stated to the owners that what they seem to be describing is poor
property management, adding she is willing to help them address that issue with the owners.
The board took the appeal under advisement.
City council meeting of May 20, 2019 (Item No. 3a) Page 4
Title: Local Board of Appeals and Equalization meeting minutes of April 22, 2019
Mr. Bultema noted updates on the following properties:
• Virginia Lindow, 4359 Coolidge Ave., is eligible to move on to Hennepin County for
appeal, and no inspection was done by the city.
• Virgil Voeller II, 2809 Joppa Ave. S., does not intend to continue with the appeal.
• Rob Schwartz, 2918 Huntington Ave. S., has had no response back to the city.
5a. Board action – where petitioner & assessing staff are not in agreement
It was moved by Board Member Brausen and seconded by Board Member Mavity
to set the assessment noted below at $255,000:
Judith Moore 1430 Independence Ave S 06-117-21-32-0036
The motion passed 5-2 (Board Members Miller and Hallfin opposed).
5b. Board action – where petitioner & assessing staff are not in agreement
It was moved by Board Member Hallfin and seconded by Board Member Brausen
to sustain the assessments noted below:
Colleen Childers 4412 44th St. W. 07-028-24-34-0038
Eli & Emma Temkin 2730 Ottawa Ave. S. 31-029-24-31-0105
Joseph Dobrin 2512 Quentin Ct. 3 l-029-24-24-0026
Virginia Lindow 4359 Coolidge Ave. 07-028-24-33-0066
Virgil Voeller II 2809 Joppa Ave. S. 3l-029-24-44-0065
Rob Schwartz 2918 Huntington Ave. S. 3 l-029-24-44-0027
The motion passed 7-0.
Qian Li 4530 Park Commons Dr #109 06-028-24-43-0101
The motion passed 6-1 (Board Member Brausen opposed).
5c. Board action – where petitioner & assessing staff are in mutual agreement
The properties in agreement were read into the record:
Phillip Murphy 1841 Hampshire Ave. S. 05-117-21-44-0080
Olsen & Luetschwager 3665 Huntington Ave. S. 06-028-24-44-0048
Benjamin Wheeler 3660 Glenhurst Ave. 06-028-24-44-005 l
Donna & Todd Gause 1300 Independence Ave. S. 06-117-21-32-0012
Thomas &Sheila Letscher 8900 Westmoreland Ln. 06-117-21-34-0012
Arlis & Erwin Grossman 1640 Virginia Ave. S. 06-117-21-44-0052
James Benda 8500 Virginia Cir. S. 07-117-21-13-0055
City council meeting of May 20, 2019 (Item No. 3a) Page 5
Title: Local Board of Appeals and Equalization meeting minutes of April 22, 2019
Rande Garnett 2200 Flag Ave. S. 07-117-21-22-0017
Thomas & Ilene Adam 4233 Toledo Ave. S. 07-028-24-32-0158
Dalton Schmidt 4104 Utica Ave. S. 07-028-24-32-0001
Kenneth Braun 8054 Victoria Way 07-117-21-41-0082
Jason & Katrina Schlude 2535 Aquila Ave. S. 07-117-21-42-0084
Richard Thomson 9344 28th St. W. 07-117-21-33-0050
Candace Huzel 2605 Xylon Ave. S. 07-117-21-42-0013
Paul Beshah 7719 22nd St. W. 08-117-21-22-0022
Kenneth Koehler 2531 Pennsylvania Ave. S. 08-117-21-24-0041
Nolan & Carey Goodman 7931 25th St. W. 08-117-21-32-0030
Susan Boen 2945 Rhode Island Ave. S. 08-117-21-33-0133
Susan Bloyer 2935 Pennsylvania Ave. S. 08-117-21-34-0091
Dale Anderson 2700 Vernon Ave. S. 09-117-21-31-0102
Esakakondo Lohese 2628 Vernon Ave. S. 09-117-21--31-0081
Jennifer Dalquist 2830 Webster Ave. S. 09-l l7-21-34-0043
Douglas Hughes 3204 Colorado Ave. S. 16-117-21-22-0115
Peter Flom 3301 Yosemite Ave. S. 16-117-21-24-0103
Daniel Wesser 3344 Zarthan Ave. S. 16-117-21-24-0185
Keith Lutgen 3418 Yosemite Ave. S. 16-117-21-31-0025
Wade Linkert 3049 Kentucky Ave. S. 17-117-21-12-0059
Nicolle Schneider 3213 Jersey Ave. S. 17-117-21-13-0053
Ryan & Kelsey Conant 3100 Pennsylvania Ave. S. 17-117-21-22-0048
Matthew Eckholm 3135 Texas Ave. S. l7-l l7-21-22-0094
Brigita Petrovic 3675 Independence Ave. S.
18-117-21-33-0164
Brett Hoffman 8624 35th St. W. 18-117-21-42-0080
Cynthia Davies 7409 Edgebrook Dr. 20-117-21-21-0069
Paul Salmela 7121 Excelsior Way 20-117-21-24-0038
Rachel Meyer 4045 Xenwood Ave. S. 21-117-21-24-0132
Anthony Dinicola 6126 42nd St. W. 21-117-21-32-0080
Donna Dahnke 1630-32 Natchez Ave. S. 30-029-24-34-0055
Barbara Ratner Trust 2301 Parklands Rd. 3l-029-24-12-0067
Dorothy Lebakken 2540 Lynn Ave. S. 3l-029-24-13-0074
Paul Lauber & Ellen O'Gara 2643 Vernon Ave. S. 3l-029-24-32-0023
Matthew Johnson 2717 Huntington Ave. S. 3l-029-24-41-0020
Kimberly Schexnayder 2721 Joppa Ave. S. 3l-029-24-41-0048
AnnLebens 2924 France Ave. S. 3l-029-24-44-0009
Louis Goldenberg 2822 France Ave. S. 31-029-24-44-0113 MMP (by representative) 1400 Zarthan Ave. S. 04-117-21-32-0089 36 Park LLC 3601 Park Center Blvd. 06-028-24-33-0019
David A Podany Rev Trust 1700 State Highway 100 3l-029-24-22-0001
It was moved by Board Member Brausen and seconded by Board Member Mavity to
approve the assessments listed in the updated roster sheet for the meeting.
The motion passed 7-0.
City council meeting of May 20, 2019 (Item No. 3a) Page 6
Title: Local Board of Appeals and Equalization meeting minutes of April 22, 2019
6. Instruct assessor to complete record of changes for submittal
7. Instruct assessor to inform petitioners of board action via mail
Petitioners will be informed via mail.
8. Complete the Local Board of Appeal and Equalization Certification Form
9. Adjourn if board business is completed
The meeting adjourned at 8:45 p.m.
______________________________________ ______________________________________
Thom Miller, Local Board of Appeal and
Equalization Chair
Cory Bultema, City Assessor
Meeting: City council
Meeting date: May 20, 2019
Consent agenda item: 4a
Executive summary
Title: Bid Tabulation: 2019 SCADA System Replacement Project (5318-5006)
Recommended action: Motion to designate Telemetry & Process Controls, Inc. the lowest
responsible bidder and authorize execution of a contract with the firm in the amount of
$1,265,955.00 for the 2019 Supervisory Control and Data Acquisition (SCADA) System
Replacement Project No. 5318-5006.
Policy consideration: Does the city council wish to pursue the replacement and upgrade of the
SCADA system to ensure that the city can continue to serve the current and future needs of the
community?
Summary:
A total of two (2) bids were received for this project. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Telemetry & Process Controls, Inc. $1,265,955.00
Integrated Process Solutions $1,494,944.00
Engineer’s Estimate $1,700,000.00
A review of the bids indicates Telemetry & Process Controls, Inc. submitted the lowest bid.
Telemetry & Process Controls, Inc. is a reputable contractor. Staff recommends that a contract
be awarded to the firm in the amount of $1,265,955.00.
Financial or budget considerations: This project is included in the city’s 2019 capital
improvement plan (CIP) and will be paid for using the water utility, sanitary sewer and storm
sewer funds. Additional information on the breakdown of the funding can be found later in this
report.
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Prepared by: Aaron Wiesen, Project Engineer
Reviewed by: Mark Hanson, Public Works Superintendent
Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 4a) Page 2
Title: Bid Tabulation: 2019 SCADA System Replacement Project (5318-5006)
Discussion
Background: Bids were received on May 14, 2019 for the 2019 SCADA System Replacement
Project.
Reliable water systems within a community, whether it's drinking water, wastewater, or
stormwater, are critical to meeting the basic needs of its citizens. Operating and maintaining
each of these complex utility systems relies heavily upon the effective performance of the
Supervisory Control and Data Acquisition (SCADA) system. A SCADA system continuously
monitors these various systems and alerts staff when issues arise before they become a major
problem.
St. Louis Park has identified the need to upgrade its SCADA system. In general, the SCADA
System Replacement project work consists of the removal of existing programmable logic
controllers (PLCs), operator interface terminals (OITs), radios, and the supply and installation of
new PLCs, OITs, Ethernet switches, and other appurtenances for existing control panels located
at three (3) well houses, seven (7) water treatment plants, one (1) elevated water tank, four (4)
storm water lift stations, and sixteen (16) sanitary lift stations. Complete control panel
replacement for one (1) existing storm water lift station and seven (7) existing sanitary lift
stations will be performed. This project will utilize a combination of cellular and fiber
communications to replace the radio communication system. This also includes providing new
supervisory control and data acquisition (SCADA) servers and software, and implementing
several system monitoring redundancies.
An advertisement for bids was published in the St. Louis Park Sun-Sailor on April 25, 2019. In
addition, plans and specifications are noticed on the city website and are made available
electronically via the internet by our vendor QuestCDN.com. Final printed plans were available
for viewing at Construct Connect, Dodge Data, Minnesota Builders Exchange, Blue Book
Building & Construction Network and at City Hall. Eleven (11) contractors/vendors purchased
plan sets.
Funding Details: Staff has analyzed the bids and determined that Telemetry & Process Controls,
Inc. is a qualified contractor that can complete this work. The low bid is within the various funds
identified in the City’s 2019 CIP. Based on the low bid received, cost and funding details are as
follows:
CIP Low Bid
Construction Cost $3,100,000.00 $1,265,955.00
Engineering & Administration (10%) $200,000.00 $ 126,595.50
SCADA contract total $3,300,000.00 $1,392,550.50
Funding Sources
Water Utility $1,100,000.00 $464,183.50
Sanitary Sewer Utility $1,100,000.00 $464,183.50
Stormwater Utility $1,100,000.00 $464,183.50
SCADA contract total $3,300,000.00 $1,392,550.50
City council meeting of May 20, 2019 (Item No. 4a) Page 3
Title: Bid Tabulation: 2019 SCADA System Replacement Project (5318-5006)
Additional SCADA Costs (not included in this contract)
* AE2S Design and Construction Services $307,617.00
** AE2S SCADA Programming Services $470,925.00
*** Fiber/Cellular System $675,000.00
Additional SCADA Total $1,453,542.00
Funding Sources
Water Utility $484,514.00
Sanitary Sewer Utility $484,514.00
Stormwater Utility $484,514.00
Additional SCADA Total $1,453,542.00
Total cost of 2019 SCADA project and additional services $2,846,092.50
*The city currently has a contract with consultant AE2S for SCADA system assessment, SCADA system
replacement design and construction/build phase services. The cost for these services is $307,617.00.
The CIP budget listed here includes this cost.
** The city is expected to enter into a contract with the consultant AE2S for SCADA programming
services which consists of professional programming services for the PLCs, OITs, networking
equipment, SCADA software and computer hardware related to the project. The cost for the
programming services is $470,925. The CIP budget listed here includes this cost.
*** The installation of the fiber/cellular system to connect the SCADA System is being completed
under a separate contract. The cost for the installation and programming of the fiber/cellular
system is $675,000. The CIP budget listed here includes this cost.
Due to the nature of our construction projects, unexpected costs do come up. To address this,
past practice has been to show a 5 percent (5%) contingency for all aspects of the project. The
contingency would be $63,297.25 which would be split evenly in the three funding categories.
What follows is a table that shows this contingency and how this would affect the project costs.
Low Bid Contingency
(5%)
Engineering Total
Water Utility $421,985.00 $21,099.25 $42,198.50 $485,282.75
Sanitary Sewer Utility $421,985.00 $21,099.25 $42,198.50 $485,282.75
Storm Water Utility $421,985.00 $21,099.25 $42,198.50 $485,282.75
Total 1,265,955.00 $63,297.75 $126,595.50 $1,455,848.25
Next steps: The proposed schedule for the project to facilitate construction completion in
2020 is as follows:
2019 SCADA System Replacement Project Schedule
City Council Contract Awarded May 20, 2019
Notice to Proceed Late May 2019
SCADA System Construction/Administration June 2019 - June 2020
Substantial Completion May 2020
SCADA System Training - Final/Review June 2020
Final Completion/Installation Completed June 2020
Meeting: City council
Meeting date: May 20, 2019
Consent agenda item: 4b
Executive summary
Title: Bid Tabulation: 2019 Historic Walker Lake Phase 1
Recommended action: Motion to designate Minger Construction Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of $2,297,991.30 for
the 2019 Historic Walker Lake Phase 1 improvements project no. 4018-1050.
Policy consideration: Does the City Council wish to continue our Pavement Management
Program?
Summary: Historic Walker Lake improvements – bid tabulation:
A total of three (3) bids were received for this project. A summary of the bid results is as
follows:
Contractor Bid Amount
Minger Construction Inc. $2,297,991.30
Thomas and Sons Construction Inc. $2,621,344.13
GMH Asphalt $2,748,041.10
Engineer’s Estimate $1,810,027.50
A review of the bids indicates Minger Construction Inc. submitted the lowest bid. Minger
Construction Inc. is a reputable contractor who successfully completed a number of projects for
the city. Staff recommends that a contract be awarded to Minger Construction Inc. in the
amount of $2,297,991.30.
Financial or budget considerations: This project is included in the City’s Capital Improvement
Plan (CIP) for 2019. Funding will be provided by the following sources: Pavement management
(franchise fees), water utility, storm water utility, sanitary sewer utility, and General Obligation
Bonds. The low bid is higher than the estimate, however, it is recommended to award the bid
as submitted. The businesses will not be assessed for this project. Additional information on the
breakdown of the funding can be found later in this report.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Prepared by: Joseph Shamla, Sr. Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 4b) Page 2
Title: Bid Tabulation: 2019 Historic Walker Lake Phase 1
Discussion
Background: The preliminary layout for Historic Walker Lake was approved at the January 7,
2019 City Council Meeting. On April 1, 2019, the City Council approved the plans and
specifications and ordered the advertisement for bids. Staff opened bids on May 14, 2019 for
this project.
An advertisement for bids was published in the St. Louis Park Sun-Sailor on April 4 and 11, 2019
and also posted with Finance and Commerce. In addition, plans and specifications are noticed on
the city website and are made available electronically via the internet by our vendor
QuestCDN.com.
Email notification was provided to five (5) minority associations and final printed plans were
available for viewing at Dodge Data & Analytics, Construct Connect, and at City Hall.
Thirty-nine (39) contractors/vendors purchased plan sets including four (4) Disadvantaged
Business Enterprises (DBE) and one (1) vet owned.
Project funding: Staff has analyzed the bids and determined that Minger Construction, Inc. is a
qualified contractor that can complete this work during the 2019 construction season. The low
bid does exceed the various funds available in the City’s 2019 CIP. Based on the low bid
received, cost and funding details are as follows:
CIP Low Bid w/eng
Construction Cost $1,715,585.00 $2,297,991.30
Engineering & Administration (15%) $264,545.00 $344,699.70
Project Total $1,980,130.00 $2,642,691.00
Funding Sources
Pavement management $1,044,081.00 $1,306,344.46
Watermain $415,528.00 $527,762.14
Sanitary Sewer $14,691.25
Stormwater Utility $194,333.00 $196,112.95
Sidewalks (GO Bonds) $326,187.00 $566,623.98
Fiber (GO Bonds) $31,155.17
Project Total $1,980,129.00 $2,642,689.95
Due to the nature of our construction projects, unexpected costs do come up. To address this,
past practice has been to show a contingency for all aspects of the project. What follows is a
table that shows this contingency and how this would affect the project costs.
City council meeting of May 20, 2019 (Item No. 4b) Page 3
Title: Bid Tabulation: 2019 Historic Walker Lake Phase 1
Low Bid Contingency
(5%) Engineering Total
Pavement Management $1,135,951.75 $56,797.59 $170,392.76 $1,363,142.04
Watermain $458,923.60 $22,946.18 $170,392.76 $550,708.32
Sanitary Sewer $12,775.00 $638.75 $68,838.54 $15,330.00
Storm Water Utility $170,533.00 $8,526.65 $1,916.25 $204,639.60
Sidewalk (GO Bonds) $492,716.50 $24,635.83 $25,579.95 $591,259.80
Fiber (GO Bonds) $27,091.45 $1,354.57 $73,907.48 $32,509.74
Total $2,297,991.30 $114,899.57 $511,027.74 $2,757,589.50
Bid analysis: Usually there are five to eight bids submitted for a project of this size. This year only
three bids were submitted. In addition the low bid is 27% over the engineer’s estimate. There are
three potential options open to the city when a bid is higher than what is included in the CIP.
These are: reject the bid and rebid for this year, reject the bid and delay the project until a future
year, and award the bid along with CIP adjustments to provide funding.
To prepare our recommendation for award, staff explored these three options and is
recommending that we award the bid and make CIP adjustment to cover funding. We developed
this recommendation after reaching out to contractors and staff in the surrounding cities to
better understand the bidding climate and what other cities were seeing for bid pricing.
Nearby cities are also seeing bids come in higher than estimated. There is a great deal of work
available for bidding, which is driving up costs. In addition to work in other cities, large projects
such as the SWLRT and MnDOT’s I-35W corridor construction projects are tapping the pool of
contractors and subcontractors. This results in many contractors having their schedule booked
and not having available resources to take on additional work. The bid pricing is showing that
demand for work is higher than past years.
Staff does not recommend going back out to bid for this project in 2019, since it is unlikely that
the pricing will change. In addition, a delay of 6 to 8 weeks to rebid will result in the project not
being completed this year.
Finally, the segments of streets and watermain in this project are recommended to be
rehabilitated. Delaying the project to 2020 or later will likely not result in reduced pricing. It is
expected that this bidding climate will not change in the foreseeable future. Delaying this
project will only result in additional deterioration to the infrastructure which may increase the
cost of rehabilitation.
To ensure that the condition of our streets remains good, and that they continue to serve our
community, we recommend that we move ahead with this project in 2019. To accomplish this,
Engineering has reviewed the contract costs with the Chief Financial Officer. To provide
adequate funding for this project the following shifts are recommended to the CIP:
City council meeting of May 20, 2019 (Item No. 4b) Page 4
Title: Bid Tabulation: 2019 Historic Walker Lake Phase 1
Pavement management • Reduce the budget for 2020 CIP projects to offset additional cost.
Watermain • Reduce the budget for 2020 CIP projects to offset additional cost.
Sanitary sewer • Close to CIP budget, no shift necessary due to cost savings on
other projects.
Storm water utility • Delay the bidding on two storm water maintenance projects
until 2020 or 2021.
• Reduce the budget for 2020 CIP projects to offset additional cost.
Sidewalk (GO bonds) • The city received a bond premium on the recent 2019A bond
issue which can be used only for related purposes of the bonds
issued. Since sidewalk projects are related we will use the bond
premium to cover the difference on the sidewalk portion.
During the 10 year CIP update process this year, staff will be carefully reviewing the estimated
cost and scope for our projects. To accommodate future funding, we will be making
adjustments so that they reflect the bid pricing that we experienced for this year’s project.
Next steps: Construction is anticipated to begin in June and should be completed by November
2019.
Meeting: City council
Meeting date: May 20, 2019
Consent agenda item: 4c
Executive summary
Title: Windsource agreement with Xcel Energy
Recommended action: Motion to approve an agreement between the City of St. Louis Park and
Xcel Energy for 3-year subscriptions for all city managed electricity accounts not covered by
Renewable-Connect.
Policy consideration: This action is consistent with the city’s Environmentally Preferred
Purchasing Policy.
Summary: In 2017, the city entered into 5-year agreements with Xcel Energy for the provision
of renewable electricity for four key city buildings: City Hall, Police Department, Fire Stations #1
and #2. This was through Xcel’s first offering through their Renewable-Connect program. In
November 2018 the city signed an MOU with Xcel Energy to enter into a 15-year agreement for
all accounts once the second round of Renewable-Connect was available. The timeline for the
next program offering is now estimated to be late 2020, possibly into the year 2021, pending
the review process required by the Public Utilities Commission.
On April 22, 2019 the Environment & Sustainability Commission requested council subscribe all
remaining city accounts not on the Renewable-Connect program to Windsource in order to
immediately achieve 100% renewable electricity, citing the city’s Environmentally Preferable
Purchasing Policy as a means to move this effort forward sooner than planned, rather than wait
for the 2020-2021 second round program through Renewable-Connect.
•The cost for WindSource subscription for remaining accounts is $98,000 annually, pro-
rated to be for 7 months in 2019 for $57,000.
•Xcel Energy has indicated that the Windsource program is going to be ending as a
program on its own and rolled into the Renewable-Connect program that is being
planned in 2020-21. Attached is the Xcel Energy agreement to enter into a 3-year
commitment to 100% Windsource for all remaining city accounts, including buildings,
park structures, metered streetlights, water pumping stations, etc.
Financial or budget considerations: Estimates show that these costs would be approximately
$98,000 annually. Since this is a 3-year agreement, its total value is such that city council
approval is required. Funds for Windsource were not in the 2019 budget and will come from a
shift in use of 2018 fund balance to cover this expense. The $98,000 for 2020 and 2021 will be
included in upcoming budgets.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Xcel Energy agreement for Windsource
Prepared by: Shannon Pinc, Environment & Sustainability Coordinator
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Agreement for the Purchase of
Voluntary Renewable Energy Service - Windsource
This Windsource Program Subscription Agreement (the “Agreement”) is entered into this 29 day of
April, 2019 (the “Effective Date”) by and between Northern States Power Company, a Minnesota
corporation (“Xcel Energy” or the “Company”) and City of Saint Louis Park (“Customer”) (together,
“Parties”).
1.General terms. The Company intends to provide the Customer with Windsource Program
renewable electric energy subject to the terms and conditions of service as specified in our
Voluntary Renewable and High-Efficiency Energy Program rider in the Company’s Minnesota Electric
Rate Book – MPUC No. 2 (Section 5, Sheet 134 – 134.1). A copy of such rules and regulations is
available from the Company. Windsource program terms and conditions and related rate riders may
change over time upon approval by the Minnesota Public Utilities Commission.
2.Windsource rider and fuel cost credit. Customer agrees that the Windsource Adjustment will be
charged, $3.53 for each 100 kilowatt-hour block of Windsource energy. The monthly Windsource
Adjustment is in addition to the monthly energy charge on the customer’s standard filed tariff rate.
The Fuel Clause Rider outlined under the Company’s tariff MPUC No. 2, Section No. 5, Sheet No. 91,
shall not be applied to electric energy usage for which Customer has subscribed to the Windsource
Program.
3.Renewable energy. The Company agrees to purchase or generate electricity produced from
renewable generation sources in a sufficient amount to meet the electric energy needs required for
the Customer subscription. The Company will retire Windsource renewable energy credits annually
on behalf of the Customer and will not use those credits to meet any other renewable energy
generation mandate.
4.Term and termination. This Agreement shall be effective on the date hereof. The minimum term of
this agreement will be three years. After the minimum term, the Customer will continue to be
subscribed on a month to month basis and may terminate the subscription with 30-day notice.
5.Public Statements. The Customer may make a public statement or statements indicating that the
Customer is purchasing renewable energy from Windsource.
6.Subscription level and premises. Customer agrees to purchase the following quantities of
Windsource renewable energy at the following addresses.
Premise Address City State Account Premise Subscription
3700 MONTEREY DR SAINT LOUIS PARK MN 6041526 303274801 100%
8300 W FRANKLIN AVE SAINT LOUIS PARK MN 6996629 304146603 100%
8300 W FRANKLIN AVE SAINT LOUIS PARK MN 6996629 302183871 100%
7305 OXFORD ST SAINT LOUIS PARK MN 5214748 302883215 100%
3650 BRUNSWICK AVE S SAINT LOUIS PARK MN 6754606 303281532 100%
6411 OXFORD ST SAINT LOUIS PARK MN 6754606 303197357 100%
Voluntary Renewable Energy Service (Windsource) Agreement - MN
City council meeting of May 20, 2019 (Item No. 4c)
Title: Windsource agreement with Xcel Energy Page 2
3301 GORHAM AVE SAINT LOUIS PARK MN 6754606 303244299 100%
3512 LOUISIANA AVE S SAINT LOUIS PARK MN 6754606 303163758 100%
7020 W LAKE ST SAINT LOUIS PARK MN 6754606 303512693 100%
3508 LOUISIANA AVE S SAINT LOUIS PARK MN 6754606 303100393 100%
7130 W LAKE ST SAINT LOUIS PARK MN 6754606 302524354 100%
1600 ZARTHAN AVE S SAINT LOUIS PARK MN 6850215 304613225 100%
3512 RALEIGH AVE SAINT LOUIS PARK MN 6850215 304631966 100%
3500 TEXAS AVE S SAINT LOUIS PARK MN 6850215 304667384 100%
3501 TEXAS AVE S SAINT LOUIS PARK MN 6850215 304667385 100%
3200 TEXAS AVE S SAINT LOUIS PARK MN 6850215 304667386 100%
3217 TEXAS AVE S SAINT LOUIS PARK MN 6850215 304667387 100%
3640 INDEPENDENCE AVE S SAINT LOUIS PARK MN 6850215 304669587 100%
8821 36TH ST W SAINT LOUIS PARK MN 6850215 304669586 100%
8649 36TH ST W SAINT LOUIS PARK MN 6850215 304669585 100%
3544 ZINRAN AVE S SAINT LOUIS PARK MN 6850215 304669584 100%
4640 CEDAR LAKE RD S SAINT LOUIS PARK MN 6850215 304743880 100%
5925 HIGHWAY 7 SAINT LOUIS PARK MN 6850215 304765780 100%
5605 W 36TH ST SAINT LOUIS PARK MN 6850215 304782405 100%
5101 W 36TH ST SAINT LOUIS PARK MN 6850215 303856781 100%
8905 W 36TH ST SAINT LOUIS PARK MN 6850215 303592522 100%
5050 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 302755427 100%
3601 PARK CENTER BLVD SAINT LOUIS PARK MN 6850215 303844383 100%
5300 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 303402993 100%
9015 CEDAR LAKE RD S SAINT LOUIS PARK MN 6850215 303830198 100%
4101 CEDAR LAKE RD S SAINT LOUIS PARK MN 6850215 303529076 100%
5525 W 26TH ST SAINT LOUIS PARK MN 6850215 303870722 100%
2705 LOUISIANA CT S SAINT LOUIS PARK MN 6850215 302192023 100%
8450 CEDAR LAKE RD SAINT LOUIS PARK MN 6850215 303757520 100%
2530 MONTEREY AVE SAINT LOUIS PARK MN 6850215 302745346 100%
3440 W BELT LINE BLVD SAINT LOUIS PARK MN 6850215 303447534 100%
2325 PARKLANDS RD SAINT LOUIS PARK MN 6850215 303049838 100%
4401 PARK GLEN RD SAINT LOUIS PARK MN 6850215 303264979 100%
3156 NEVADA AVE S SAINT LOUIS PARK MN 6850215 303479379 100%
8273 HIGHWAY 7 SAINT LOUIS PARK MN 6850215 302422153 100%
5925 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 302922032 100%
4699 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 303734608 100%
9021 S MINNEHAHA CIR SAINT LOUIS PARK MN 6850215 302849349 100%
8400 MINNETONKA BLVD SAINT LOUIS PARK MN 6850215 304122682 100%
4725 COUNTY ROAD 25 SAINT LOUIS PARK MN 6850215 303290915 100%
3725 WOODDALE AVE S SAINT LOUIS PARK MN 6850215 303449823 100%
8530 W 37TH ST SAINT LOUIS PARK MN 6850215 302261290 100%
6520 CEDAR LAKE RD S SAINT LOUIS PARK MN 6850215 302480640 100%
5400 AUTO CLUB WAY SAINT LOUIS PARK MN 6850215 303095259 100%
6661 WAYZATA BLVD SAINT LOUIS PARK MN 6850215 302278713 100%
2005 LOUISIANA AVE S SAINT LOUIS PARK MN 6850215 302399771 100%
460 FORD RD SAINT LOUIS PARK MN 6850215 303088135 100%
4255 BASSWOOD RD SAINT LOUIS PARK MN 6850215 303818880 100%
3467 BRUNSWICK AVE SAINT LOUIS PARK MN 6850215 303095888 100%
2224 S HILL LN SAINT LOUIS PARK MN 6850215 302792364 100%
1600 PARK PLACE BLVD SAINT LOUIS PARK MN 6850215 302258331 100%
5402 PARKDALE DR S SAINT LOUIS PARK MN 6850215 304195614 100%
City council meeting of May 20, 2019 (Item No. 4c)
Title: Windsource agreement with Xcel Energy Page 3
2301 PARKLANDS RD SAINT LOUIS PARK MN 6850215 303193587 100%
8000 CEDAR LAKE RD S SAINT LOUIS PARK MN 6850215 302525071 100%
6200 LAKE ST W SAINT LOUIS PARK MN 6850215 304053365 100%
7601 WAYZATA BLVD SAINT LOUIS PARK MN 6850215 303075252 100%
3670 GETTYSBURG AVE S SAINT LOUIS PARK MN 6850215 302277696 100%
5900 W LAKE ST SAINT LOUIS PARK MN 6850215 302715001 100%
4121 MINNETONKA BLVD SAINT LOUIS PARK MN 6850215 303689843 100%
2332 FRANCE AVE S SAINT LOUIS PARK MN 6850215 302873079 100%
6505 WAYZATA BLVD SAINT LOUIS PARK MN 6850215 302261851 100%
5235 WAYZATA BLVD SAINT LOUIS PARK MN 6850215 303219014 100%
4100 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 302977832 100%
6500 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 304271257 100%
3960 WOODDALE AVE S SAINT LOUIS PARK MN 6850215 303992820 100%
5300 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 302156552 100%
1670 PARK PLACE BLVD S SAINT LOUIS PARK MN 6850215 302561571 100%
4202 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 303053622 100%
4280 PARK COMMONS DR SAINT LOUIS PARK MN 6850215 302395309 100%
4000 W 25TH ST SAINT LOUIS PARK MN 6850215 303407014 100%
6421 W LAKE ST SAINT LOUIS PARK MN 6850215 304076630 100%
3600 WOODDALE AVE SAINT LOUIS PARK MN 6850215 302757973 100%
7520 CEDAR LAKE RD S SAINT LOUIS PARK MN 6850215 303424719 100%
2139 GLENHURST RD SAINT LOUIS PARK MN 6850215 303443535 100%
3800 LOUISIANA AVE S SAINT LOUIS PARK MN 6850215 302493072 100%
2501 LOUISIANA AVE S SAINT LOUIS PARK MN 6850215 303716827 100%
4650 COUNTY ROAD 25 SAINT LOUIS PARK MN 6850215 304384537 100%
6101 CEDAR LAKE RD S SAINT LOUIS PARK MN 6850215 304458364 100%
3700 LOUISIANA AVE S SAINT LOUIS PARK MN 6850215 304465570 100%
400 FORD RD SAINT LOUIS PARK MN 6850215 304499134 100%
5302 MINNETONKA BLVD SAINT LOUIS PARK MN 6850215 304506049 100%
3580 WOODDALE AVE S SAINT LOUIS PARK MN 6850215 304547159 100%
6800 EXCELSIOR BLVD SAINT LOUIS PARK MN 6850215 304566804 100%
5721 CEDAR LAKE RD SAINT LOUIS PARK MN 6850215 304582876 100%
375 SHELARD PKWY SAINT LOUIS PARK MN 6850215 303898522 100%
9702 SHELARD PKWY SAINT LOUIS PARK MN 6850215 304606689 100%
3001 RALEIGH AVE SAINT LOUIS PARK MN 11819655 304676270 100%
2643 DAKOTA AVE S SAINT LOUIS PARK MN 4787878 304742932 100%
6250 32ND ST W SAINT LOUIS PARK MN 4787878 302357499 100%
4215 W BROOKSIDE AVE SAINT LOUIS PARK MN 4787878 302383146 100%
2643 DAKOTA AVE S SAINT LOUIS PARK MN 4787878 302542683 100%
2500 GEORGIA AVE S SAINT LOUIS PARK MN 4787878 303926500 100%
1601 JERSEY AVE S SAINT LOUIS PARK MN 4787878 303127706 100%
3506 PENNSYLVANIA AVE S SAINT LOUIS PARK MN 4787878 302735073 100%
7325 WALKER ST SAINT LOUIS PARK MN 4787878 302184484 100%
2905 JERSEY AVE S SAINT LOUIS PARK MN 4787878 302958949 100%
3261 GORHAM AVE SAINT LOUIS PARK MN 4787878 303758304 100%
3920 PENNSYLVANIA AVE S SAINT LOUIS PARK MN 4787878 303121645 100%
3110 XYLON AVE S SAINT LOUIS PARK MN 4787878 303832809 100%
3101 RALEIGH AVE SAINT LOUIS PARK MN 4787878 302877991 100%
3750 WOODDALE AVE SAINT LOUIS PARK MN 4787878 303597602 100%
3200 XYLON AVE S SAINT LOUIS PARK MN 4787878 302261257 100%
4421 28TH ST SAINT LOUIS PARK MN 4787878 304172544 100%
City council meeting of May 20, 2019 (Item No. 4c)
Title: Windsource agreement with Xcel Energy Page 4
4900 HIGHWAY 7 SAINT LOUIS PARK MN 4787878 302325461 100%
2701 ZARTHAN AVE S SAINT LOUIS PARK MN 4787878 304218126 100%
3700 MONTEREY DR SAINT LOUIS PARK MN 4787878 302865643 100%
2541 NEVADA AVE S SAINT LOUIS PARK MN 4787878 302514875 100%
4525 MORNINGSIDE RD SAINT LOUIS PARK MN 4787878 303926501 100%
3400 LOUISIANA AVE SAINT LOUIS PARK MN 4787878 303119577 100%
2200 LOUISIANA AVE S SAINT LOUIS PARK MN 4787878 303709923 100%
3110 XYLON AVE S SAINT LOUIS PARK MN 4787878 302196419 100%
6801 W 33RD ST SAINT LOUIS PARK MN 4787878 302190371 100%
6210 W 37TH ST SAINT LOUIS PARK MN 4787878 303068529 100%
3134 ALABAMA AVE S SAINT LOUIS PARK MN 4787878 302649801 100%
2500 DAKOTA AVE S SAINT LOUIS PARK MN 4787878 302900607 100%
2541 NEVADA AVE S SAINT LOUIS PARK MN 4787878 303512909 100%
2900 VERNON AVE S SAINT LOUIS PARK MN 4787878 303713244 100%
3201 RHODE ISLAND AVE S SAINT LOUIS PARK MN 4787878 302308763 100%
3429 XYLON AVE S SAINT LOUIS PARK MN 4787878 304300263 100%
8500 W 31ST ST W SAINT LOUIS PARK MN 4787878 304330473 100%
2936 IDAHO AVE S SAINT LOUIS PARK MN 4425460 302984068 100%
6007 CEDAR LAKE RD S SAINT LOUIS PARK MN 4425460 303873552 100%
5100 PARK GLEN RD SAINT LOUIS PARK MN 4425460 303827384 100%
2547 NEVADA AVE S SAINT LOUIS PARK MN 4425460 303018272 100%
9701 W 16TH ST SAINT LOUIS PARK MN 4425460 303396995 100%
2012 FLAG AVE S SAINT LOUIS PARK MN 4425460 302461613 100%
4701 W 41ST ST SAINT LOUIS PARK MN 4425460 302874481 100%
4241 ZARTHAN AVE S SAINT LOUIS PARK MN 4425460 302668587 100%
8301 W 34TH ST SAINT LOUIS PARK MN 4425460 303240858 100%
8801 W 36TH ST SAINT LOUIS PARK MN 5907436 303219277 100%
3036 GLENHURST AVE SAINT LOUIS PARK MN 5907436 303698499 100%
2839 NEVADA AVE S SAINT LOUIS PARK MN 5907436 303065460 100%
2454 FLAG AVE S SAINT LOUIS PARK MN 5907436 303705996 100%
7700 W 27TH ST SAINT LOUIS PARK MN 5907436 302524828 100%
3039 DAKOTA AVE S SAINT LOUIS PARK MN 5907436 303774594 100%
2020 FLAG AVE S SAINT LOUIS PARK MN 5907436 302615828 100%
3975 MEADOWBROOK RD SAINT LOUIS PARK MN 5907436 303487265 100%
4550 W 36 1/2 ST SAINT LOUIS PARK MN 5907436 303701196 100%
4555 PARK GLEN RD SAINT LOUIS PARK MN 5907436 302947306 100%
3926 EXCELSIOR BLVD SAINT LOUIS PARK MN 5907436 303348374 100%
8602 HIGHWAY 7 SAINT LOUIS PARK MN 5907436 302501252 100%
3351 WEBSTER AVE S SAINT LOUIS PARK MN 5907436 302401949 100%
4215 BROWNDALE AVE SAINT LOUIS PARK MN 5907436 303190346 100%
3720 PARK CENTER BLVD SAINT LOUIS PARK MN 5907436 303005674 100%
6504 EXCELSIOR BLVD SAINT LOUIS PARK MN 5907436 303533331 100%
3151 OREGON AVE S SAINT LOUIS PARK MN 5907436 303106874 100%
2900 HILLSBORO AVE S SAINT LOUIS PARK MN 5907436 303167152 100%
10000 WAYZATA BLVD SAINT LOUIS PARK MN 5907436 302181542 100%
4300 BRUNSWICK AVE S SAINT LOUIS PARK MN 5907436 303670785 100%
3018 RALEIGH AVE SAINT LOUIS PARK MN 5907436 302403634 100%
4602 HIGHWAY 7 SAINT LOUIS PARK MN 5907436 303756040 100%
4360 BROOKSIDE AVE SAINT LOUIS PARK MN 5907436 302445823 100%
1840 PENNSYLVANIA AVE S SAINT LOUIS PARK MN 4937085 303548462 100%
5710 W 16TH ST SAINT LOUIS PARK MN 4937085 303162381 100%
City council meeting of May 20, 2019 (Item No. 4c)
Title: Windsource agreement with Xcel Energy Page 5
2901 FLAG AVE S SAINT LOUIS PARK MN 4937085 302982878 100%
2856 WYOMING AVE S SAINT LOUIS PARK MN 4937085 302826526 100%
3152 OREGON AVE S SAINT LOUIS PARK MN 4937085 303859350 100%
2901 BOONE AVE S SAINT LOUIS PARK MN 4937085 303875013 100%
7221 W LAKE ST SAINT LOUIS PARK MN 141050 304250869 100%
3760 LOUISIANA AVE S SAINT LOUIS PARK MN 141050 304582030 100%
4701 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 304616934 100%
3258 TEXAS AVE S SAINT LOUIS PARK MN 366097 304667383 100%
2939 OTTAWA AVE S SAINT LOUIS PARK MN 366097 302433139 100%
5401 CEDAR LAKE RD S SAINT LOUIS PARK MN 366097 302953203 100%
4503 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 302694980 100%
3013 LOUISIANA AVE S SAINT LOUIS PARK MN 366097 302958109 100%
7210 W FRANKLIN AVE SAINT LOUIS PARK MN 366097 302289865 100%
3605 TEXAS AVE S SAINT LOUIS PARK MN 366097 303116696 100%
1600 ZARTHAN AVE S SAINT LOUIS PARK MN 366097 302556605 100%
3925 PARK CENTER BLVD SAINT LOUIS PARK MN 366097 303393496 100%
5355 WAYZATA BLVD SAINT LOUIS PARK MN 366097 303547292 100%
5433 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 303043701 100%
3007 TEXAS AVE S SAINT LOUIS PARK MN 366097 302586281 100%
4121 MINNETONKA BLVD SAINT LOUIS PARK MN 366097 303092423 100%
8802 W 36TH ST SAINT LOUIS PARK MN 366097 302220111 100%
4055 BROOKSIDE AVE SAINT LOUIS PARK MN 366097 302889523 100%
9460 MINNETONKA BLVD SAINT LOUIS PARK MN 366097 303603628 100%
7112 W 28TH ST SAINT LOUIS PARK MN 366097 302647558 100%
8000 CEDAR LAKE RD S SAINT LOUIS PARK MN 366097 303085911 100%
7925 HIGHWAY 7 SAINT LOUIS PARK MN 366097 303597932 100%
8500 W 37TH ST SAINT LOUIS PARK MN 366097 303486930 100%
5001 W 36TH ST SAINT LOUIS PARK MN 366097 302204822 100%
6327 MINNETONKA BLVD SAINT LOUIS PARK MN 366097 302955769 100%
1301 PARK PLACE BLVD SAINT LOUIS PARK MN 366097 302458135 100%
1600 PARK PLACE BLVD SAINT LOUIS PARK MN 366097 304169720 100%
4640 COUNTY ROAD 25 SAINT LOUIS PARK MN 366097 302920557 100%
4910 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 302286177 100%
5401 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 302725288 100%
6901 OXFORD ST SAINT LOUIS PARK MN 366097 304170717 100%
6502 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 303254435 100%
5062 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 303421883 100%
1700 PARK PLACE BLVD SAINT LOUIS PARK MN 366097 302204945 100%
2500 NEVADA AVE S SAINT LOUIS PARK MN 366097 302580361 100%
2701 LOUISIANA AVE S SAINT LOUIS PARK MN 366097 303205366 100%
4044 COUNTY ROAD 25 SAINT LOUIS PARK MN 366097 302344800 100%
9535 CEDAR LAKE RD S SAINT LOUIS PARK MN 366097 302237742 100%
5401 W 36TH ST SAINT LOUIS PARK MN 366097 302551002 100%
9702 SHELARD PKWY SAINT LOUIS PARK MN 366097 303206649 100%
6800 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 303160502 100%
5615 EXCELSIOR BLVD SAINT LOUIS PARK MN 366097 302323951 100%
5890 CEDAR LAKE RD S SAINT LOUIS PARK MN 366097 302321923 100%
1300 LOUISIANA AVE S SAINT LOUIS PARK MN 366097 302552569 100%
3617 PARK CENTER BLVD SAINT LOUIS PARK MN 366097 304308572 100%
5605 W 36TH ST SAINT LOUIS PARK MN 366097 304501445 100%
3575 WOODDALE AVE S SAINT LOUIS PARK MN 366097 304501453 100%
City council meeting of May 20, 2019 (Item No. 4c)
Title: Windsource agreement with Xcel Energy Page 6
2952 TOLEDO AVE SAINT LOUIS PARK MN 366097 304506018 100%
5431 MINNETONKA BLVD SAINT LOUIS PARK MN 366097 304506033 100%
2967 VERNON AVE S SAINT LOUIS PARK MN 366097 304506034 100%
3600 AQUILA AVE S SAINT LOUIS PARK MN 366097 304528448 100%
2500 GEORGIA AVE S SAINT LOUIS PARK MN 4151944 303913123 100%
For the Customer: City of St Louis Park For Northern States Power, d/b/a Xcel Energy:
_________________________________ __________________________________
Date: ______________ Date: _______________
City council meeting of May 20, 2019 (Item No. 4c)
Title: Windsource agreement with Xcel Energy Page 7
Meeting: City council
Meeting date: May 20, 2019
Consent agenda item: 4d
Executive summary
Title: Accept donation from Jonny Pops
Recommended action: Motion to adopt Resolution approving acceptance of a product donation
from Jonny Pops (estimated value of $300) to be used in conjunction with the mock election to
be held at the Parktacular Expo on June 15, 2019.
Policy consideration: Does the city council wish to accept this gift with restrictions on its use?
Summary: State statute requires the city council’s acceptance of donations. This requirement is
necessary in order to make sure the city council has knowledge of any restrictions place on the
use of each donation prior to it being expended.
The elections team approached local business, JonnyPops, regarding potential collaboration
opportunities associated with elections outreach and education activities in the community.
JonnyPops welcomed the collaboration and graciously donated 600 pops (estimated value of
$300) in support of the city’s mock election being held at the Parktacular Expo on June 15, 2019.
JonnyPops is excited about the opportunity to support this community event and promote civic
engagement. Those voting in the mock election will receive a Jonny Pop (one per person, while
supplies last). The donation is given with the restriction that the Jonny Pops be distributed to
participants of the mock election at the Parktacular Expo. All unused Jonny Pops will be
returned at the end of the event.
Financial or budget considerations: This donation will be used to promote civic engagement
and participation in the mock election at Parktacular.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Resolution
Prepared by: Melissa Kennedy, City Clerk
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 4d) Page 2
Title: Accept donation from Jonny Pops
Resolution No. 19-___
Resolution approving acceptance of a donation of 600 Jonny Pops (estimated
value of $300) for use at the mock election to be held on June 15, 2019 at the
Parktacular Expo
Whereas, the City of St. Louis Park is required by state statute to authorize acceptance
of any donations; and
Whereas, the city council must also ratify any restrictions placed on the donation by the
donor; and
Whereas, JonnyPops donated 600 pops with an estimated value of $300 for use by the
City of St. Louis Park elections team.
Now therefore be it resolved by the City Council of the City of St. Louis Park that the gift
is hereby accepted with thanks to JonnyPops with the understanding that it must be used for
the mock election being conducted by the St. Louis Park elections team at the Parktacular Expo
on June 15, 2019.
Reviewed for administration: Adopted by the City Council May 20, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City council
Meeting date: May 20, 2019
Consent agenda item: 4e
Executive summary
Title: Special assessment – sewer service line repair at 4124 Yosemite Avenue South
Recommended action: Motion to adopt Resolution amending Resolution No. 19-006
authorizing the special assessment for the repair of the sewer service line at 4124 Yosemite
Avenue South, St. Louis Park, MN P.I.D. 21-117-21-31-0091 by correcting the interest rate for
the proposed special assessment
Policy consideration: The proposed action is consistent with policy previously established by
the city council.
Summary: Mackenzie Patrick, owner of the single family residence at 4124 Yosemite Avenue
South, requested the city authorize the repair of the sewer service line for his home and assess
the cost against the property in accordance with the city’s special assessment policy.
On January 7 the city council adopted Resolution 19-006 approving this assessment. However,
the resolution had listed 4.25% as the interest rate on the special assessment, but since the
project was done in 2018 it should have been stated as 4.0%.
Financial or budget considerations: The city has funds in place to finance the cost of this special
assessment.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
January 7, 2019 staff report
Prepared by: Tim Simon, Chief Financial Officer
Reviewed by: Nancy Deno, HR Director/Deputy City Manager
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 4e) Page 2
Title: Special assessment – sewer service line repair at 4124 Yosemite Avenue South
Resolution No. 19-
Resolution amending Resolution No. 19-006 authorizing the special assessment
for the repair of the
sewer service line at 4124 Yosemite Avenue South, St. Louis Park, MN
P.I.D. 21-117-21-31-0091 by correcting the interest rate for the proposed
special assessment
Whereas, the property owner at 4124 Yosemite Avenue South, has petitioned the City
of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the
single family residence located at 4124 Yosemite Avenue South; and
Whereas, the property owner has agreed to waive the right to a public hearing, right of
notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and
Whereas, the City Council of the City of St. Louis Park has received a report from the
Utility Superintendent related to the repair of the sewer service line.
Now therefore be it resolved by the City Council of the City of St. Louis Park, that:
1. The petition from the property owner requesting the approval and special assessment for
the sewer service line repair is hereby accepted.
2. The sewer service line repair that was done in conformance with the plans and
specifications approved by the Operations and Recreation Department and Department of
Inspections is hereby accepted.
3. The total cost for the repair of the sewer service line is accepted at $6,096.00.
4. The property owner has agreed to waive the right to a public hearing, notice and appeal
from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by
other statutes, or by ordinance, City Charter, the constitution, or common law.
5. The property owner has agreed to pay the city for the total cost of the above improvements
through a special assessment over a ten (10) year period at the interest rate of 4.0%.
6. The property owner has executed an agreement with the city and all other documents
necessary to implement the repair of the sewer service line and the special assessment of
all costs associated therewith.
Reviewed for administration: Adopted by the City Council May 20, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City council
Meeting date: May 20, 2019
Consent agenda item: 4f
Executive summary
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
Recommended action: Motion to adopt Resolution authorizing a minor amendment to the
Knollwood Village special permit to modify the mall building elevations.
Policy consideration: Does the proposed building façade meet the requirements of the zoning
ordinance?
Summary: Knollwood Village is the mall located adjacent to the Knollwood Target, and
extending north of the Target store.
The city received an application to amend the special permit for the Knollwood Village Mall.
The proposed amendment is to alter the building elevations for the portion of the mall located
between Five Below (next to Target) and the proposed Aldi store at the north end.
The proposed building elevations are attached. The proposed building elevation changes are
intended to complete the mall update. Updated facades were approved last year for Five Below
and Aldi. The materials and colors are a continuation of those used in the recent Target
remodel, giving the mall a consistent, updated look. Staff finds the proposed building
modifications meet city code.
Financial or budget considerations: None.
Strategic priority consideration: Not applicable.
Supporting documents: Draft resolution
Building elevations
Aerial Photo
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 4f) Page 2
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
Resolution no. 19-____
Amends and Restates Resolution No.18-152
A resolution amending and restating Resolution no. 18-152 adopted on October
1, 2018, and granting minor amendment to existing special permit to modify the
building elevations for property zoned C-2 general commercial at
8906-8950 Highway 7
FINDINGS
Whereas, Gator Knollwood Partners, LTD applied for a minor amendment to an existing
special permit to allow modifications to the building façade located at 8906-8950 Highway 7
within a C-2 General Commercial zoning district having the following legal description:
Lot 2, Block 1, Target Second Addition (Torrens)
Whereas, the City Council has considered the information related to Planning Case Nos.
19-10-CUP and the effect of the proposed building on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on
values of properties in the surrounding area and the effect of the use on the Comprehensive
Plan; and compliance with the intent of the Zoning Ordinance; and
Whereas, an amendment to an existing special permit was issued regarding the subject
property pursuant to Resolution No. 18-152 of the St. Louis Park City Council dated October 1,
2018 which contained conditions applicable to said property; and
Whereas, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that special permit; and
Whereas, the contents of Case Nos. 96-8-CUP, 04-32-CUP, 17-34-CUP, 18-05-SP, 18-48-
CUP and 19-10-CUP are hereby entered into and made part of the public hearing record and the
record of decision for this case.
CONCLUSION
Now therefore be it resolved that Resolution No. 18-152 is hereby restated and
amended by this resolution which continues and amends a special permit to the subject
properties for the purposes of modifying the building exterior of the mall within the C-2
General Commercial District at the location described above based on the following conditions:
1.That the site be developed, used and maintained in accordance with Exhibit A – General
Plan; Exhibit B – Proposed Drainage Plan (as modified by the Planning Department on
November 2, 1971); and Exhibit C – Final Plan Target First Addition, except as said
exhibits may be hereinafter modified by the following conditions or conditions under
City council meeting of May 20, 2019 (Item No. 4f) Page 3
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
the plat of Target First Addition (exhibits are on file in the City Development office at the
City of St. Louis Park.)
2.All new electric, gas, water, sanitary sewer, telephone, and utilities shall be placed
underground.
3.The 44-foot wide private road from Target Road to West 36th Street shall have a poured-
in-place concrete curb at least 6 inches high and said road and curb shall be constructed
at standards acceptable to the City Engineer. Said road shall be kept clean and free
from potholes and maintained thereafter.
4.Street trees shall be planted abutting the private road at a spacing of one tree for every
50 feet as shown on Exhibit A, as modified.
5.Additional landscaping in the parking lot and along the pedestrian way shall be provided
as shown on Exhibit A, as modified. The private road from West 26th Street to Target
Road shall have decorative on-street lighting to provide 1.5 foot candles at the street
level, or equal to or greater than the level of lighting in the parking lots if said lighting
exceeds 1.5 foot candles.
6.A pedestrian walk shall be provided along the west side of Lot 4 from the proposed bus
plaza to West 36th Street.
7.The pedestrian network shall be improved with landscaping as shown on Exhibit A, as
modified.
8.Signs shall be limited to nameplate signs, symbols, logos and architectural features that
identify a particular service or goods provided on that site. All signs shall meet the
following conditions:
a.No advertising or business signs shall be located within 25 feet of the private
road.
b.Billboards are hereby prohibited.
c.All new signs are to be integrated with the building unless a need for a free-
standing sign is documented in which case there shall be no more than one free-
standing sign which does not exceed 80 square feet in area and 25 feet in height
per lot.
d.Business signs not attached to the buildings shall be architecturally treated and
coordinated with the principal building by use of compatible materials and
design.
e.Lighting for signs shall be interior or indirect so that light rays are not directly
visible beyond the lot lines.
City council meeting of May 20, 2019 (Item No. 4f) Page 4
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
9. All new buildings and remodeling of either existing or new buildings shall be compatible
and complimentary to the highest standard of building located between West 36th
Street, Aquila Avenue, the Burlington Northern Railroad right-of-way and Highway 7.
Elements of compatibility include but are not limited to: Building form and mass,
exterior materials and their appearance and durability, landscaping, exterior lighting,
and site development.
10. Development on vacant lots requires a special permit and the filing of an application
under provisions provided in the Ordinance. All such proposals must be compatible
with the overall plan.
11. All of the improvements shall be in accordance with the following schedule:
a. The private road including the curbing, surfacing, landscaping and tree planting
adjacent thereto shall be completed by July 1, 1973.
b. Construction of a major pedestrian walk and landscaping adjacent thereto
between Target Road and Target Department Store and from the Target
Department Store to the north end of the Target Department Store parking lot
shall be completed by July 1, 1973.
c. Landscaping and planting in the Target lot as shown on Exhibit A as modified,
shall be completed by July 1, 1973.
d. Street lighting along the private road shall be completed by September 1, 1973.
12. The City shall be given an easement over the private road and to the public park along
the utility easement which parallels the south line of Lot 4.
13. All access to public roads and to the lots as contained in the plat shall be as shown on
the general plan, unless modifications to the general plan are approved.
14. In compliance with provisions of the Subdivision Ordinance and the Commercial
Development Unit, the subdivider and applicant shall enter into a contract with the City
covering the necessary improvements as contained in the special permit and the final
plat.
15. That Lot 4, Target First Addition be developed for a four-story office building and six-
stall drive-in bank facility with the following conditions:
a. The site shall be developed, used and maintained in accordance with Exhibit D –
Site Plan; Exhibit E- Grading Plan; Exhibit F – Landscape Plan; and Exhibit G –
Elevation Plan; except as hereinafter modified by the following conditions:
b. The total changeable floor area of the office building for parking shall not exceed
46,600 square feet.
City council meeting of May 20, 2019 (Item No. 4f) Page 5
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
c.The lot shall be graded so as to meet the grades of existing park land with a slope
of no more than 2 to 1 or the transition between the surfaced area and the park
area shall be accomplished by a decorative terrace, with said plans subject to the
approval of the City prior to construction.
d.Pedestrian walkway, street lighting, street trees and planting of the parking
islands shall be accomplished as provided in the overall general plan and as
shown on Exhibit F, as modified by the Planning Department on November 2,
1971.
e.All improvements as shown on the Exhibits D, E, F, and G, as modified including
surfacing, striping, tree planting, landscaping, pedestrian walkway, lighting,
plaza, and the like shall be completed by July 1, 1973.
16.The site shall be modified, developed, used and maintained in accordance with Exhibit H
–Site and Parking Plan, dated August 9, 1976; Exhibit I – Landscaping Plan dated August
9, 1976; Exhibit J – Grading Plan dated August 9, 1976; Exhibit K – Utility Plan dated
August 9, 1976; Exhibit L – Elevation Plan dated August 9, 1976; as modified by the
Planning Department August 13, 1976.
17.That new utility and pedestrian easements be provided as identified on Exhibit H, and
that the pedestrian way be constructed within 12 months after completion of the
installation of utilities in the easement or within 12 months after notification by the City
that said utilities will not be placed, and said construction of the pedestrian way shall
commence.
18.Sign area shall be constructed, designed and maintained in accordance with Exhibits H
and L, provided the total sign area of Lots 1, 2, 3, and 4 shall not exceed 2,557 square
feet, the maximum allowed under the Zoning Ordinance.
19.That the garden store attached to the south side of Target be improved by elimination
of the cyclone fencing and replaced with decorative treatment before July 1, 1977, and
said garden store shall not be used for warehousing nor shall it be used for storage of
goods not sold directly from the garden store.
20.That all building improvements and landscaping included on the plans be completed by
July 1, 1977, except as otherwise noted above.
21.All fire hydrants on the site shall be in conformance with City standards or modified to
meet City standards.
22.A siamese hydrant connection shall be installed on the east side of the proposed grocery
store for Fire Department access to the sprinkler system.
23.There shall be no on-sale liquor or off-sale liquor uses or licenses allowed on the
premises or property.
City council meeting of May 20, 2019 (Item No. 4f) Page 6
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
24.The site shall be modified, developed, used and maintained in accordance with Exhibit
M – Site Plan, dated December 8, 1976, and Exhibit N – Elevation Plans, and Final Plat of
Target, Second Addition, and modified as follows:
a.Existing curbed island north of the Target Store loading area shall be retained.
b.The periphery of the site along parking areas, loading areas and driveways shall
be curbed.
c.Curbed and landscaped islands shall be provided at the ends of the parking bays
along the roadway located between the Applebaum (Rainbow) store,
miscellaneous shops and the parking lot.
d.Signs shall be constructed, designed and maintained in accordance with Exhibits
H and L, provided the total sign area for Lots 1, 2, 3 and 4 shall not exceed 2,557
square feet, the maximum allowed under the Zoning Ordinance, and there shall
not be more than one free-standing sign per lot, and said free-standing sign shall
not have more than 100 square feet of sign area per side.
25.The refuse compactors shall be painted to be compatible with the building, shall be
closed at all times, and the area shall be maintained in a clean and orderly condition.
26.All building improvements and landscaping included on the plan shall be completed by
October 1, 1977.
27.A Class II restaurant shall be permitted in accordance with Section 14-156(17) of the St.
Louis Park Ordinance Code, subject to the following condition:
a.That the restaurant site shall be constructed and maintained in accordance with
Exhibit M – Restaurant Floor Plan, and Exhibit N – Knollwood Village Master
Rental Plan (Case No. 77-25-SP)
28.Condition No. 24 shall be changed to read “there shall be no on-sale liquor or off-sale
liquor except for on-sale wine allowed on the premises of property.”
29.The Class II Restaurant permitted by Condition No. 28 shall be modified to a Class I
Restaurant and shall be limited to the sale and consumption of wine on the premises in
conjunction with the sale of food.
30.The north entrance to the Knollwood Village Shopping Center is permitted to be revised
in accordance with Exhibit O – Parking Revision, dated May 5, 1978.
31.Signs shall be permitted to be installed in accordance with Exhibit P – Directory Signs,
and Exhibit Q – Tenant Identification Signs.
32.Four temporary outdoor sales may be permitted each calendar year, in which all tenants
of the shopping center may participate; and said sales shall be in compliance with a
City council meeting of May 20, 2019 (Item No. 4f) Page 7
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
license issued to the shopping center in accordance with Ordinance No. 1417 adopted
August 7, 1978.
33.That a 400 square foot addition be allowed for retail use subject to the following
conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit R –
Rental Area Plan; Exhibit S – Floor Plan; and Exhibit T – Elevations
b.No further expansion of retail floor area shall be permitted.
c.All improvements shall be completed by May 30, 1984.
34.That a Class II restaurant be permitted with a changeable floor area for parking
purposes not to exceed 1,450 square feet, subject to the following conditions:
a.All trash and garbage from the restaurants shall be stored in an indoor trash
room.
b.All improvements shall be completed by May 30, 1988.
35.The special permit shall be amended pursuant to Planning Case No. 92-51-SP to permit
construction of a 700 square foot addition to the Rainbow Foods facility subject to the
following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit V
modified as follows, such documents incorporated by reference herein:
1)Deletion of galvanized metal panels as exterior materials.
2)Substitution of stucco on the north wall of the addition painted to match
the existing north wall of the Rainbow Food store and concrete block on
the west and south side of the addition painted to meet the existing west
wall of Rainbow Foods.
3)Deletion of the shed roof and substitution of a flat roof.
b.All improvements shall be completed by September 21, 1993.
36.The continued special permit shall be amended pursuant to Planning Case No. 94-41-
CUP to permit exterior modifications subject to the following conditions:
a.Information necessary to determine compliance with the current zoning
ordinance be submitted prior to issuance of any building permit authorized by
this minor amendment to the continued special permit so that a determination
can be made that the site is being brought into greater or complete compliance
City council meeting of May 20, 2019 (Item No. 4f) Page 8
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
with the current zoning ordinance and with other provisions of this ordinance, to
the extent reasonable and possible.
b.The site shall be developed, used and maintained in accordance with Exhibit W –
Project Elevation, Typical Bay Elevation and Typical Canopy section; such
document incorporated by reference herein.
37.The conditional use permit shall be amended pursuant to Planning Case No. 95-40-CUP
to permit modifications to the parking lot subject to the following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit X –
Mill/Overlay removals, Proposed Improvements, and Proposed Plantings as
modified to meet the following conditions of approval; such documents
incorporated by reference herein.
b.The total number of parking spaces provided for the shopping center shall not be
less than 1,054 except as approved by subsequent amendment to the continued
special permit.
c.Curbed traffic islands shall be provided at the ends of all parking rows.
d.A 3-cable guide rail is approved as an alternative to curbing at the southeast
periphery of the parking lot; a 6-inch poured-in-place concrete curb is required in
all other areas.
e.Landscaping shall comply with the approved 1976 Landscape Plan in areas that
are not being disturbed by the approved parking lot modifications.
f.A revised landscape plan shall be submitted and approved by the Planning
Coordinator prior to commencement of work on the parking lot modifications; a
minimum of 1,350 plant units and an irrigation system, if determined necessary
by City Staff, shall be installed in the modified parking lot area by October 31,
1996.
g.A Letter of Credit or other financial surety as approved by the City Attorney shall
be submitted prior to commencement of work on the parking lot modifications
in an amount equal to 1 ½ times the value of the approved landscaping
requirements.
38.The special permit shall be amended pursuant to Planning Case No. 96-8-CUP to permit
modifications to the building entrance, front drive aisle and parking lot lighting subject
to the following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit Y –
Proposed Improvements, Partial Plan Front Elevation, and Lighting Photometric
as modified to meet the following conditions of approval; such documents
incorporated by reference herein.
City council meeting of May 20, 2019 (Item No. 4f) Page 9
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
b.A revised site plan shall be submitted and approved by the Planning Coordinator
prior to issuance of building permits or commencement of work on the parking
lot modifications; such site plan shall include curbed islands around all light
poles, and the number of parking spaces may be reduced to accommodate the
required islands; the Planning Coordinator shall note the approved number of
parking spaces on the revised site plan.
c.A revised lighting plan shall be submitted and approved by the Zoning
Administrator prior to issuance of building permits or commencement of work
on the parking lot modifications; site lighting shall not exceed a maximum of 1.0
foot-candle at the perimeter of the shopping center property.
d.Parking lot landscaping shall comply with Exhibit X – Proposed Planting, which
was stamped and signed as approved on 9-5-95; however, planting islands shall
be located according to the approved revised site plan. All approved landscaping
shall be installed by October 31, 1996. A Letter of Credit or other financial surety
as approved by the City Attorney shall be submitted prior to commencement of
work on the parking lot modifications in an amount equal to 1-1/2 times the
value of the approved landscaping requirements.
39.The special permit shall be amended on December 6, 2004 to incorporate all of the
preceding conditions and add the following conditions:
a.The site shall be developed, used and maintained in accordance with the
conditions of this resolution, the approved Official Exhibits as modified prior to
signing to meet required conditions of this approval, and City Code; documents
incorporated by reference herein.
b.Prior to any site work, the developer shall meet the following requirements:
1)Final storm water design details must be submitted and approved by the
Public Works Director.
2)Final sidewalk construction specifications must be approved by the Public
Works Director.
3)A copy of the Watershed District permit shall be forwarded to the City.
4)Obtain the required demolition permit, erosion control permits, utility
permits and other permits required by the City, which may impose
additional conditions.
5)Any other necessary permits from other agencies shall be obtained.
6)Sign Assent form and official exhibits.
7)Specifications for tree protection and erosion control fencing must be
submitted and approved by the City Forester. Required tree protection
and erosion control fencing must be installed prior to grading activities.
c.Prior to issuance of a building permit, which may impose additional
requirements, the applicant shall:
City council meeting of May 20, 2019 (Item No. 4f) Page 10
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
1)Meet all Public Works Department/Utility requirements as recommended
by staff.
2)The developer shall supply the City with copies of all necessary permits
from other governmental agencies or bodies prior to any site work,
including the Minnehaha Creek Watershed District and MPCA.
3)Building materials samples & colors must be submitted to and approved
by Zoning Administrator.
4)Meet any Fire Department emergency access requirements during
construction.
5)A revised parking and access agreement, as reviewed and approved by
the city attorney, be entered into by Target Corp and Gator Knollwood
Properties (Owners of the Super Target and Knollwood Village Shopping
Center properties). A signed and recorded copy of the agreement shall
be submitted to the zoning administrator.
d.The developer shall comply with the following conditions during construction
1)All City noise ordinances shall be complied with, including that there be
no construction activity between the hours of 10 p.m. and 7 a.m. on
weekdays and 10 p.m. and 9 a.m. on weekends and holidays.
2)Loud equipment shall be kept as far as possible from residences at all
times.
3)The site shall be kept free of dust and debris that could blow onto
neighboring properties.
4)Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
5)The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
e.Prior to issuance of any occupancy permit:
1)Fire lanes shall be in accordance with the signed Official Exhibits.
2)Landscaping and irrigation shall be in accordance with the signed Official
Exhibits and approved irrigation plan except that a temporary C of O can
be issued prior to completion of landscaping and irrigation improvements
provided an irrevocable, automatically renewable letter of credit is
submitted in the amount of 125% of all landscaping and irrigation
improvements.
3)Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors except that
signs shall be approved as part of a sign plan.
4)Prior to receiving a Certificate of Occupancy, as-built drawings of the
relocated public utilities shall be submitted to and approved by the Public
Works Department.
5)The developer shall provide the required number of replacement trees
on site unless off-site trees are approved by the Community
Development Director and Parks and Recreation Director and cash-in-lieu
of trees have been paid.
City council meeting of May 20, 2019 (Item No. 4f) Page 11
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
6)All roof top equipment must be painted to match the color of the roof
top, which is to be an earth tone color as approved by the zoning
administrator.
7)Plans for improving the canoe access to Minnehaha Creek be submitted
to the City Parks & Recreation Department for approval. The cost of the
improvements shall be included in the required letter of credit.
8)An irrevocable agreement, as reviewed and approved by the city
attorney, be entered into between Target Corp. and the current owner of
the apartment building at 3601 Phillips Parkway to allow the planting of
the required bufferyard materials along the shared property line as
illustrated in the approved landscaping plan. A copy of the signed and
recorded document shall be submitted to the Zoning Administrator.
9)Upon approval of the Zoning Administrator, Chief Building Official, and
City Engineer, a certificate of occupancy may be issued prior to
completion of certain site improvements if an automatically renewing
letter of credit in the amount of 125% of all unfinished site improvements
is first submitted to the city.
f.Prior to the installation of any signs, including temporary signs or new sign faces,
a sign plan must be approved by the Zoning Administrator and sign permits must
be obtained.
g.The developer or property owners(s) shall pay an administrative fine of $750 per
violation of any condition of this approval.
40.The building elevations shall be amended as illustrated in Exhibit: Building Elevations
2018 (Attached-Target and Five Below).
a.Assent form and official exhibits must be signed by applicant (or applicant and
owner if applicant is different from owner) prior to issuance of building permit.
41.The building elevations shall be amended as illustrated in Exhibit: Building Elevations
2018 (Attached-Aldi).
a.The following shall be completed prior to issuing a building permit:
1)Assent form and official exhibits must be signed by applicant (or applicant
and owner if applicant is different from owner) prior to issuance of
building permit.
2)The site plan shall be amended to include screening for all trash and
recycling areas.
42.The building elevations shall be amended as illustrated in Exhibit: Building Elevations
2019 – Knollwood Village mall.
a.Assent form and official exhibits must be signed by applicant (or applicant and
owner if applicant is different from owner) prior to issuance of building permit.
In addition to any other remedies, the developer or owner shall pay an administrative fee of
$750 per violation of any condition of this approval.
Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or
structure for which the special permit is granted is removed.
City council meeting of May 20, 2019 (Item No. 4f) Page 12
Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
Reviewed for Administration Adopted by the City Council May 20, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to Form and Execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
Page 13 City council meeting of May 20, 2019 (Item No. 4f) Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
Page 14 City council meeting of May 20, 2019 (Item No. 4f) Title: Knollwood Village Mall minor amendment to special permit - 8950 Hwy 7
Meeting: City council
Meeting date: May 20, 2019
Consent agenda item: 4g
Executive summary
Title: Bid Tabulation: 2019 Alley Reconstruction 4019-1500
Recommended action: Motion to designate G.L. Contracting, Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $379,932.30 for the 2019
Alley Reconstruction Project No. 4019-1500.
Policy consideration: Does the City Council wish to continue to implement our Alley
Reconstruction Program?
Summary: Alley Reconstruction Project Bid Tabulation
A total of two (2) bids were received for this project. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
G.L. Contracting, Inc.$379,932.30
Meyer Contracting $510,784.41
Engineer’s Estimate $487,317.40
A review of the bids indicates G. L. Contracting, Inc. submitted the lowest bid. G. L. Contracting,
Inc. is a reputable contractor who successfully completed the city’s 2017 and 2018 Alley
Reconstruction Projects. Staff recommends that a contract be awarded to the firm in the
amount of $379,932.30.
Financial or budget considerations: This project is included in the City’s Capital Improvement
Plan (CIP) for 2018. Funding will be provided using Pavement Management (franchise fees) and
storm water utility with no assessments to residents. Additional information on the breakdown
of the funding can be found later in this report.
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Prepared by: Phillip Elkin, Project Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 4g) Page 2
Title: Bid Tabulation: 2019 Alley Reconstruction 4019-1500
Discussion
Background: Bids were received on May 6, 2019 for the 2019 Alley Reconstruction Project (4019-
1500). The 2019 construction season will be the third year of a 10 year plan to reconstruct all
gravel and bituminous alleyways to concrete pavement.
This year’s project, will reconstruct four (4) sections of alleys in the Lenox neighborhood that are
currently gravel or bituminous. The alleys serve approximately 97 homes. Improvements to the
alley include grading, storm sewer installation for better drainage, and an 8-inch concrete
pavement.
An advertisement for bids was published in the St. Louis Park Sun-Sailor on April 5, 2019. In
addition, plans and specifications are noticed on the city website and are made available
electronically via the internet by our vendor QuestCDN.com.
Email notification was provided to five (5) minority associations and final printed plans were
available for viewing at Dodge Data & Analytics, Construct Connect, and at City Hall.
Twenty six (26) contractors/vendors purchased plan sets including two (2) Disadvantaged Business
Enterprises (DBE) and one (1) vet owned.
Funding Details: Staff has reviewed the bids and determined that G.L. Contracting, Inc. is the
lowest responsible contractor. Based on the low bid received, cost and funding details are as
follows:
CIP Low Bid
Construction Cost $615,000 $379,932.30
Engineering & Administration $ 93,000 $ 56,991.35
Total $708,000 $436,923.65
Funding Sources
Pavement Management Fund $460,200 $284,000.37
Stormwater Utility $247,800 $152,923.28
Total $708,000 $436,923.65
Due to the nature of our construction projects, unexpected costs do come up. To address this,
past practice has been to show a contingency for all aspects of the project. What follows is a table
that shows this 10% contingency and how this would affect the project costs. Engineering has
reviewed these contingency costs with the Chief Financial Officer. If overruns occur there is
adequate funds to cover these costs.
Low Bid
Contingency
(10%)
Engineering
(15%) Total
Pavement Management $284,000.37 $28,400.04 $42,600.06 $355,000.46
Stormwater Utility $152,923.28 $15,292.33 $22,938.49 $191,154.10
Total $436,923.65 $43,692.37 $65,538.55 $546,154.56
Construction Timeline:
Construction is anticipated to begin in late May and should be completed by October 2019.
Meeting: City council
Meeting date: May 20, 2019
Discussion item: 5a
Executive summary
Title: Appointment of citizen representatives to boards and commissions
Recommended action: Motion to appoint citizen representatives to the boards and
commissions as listed in exhibit A.
Policy consideration: Does the city council wish to appoint the citizen representatives listed in
exhibit A to serve on the boards and commissions listed for the respective terms?
Summary: The city received a great response from individuals interested in serving on a city
board or commission. A total of 57 applications were received for open positions on the
Environment & Sustainability Commission, Housing Authority, Human Rights Commission,
Planning Commission, Police Advisory Commission, Parks and Recreation Advisory Commission,
and Telecommunications Advisory Commission. The city council evaluated all applications that
were submitted and conducted candidate interviews.
Because there are more applicants than positions available, not all candidates will be able to be
appointed to a board or commission at this time. Applications for candidates not selected will
be kept on file for the period of 1 year. Should additional positions become available during
that time period the city council will attempt to fill the open positions from the already
established candidate pool.
Each of the individuals appointed by the city council will receive notification of their
appointment and will participate in an orientation program with their staff liaison prior to the
start of their terms on May 31, 2019.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Exhibit A
Prepared by: Maria Carrillo Perez, Management Assistant
Reviewed by: Nancy Deno, Deputy City Manager
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 5a) Page 2
Title: Appointment of citizen representatives to boards and commissions
Exhibit A
Name Board/Commission Term
Expiration
Abdibashir Ali Environment & Sustainability 5/31/22
Nicole Cuilla Environment & Sustainability 5/31/22
Claire Lukens Environment & Sustainability 5/31/22
William Price Housing Authority 5/31/24
Mohamed Samatar Human Rights Commission 5/31/22
Yvette Baudelaire Human Rights Commission 5/31/22
Virginia Mancini Human Rights Commission 5/31/20
Leah Hollingsworth Parks and Recreation Advisory Commission 5/31/22
Rich Bluma Parks and Recreation Advisory Commission 5/31/22
Lynette Dumalag Planning Commission 5/31/22
Courtney Erwin Planning Commission 5/31/22
Michael Howes Police Advisory Commission 5/31/22
Heather Schepman Police Advisory Commission 5/31/22
Linda Trummer Police Advisory Commission 5/31/22
Mohamed (Malik) Mohamud Telecommunications Advisory Commission 5/31/22
David Dyer Telecommunications Advisory Commission 5/31/22
Abraham Levine Telecommunications Advisory Commission 5/31/22
Meeting: City council
Meeting date: May 20, 2019
Public hearing: 6a
Executive summary
Title: Annual Storm Water Pollution Prevention Program public meeting
Recommended action: None at this time. This agenda item serves to meet the city’s Municipal
Separate Storm Sewer System (MS4) permit and Storm Water Pollution Prevention Program
(SWPPP) requirements. After a staff presentation the Mayor is asked to open up the meeting
for public comment.
Policy consideration: Does the City Council have questions regarding the city’s storm water
pollution prevention program?
Summary: The City of St. Louis Park is permitted by the Minnesota Pollution Control Agency
(MPCA) for the discharge of stormwater from the city’s storm sewer system into waters of the
state, such as Minnehaha Creek. This permit is required based on an amendment to the
Environmental Protection Agency’s (EPA) Clean Water Act (CWA) and the creation of the
National Pollutant Discharge Elimination System (NPDES). St. Louis Park, along with over 200
other Minnesota cities, are permitted as MS4 communities.
As a part of the MS4 permit, the city is required to hold a public meeting in which the public has
an opportunity to review and comment on the city’s SWPPP. These comments are then
recorded and considered for incorporation in the city’s SWPPP. This meeting is held at a regular
City Council meeting to increase awareness of this important initiative. In addition, to increase
exposure and public participation on this topic, staff held an information meeting on May 9.
Five people attended that meeting.
At the meeting staff will provide a summary of stormwater activities conducted in 2018, outline
2019 initiatives, and solicit comments from the public on the operation and management of the
city’s SWPPP.
Financial or budget considerations: Not applicable at this time.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Discussion
2018 SWPPP Stormwater Activity Highlights
2019 SWPPP Stormwater Initiatives
St. Louis Park 2018 Annual Report
Prepared by: Erick Francis, Water Resources Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 6a) Page 2
Title: Annual Storm Water Pollution Prevention Program public meeting
Discussion
Background: The National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) permit establishes conditions for discharging stormwater and other
related discharges into waters of the state. As a part of this permit, the city, as a regulated small
MS4, is required to design their Storm Water Pollution Prevention Program (SWPPP) to:
• Reduce the discharge of pollutants to the “maximum extent practicable” (MEP); and
• Protect water quality; and
• Satisfy the appropriate water quality requirements of the Clean Water Act.
The EPAs Phase II Rule defines a small MS4 stormwater management program as a program
comprising six elements that, when implemented in concert, are expected to result in
significant reductions of pollutants discharged into receiving water bodies. The SWPPP is
broken out into six program elements, termed Minimum Control Measures (MCMs). These are:
MCM 1 Public Education and Outreach
Distributing educational materials and performing outreach to inform citizens about
the impacts polluted stormwater runoff discharges can have on water quality.
MCM 2 Public Participation/Involvement
Providing opportunities for citizens to participate in program development and
implementation, including effectively publicizing public hearings and/or encouraging
citizen representatives on a stormwater management panel.
MCM3 Illicit Discharge Detection and Elimination
Developing and implementing a plan to detect and eliminate illicit discharges to the
storm sewer system (includes developing a system map and informing the
community about hazards associated with illegal discharges and improper disposal of
waste).
MCM 4 Construction Site Runoff Control
Developing, implementing, and enforcing an erosion and sediment control program
for construction activities that disturb 1 or more acres of land (controls could include
silt fences and temporary stormwater detention ponds).
MCM 5 Post-Construction Runoff Control
Developing, implementing, and enforcing a program to address discharges of post-
construction stormwater runoff from new development and redevelopment areas.
Applicable controls could include preventative actions such as protecting sensitive
areas (e.g., wetlands) or the use of structural BMPs.
MCM 6 Pollution Prevention/Good Housekeeping
Developing and implementing a program with the goal of preventing or reducing
pollutant runoff from municipal operations. The program must include municipal
staff training on pollution prevention measures and techniques (e.g., regular street
sweeping, reduction in the use of pesticides or street salt, or frequent catch-basin
cleaning).
In order to implement the MEP standard the city has developed Best Management Practices
(BMPs) for implementation. Each BMP has measurable goals to meet the requirements for each
of the six MCMs.
City council meeting of May 20, 2019 (Item No. 6a) Page 3
Title: Annual Storm Water Pollution Prevention Program public meeting
BMPs are practices, techniques, and measures that prevent or reduce water pollution from
nonpoint sources by using the most effective and practicable means of achieving water quality
goals. BMPs include, but are not limited to, official controls, structural and nonstructural
controls, and operation and maintenance procedures.
Each year, permittees are required to conduct a review of their SWPPP to determine program
compliance, the appropriateness of BMPs, and progress towards achieving the goals identified
in their SWPPP. To document this review we submit an annual report to the MPCA by June 30.
The city’s SWPPP and annual report are located on the city’s stormwater management
webpage.
https://www.stlouispark.org/government/departments-divisions/engineering/storm-water
The information requested by the MPCA in the report is meant to provide the basis for an
assessment of the appropriateness of the BMPs and the progress that has been made toward
achieving the identified goals for each of the MCMs. This assessment is based on results
collected and analyzed from inspection findings and public input received during the reporting
period.
Prior to submitting the annual report, the city is required to provide the public at least one
opportunity to offer input on the adequacy of the SWPPP. It has been past practice to hold this
at a City Council meeting to increase awareness of these important initiatives. To increase
exposure and participation, staff also held an information meeting on May 9. Five people
attended this meeting.
Staff is always continuing to review and refine our process to reduce pollutants from entering
our surface waters and record keeping procedures. One of the initiatives from 2018 was to
complete the update of the city’s existing SWPPP. This was completed in conjunction with the
update of the city’s Comprehensive Surface Water Management Plan (SWMP).
Next steps: The city is committed to continue to lead in environmental stewardship. The
implementation of the SWPPP will set us up to continue to protect and improve the quality of
surface water (i.e. lakes, Minnehaha Creek, and wetlands).
Stormwater Pollution
Prevention Program
2018 Activities
The following outlines the Stormwater Pollution Prevention Program (SWPPP) Minimum
Control Measure (MCM) activities that have been completed in 2018. These MCMs are included
in the Municipal Separate Storm Sewer System (MS4) permit issued by the Minnesota Pollution
Control Agency (MPCA).
MCM-1: Public education and outreach activities
Permit requirement:
Permittees shall develop and implement a public education program and distribute educational
materials that informs the public of the impact stormwater discharges have on water bodies
and that includes actions citizens, businesses, and other local organizations can take to reduce
the discharge of pollutants to stormwater.
Activities completed:
• High-priority stormwater related issue for 2018
o Rainwater Rewards Program
§ Installed 23 rain gardens and 3 trees
• City’s MS4 Program was Program Highlighted by the MPCA, Minnesota Stormwater
News April 2018
• City’s stormwater management practice was highlighted in the MS4 Program Overview
by the MPCA
• Received Blue Star Award for Protecting and Preserving Water Quality
• Distributed other stormwater management related educational materials
o 9 articles in 4 issues in the Park Perspective (circulation of approximately 27,500
residents)
o Stormwater information on city’s website (4,676 clicks)
o Stormwater and environmental education at Westwood Hills Nature Center (36,603)
o Sun Sailor article for the Rainwater Rewards Program (approximately 3,000 people)
o Participate in Clean Water Minnesota Outreach Program
§ 3 posts on social media
o Social media outreach on stormwater management
§ 45 postings
o Annual Rain Barrel sale (sold 156 barrels at a discounted rate for residents)
o Participated in Metro Blooms Resilient Yard Workshop (48 attendees)
o Participated in Metro Blooms Turf Alternative Workshop (56 attendees)
MCM-2: Public involvement and participation
Permit requirement:
Permittees shall implement a public participation/involvement program to solicit public input
on the Storm Water Pollution Prevention Plan (SWPPP).
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 4
Activities completed:
•Held additional public open house on March 15, to receive comments on the city’s
SWPPP activities in 2018 (5 attendees)
•Held City Council meeting presentation on the SWPPP on April 2, to review 2017
activities
MCM-3: Illicit discharge detection and elimination
Permit requirement:
Permittees shall implement and enforce a program to detect and eliminate illicit discharges into
the city’s storm sewer system.
Activities completed:
•Observed 21 illicit discharges and responded with verbal warnings and letters of
warning on illicit discharge
•Identified and monitored areas within the city that have an elevated potential for illicit
stormwater discharges
•Implement comprehensive training program for city field staff
•Distributed illicit discharge detection and elimination social media information
•Developed dumpster ordinance updates in coloration solid waste staff for covering and
leaking dumpsters
MCM-4: Construction site stormwater runoff control
Permit requirement:
Permittees shall implement and enforce a construction site stormwater runoff control program
that reduces pollutants in stormwater runoff related to construction activity.
Activities completed:
•Performed 16 plan reviews on projects greater than one acre
•Performed 23 plan reviews on projects less than one acre
•Issued 35 erosion and sediment control permits
•Performed 52 inspections on 15 projects greater than one acre
•Performed 160 compliance inspections on 52 projects
•Collected damage deposits for permits
o Issued 76 notices of violation for noncompliance, including verbal and written
warnings
MCM-5: Post-construction runoff control
Permit requirement:
Permittees shall implement and enforce a post-construction stormwater management program
that prevents or reduces water pollution after construction activity is completed.
Activities completed:
•Carpenter Park Regional Stormwater Improvement Project
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 5
o Recipient of the Minnesota Erosion Control Association 2018 Environmental
Excellence Award
•Implemented stormwater best management practices as part of the 2018 Pavement
Management Project and Aquila Field Reconstruction, including:
o Underground infiltration chambers
o Biofiltration basins
o SAFL baffle and sump manholes
o Reduction in impervious surfaces (approximately 5%)
•Provided stormwater management plan review for 14 projects greater than one acre
•Provided stormwater management plan review for 11 projects less than one acre
o BMPs included underground treatment facilities, rain gardens, pervious pavement,
biofiltration basins, and future stormwater mitigation
MCM-6: Pollution prevention/good housekeeping for municipal operations
Permit requirement:
Permittees shall develop and implement an operations and maintenance program that prevents
or reduces the discharge of pollutants from permittee owned and operated facilities.
Activities completed:
•Replaced Bass Lake Preserve outlet control structure and install new Bass Lake Park trail
connection
•Maintained stormwater pond at the northeast corner of Bass Lake Preserve
•Completed the city’s Surface Water Management Plan update
•Completed the city’s Stormwater Pollution Prevention Plan update
•Completed the development of citywide stormwater models
•Inspected 28 storm sewer outfalls
•Inspected 33 stormwater ponds
•Swept over 2,043 miles of streets and alleys
o Removed approximately 6,474 cubic yards of material from city streets
•Inspected stockpile and storage areas
•Worked with Operations to evaluate existing policies and practices and to look for areas
to improve process and reduce pollution
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 6
Stormwater Pollution
Prevention Program
2019 Activities
The following outlines the Stormwater Pollution Prevention Program (SWPPP) Minimum
Control Measure (MCM) planned activities for 2019. These MCMs are included in the City of St.
Louis Park’s Municipal Separate Storm Sewer System (MS4) permit issued by the Minnesota
Pollution Control Agency (MPCA).
MCM-1: Public education and outreach activities
Permit requirement:
Permittees shall develop and implement a public education program and distribute educational
materials that informs the public of the impact stormwater discharges have on water bodies
and that includes actions citizens, businesses, and other local organizations can take to reduce
the discharge of pollutants to stormwater. The program shall include the following:
Activities to initiate:
•Select high-priority stormwater related issue
o Rainwater Rewards Program
§Partner with Metro Blooms and Conservation Corps of Minnesota to provide
additional funding and technical assistance for the installation of 30 residential
rain gardens
•Implement Adopt-a-Drain program in collaboration with Clean Water Minnesota
•Continue to promote stormwater pollution prevention throughout the city, including:
o Partner with Clean Water Minnesota Outreach Program
o Park Perspective article
o Social media postings
o Partner with other cities, watershed and/or other organization’s activities and
workshops
o Continue Westwood Hills Nature Center educational programs
MCM-2: Public involvement and participation
Permit requirement:
Permittees shall implement a public participation/involvement program to solicit public input
on the Storm Water Pollution Prevention Plan (SWPPP).
Activities to initiate:
•Hold public open house to receive comments in spring 2020
•Hold annual public meeting to present SWPPP to city council in spring 2020
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 7
MCM-3: Illicit discharge detection and elimination
Permit requirement:
Permittees shall implement and enforce a program to detect and eliminate illicit discharges into
the city’s storm sewer system.
Activities to initiate:
•Continue illicit discharge detection and elimination program
o Continue inspections
o Update mapping
o Provide city field staff training for illicit discharges
o Continue to educate public about illicit discharges
MCM-4: Construction site stormwater runoff control
Permit requirement:
Permittees shall implement and enforce a construction site stormwater runoff control program
that reduces pollutants in stormwater runoff related to construction activity.
Activities to initiate:
•Continue erosion control site plan review, site inspection and enforcement
•Continue to educate city staff and the public about the importance of construction
stormwater management and erosion and sediment control
MCM-5: Post-construction runoff control
Permit requirement:
Permittees shall implement and enforce a post-construction stormwater management program
that prevents or reduces water pollution after construction activity is completed.
Activities to initiate:
•Continue to review plans and work with local watersheds to maintain compliance
MCM-6: Pollution prevention/good housekeeping for municipal operations
Permit requirement:
Permittees shall develop and implement an operations and maintenance program that prevents
or reduces the discharge of pollutants from permittee owned and operated facilities.
Activities to initiate:
•Review future projects and identify potential stormwater best management practices
that would reduce runoff and improve water quality on local street projects
•Continue routine inspections and maintenance practices (i.e. street sweeping, storm
sewer inspection, and maintenance work) in 2019
•Continue the use of Cartegraph and GIS mapping in 2019, to asset with tracking
inspections, findings and recommendations
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 8
MS4 General Contact Information
Full Name:
Title:
Mailing Address:
City:
State:
Zip Code:
Phone:
Email:
Preparer Contact Information (if different from the MS4 General Contact )
Full Name:
Title:
Organization:
Mailing Address:
City:
State:
Zip Code:
Phone:
Email:
MCM 1: Public Education and Outreach
The following questions refer to Part III.D.1. of the Permit.
Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1.a.(1)]
Yes
Q3 If 'Yes' in Q2, what is your stormwater-related issue(s)? Check all that apply.
Total Maximum Daily Loads (TMDLs)
Local businesses
Residential best management practices (BMPs)
Pet waste
Yard waste
Deicing materials
Household chemicals
Construction activities
Post-construction activities
X Other
If 'Other ,'
describe:
Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part III.D.1.a.(2)]
Yes
Q5
Yes
The city has a grant program, the Rainwater Rewards Program, that provides home owners technical resources and funding for the
implementation of stormwater on their properties.
Erick Francis
Water Resources Manager
5005 Minnetonka Blvd
St. Louis Park
Minnesota
55416
9529242690
efrancis@stlouispark.org
Do you have an implementation plan as required by the Permit? [Part III.D.1.b.]
MS4 Annual Report for 2018
Reporting period: January 1, 2018 to December 31, 2018
Due: June 30, 2019
Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) between January 1, 2018 and December 31, 2018.
MPCA staff may also contact you for additional information.
Questions: Contact Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880)
St. Louis Park
Minnesota
55416
9529242690
efrancis@stlouispark.org
Erick Francis
Water Resources Manager
City of St. Louis Park
5005 Minnetonka Blvd
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 9
Q6 How did you distribute educational materials or equivalent outreach? [Part III.D.1.a.] Check all that apply in the table below.
Q7 For the items checked in Q6 below, who is the intended audience? Check all that apply in the table below.
Q8 For the items checked in Q6 below, enter the total circulation/audience in the table below (if unknown, use best estimate).
How did you distribute educational
materials or equivalent outreach?Local
Check all that apply:Residents businesses Developers Students Employees Other
X Brochure X X X X X
X Newsletter X X X X X
X Utility bill insert X
X Newspaper ad X
Radio ad
Television ad
Cable access channel
X Stormwater-related event X X X X X
X School project or presentation X X
X Website X X X X X
Other (1)
Describe:
Other (2)
Describe:
Other (3)
Describe:
Q9 Q10
Q11 Between January 1, 2018 and December 31, 2018, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV.B.]
If 'Yes ,' describe those modifications:
No
MCM 2: Public Participation/Involvement
The following questions refer to Part III.D.2.a. of the Permit.
Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP).
Did you provide this opportunity between January 1, 2018 and December 31, 2018? [Part III.D.2.a.(1)]
Yes
50
27500
13
Total
circulation/audience: (if
unknown, best est.)
Q8Q6Q7 Intended audience? Check all that apply:
3000
5
36
4676
For Q9 and Q10 below, provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house)
held and the date each activity was held from January 1, 2018 to December 31, 2018. [Part III.D.1.c.(4)]
Date of Activity Description of Activity
4/12/2018 Turf alternatives workshop
5/5/2018 Annual rain barrel sale
6/19/2018 Fire Department open house
03/15/20108 MS4 Open house
4/2/2018 MS4 Annual Meeting, City Council
3/29/2018 Resilient yards workshop
6/11/2018 Skate Park grand opening
6/13/2018 Parktacular
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 10
Q13 If 'Yes ' in Q12, what was the opportunity that you provided? Check all that apply.
X Public meeting
X Public event
Other
Q14 If 'Public meeting ' in Q13, did you hold a stand-alone meeting or combine it with another event?
Enter the date of the public meeting:
Enter the number of citizens that attended and
were informed about your SWPPP:
Q15 If 'Public Event' in Q13,
Describe:
Q15 Enter the date of the public event:
Enter the number of citizens that attended and
were informed about your SWPPP:
Q16 If 'Other' in Q13,
Describe:
Enter the date of the 'other' event:
Enter the number of citizens that attended and
were informed about your SWPPP:
Q17 Between January 1, 2018 and December 31, 2018, did you receive any input regarding your SWPPP?
No
If 'Yes ,' enter the total number of individuals or
organizations that provided comments on your
SWPPP:
Q18 If 'Yes' in Q17, did you modify your SWPPP as a result of written input received? [Part III.D.2.b.(2)]
If 'Yes ,' describe those modifications:
Q19 Between January 1, 2018 and December 31, 2018, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV.B.]
If 'Yes ,' describe those modifications:
No
MCM 3: Illicit Discharge Detection and Elimination
The following questions refer to Part III.D.3. of the Permit.
Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4?
Yes
Q21 Did you identify any illicit discharges between January 1, 2018 and December 31, 2018? [Part III.D.3.h.(4)]
Yes
Q22 If 'Yes ' in Q21, enter the number of illicit discharges detected:
21
Q23 If 'Yes ' in Q21, how did you discover these illicit discharges? Check all that apply.
X Public complaint
X Staff
Q24 If 'Public complaint ' in Q23, enter the number discovered by the public:
14
Q25 If 'Staff ' in Q23, enter the number discovered by staff:
7
3/15/2018
5
MS4 presentation at city council meeting
4/2/2018
1
Stand-alone
0
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 11
Q26 If 'Yes ' in Q21, did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)?
Yes
Q27 If 'Yes' in Q26, what type of enforcement action(s) was taken and how many of each action were issued between January 1, 2018 and December 31, 2018?
Check all that apply.
Number issued:
X 11
X 6
If 'Other ,'
describe:
Q28 If 'Yes ' in Q26, did the enforcement action(s) taken sufficiently address the illicit discharge(s)?
Yes
Q29 If 'No' in Q28, why was the enforcement not sufficient to address the illicit discharge(s)?
Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B.]
Yes
Q31 Between January 1, 2018 and December 31, 2018, did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges)
and reporting illicit discharges for further investigations? [Part III.D.3.e.]
Yes
Q32 If 'Yes ' in Q31, how did you train your field staff? Check all that apply.
X
If 'Other ,'
describe:
The following questions refer to Part III.C.1. of the Permit.
Q33 Did you update your storm sewer system map between January 1, 2018 and December 31, 2018? [Part III.C.1.]
Yes
Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part III.C.1.a.]
Yes
Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.]
Yes
Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1.c.]
Yes
Q37 Does your storm sewer map include all receiving waters? [Part III.C.1.d.]
Yes
Q38 In what format is your storm sewer map available?
If 'Other ,'
describe:
Q39 Between January 1, 2018 and December 31, 2018, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program?
[Part IV.B.]
If 'Yes,' describe those modifications:
No
MCM 4: Construction Site Stormwater Runoff Control
The following questions refer to Part III.D.4. of the Permit.
Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associated with
Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view-document.html?gid=18984) for
erosion and sediment controls and waste controls? [Part III.D.4.a.]
Yes
Criminal action
Civil penalty
Other
Verbal warning
Notice of violation
Fine
Video
Field Training
Other
Email
Powerpoint
Presentation
GIS
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 12
Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.]
Yes
Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.]
Yes
Q43 Enter the number of site plan reviews conducted for sites an acre or greater between January 1, 2018 and December 31, 2018:
15
Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of
each used from January 1, 2018 to December 31, 2018.
Number issued:
X Verbal warning 4
X Notice of violation 3
X Administrative order 0
X Stop-work order 1
Fine 0
X Forfeit of security bond money 0
X Withholding of certificate of occupancy 0
Criminal action 0
Civil penalty 0
Other 0
If 'Other ,'
describe:
Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)?
[Part III.B.]
Yes
Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2018 and December 31, 2018:
15
Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)]
Yes
Q48 If 'Yes' in Q47 , how are sites prioritized for inspections? Check all that apply.
X Site topography
X Soil characteristics
X Types of receiving water(s)
Stage of construction
X Compliance history
X Weather conditions
X Citizen complaints
Project size
Other
If 'Other ,'
describe:
Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)]
Yes
Q50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2018 and December 31, 2018:
52
Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part III.D.4.d.(2)]
Q52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2018 and December 31, 2018:
3
Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary
construction stormwater contact first if you have multiple inspectors.
1 Inspector Name
Organization
Phone (Office)
Phone (Work Cell)
Email
Preferred contact method
2 Inspector Name
Organization
Phone (Office)
Phone (Work Cell)
Email
Preferred contact method
3 Inspector Name
Organization
Phone (Office)
Phone (Work Cell)
Email
Preferred contact method
9529242699
jvaughn@stlouispark.org
email
Inspection frequency is typically every other week, after a 2.5 inch rainfall event, or based on a complain received.
Jim Vaughn
City of St. Louis Park
Luke Imgram
City of St. Louis Park
9529241666
lingram@stlouispark.org
email
Erick Francis
City of St. Louis Park
9529242690
9522109053
efrancis@stlouispark.org
email
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 13
Q54 What training did inspectors receive? Check all that apply.
X University of Minnesota Erosion and Stormwater Management Certification Program
Qualified Compliance Inspector of Stormwater (QCIS)
Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor
Minnesota Utility Contractors Assocation Erosion Control Training
Certified Professional in Erosion and Sediment Control (CPESC)
Certified Professional in Stormwater Quality (CPSWQ)
Certified Erosion Sediment and Storm Water Inspector (CESSWI)
Other
If 'Other ,'
describe:
Q55 Between January 1, 2018 and December 31, 2018, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control
program? [Part IV.B.]
If 'Yes ,' describe those modifications:
No
MCM 5: Post-Construction Stormwater Management
The following questions refer to Part III.D.5. of the Permit.
Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a of the Permit?
Yes
Q57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required
by the Permit? [Part III.D.5.a.(2)] Check all that apply.
Refer to the link http://www.pca.state.mn.us/index.php/view-document.html?gid=17815 for guidance on stormwater management approaches.
X Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surface on-site
Retain the post-construction runoff volume on site for the 95th percentile storm
Match the predevelopment runoff conditions
X Adopt the Minimal Impact Design Standards (MIDS)
An approach has not been selected
X Other method (Must be technically defensible - e.g., based on modeling, research and acceptable engineering practices)
If 'Other ,'
describe:
Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post-construction stormwater management regulatory
mechanism(s)? [Part III.B.]
Yes
Q59 Between January 1, 2018 and December 31, 2018, did you modify your BMPs, measurable goals, or future plans for your post-construction site stormwater
management program? [Part IV.B.]
If 'Yes ,' describe those modifications:
No
MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations
The following questions refer to Part III.D.6. of the Permit.
Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned).
Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2018
to December 31, 2018 within your MS4 (exclude privately owned). [Part III.D.6.e.]
Q62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as allowed in Part III.D.6.e.(1) of the Permit?
No
Structural stormwater BMPs 17
Outfalls 220
Site discharge rate controls include the the restriction of the proposed 6" event discharge rate cannot exceed the existing 4.2" event discharge
rate. This discharge rate control is more restrictive than what is outlined in the NPDES CSW permit.
Ponds 33
Ponds 58
Structural stormwater BMPs 17
Outfalls 28
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 14
Q63 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part III.D.6.e.(1)]
Yes
Q64 If 'Yes ,' briefly describe the maintenance that was conducted:
Q65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)]
Yes
Q66 If 'Yes' in Q65, did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)]
Yes
Q67 If 'Yes ' in Q66, based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas?
Yes
Q68 If 'Yes' in Q67, briefly describe the maintenance that was conducted:
Q69 Between January 1, 2018 and December 31, 2018, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good
housekeeping for municipal operations program? [Part IV.B.]
If 'Yes ,' describe those modifications:
No
Discharges to Impaired Waters with a USEPA-Approved TMDL that Includes an applicable WLA
If required, you must complete the TMDL Annual Report Form, available at: http://stormwater.pca.state.mn.us/index.php/Upload_page_with_TMDL_forms.
Attach your completed TMDL Annual Report Form to this Annual Report as instructed below. [Part III.E]
Q71 Successfully uploaded file:
Alum or Ferric Chloride Phosphorus Treatment Systems
The following questions refer to Part III.F.3.a. of the Permit. Provide the information below as it pertains to your alum or ferric chloride phosphorus treatment system.
Q72 Date(s) of operation (mm/dd/yyyy - mm/dd/yyyy)
Q74
Maintenance that occurred on the storm water BMP and outfalls included debris, sediment, and vegetation removals.
Sweeping, inlet protection maintenance, mowing, plantings, stockpile maintenance.
File successfully attached.
April
May
June
'Alum or Ferric Chloride Phosphorus Treatment Systems' section not required for St Louis Park City MS4.
January
February
March
October
November
December
July
August
September
March
April
January
February
May
June
November
December
September
October
July
August
Calculated pounds of phosphorus
removed:
Q76
Chemical(s) used for treatment:
Q73 Q75
Gallons of alum or ferric chloride
treatment:Gallons of water treated:
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 15
Q77 Any performance issues and corrective action(s), including the date(s) when corrective action(s) were taken, between January 1, 2018 and December 31, 2018:
Partnerships
Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements?
No
Q79 If 'Yes ' in Q78, describe the agreements you have with other regulated MS4s and which Permit requirements the other regulated MS4s help satisfy: [Part IV.B.6.]
Additional Information
Q80 Successfully uploaded file:
Q81 Successfully uploaded file:
Q82 Successfully uploaded file:
Q83 Optional, describe the file(s) uploaded:
Owner of Operator Certification
The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly
authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor).
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment (Minn. R. 7001.0540).
X Yes
By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that
information can be used for the purpose of processing my MS4 Annual Report.
Name:
Title:
Date:4/5/2019
No file attached.
No file attached.
No file attached.
If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one file. You may
provide additional explanation and/or information in an email with the subject YourMS4NameHere_2018AR to ms4permitprogram.pca@state.mn.us.
Erick Francis
Water Resources Manager
City council meeting of May 20, 2019 (Item No. 6a)
Title: Annual Storm Water Pollution Prevention Program public meeting Page 16
Meeting: City council
Meeting date: May 20, 2019
Action agenda item: 8a
Executive summary
Title: First reading of ordinance related to zero waste packaging
Recommended action: Motion to approve the first reading of an ordinance amending the Zero
Waste Packaging Ordinance, and to set the second reading for June 17, 2019.
Policy consideration: Does the city council wish to amend the Zero Waste Packaging Ordinance?
Summary: Staff is initiating this request to amend the Environment and Public Health (Chapter
12) code in an attempt to decrease waste, reduce confusion for business and residents and
minimize contamination in organics and recycling? A simple majority vote of the council (four) is
needed to approve the recommended motion.
The proposed ordinance was reviewed by the city attorney. A summary of proposed changes
was provided to city council (study session report on April 8, 2019) and to primary stakeholders
(via emails on April 8 and 22, 2019). A draft of the revised ordinance was posted to the city’s
website on April 19, 2019. Stakeholders were asked to provide feedback by April 30, 2019. The
city received three responses from stakeholders. Edits were made to the draft ordinance to
clarify intent on two items in response to stakeholder feedback.
The original Zero Waste Packaging Ordinance went into effect on January 1, 2017. Over the past
two years, staff have identified circumstances where clarification and changes in the ordinance
would help decrease waste, reduce confusion for business and residents and minimize
contamination in organics and recycling.
This amendment updates much of Chapter 12, Article VI, and proposes changes that would
update definitions, set expectations for some types of packaging, remove certain exclusions,
clarify collection requirements and change the penalty process. These changes will help
increase the impact of the ordinance by further moving single-use food packaging toward zero
waste.
Financial or budget considerations: None
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Discussion
Draft ordinance (redline)
Prepared by: Emily Barker, Solid Waste Specialist
Reviewed by: Scott Merkley, Public Works Services Manager
Mark Hanson Public Works Superintendent
Cynthia S. Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 8a) Page 2
Title: First reading of ordinance related to zero waste packaging
Discussion
A draft copy of the ordinance is attached. Listed below is a summary of the proposed changes in
Chapter 12.
(Sec. 12-33, 12-34, 12-91, 12-124, 12-125) Updating definitions. Harmonizes terms with Chapter
8 and 22. Removes obsolete terms (rubbish and refuse) and updates and adds
other definitions (garbage, licensed solid waste collector, solid waste and
multifamily building).
(Sec. 12-124) Updating of allowed collection hours. Harmonizes with Chapter 22 and current
practice.
(Sec. 12-201) Clarifying and refining legislative purpose. This revision puts the legislative
purpose into plain language, so it will be easier for impacted parties to
understand.
(Sec. 12-202) Updating definitions. Adds several terms (compostable packaging, food and
beverage packaging, non-packaging food service items, recyclable packaging,
reusable packaging and single-use). Updates definition for zero waste packaging.
Removes unnecessary or redundant terms (distributor, packaging and violation).
(Sec. 12-203) Prohibitions and duties. This section includes several proposed changes.
Item (b)(1) would require that lids for cups and containers be of the same
category of packaging. This change would require that lids for compostable cups
and containers be compostable and lids for recyclable cups and containers be
recyclable. Confusion and contamination are caused by packaging combinations
that mix recyclable and compostable components (e.g. compostable cups with
recyclable lids), as many people do not realize that both items cannot be placed
in the same container at disposal.
Item (b)(2) would require all compostable cups (paper or plastic) be labeled to
indicate compostability. This change is being made to help customers
understand which products are compostable. Cups that are not labeled are
particularly difficult to differentiate from non-compostable cups. All cups would
need to be labeled with at least one of the following:
•Text: The words “certified compostable,” “commercially compostable” or
other such language. “Made from plants,” “bio-based,” or “biodegradable”
would not acceptable alternatives on their own, as they do not necessarily
mean a product is compostable.
•Logo: The logo of a third party certification or testing body (e.g. BPI).
Item (c)(1) would remove plastic utensils (forks, spoons, knives) from the current
exclusions and require single-use utensils to be compostable. Plastic utensils
cannot be recycled due to their size and shape and inability to be properly
sorted. This change would reduce contamination of organics and recycling,
City council meeting of May 20, 2019 (Item No. 8a) Page 3
Title: First reading of ordinance related to zero waste packaging
especially at quick service restaurants and events where consumers are often
responsible for sorting items for disposal.
Item (c)(2) would require that straws be provided to customers “by request
only.” This change would require that food establishments not automatically give
straws to customers, unless one is explicitly requested. Front-of-house
dispensers, which allow for customers to self-serve straws, and are often found
in quick-service food establishments would meet this requirement. While this
change would not require straws to be compostable, staff believes this would
reduce usage and thus reduce waste. Like utensils, straws cannot be recycled
due to collection and sorting systems.
(Sec. 12-204) On-site collection requirements. There are two amendments being proposed in
this section.
Item (a)(3) would require that the organizations hosting food trucks provide
collection containers for organics and/or recycling. This change would remove
the current requirement that food trucks provide collection containers for
recycling and/or organics. Most often the hosting organization, such as an event
organizer or local business, is coordinating collection of trash, recycling and/or
organics. Staff believe the most effective way to capture the recyclable and
compostable items from food trucks is to require the hosting organization to
provide the appropriate containers.
Item (b) would add the requirement for co-location of collection containers to
the ordinance. Co-location means that the containers for the collection of
recyclable and/or compostable packaging must be side-by-side with garbage
containers. The co-location of bins is currently being required through the
Administrative Rules. By adding this requirement to the ordinance itself, it
provides better clarity for the food establishments and makes enforcement
easier for the city.
(Sec. 12-206) Exclusions and exemptions. Moves all exclusions and exemptions to one section,
instead of throughout the ordinance as is currently the case.
(Sec. 12-207) Violations and enforcement. Removes specific administrative penalty
information from the ordinance and adds it to the city’s fee schedule approved
annually by council.
City council meeting of May 20, 2019 (Item No. 8a) Page 4
Title: First reading of ordinance related to zero waste packaging
Ordinance No. _____-19
An ordinance amending the St. Louis Park ordinance code relating to
environment and public health
The City of St. Louis Park does ordain:
SECTION 1. That Chapter 12 of the Code of Ordinances, City of St. Louis Park, Minnesota, is
hereby amended to read as follows:
CHAPTER 12
ENVIRONMENT AND PUBLIC HEALTH
Article VI. Zero Waste Packaging
Sec. 12-201. Legislative purpose.
Sec. 12-202. Definitions.
Sec. 12-203. Prohibitions and duties.
Sec. 12-204. On-site collection for recyclable and compostable packaging.
Sec. 12-205. Rules and regulations.
Sec. 12-206. Exclusions and exemptions.
Sec. 12-207. Violations and enforcement.
Sec. 12-208. Severability.
Sec. 12-209. Effective Ddate.
Sec. 12-210209—12-250. Reserved
ARTICLE II. NUISANCES
DIVISION 1. GENERALLY
Sec. 12-33. Nuisances affecting health.
In addition to those conditions identified elsewhere, the following are declared to be
nuisances affecting health:
(3)Accumulations of decaying animal or plant material, animal or human feces, trash,
refuse, yard waste, rubbish, garbage, rotting lumber, packing material, scrap metal, tires
or any other substances which can be breeding places for flies, mosquitoes or vermin,
except compost maintained in compliance with cChapter 22, article IIIV.
(9)The intentional or negligent discharge of items including but not limited to refuse,
leaves, grass clippings garbage, yard waste, solvents, antifreeze, oil, gas, fireplace
ashes, paint, swimming pool water or cement rein sate into a street, storm sewer
system, or water resource such as a wetland, creek, pond or lake. This includes illegal
discharge or discard of any item on to any land within the City limits.
City council meeting of May 20, 2019 (Item No. 8a) Page 5
Title: First reading of ordinance related to zero waste packaging
Sec. 12-34. Nuisances affecting peace and safety.
In addition to those conditions identified elsewhere, the following are declared to be
nuisances affecting public peace, welfare and safety:
(23) Accumulations of personal property, rubbish solid waste or debris in any residence that
could prevent emergency egress.
(24) Accumulations of animal feces, rubbish solid waste or junk remaining in any place as to
become dangerous or injurious to the safety of any individual or to the public.
ARTICLE III. LITTER
Sec. 12-91. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Garbage means putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food the portion of solid waste that is not separated
at the source by the generator for the purpose of reuse, recycling, organics recycling, or yard
waste composting.
Licensed solid waste collector means any person holding a valid license from the city who
shall offer to, or engage in, the collection of solid waste in the city.
Litter means garbage, refuse and rubbish, solid waste and all other waste material which, if
thrown or deposited as prohibited in this article, tends to create a danger to public health,
safety and welfare.
Refuse means all putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, trash, ashes, street cleanings, dead animals, junk, abandoned
automobiles, and solid market and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, wood, glass,
bedding, crockery and similar materials.
Solid waste means garbage, recyclable materials, organic materials, yard waste, appliances,
bulk waste, and other solid waste from residential or commercial buildings, and activities
thereof, that the generator of the material aggregates for collection, but does not include
construction demolition debris, hazardous waste, dirt, rocks, sod, or sewage sludge.
ARTICLE IV. NOISE, NOISE POLLUTION AND VIBRATION
Sec. 12-124. Hourly restrictions on certain operations.
(d) Garbage collection. Except in a general industrial zoning district, no person shall collect
or remove garbage or refuse solid waste except between the hours of 7:00 a.m. and 108:00
City council meeting of May 20, 2019 (Item No. 8a) Page 6
Title: First reading of ordinance related to zero waste packaging
p.m. on weekdays and between the hours of 98:00 a.m. and 108:00 p.m. on weekends and
holidays.
Sec. 12-125. Prohibited noises.
(h) Apartment Multifamily or multiuse building. No person may cause, allow, or permit any
noise pollution in any multiuse or apartment building as determined beyond the property line
of the area or premises owned, rented, leased, or used by such person.
ARTICLE V. STORMWATER, SOIL EROSION, AND SEDIMENTATION
Sec. 12-152. Definitions
Pollutant means anything which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, ordinances, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure; and noxious
or offensive matter of any kind.
ARTICLE VI. ZERO WASTE PACKAGING
Sec. 12-201. Legislative Purpose.
The cCity of St. Louis Park council (council) adopted the strategic direction in March 2007
stating that the city is committed to being a leader in environmental stewardship and will
increase to increasing environmental consciousness and responsibility in all areas of city
business.
As such, the council finds that discarded packaging from foods and beverages prepared for
immediate consumption constitutes a portion of the waste stream in St. Louis Park that could
be diverted for reuse, recycling, or organics recycling. Regulation of food and beverage
packaging, therefore, is a necessary part of any effort to encourage a recyclable and
compostable waste stream, thereby reducing the disposal of solid waste and the economic and
environmental costs of waste management for the citizens of St. Louis Park and others working
or doing business in St. Louis Park.
The council also finds that the two (2) main processes used to dispose of discarded
nonreusable, nonreturnable, nonrecyclable and noncompostable food and beverage packaging
are landfilling and incineration, both of which should be minimized for environmental reasons.
The council therefore finds that the minimization of nonreusable, nonreturnable,
nonrecyclable and noncompostable food and beverage packaging originating at retail food
establishments and at events providing food and/or beverages within the city of St. Louis Park
is necessary and desirable in order to minimize the city's waste stream and maximize recycling
and organics recycling, so as to reduce the volume of landfilled waste, to minimize toxic by-
City council meeting of May 20, 2019 (Item No. 8a) Page 7
Title: First reading of ordinance related to zero waste packaging
products of incineration, and to make our city and neighboring communities more
environmentally sound places to live.
The purpose and intent of this ordinance is to:
(a) Encourage the use of reusable food and beverage packaging when possible;
(b) Minimize the amount of single-use, disposable food and beverage packaging that must be
thrown in the garbage, and thus disposed via incineration or landfilling;
(c) Maximize the amount of single-use food and beverage packaging items that can be recycled
or composted; and
(d) Minimize contamination in organics and recycling.
Sec. 12-202. Definitions.
As used in this chapter, the following terms and phrases shall have the meanings as defined
in this section:
Compostable packaging shall mean packaging that is separable from solid waste prior to
collection for the purpose of composting or anaerobic digestion. Compostable packaging must
be made of unlined paper (unless lining is certified compostable), certified compostable plastic
that meets ASTM D6400 or ASTM D6868 or other material accepted by the facility receiving and
processing the materials as determined by the St. Louis Park Public Works Division by rule
promulgated pursuant to Section 12-205.
Distributor shall mean a business that distributes food and beverages but does not conduct
retail food or beverage transactions.
Food and beverage packaging shall mean packaging used to serve food and beverage
products intended for immediate consumption including cups, plates, bowls, serving trays, to-
go containers, clamshells, wrappers, and lids.
Food establishment as used in this chapter, shall mean a "food establishment" as defined by
Chapter 3.3.1 Hennepin County Code of Ordinances.
Mobile use-food establishment as used in this chapter, shall mean “mobile use-food” as
defined in Chapter 36-142(g)(5) of the City Code of Ordinances, as a vehicle or cart used to
prepare and serve food and/or beverages in individual portions in a ready-to-consume state.
Mobile use-food does not include the sale of groceries or vegetables and fruits not prepared for
immediate consumption at the vehicle.
Packaging shall mean and include food or beverage cans, bottles or containers used to
package food and beverage products for distribution including glasses, cups, plates, bowls,
serving trays, and to-go containers. The following exclusions apply: foods pre-packaged by the
manufacturer, producer or distributor; plastic knives, forks and spoons sold or intended for use
as utensils; and plastic films less than ten (10) mils in thickness.
City council meeting of May 20, 2019 (Item No. 8a) Page 8
Title: First reading of ordinance related to zero waste packaging
Non-packaging food service items shall mean items that are not packaging, but are used to
consume food, including straws and utensils.
Recyclable packaging shall mean food or beverage packaging that is separable from solid
waste prior to collection for the purpose of recycling. Recyclable packaging must be accepted
by the local material recovery facilities receiving and processing the materials and have existing
robust recycling markets as determined by the St. Louis Park Public Works division by rule
promulgated pursuant to Section 12-205.
Reusable packaging shall mean food or beverage packaging that is capable of being refilled
at a retail location or returned to the distributor for reuse at least once as a container for the
same food or beverage.
Single-use shall mean an item designed and intended for a single use.
Violation shall mean any time a food establishment is found by the city to be non-compliant
with one or more section(s) of this chapter.
Zero waste packaging shall mean and include reusable packaging, single-use recyclable
packaging, and single-use compostable packaging.
Zero waste packaging shall mean and include any of the following:
(1) Reusable and returnable packaging: Food or beverage containers or packages, such as,
but not limited to, water bottles, growlers, milk containers and bulk product packaging
that are is capable of being refilled at a retail location or returned to the distributor for
reuse at least once as a container for the same food or beverage.
(2) Recyclable packaging: Packaging that is separable from solid waste during collection for
the purpose of recycling including, but not limited to, glass bottles, aluminum cans and
plastic food and beverage packaging. Recyclable packaging must be accepted by the
local material recovery facilities receiving and processing the materials and have existing
robust recycling markets as determined by the Public Works Division by rule
promulgated pursuant to section 12.205.
(3) Compostable packaging: Packaging that is separable from solid waste during collection
for the purpose of composting. Compostable packaging must be made of unlined paper
(unless lining is certified compostable), certified compostable plastic that meet ASTM
D6400 or ASTM D6868 or other material accepted by the commercial compost or
anaerobic digestion facility receiving and processing the materials.
Sec. 12-203. Prohibitions and duties.
(a) No person owning, operating or conducting a food establishment or any person or
organization providing free food or beverage products within the cCity of St. Louis Park
pursuant to a Hennepin County or Minnesota Department of Agriculture permit or license,
or in a manner which would require a permit or license, shall do or allow to be done any of
the following within the city:
(1) Sell or convey at retail or possess with the intent to sell or convey at retail any food or
beverage intended for immediate consumption contained, at any time at or before the
City council meeting of May 20, 2019 (Item No. 8a) Page 9
Title: First reading of ordinance related to zero waste packaging
time or point of sale, in packaging which is not zero waste packaging. The presence on
the premises of the food establishment of packaging which is not zero waste packaging
shall constitute a rebuttable presumption of intent to sell or convey at retail, or to
provide to retail customers packaging which is not zero waste packaging; provided,
however, that this subparagraph shall not apply to manufacturers, brokers or
warehouse operators, who conduct or transact no retail food or beverage business.
(b) To reduce contamination in recycling and organics, mobile-use food establishments shall
implement the following by January 1, 2020, and all other food establishments shall
implement the following by July 1, 2020:
(1) Single-use cups and containers that are utilized with lids shall have lids of the same
category of packaging.
a. Recyclable packaging shall only have recyclable lids;
b. Compostable packaging shall only have compostable lids.
(2) Compostable cups shall be labeled to clearly indicate to the consumer that the cup is
compostable. Labeling must include at least one of the following:
a. The words “certified compostable,” “commercially compostable” or other
language, as approved by the St. Louis Park Public Works Division by rule
promulgated pursuant to Section 12-205. “Made from plants,” “bio-based,” or
“biodegradable” are not acceptable alternatives on their own;
b. The logo of a third-party certification or testing body indicating the cup meets
compostability standards, as approved by the St. Louis Park Public Works
Division by rule promulgated pursuant to Section 12-205.
(c) All food establishments shall implement the following in relation to non-packaging food
service items by January 1, 2020:
(1) Single-use utensils including, but not limited to, forks, spoons, and knives shall be
compostable.
(2) Single-use straws of any kind shall only be provided to consumers upon request. Front-
of-house straw dispensers, which allow for customers to self-serve, meet this
requirement.
Sec. 12-204. On-site collection for recyclable and compostable packaging.
(a) A food establishment which utilizes single-use compostable and/or recyclable food
packaging to serve consumers on-site shall have on-site collection for recyclable and/or
compostable packaging.
(1) A food establishment that does not utilize single-use packaging to serve consumers on-
site is exempt from the requirement to have on-site collection for recyclable and/or
compostable packaging.
(2) A food establishment that does not have dine-in seating for consumers is exempt from
the requirement to have on-site collection for recyclable and/or compostable packaging.
(3) If a mobile use-food establishments is being hosted by an entity as part of an event or
regular business, the hosting entity shall provide on-site collection for recyclable and/or
compostable packaging.
(b) Containers for the on-site collection of recyclable and/or compostable packaging shall be
co-located with garbage containers.
City council meeting of May 20, 2019 (Item No. 8a) Page 10
Title: First reading of ordinance related to zero waste packaging
(1) If garbage receptacles are available to consumers, then receptacles for separating
recyclable and/or compostable packaging must also be made available to consumers in
the same location.
(2) If garbage receptacles are not available to consumers and are instead placed in areas for
use by staff only, then receptacles for separating recyclable and/or compostable
packaging are only required in those locations.
(c) A food establishment shall arrange for the collection of recyclable and/or compostable
packaging by a licensed solid waste collector for delivery to an appropriate transfer station
or processing facility.
(d) Packaging used to contain food or beverages intended for immediate consumption shall be
considered zero waste packaging only when the food establishment provides consumers
with an on-site opportunity to recycle and/or appropriately manage compostable packaging
and compostable plastics and utilizes a qualified recycling and/or organics management
system.
(1) A qualified recycling system shall have the following elements:
a. A clear and verifiable process for separating recyclable packaging from discarded solid
waste.
b. Collection and delivery of recyclable packaging to a recycling facility for processing in
the same or at least similar manner as recyclable packaging collected in a city approved
recycling program;
(2) A qualified organics recycling system shall have the following elements:
a. A clear and verifiable process for separating organic materials from discarded solid
waste; and
b. Collection and delivery of organic materials to an organics composting or anaerobic
digestion facility in the same manner or at least similar manner as organic materials
collected in a municipally approved the city’s organized collection organics management
program.
(3) A food establishment that does not have dine-in seating for consumers except a mobile
use-food establishment, is exempt from the requirement to provide consumers with an
on-site opportunity to recycle and/or manage compostable packaging/compostable
plastics as defined in Sec. 12-203(b).
Sec. 12-204. Violations and Enforcement.
(a) When a violation of this ordinance has occurred, the food establishment shall be subject to
the penalties set forth below.
(b) A violation of this ordinance is a misdemeanor.
(c) Violations of this ordinance shall be punishable as an administrative offense pursuant to
City Code Section 1-14, Administrative Penalties, as follows:
(1) A warning notice in writing for the first violation;
(2) A fine of $100 for the second violation;
(3) Repeat subsequent violations within 24 months will incur a fine double the amount
of the fine imposed for the previous violation, up to a maximum of $2,000. For
example, if there were four occurrences of a violation that carried a $100 fine: first is
$0 (warning); second is $100, third is $200, fourth is $400.
(d) At the time a violation occurs, the food establishment will be given 14 calendar days to take
corrective action before a subsequent fine is issued.
City council meeting of May 20, 2019 (Item No. 8a) Page 11
Title: First reading of ordinance related to zero waste packaging
(e) The administrative offenses provided for in this article shall be in addition to any other legal
or equitable remedy available to the city for city code violations.
Sec. 12-205. Rules and regulations.
The St. Louis Park pPublic wWorks dDivision may, upon notice and hearing, promulgate such
rules and regulations as may be necessary to carry out the purposes of this article and protect
the health of the public, including:
(a) the development of a list of recyclable and compostable packaging that meets definitions
under Section 12-202;
(b) a list of third party certification or testing bodies that meet the requirements under Section
12-203(b)(2);
(c) and development of a list of exemptions under Section 12-206(e) for packaging for which
there is no reasonable commercially available alternative.
In promulgating such rules, the division shall consider the legislative purposes provided in
Section 12-201 of this ordinance and shall consult with the operators of affected food
establishments, local material recovery facilities and local commercial composting facilities. The
Ppublic Wworks Ddivision rules and regulations shall be approved by council annually.
Sec. 12-206. Exclusions and exemptions.
Notwithstanding any other provisions to the contrary, this ordinance shall not apply to:
(a) Manufacturers, brokers, distributors or warehouse operators who conduct or transact no
retail food or beverage business;
(b) Food and beverage service provided through patient care at hospitals and nursing homes;
(c) Food packaging pre-packaged by a manufacturer, producer or distributor;
(d) Plastic films less than ten (10) mils in thickness;
(e) Any packaging which is not zero waste packaging, but for which there is no commercially
available alternative as determined by the St. Louis Park Public Works Division by rule
promulgated pursuant to Section 12-205. In determining whether there are commercially
available alternatives, the Ppublic Wworks Ddivision will consider whether there is
availability of zero waste packaging for affected products. Every rule creating an exemption
under this paragraph will be reviewed annually by the Ppublic Wworks Ddivision to
determine whether current conditions continue to warrant the exemption.
Sec. 12-207. Violations and enforcement.
(a) Violations of this ordinance shall be punishable as a misdemeanor pursuant to City Code
Section 1-13, and/or an administrative offense pursuant to City Code Section 1-14,
Administrative Penalties.
(b) The administrative offenses provided for in this article shall be in addition to any other legal
or equitable remedy available to the city for city code violations.
(c) At the time a violation occurs, a warning notice will be given in writing. The food
establishment will be given 14 calendar days to take corrective action before a fine is issued.
City council meeting of May 20, 2019 (Item No. 8a) Page 12
Title: First reading of ordinance related to zero waste packaging
Sec. 12-208207. Severability.
If any part or provision of this ordinance or the application thereof to any person, entity, or
circumstances shall be judged unconstitutional or invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision or
application which is directly involved in the controversy in which such judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this ordinance or the
application thereof to other persons, entities, or circumstances.
Sec. 12-210169--12-250200. Reserved.
SECTION 2. This ordinance shall take effect fifteen dates after its publication.
First Reading May 20, 2019
Second Reading June 17, 2019
Date of Publication June 27, 2019
Date Ordinance takes effect July 12, 2019
Reviewed for administration: Adopted by the City Council June 17, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
Meeting: City council
Meeting date: May 20, 2019
Action agenda item: 8b
Executive summary
Title: Mixed use zoning district amendment
Recommended action: Motion to approve first reading of an Ordinance amending Division 9.
M-X Mixed Use and additional amendments relating to the MX district to land use, parking
regulations, sign regulations, and architectural design (Sections 36-115, 36-361, 36-362, and 36-
366)and set the second reading of Ordinance for June 17, 2019.
Policy consideration: Does city council wish to update the mixed use zoning district and related
provisions?
Summary: The City of St. Louis Park’s current M-X Mixed Use zoning district requires a planned
unit development (PUD) overlay in order to allow for mixed-use buildings. In 2015, the city
adopted a specific PUD zoning district, which made the existing M-X district obsolete, except for
mixed use developments previously approved under the old code.
On December 17, 2018 the city council approved the St. Louis Park 2040 comprehensive plan
for submittal to the Metropolitan Council. It is expected that the Metropolitan Council will
accept the plan July 10, 2019, and the plan will be placed into effect immediately following. The
plan re-guides several properties on the future land use map to mixed use. Therefore, it is a
high priority to update the mixed-use zoning ordinance so it is consistent with the St. Louis Park
2040 land use plan.
City council reviewed and discussed portions of the proposed mixed-use zoning ordinance on
March 11, 2019, and on May 13, 2019 staff provided a written report explaining the density
bonus concepts and point values that are proposed in the ordinance in more detail.
On April 17, 2019 the planning commission held a public hearing, and voted unanimously to
recommend adoption of the updated mixed-use zoning ordinance.
Financial or budget considerations: None.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents:
•Discussion
•2040 comprehensive plan future land use map highlighting properties guided mixed use
•Draft mixed use zoning district ordinance
•Excerpts from planning commission April 17, 2019 minutes
•Excerpts from City council study session minutes March 11, 2019
Prepared by: Jennifer Monson, Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 8b) Page 2
Title: Mixed use zoning district amendment
Discussion
Background: Historically, the City of St. Louis Park rezoned properties to an M-X Mixed Use
zoning district and applied a planned unit development (PUD) overlay to allow for mixed-use
buildings. In 2015, the city adopted a new PUD zoning district, which made the existing M-X
district obsolete, except for existing mixed use developments that had previously been
approved by the city.
On December 17, 2018 the city council approved the St. Louis Park 2040 comprehensive plan
for submittal to the Metropolitan Council. It is expected that the Metropolitan Council will
accept the plan on July 10, 2019, and the plan will be placed into effect immediately following.
The plan re-guides several properties on the future land use map to mixed use. Therefore, it is a
high priority to update the mixed use district regulations so it they are consistent with the St.
Louis Park 2040 land use plan.
Present considerations: The city proposes amendments to the existing M-X district to provide a
zoning district that creates a district-wide standard for mixed-use developments that are site
and context sensitive, and will weave more mixed-use buildings into the fabric of St. Louis
Park’s built environment. As of today, there are no undeveloped (or underdeveloped) parcels
zoned for mixed-use, so the city will need to amend the zoning map to apply this new district to
more properties. An open house meeting regarding proposed rezonings of properties
throughout the city due to the comprehensive plan, including specific properties proposed to
be rezoned to the M-X District, was held on May 8, 2019. Approximately 10 people attended
and feedback received regarding the mixed use district was positive.
Since the fall of 2017, the planning commission conducted 10 study sessions, including a
walking tour of the West End, to discuss regulations within the MX district including building
orientation, scale, height, build-to-lines, building length, uses, density, density bonuses, and the
draft ordinance. Items that were not discussed during study sessions, including references to
other portions of the code, have no proposed changes.
City council conducted a study session on March 11, 2019 to review and discuss new concepts
and portions of the draft ordinance, and on May 13, 2019 staff provided a written report to city
council that presented more details about the density bonus concepts and point values
proposed in the ordinance.
The planning commission held a public hearing on April 17, 2019. There were no public
comments made, and the commission voted unanimously to recommend the adoption of the
updated mixed-use zoning ordinance.
City council meeting of May 20, 2019 (Item No. 8b) Page 3
Title: Mixed use zoning district amendment
2040 comprehensive plan future land use map highlighting mixed use guided properties
Ordinance No. ___-19
Ordinance relating to the mixed use district and related land use, parking, sign,
and architectural design requirements
The City of St. Louis Park does ordain:
Section 1. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 19-08-ZA).
Section 2. Chapter 36 of the St. Louis Park City Code is hereby amended by completely
deleting and reinstating Division 9. M-X Mixed Use District and by adding underscored text and
deleting strikethrough text. Section breaks are represented by ***.
ARTICLE IV. ZONING DISTRICTS
DIVISION 9. M-X MIXED USE DISTRICT
Sec. 36-261. Purpose.
The purposes of the M-X mixed use district are to:
(1) Provide appropriate areas for and facilitate quality mixed use development in activity centers that
are consistent with the Comprehensive Plan’s land use and transportation goals and strategies;
(2) Provide a variety of residential housing types and densities to assure activity and support a mix of
uses, and enhance the housing choices of city residents;
(3) Integrate new mixed use development with its surroundings by encouraging connections for
pedestrians, bicyclists, and vehicles and by assuring sensitive, compatible use, scale, and
operational transitions to neighborhood uses;
(4) Encourage reductions in impervious surface by minimizing surface parking and retain open space
by encouraging taller buildings for high-density uses; and
(5) Promote high quality architectural design, materials, and innovative site design.
Sec. 36-262. Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning.
Building Height to Street Width means the percentage of the building height compared to the
adjacent street width. The street width means half of the right-of-way width from the
centerline, including all sidewalks, easements and street yard. This regulation shall not prohibit
additional building height with the addition of a stepback.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 4
Example: Building height is 60 percent of the street width.
| centerline
Build-to Zone means the minimum and maximum distance a structure may be placed from a lot
line. Build-to zones are measured from the outside edge of any public access easement for
sidewalk or the right-of-way, if no public access easement for sidewalk is required or exists.
Commuter Bicycle Facilities means bike lockers, on-site showers, and a bicycle repair station.
Courtyard means an outdoor area enclosed by a building facade on at least 3 sides and open to
the sky.
Frontage means the building and lot area facing and directly adjacent to a street right-of-way
line.
Frontage, Primary means a frontage that receives priority over other frontages, defining a
higher level of pedestrian orientation. The primary frontages is identified in the comprehensive
plan as a collector or arterial. If there are two primary streets, or no primary streets, the Zoning
Administrator shall determine the most appropriate frontage to serve as the primary street.
Orientation of other parcels along the street and status of the street shall be considered.
Frontage, Secondary means a frontage that is secondary to the Primary Frontage, requiring less
streetwall coverage and lower transparency levels, and permitting more interruptions by
driveways. Secondary frontages are all frontages not identified as a primary frontage, and are
categorized as a side yard abutting a street.
Impervious Site Coverage means the percentage of a lot developed with principal or accessory
structures and impervious surfaces, such as driveways, sidewalks, and patios.
Inclusionary Commercial Space means a specified reduction of commercial rent only for small
local businesses, based on the fair market commercial rents for the building.
Lot Line Coverage means the minimum percent of lot frontage that must contain a building.
Micro Store Front means a commercial or industrial space a maximum of 1,500 square feet in
size only for a small local business.
Occupied Space means an interior building space regularly occupied by the building users. It
does not include storage areas, utility space, or parking.
Pedestrianway means an open and available pathway designed for use by pedestrians; it can be
located mid-block allowing pedestrian movement from one street to another without traveling
along the block’s perimeter.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 5
Small Local Business means a local, independently owned, non-franchised business. Local means
located in the Twin Cities Metro Area.
Story, Ground. Also referred to as ground floor means the first floor of a building that is level to
or elevated above the finished grade on the front and corner facades, excluding basements or
cellars.
Story, Half means a story either in the base of the building, partially below grade and partially
above grade, or a story fully within the roof structure with transparency facing the street.
Story, Upper. Also referred to as upper floor means the floors located above the ground story of
a building.
Street Face means the facade of a building that faces a street right-of-way.
Yard, Street means the space on a lot between the principal structure and the primary or
secondary street frontage line or street side lot line for the lot and extending to any minimum
side or rear setback line.
Yard Definition. Yard is defined in Section 36-3 Definitions. For the purposes of this Section, the
following standards shall supplement and, where inconsistent, supersede the definition of
Section 36-3:
1.Side and Rear Yards Abutting Other Lots, an Alley, or a Rail Right-of-Way means a property
located in an area designated as Mixed Use MX, only yards abutting a lot, an alley, or a rail
right-of-way at the lot line, and not a street, waterway or other Primary or Secondary
frontage, are considered side or rear yards.
2.Front Yards and Side Yards abutting a street are regulated through the designation of
Primary and Secondary frontages.
Visible Basement means a half story partially below grade and partially exposed above with
required transparency on the street facade.
Zoning Administrator means the zoning administrator or her/his designee.
Sec. 36-263. Mixed use restrictions and performance standards.
The following restrictions and performance standards shall govern structures and uses permitted in any
MX mixed use district:
(1) All buildings shall have a vertical mix of land uses, such as residential and commercial, with a
strong pedestrian orientation. A use on the ground floor must be different from a use on an upper
floor. The second floor may be designed to have the same use as the ground floor so long as there
is at least one more floor above the second floor that has a different use from the first two floors.
(2) More than one mixed-use building may be placed on one lot in the MX District.
(3) Along at least 75 percent of the primary frontage, the building must be designed for non-
residential uses. Lobbies and amenity areas serving a residential use or a hotel lobby in the
building shall not count as a non-residential use.
(4) All non-residential uses located on the ground floor primary and secondary frontage shall have a
direct and primary access to and from the primary and/or secondary frontage building façade and
the access shall remain open during business hours.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 6
(5) All business activities including but not limited to sales, rentals, service, storage, merchandise
display, repair, and processing, except for off-street vehicular parking and off-street loading, shall
be conducted wholly within an enclosed structure except as specifically permitted elsewhere in
this chapter.
(6) Outdoor storage shall be prohibited except when specifically permitted elsewhere in this chapter.
(7) Business uses shall front on a public way or an interior arcade.
(8) All delivery service entrances to a building shall be from a public alley, service-alley, off-street
parking lot, or all deliveries shall be made from the curb.
(9) All trash, garbage, waste materials, trash containers, and recycling containers shall be located
within the building or behind all build-to-lines and shall be kept in the manner required by this
Code. All trash handling and loading areas shall be screened from view within a waste enclosure
which shall be constructed of complementary materials as the principal building.
(10) There shall be no vehicular access within 50 feet of the intersection of the projection of the
nearest curblines of any public streets to a parcel on which a commercial use is operated.
(11) No storage, display or parking of vehicles shall be allowed in any of the required yards or
landscaped areas.
(12) Surface parking spaces, mechanical equipment, refuse and recycling areas, and loading areas shall
not be located within any build-to zone, minimum setback, or street yard.
(13) New structures and structures which expand the gross square footage of the structure by more
than 50 percent shall be required to place all utility service lines underground. Any new service to
an existing building shall be placed underground.
(14) Vehicular access for all non-residential uses shall be from a roadway identified in the
comprehensive plan or as a collector or arterial or otherwise located so that access can be
provided without generating significant traffic on local residential streets.
(15) Sidewalks shall be provided along all sides of the lot that abut a public street.
(16) A separate pedestrian access shall connect the principal building to the public street or a public
trail, on all sides of the lot which front on a public right-of-way or public trail. This access shall be
separated from parking areas by curbed, landscaped islands which have a minimum width of 20
feet inclusive of sidewalk. If a transit stop is located on any adjacent public street, access shall be
located convenient to that transit stop.
Sec. 36-264. Uses.
(1)Permitted uses (P). Uses listed in Table 36-264 with a “P” symbol are permitted by-right in the
Frontage Types in which they are listed.
(2)Uses permitted in limited stories (PL). Uses listed in Table 36-264 with a “PL” symbol are
permitted by-right in the Frontage Types in which they are listed, provided that the uses are
located in the upper stories of a structure; the basement; or in the ground story, a minimum of
30 feet behind any primary street façade and behind a permitted use.
(3)Uses permitted with conditions (PC). Uses listed in Table 36-264 with a “PC” symbol are
permitted provided compliance with the listed conditions and requirements.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 7
(4)Uses permitted by conditional use permit (CUP). Uses listed in Table 36-264 with a “CUP” symbol
require a Conditional Use Permit; refer to 36-33 Conditional Use Permits.
Table 36-264 Mixed Use District Uses
Primary Frontage Secondary Frontage
RESIDENTIAL & LODGING USES
Multifamily Residential PC PC
Live-Work Unit PC PC
Roominghouse PL PL
State-licensed residential facility PL PL
Group home/non-statutory PL PL
Nursing Home PL PL
Hotel/Motel PC PC
Bed and Breakfast establishment PC PC
CIVIC & INSTITUTIONAL USES
Education/Academic PL P
Museum/Library Category P P
Police/Fire Station PC PC
COMMERCIAL USES
Brewery/Micro-distillery PC PC
Business/trade school/college PL P
Dental Office P P
Food Service P P
Grocery Store PC PC
Liquor Store CUP CUP
Medical Office P P
Offices PL P
Private Entertainment (Indoor) CUP CUP
Research and development PL P
Retail, less than 8,000 square feet P P
Retail, 8,000 square feet or larger PC PC
Retail, Large Item PC PC
Restaurants PC PC
Service facilities, less than 8,000 square feet P P
Service facilities, 8,000 square feet or larger PC PC
INDUSTRIAL USES
Catering PC PC
Studios PC PC
Printing process/supply PC PC
Showrooms PC PC
TRANSPORTATION & INFRASTRUCTURE USES
Communication antennas CUP CUP
Transit Stations P P
Sec. 36-265. Uses permitted with conditions (PC).
Multifamily Residential Category.
(1)Shall be located in the upper stories of a structure; the basement; or in the ground story,
a minimum of 30 feet behind any primary street façade and behind a permitted use, or
on a secondary, rear, or side facade.
(2) Dwelling unit entrances are not required to be internal to the building, and individual
exterior entrances are encourage for ground floor units
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 8
(3) Balconies shall serve a single dwelling unit
(4) Buildings are discouraged from being massive in scale or institutional in appearance.
(5) Use may include leasing and/or property management offices, gym or other fitness
facilities for tenants, and meeting rooms as accessory uses.
Live-Work Unit.
(1)The units shall only be located on a Secondary Street Frontage.
Hotel/motel.
(1) Shall be located in the upper stories of a structure; the basement; or in the ground story,
a minimum of 30 feet behind any primary street façade and behind a permitted use.
(2) Rooms shall be accessed from the interior of the building.
(3) Secondary service uses may also be provided, such as food service, meeting rooms,
pools, and fitness rooms as accessory uses.
(4) A lobby and secondary service uses serving the hotel/motel may be provided along 25
percent of the primary frontage. The remaining 75 percent of the primary frontage shall
be non-residential uses.
Bed and Breakfast establishment.
(1) Shall be located in the upper stories of a structure; the basement; or in the ground story,
a minimum of 30 feet behind any primary street façade and behind a permitted use.
(2) Rooms shall be accessed from the interior of the building.
(3) Secondary service uses may also be provided, such as food service and meeting rooms as
accessory uses.
Police/Fire Station.
(1) Garage doors are permitted on the front facade.
(2) Stations are exempt from maximum driveway widths.
Brewery/Micro-distillery.
(1) The brewery/distillery shall not produce more than 20,000 barrels of malt liquor or cases of
hard liquor per year.
(2) The following additional conditions apply:
a.The maximum overall gross floor area is limited to 20,000 square feet.
b.A taproom and/or retail outlet is required and shall be located in the Primary Street
storefront of the building.
c.The taproom and/or retail outlet shall occupy a minimum of 20 percent of the gross
floor area with no maximum limit.
d.Retail outlet does not include liquor store, which shall be permitted only in
accordance with the requirements for liquor store uses for the frontage type.
(3) This use may also include associated facilities such as offices and small scale warehousing, but
distribution is limited to vans and small trucks. Distribution access shall be from the rear.
Grocery Store.
(1) When the grocery store is part of a mixed use development with residential or office uses
above the grocery, the following applies:
a.No activity results in any noxious or offensive odors, sounds, vibrations, emissions, or
any external nuisances upon adjacent properties.
b.Hours of operation, including deliveries, shall be limited to 6 a.m. to 12 a.m.
Retail, 8,000 square feet or larger.
(1) The retail space shall have an exterior entrance on the primary facade.
(2) The retail space shall be located at a corner of the building or near a primary building
entrance.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 9
(3) The retail space shall not occupy more than 25 percent of the gross floor area of the ground
floor.
Retail, Large Item
(1) The establishment shall be less than 20,000 square feet in size.
Restaurant
(1) Restaurants with or without intoxicating liquor licenses.
a.If there is a wine and/or beer liquor and/or intoxicating liquor license, there shall be no
separate bar area within the restaurant.
Service Facilities, 8,000 square feet or larger.
(1)The service space shall have an exterior entrance on the primary facade.
(2)The service space shall be located at a corner of the building or near a primary building
entrance.
(3) The service space shall not occupy more than 25 percent of the gross floor area of the
ground floor.
Catering; studio; printing process/supply; showrooms.
(1) This use may also include associated facilities such as offices and small scale warehousing,
but distribution is limited to vans and small trucks. Distribution access shall be from the rear.
(2) The maximum overall gross floor area is limited to 12,000 square feet.
(3) A showroom or retail outlet is permitted.
(4) If located on a Secondary Frontage the following additional conditions apply:
a.The use is permitted only in specifically designated live/work spaces on the ground floor
and with its own exterior entrance.
b.Distribution shall be from a designated loading area only.
(5) If located on a Primary Frontage, the following additional conditions apply:
a.A showroom and/or retail outlet is required and shall be located in the Primary Street
storefront of the building.
b.The showroom and/or retail outlet shall occupy a minimum of 25 percent of the gross
floor area.
Sec. 36-266. Uses permitted by conditional use permit (CUP). Uses listed in Table 36-264 with a “CUP”
symbol require a Conditional Use Permit; refer to 36-33 Conditional Use Permits.
Liquor Store.
(1) The lot must be at least 1,000 feet from the property line of a site containing a pawnshop,
currency exchange, payday loan agency, firearms sales or sexually-oriented business. The distance
shall be measured from the portion of the center or building occupied by the liquor store.
Private Entertainment (Indoor).
(1) No activity results in any noxious or offensive odors, sounds, vibrations, emissions, or any
external nuisances upon adjacent properties.
Communication antennas.
(1) Shall be developed in accordance with 36-368 Communication towers and antennas, except
that communication antennas located in the MX district shall be co-located atop a permitted
building.
Sec. 36-267 Accessory Uses. The following uses shall be permitted accessory uses in any MX district.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 10
(1)Accessory Off-Street Parking. The following are types of accessory parking permitted:
a.Parking Lot.
b.Accessory Parking Ramp.
i.Accessory parking ramps may be located only behind the rear of the building.
ii.Accessory parking ramps located on the secondary frontage shall have active uses on the
ground floor street facing facades, and.
iii.Accessory parking ramps shall meet the façade requirements for the building.
c.Accessory Parking in the Building. Parking may be provided in the rear of the building or fully
in any basement, and shall meet the façade requirements for the building.
d.Residential parking may be allowed for more than 24 hours.
(2) Incidental repair or processing which is necessary to conduct a permitted use and not to exceed
10 percent of the gross floor area of the associated permitted use.
(3)Outdoor seating and service of food and beverage, subject to the following conditions:
a.Shall be directly adjacent to the structure containing the associated use;
b.No speakers or other electronic devices which emit sound are permitted if the use is
located within 500 feet of a residential use;
c.The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if the use is located
within 500 feet of a residential use; and
d.Additional parking will not be required if the outdoor seating area does not exceed 500
square feet or ten percent of the gross floor area of the principal use, whichever is less.
Parking will be required at the same rate as the principal use for that portion of outdoor
seating area in excess of 500 square feet or ten percent of the gross building area,
whichever is less.
(4)Bar, if accessory to a restaurant, hotel or private entertainment (indoor).
(5)Catering, if accessory to a restaurant, food service, delicatessen, grocery store or retail bakery.
(6) Break rooms, if accessory to a non-residential use and are not located along the primary
frontage.
(7) Visitor lodging associated with residential care facilities.
(8) Warehouse/storage which is necessary for a permitted use and not to exceed 20 percent of the
gross floor area of the associated permitted use.
(9) Home occupations complying with all of the conditions in the R-C district.
(10) Outdoor sales are permitted only as accessory uses with garden and nursery sales.
(11) Public transit stops/shelters.
(12) Community gardens
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 11
(13) Accessory Utility Structures including:
a.Anaerobic digesters;
b.Small wind energy conversion system, as defined in 36-4 Definitions.
c.Solar energy systems. A solar energy system with a supporting framework that is either
placed on, or anchored in, the ground and that is independent of any building or other
structure; or that is affixed to or an integral part of a principal or accessory building,
including but not limited to photovoltaic or hot water solar energy systems which are
contained within roofing materials, windows, skylights, and awnings.
d.Cisterns and Rainwater Collection Systems. A container or series of containers for the
collection and reuse of rainwater. A cistern may be exempted from inclusion in the Site
Impervious Area calculation.
e.Where accessory utility structures are permitted with conditions, the following apply:
i.Accessory Use. The equipment shall be located on a lot with a building and is a
secondary use for the lot.
ii.Roof Mounted Location. Roof mounted equipment shall be located per one of the
following:
1.Pitched Roof. Locate the equipment on a rear facing surface of the roof, if
feasible for communication purposes.
2.Flat Roof. Locate the equipment towards the rear portion of the roof, where
visibility is limited from the street to the maximum extent possible.
iii.Ground Mounted Location. Ground mounted equipment is limited to the rear
yard. Equipment may be located in the side yard if the equipment is screened
from the street with an opaque wall, of the same or similar material of the street
facade of the building.
iv. Height. The height of the equipment is either a maximum of 12 feet or the
maximum that is not visible from any street sidewalk, whichever is greater.
v.Performance Standards. When noxious or offensive odors, sounds, vibrations,
emissions, or any external nuisances upon adjacent properties, including truck
traffic, will be generated by this accessory use above any generated by the
principal use, a conditional use permit is required. Refer to 36-33 Conditional Use
Permits.
vi. Freestanding Wind Energy Conversion Systems (WECS). Refer to Sec. 36-369, with
the exception of the following requirements which shall replace the provisions of
Table 36-369 A for all projects within the Mixed use District:
1.Height Limit: 110 feet
2.Maximum Number of WECS per lot: 2
3.Minimum Lot Size: 1.5 acres
Sec. 36-268. Dimensional standards and general requirements.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 12
Notwithstanding the provisions of Section 36-32, the following standards and requirements cannot be
modified or waived except as specifically stated:
(1) The maximum nonresidential density is 1.5 FAR and the maximum residential density is 50 units
per acre. In determining density, the total nonresidential floor area or number of residential units
shall be divided by the land associated with each use, including building coverage and parking areas
associated with the use and a proportion of the on-site usable open space. Stormwater ponds and
public/private streets and alleys shall be excluded from land calculations. Maximum residential
densities may be increased by up to 50 percent based on Table 36-268 (a).
Table 36-268 (a)
3 points 10% increase in density
6 points 20% increase in density
9 points 30% increase in density
12 points 40% increase in density
15 points 50% increase in density
a.Inclusionary housing (maximum 6 points may be earned)
i.Provide affordable housing at the levels required in the city’s Inclusionary Housing
Policy, as amended from time to time, whether or not the development includes
city financial assistance (6 points);
b.Environmental, energy, and water resources (maximum 8 points may be earned)
i.Meet the requirements of the city’s Green Building Policy as amended from time
to time, whether or not the development includes city financial assistance (5
points);
ii.Provide 0.5 W of on-site renewable energy per gross square foot of building area
(3 points)
c.Inclusionary commercial (Maximum 4 points may be earned)
i.Inclusionary commercial space for retail and service less than 8,000 square feet,
food service, and restaurant uses (4 points):
1.10 percent of total commercial space provided at 80 percent fair market
rent for 10 years; or
2.20 percent of total commercial space provided 90 percent fair market rent
for 10 years.
ii.Provide 20 percent or up to 5,000 square feet, whichever is less, of the total
commercial space as micro storefronts (4 points)
d.Travel demand management (maximum 2 points may be earned)
i.Complete a travel demand management plan and implement all recommended
strategies (1 points)
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 13
ii.Commuter Bicycle Facilities provided onsite (1 points)
1.In addition to the bicycle parking requirements in Section 36-361, an
additional 10 percent of the required bicycle parking facilities shall be
provided as bike lockers, on-site showers shall be available for building
occupants, and a bicycle repair station shall be provided.
e.Gathering spaces (maximum 2 points may be earned)
i.Provide and maintain a publically accessible space which may include a plaza,
courtyard, or community room (1 points)
ii.Provide and maintain a publically accessible community garden (1 points)
(2) The development site shall include a minimum of 12 percent designed outdoor recreation area
based on private developable land area.
(3) Building shall be constructed to the form requirements specific to the frontage type in Table 36-
268(b).
Table 36-268 (b)
Primary Frontage Secondary Frontage
BUILDING SITING
Minimum Primary Lot Line Coverage 80% 50%
Build-to Zone 10’ to 15’ 10’ to 20’
Maximum Building Length 200 feeta
HEIGHT
Building to Street Width Minimum 60% 60%
Building to Street Width Maximum 100% 200%
Minimum Height 2 stories 2 stories
Maximum Height 6 storiesb or 75 feet, whichever is less
Primary Ground Story Height 12’ to 20’c
All Other Stories Height 10’ to 15’
FAÇADE
Entrance Elevation Each street entrance shall be within 30” of
adjacent street sidewalk average grade
a.Maximum Building Length may be increased up to 50 percent if a pedestrianway is
provided. These pedestrianways can be pedestrian easements and pathways or exterior
through building linkages at least every 200 feet.
b.Step-backed stories. All stories that exceed the maximum building to street width shall be
stepped back from the front façade a minimum of 10 feet and a maximum of 30 feet.
c.Tall stories: 18’ or more in floor-to-floor ground story height counts as 2 stories toward
maximum building height.
(4) Side and Rear Yards:
a.Buildings with side or rear property lines adjacent to R-1 or R-2 zoned and used districts
shall have a maximum building height of 40 feet, and minimum side and rear yards of 15
feet. Buildings may exceed 40 feet in height if the portion of the building above 40 feet is
stepped back from the side and rear property lines a distance equal to the additional
height.
(5) Parapet walls shall be utilized to completely screen rooftop equipment from ground and street
level view and rooftop equipment must be painted to match the color of the roof in order to
minimize the visual impact as viewed from other buildings.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 14
(6) Developments shall include sidewalks and/or bikeways along all private and public street rights-of-
way as determined appropriate and on-site pedestrian/bicycle facilities that provide logical
connections to off-site uses and are separated from off-street surface parking areas by curbed,
landscaped islands a minimum of 20 feet in width inclusive of sidewalk.
(7)Developments served by public transit must provide at least one transit stop that conveniently
serves the development.
(8) Driveway location. Vehicular driveway access is managed through the primary and secondary
street frontages. The order of access is as follows:
a.An alley permits unlimited access.
b.If no alley exists, one driveway per secondary street frontage is permitted.
c.If no other option exists, one driveway may be permitted off the primary street and shared
access with abutting properties is encouraged.
(9) Signage shall be allowed with the following conditions:
a.Pylon signs are prohibited;
b.Freestanding monument signs shall utilize the same exterior materials as the principal
buildings and shall not interfere with pedestrian, bicycle or automobile circulation and
visibility.
c.Maximum allowable number, sizes, heights and yards for signs shall be regulated by
Section 36-362, MX requirements.
d.Wall signs of non-residential uses shall only be placed on the ground floor and exterior
walls of the occupied tenant lease space, and/or a monument sign.
e.Wall signs shall not be included in calculating the aggregate sign area on the lot if they
meet the following outlined conditions:
i.Non-residential wall signs permitted by this section that do not exceed seven
percent of the exterior wall area of the ground floor tenant lease space.
ii.The sign is located on the exterior wall of the ground floor tenant lease space from
which the seven percent sign area was derived.
iii.No individual wall sign shall exceed 100 square feet in area.
f.Pedestrian scale signs visible from public sidewalks shall be encouraged. Such signs shall
be no more than three feet in vertical dimension unless flush with the building wall.
(10)A development agreement is required as part of the development approval and shall address, at
a minimum, approved site and building design criteria, approved sign locations and design
criteria, construction phasing, density bonuses, specifications for inclusionary commercial space,
cash escrow or letter of credit for construction of on-site and off-site improvements generated by
the development, and maintenance.
(11) The development shall comply with all other applicable chapter provisions unless specifically
modified by subsections (1) through (10) of this section.
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 15
***********
Section 36-115 Land Use
Land uses permitted in limited stories. Land uses listed as “permitted in limited stories” are permitted
subject to all of the requirements of land uses permitted by right plus those additional controls which
specify the story of a building the use can occur. Land uses permitted in limited stories do not require a
public hearing process.
***********
36-361 Parking Regulations
**
(k)Design Requirements
**
(10)Yards. Required parking areas shall be subject to the following requirements:
a.In the R-4 and R-C districts, parking areas shall be subject to the requirements for front
yards and side yards abutting a street.
b.In the C-2, O, I-P and I-G districts, parking areas shall be permitted in the front yard and
side yards abutting a street, provided that the yard shall not be reduced to less than five
feet. (Ord. No. 2466-15, 5-18-2015)
c.In the C-1 and MX districts district:
1. Parking spaces and drive aisles shall not be located between a building and a street,
except that a through lot may have parking between the building and less prominent
street, as determined by the Zoning Administrator.
2. The minimum yard requirement for parking spaces and drive aisles shall be zero (0.0)
when located adjacent to a non-residential district
3. The minimum yard requirement for parking spaces and drive aisles shall be eight feet
when abutting a residentially zoned property.
4. The minimum yard requirement for parking spaces shall be five feet when adjacent to
a street. (Ord. No. 2466-15, 5-18-15)
***********
36-362 Sign Regulations
**
(f) General provisions. Subject to the following regulations, signs are a permitted accessory use in all use
districts:
**
(12)Durable Materials. All permanent sign faces and supports shall be made of durable materials.
Canvas, cloth and similar materials such as flexible vinyl, are not allowed except for canopies,
awnings and temporary signs other than pedestrian signs. Awnings shall be constructed of
heavy canvas fabric, metal, and/or glass. Plastic, vinyl, and backlit awnings are prohibited. All
permanent wood signs must be constructed of durable hardwood products. The wood must
be treated against rot and decay, and cannot be constructed of plywood, chipped wood,
hardboard, fiber board or similar materials. Sign Support structures shall not be constructed
of wood
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 16
************
36-366 Architectural design
**
(b) Standards.
(1) Building Design.
**
g.All developments shall consider the effect of sun angles and shade patterns on other
buildings. All new multiple-family and nonresidential buildings and additions thereto shall
be located so that the structure does not cast a shadow that covers more than 50 percent
of another building wall for a period greater than two hours between 9:00 a.m. and 3:00
p.m. for more than 60 days of the year. This section will not prohibit shading of buildings
in an industrial use district, two or more buildings on the same lot in the MX district, or as
approved for buildings covered by the same PUD, CUP, or Special Permit. Shading of
existing public spaces and outdoor employee break areas shall be minimized to the extent
reasonable and possible.
Section 3. This ordinance shall take effect (July 2, 2019)
Reviewed for administration: Adopted by the City Council (June 17,
2019)
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
First Reading May 20, 2019
Second Reading June 17, 2019
Date of Publication June 27, 2019
Date Ordinance takes effect July 2, 2019
City council meeting of May 20, 2019 (Item No. 8b)
Title: Mixed use zoning district amendment Page 17
City council meeting of May 20, 2019 (Item No. 8b) Page 18
Title: Mixed use zoning district amendment
D R A F T
UNOFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
APRIL 17, 2019 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Joe Tatalovich; Lisa Peilen; Carl Robertson; Alanna Franklin (youth
member); Matt Eckholm; Lynne Carper; Claudia Johnston-Madison; Jessica Kraft
MEMBERS ABSENT: None.
STAFF PRESENT: Sean Walther; Jennifer Monson; Jacquelyn Kramer
1.Call to Order – Roll Call
2.Approval of Minutes: March 20, 2019 and April 17, 2019
Commissioner Robertson made a motion to approve the minutes. Commissioner Carper
seconded the motion, and the motion passed on a vote of 7-0.
3.Public Hearings
A.Mixed use zoning ordinance
Applicant: City of St. Louis Park
Case Nos: 19-08-ZA
Jennifer Monson, Planner, presented the staff report. The proposed amendments are
for the mixed use zoning district and explained several of the parcels currently guided
for mixed use in the city.
Commissioner Peilen asked for more detail on exactly what a glazed transom is and why
it is encouraged.
Ms. Monson responded that a glazed transom is a window above a door or window, to
add visual interest, daylight to internal spaces and pedestrian activity to the street.
Commissioner Carper asked for more detail regarding the inclusionary commercial
policy.
Mr. Walther said the Economic Development Coordinator is looking into the details to
effectively administer the ordinance.
Commissioner Carper asked a question regarding the 20 foot wide pedestrian
connection through parking lots, and asked for other examples in the city.
City council meeting of May 20, 2019 (Item No. 8b) Page 19
Title: Mixed use zoning district amendment
Ms. Monson said the language is taken from another portion of the code, and a good
example where this was applied would be the renovations to the Shoppes at Knollwood.
Chair Eckholm sited the sidewalks located at the Highway 7 Target, and the purpose of
them is to provide a safer route through a large parking lot to get to the store.
Commissioner Robertson commented that he took issue with the reference to ensuring
high quality architecture design. He stated it is not something the commission can
ensure. He suggested using the word ‘promote’ instead.
Commissioner Robertson stated the performance standards should be revised to clarify
that residential uses are allowed, but not required, in a mixed use building. It could have
retail uses on the first floor with offices uses above.
Commissioner Robertson discussed the conditions for private entertainment uses.
Ms. Monson said private indoor entertainment was prohibited in buildings with
residential uses due to fitness equipment vibration and noise.
Commissioner Johnston-Madison agreed with Commissioner Robertson that the
conditions should be amended to not prohibit all private indoor entertainment with
residential uses.
Commissioner Carper asked for clarifications regarding conditions for hotel and motel
uses.
Ms. Monson said permitted accessory uses are allowed on 25% of the building frontage
and the other 75% have to be non-residential active uses. A quarter of the ground floor
building frontage could be the hotel lobby or entrance. She said the rooms for a hotel or
motel are not allowed to be along the front ground floor of the building. She said she
would clarify the language in the code.
Commissioner Carper asked about the transparency description and how we go about
determining what high transparency and low reflecting is. Starbucks was given as an
example of the window transparency and how difficult it can be to see in. How are we
able to define it so everyone is following the same rule and go out and define the
ordinance.
Ms. Monson said since the planning commission and city council are still discussing
window transparency throughout the city, we can delete the definition and all
references to transparency in the mixed-use district, and reference whatever is adopted
for the rest of the zoning ordinance.
Chair Eckholm opened the public hearing and then closed the public hearing as no one
was present to speak.
Chair Eckholm asked if the commission had any amendments or motions.
City council meeting of May 20, 2019 (Item No. 8b) Page 20
Title: Mixed use zoning district amendment
Commissioner Robertson motioned to strike the transparency section until it can be
discussed further, which would also include the definition of transparency.
Commissioner Carper seconded the motion.
Commissioner Kraft asked if the mixed use district will reference the proposed
transparency ordinance still being review by the commission and city council.
Ms. Monson responded that the mixed use district references all other required
portions of the zoning code when rules are not specified in the district.
Commissioners voted and the motion passed on a vote of 7-0.
Commissioner Robertson made a motion to remove conditions 1 and 3 under private
indoor entertainment. Commissioner Carper seconded the motion, and the motion
passed on a vote of 7-0.
Commissioner Carper made a motion to remove the discussion on inclusionary
commercial. Commissioner Kraft seconded the motion.
Commissioner Robertson said he believes this to be an important enough provision to
maintain, even if it needs later refinement, and that it would help start the discussion
with developers.
Chair Eckholm agreed with Commissioner Robertson.
Commissioner Carper said after hearing commissioners’ arguments, he agreed and
withdrew his motion, and Commissioner Kraft agreed to withdraw her second to the
motion.
Commissioner Robertson stated that 80% class I materials is too high of a minimum and
asked for thoughts from the other Commissioners.
Chair Eckholm said he would prefer to remove the material requirements in the mixed-
use district at this time, and instead reference the architectural standards used
elsewhere in the zoning code, because the planning commission will be working on an
ordinance updating material requirements throughout the city.
Commissioner Kraft agreed.
Commissioner Robertson made a motion to strike the requirements for 80% class I
materials. Commissioner Kraft seconded the motion. Commissioner Carper asked if
striking this will create problems later and asked Mr. Walther for his opinion.
Mr. Walther said it would defer to the existing class materials contained elsewhere in
the zoning code and should not cause any problems.
City council meeting of May 20, 2019 (Item No. 8b) Page 21
Title: Mixed use zoning district amendment
The motion passed on a 7-0 vote.
Commissioner Robertson made a motion to replace the word ensure with promote and
to delete the second promote in the purpose section regarding high quality architectural
design. Commissioner Johnston-Madison seconded the motion, and the motion passed
on a vote of 7-0.
Commissioner Robertson made a motion to recommend approval of the ordinance with
the changes that have been made. Commissioner Peilen seconded the motion, and the
motion passed on a vote of 7-0.
Meeting: City council
Meeting date: May 20, 2019
Action agenda item: 8c
Executive summary
Title: Zoning ordinance amendment regarding home occupations
Recommended action: Motion to approve first reading of an Ordinance amending Chapters 36 of the St.
Louis Park Code of Ordinances regarding home occupations, and set the second reading for June 17, 2019.
Policy consideration: Does city council support the changes to the home occupations
regulations to prohibit firearm sales as a home occupation and allow retail sales with conditions.
Summary: Last year the city council directed staff to prepare an ordinance that prohibits
firearm sales as a home occupation. Staff drafted a narrowly focused amendment to update the
land use description to add firearm sales to the list of uses that do not qualify as home
occupations.
The planning commission held a public hearing and tabled action on the item after raising
concerns about the proposed amendment and existing restriction on retail sales. Following
planning commission study sessions on the topic, another public hearing was held on a
somewhat broader ordinance that allowed retail sales under certain conditions. The home
occupation regulations are repeated in each residential district, so the text is amended in
multiple locations.
Following the second public hearing, the planning commission voted 5-1 to recommend against
adoption of the proposed ordinance. Three commissioners opposed the prohibition of firearm
sales as a home occupation. Five commissioners took issue with other existing regulations
contained in the city code unrelated to firearm sales or retail sales and that were not proposed
to be amended. Both planning commission and city council are scheduled to discuss various
additional policy elements of the home occupation regulations, beyond the scope of the
amendments proposed in this ordinance, in the coming months.
The city received about a dozen email messages and received testimony from a representative
of the Minnesota Gun Owners Caucus prior to the first public hearing. The planning commission
did not receive additional testimony at the second public hearing.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Draft ordinance
Excerpts of the planning commission minutes from September 5, 2018,
October 3, 2018, February 20, 2019, and April 3, 2019 meetings Letters
and emails received at the first public hearing
Prepared by: Sean Walther, Planning and Zoning Supervisor
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of May 20, 2019 (Item No. 8c) Page 2
Title: Zoning ordinance amendment regarding home occupations
Discussion
Background: The city council directed staff to prepare an ordinance that prohibits firearm sales
as a home occupation. Staff prepared the ordinance and suggested other refinements to the
home occupations definition to improve the city’s ability to enforce the code.
Previous public input: The planning commission held a public hearing on September 5, 2018. A
representative of the Minnesota Gun Owners Caucus spoke at the public hearing in opposition
to the prohibition of firearm sales as a home occupation. The city also received approximately
12 emails opposing the firearms sales restriction. All of these emails appeared to be from
members of the Minnesota Gun Owners Caucus.
Since several months elapsed since the first public hearing, staff re-advertised the public
hearing and planning commission held a second public hearing on April 3, 2019 on the
expanded home occupations ordinance. The commission did not receive any additional public
testimony at the second hearing.
Process: On September 5, 2018, the planning commission closed the public hearing and
following discussion voted to table the item. The commission requested clarifications regarding
retail sales and firearm sales, and more information about firearm sales as a home occupation.
Planning commission discussed the ordinance in two study sessions on October 3, 2018, and
February 20, 2019. Staff provided examples of other cities’ home occupation regulations
related to retail sales and firearm sales, responded to questions raised at the first public
hearing, and provided a summary of an applicable Minneapolis court case that was provided by
the city attorney. The city attorney’s opinion is that the city has the authority to prohibit
firearm sales as a home occupation.
Staff further revised the proposed ordinance to modify how product sales are regulated when
related to a home occupation, as requested by the planning commission. Below is a description
of the current and proposed ordinance language.
Current land use description: The zoning code currently describes home occupations as
follows:
Home occupation means an occupation, profession, or activity which provides gainful
employment to a resident of a dwelling unit which is clearly an incidental and subordinate
use to the residential use and which does not alter the exterior of the property or affect the
residential character of the neighborhood. Auto body/painting, motor vehicle sales, motor
vehicle service and repair, retail sales, massage, medical/dental office, animal handling,
beauty shop and barbershop, warehouse/storage and manufacturing/processing do not
qualify as home occupations.
Proposed land use description: The ordinance proposes to remove the list of prohibited uses
from the land use description and move the list to the conditions for home occupations. The
ordinance also modifies the language to apply the rules to both for-profit and non-profit
activities. The proposed land use description would read as follows:
City council meeting of May 20, 2019 (Item No. 8c) Page 3
Title: Zoning ordinance amendment regarding home occupations
Home occupation means an occupation, profession, or activity conducted in a dwelling unit,
which is clearly an incidental and subordinate use to the residential use and which does not
alter the exterior of the property or affect the residential character of the neighborhood.
Current home occupation performance standards: The current code allows home occupations
to operate as an accessory use in residential districts when they meet the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-way.
c. The activity does not involve warehousing, distribution, or retail sales of merchandise
produced off the site.
d. No person is employed at the residence who does not legally reside in the home except
that a licensed group family day care facility may have one outside employee.
e. No light or vibration originating from the business operation is discernible at the
property line.
f. Only equipment, machinery, and materials which are normally found in the home are
used in the conduct of the home occupation.
g. No more than one non-illuminated wall sign limited to two square feet in area is used to
identify the home occupation.
h. Space within the dwelling devoted to the home occupation does not exceed one room
or ten percent of the floor area, whichever is greater.
i. No portion of the home occupation is permitted within any attached or detached
accessory building.
j. The structure housing the home occupation conforms to the building code. If the home
occupation is day care or if there are any customers or students, the home occupation
has received a certificate of occupancy.
Proposed home occupation performance standards: The ordinance proposes amending the
conditions to read as follows:
a. The city has approved a Registration of Land Use for any home occupation
established after [insert the effective date of this ordinance], that has customers or
students coming to the site.
b. The home occupation and structure housing the home occupation meets all
applicable fire and building codes, as well as any other City, County, State, or Federal
regulations.
c. The home occupation is clearly incidental and subordinate to the residential use of
the property and does not change the character of the property.
d. Space within the dwelling devoted to the home occupation does not exceed one
room or ten percent of the floor area, whichever is greater.
e. No portion of the home occupation is conducted within any attached or detached
accessory building.
f. Operation of the home occupation is not apparent from the public right-of-way.
g. Only equipment, machinery, and materials which are normally found in the home
are used in the conduct of the home occupation.
h. All material or equipment is stored within an enclosed structure.
i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare,
vibration, or electrical interference beyond the residential lot occupied by the home
occupation.
City council meeting of May 20, 2019 (Item No. 8c) Page 4
Title: Zoning ordinance amendment regarding home occupations
j. No person is employed at the residence who does not legally reside in the home
except that a licensed group family day care facility may have one outside employee.
k. Persons do not come to the location of the home occupation to be dispatched to
other locations.
l. Sale of products related to the home occupation is allowed with the following
conditions:
1. products are shipped to and from the premises, or
2. products sales occur off-site at a permissible location, or
3. a customer visits the premises by appointment only, or
4. products are sold on the premises at garage sales as regulated by this chapter.
m. No more than one non-illuminated wall sign up to two square feet in area is used to
identify the home occupation.
n. The home occupation does not include any of the following uses: auto
body/painting, motor vehicle sales, motor vehicle service and repair, small engine
repair, massage, medical/dental office, animal handling, beauty shop and
barbershop, firearm sales, currency exchange, payday loan agency, sexually-oriented
business or high-impact sexually oriented business.
Next steps: If city council approves the first reading of the ordinance, the second reading will be
scheduled for held on June 17, 2019.
NOTE – Staff is bringing this ordinance forward to address the council’s direction last year
regarding firearm sales. Given the lengthy process and public involvement related to firearm
sales and home occupations, staff feels it’s important to provide closure to this item now. The
council is scheduled to have a broader policy discussion regarding other considerations related
to home occupations at its June 10 study session. It is expected that any policy direction
stemming from that discussion will be referred to planning commission for further study and
consideration, and future amendments to the home occupation regulations may be considered
to implement the policy direction.
City council meeting of May 20, 2019 (Item No. 8c) Page 5
Title: Zoning ordinance amendment regarding home occupations
Ordinance No. ___-19
Ordinance regarding home occupations
The City of St. Louis Park does ordain:
Section 1. Chapter 36, Section 36-142(d)(14) of the St. Louis Park City Code is hereby
amended to read as follows.
(14) Home occupation means an occupation, profession, or activity conducted in a
dwelling unit, which is clearly an incidental and subordinate use to the residential
use and which does not alter the exterior of the property or affect the residential
character of the neighborhood.
Section 2. Chapter 36, Sections 36-163(e)(4) and (5) of the St. Louis Park City Code are
hereby amended in their entirety to read as follows.
(4) Family day care facilities serving 14 or fewer persons with the following condition:
a. No person is employed at the residence who does not legally reside in the home
except that a licensed family day care facility may have one outside employee.
(5) Home occupations complying with all the following conditions:
o. The city has approved a Registration of Land Use for any home occupation
established after [July 12, 2019], that has customers or students coming to the site.
p. The home occupation and structure housing the home occupation meets all
applicable fire and building codes, as well as any other City, County, State, or Federal
regulations.
q. The home occupation is clearly incidental and subordinate to the residential use of
the property and does not change the character of the property.
r. Space within the dwelling devoted to the home occupation does not exceed one
room or ten percent of the floor area, whichever is greater.
s. No portion of the home occupation is conducted within any attached or detached
accessory building.
t. Operation of the home occupation is not apparent from the public right-of-way.
u. Only equipment, machinery, and materials which are normally found in the home
are used in the conduct of the home occupation.
v. All material or equipment is stored within an enclosed structure.
w. The home occupation does not produce nuisance noise, odors, smoke, heat, glare,
vibration, or electrical interference beyond the residential lot occupied by the home
occupation.
x. No person is employed at the residence who does not legally reside in the home.
y. Persons do not come to the location of the home occupation to be dispatched to
other locations.
z. Sale of products related to the home occupation is allowed with the following
conditions:
5. products are shipped to and from the premises, or
6. products sales occur off-site at a permissible location, or
City council meeting of May 20, 2019 (Item No. 8c) Page 6
Title: Zoning ordinance amendment regarding home occupations
7. customers visit the premises by appointment only, or
8. products are sold on the premises at garage sales as regulated by this chapter.
aa. No more than one non-illuminated wall sign up to two square feet in area is used to
identify the home occupation.
bb. The home occupation does not include any of the following uses: auto
body/painting, motor vehicle sales, motor vehicle service and repair, small engine
repair, massage, medical/dental office, animal handling, beauty shop and
barbershop, firearm sales, currency exchange, payday loan agency, sexually-oriented
business or high-impact sexually oriented business.
Section 3. Chapter 36, Sections 36-164(e)(4) and (5) of the St. Louis Park City Code are
hereby amended in their entirety to read as follows.
(4) Family day care facilities serving 14 or fewer persons with the following condition:
a. No person is employed at the residence who does not legally reside in the home
except that a licensed family day care facility may have one outside employee.
(5) Home occupations complying with all the following conditions:
a. The city has approved a Registration of Land Use for any home occupation
established after [July 12, 2019], that has customers or students coming to the site.
b. The home occupation and structure housing the home occupation meets all
applicable fire and building codes, as well as any other City, County, State, or Federal
regulations.
c. The home occupation is clearly incidental and subordinate to the residential use of
the property and does not change the character of the property.
d. Space within the dwelling devoted to the home occupation does not exceed one
room or ten percent of the floor area, whichever is greater.
e. No portion of the home occupation is conducted within any attached or detached
accessory building.
f. Operation of the home occupation is not apparent from the public right-of-way.
g. Only equipment, machinery, and materials which are normally found in the home
are used in the conduct of the home occupation.
h. All material or equipment is stored within an enclosed structure.
i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare,
vibration, or electrical interference beyond the residential lot occupied by the home
occupation.
j. No person is employed at the residence who does not legally reside in the home.
k. Persons do not come to the location of the home occupation to be dispatched to
other locations.
l. Sale of products related to the home occupation is allowed with the following
conditions:
1. products are shipped to and from the premises, or
2. products sales occur off-site at a permissible location, or
3. customers visit the premises by appointment only, or
4. products are sold on the premises at garage sales as regulated by this chapter.
m. No more than one non-illuminated wall sign up to two square feet in area is used to
identify the home occupation.
City council meeting of May 20, 2019 (Item No. 8c) Page 7
Title: Zoning ordinance amendment regarding home occupations
n. The home occupation does not include any of the following uses: auto
body/painting, motor vehicle sales, motor vehicle service and repair, small engine
repair, massage, medical/dental office, animal handling, beauty shop and
barbershop, firearm sales, currency exchange, payday loan agency, sexually-oriented
business or high-impact sexually oriented business.
Section 4. Chapter 36, Sections 36-165(e)(4) and (5) of the St. Louis Park City Code are
hereby amended in their entirety to read as follows.
(4) Family day care facilities serving 14 or fewer persons with the following conditions:
a. No person is employed at the residence who does not legally reside in the home
except that a licensed family day care facility may have one outside employee.
(5) Home occupations complying with all the following conditions:
a. The city has approved a Registration of Land Use for any home occupation
established after [July 12, 2019], that has customers or students coming to the site.
b. The home occupation and structure housing the home occupation meets all
applicable fire and building codes, as well as any other City, County, State, or Federal
regulations.
c. The home occupation is clearly incidental and subordinate to the residential use of
the property and does not change the character of the property.
d. Space within the dwelling devoted to the home occupation does not exceed one
room or ten percent of the floor area, whichever is greater.
e. No portion of the home occupation is conducted within any attached or detached
accessory building.
f. Operation of the home occupation is not apparent from the public right-of-way.
g. Only equipment, machinery, and materials which are normally found in the home
are used in the conduct of the home occupation.
h. All material or equipment is stored within an enclosed structure.
i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare,
vibration, or electrical interference beyond the residential lot occupied by the home
occupation.
j. No person is employed at the residence who does not legally reside in the home.
k. Persons do not come to the location of the home occupation to be dispatched to
other locations.
l. Sale of products related to the home occupation is allowed with the following
conditions:
1. products are shipped to and from the premises, or
2. products sales occur off-site at a permissible location, or
3. customers visit the premises by appointment only, or
4. products are sold on the premises at garage sales as regulated by this chapter.
m. No more than one non-illuminated wall sign up to two square feet in area is used to
identify the home occupation.
n. The home occupation does not include any of the following uses: auto
body/painting, motor vehicle sales, motor vehicle service and repair, small engine
repair, massage, medical/dental office, animal handling, beauty shop and
barbershop, firearm sales, currency exchange, payday loan agency, sexually-oriented
business or high-impact sexually oriented business.
City council meeting of May 20, 2019 (Item No. 8c) Page 8
Title: Zoning ordinance amendment regarding home occupations
Section 5. Chapter 36, Section 36-166(e)(4) of the St. Louis Park City Code is hereby
amended in its entirety to read as follows.
(4) Family day care facilities serving 14 or fewer persons with the following conditions:
a. No person is employed at the residence who does not legally reside in the home
except that a licensed family day care facility may have one outside employee.
Section 6. Chapter 36, Section 36-166(e)(7) of the St. Louis Park City Code is hereby
amended in its entirety to read as follows.
(7) Home occupations complying with all the following conditions:
a. The city has approved a Registration of Land Use for any home occupation
established after [July 12, 2019], that has customers or students coming to the site.
b. The home occupation and structure housing the home occupation meets all
applicable fire and building codes, as well as any other City, County, State, or Federal
regulations.
c. The home occupation is clearly incidental and subordinate to the residential use of
the property and does not change the character of the property.
d. Space within the dwelling devoted to the home occupation does not exceed one
room or ten percent of the floor area, whichever is greater.
e. No portion of the home occupation is conducted within any attached or detached
accessory building.
f. Operation of the home occupation is not apparent from the public right-of-way.
g. Only equipment, machinery, and materials which are normally found in the home
are used in the conduct of the home occupation.
h. All material or equipment is stored within an enclosed structure.
i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare,
vibration, or electrical interference beyond the residential lot occupied by the home
occupation.
j. No person is employed at the residence who does not legally reside in the home.
k. Persons do not come to the location of the home occupation to be dispatched to
other locations.
l. Sale of products related to the home occupation is allowed with the following
conditions:
1. products are shipped to and from the premises, or
2. products sales occur off-site at a permissible location, or
3. customers visit the premises by appointment only, or
4. products are sold on the premises at garage sales as regulated by this chapter.
m. No more than one non-illuminated wall sign up to two square feet in area is used to
identify the home occupation.
n. The home occupation does not include any of the following uses: auto
body/painting, motor vehicle sales, motor vehicle service and repair, small engine
repair, massage, medical/dental office, animal handling, beauty shop and
barbershop, firearm sales, currency exchange, payday loan agency, sexually-oriented
business or high-impact sexually oriented business.
City council meeting of May 20, 2019 (Item No. 8c) Page 9
Title: Zoning ordinance amendment regarding home occupations
Section 7. Chapter 36, Section 36-167(e)(4) of the St. Louis Park City Code is hereby
amended in its entirety to read as follows.
(4) Family day care facilities serving 14 or fewer persons with the following conditions:
a. No person is employed at the residence who does not legally reside in the home
except that a licensed family day care facility may have one outside employee.
Section 8. Chapter 36, Section 36-167(e)(6) of the St. Louis Park City Code is hereby
amended in its entirety to read as follows.
(6) Home occupations complying with all the following conditions:
a. The city has approved a Registration of Land Use for any home occupation
established after [July 12, 2019], that has customers or students coming to the site.
b. The home occupation and structure housing the home occupation meets all
applicable fire and building codes, as well as any other City, County, State, or Federal
regulations.
c. The home occupation is clearly incidental and subordinate to the residential use of
the property and does not change the character of the property.
d. Space within the dwelling devoted to the home occupation does not exceed one
room or ten percent of the floor area, whichever is greater.
e. No portion of the home occupation is conducted within any attached or detached
accessory building.
f. Operation of the home occupation is not apparent from the public right-of-way.
g. Only equipment, machinery, and materials which are normally found in the home
are used in the conduct of the home occupation.
h. All material or equipment is stored within an enclosed structure.
i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare,
vibration, or electrical interference beyond the residential lot occupied by the home
occupation.
j. No person is employed at the residence who does not legally reside in the home.
k. Persons do not come to the location of the home occupation to be dispatched to
other locations.
l. Sale of products related to the home occupation is allowed with the following
conditions:
1. products are shipped to and from the premises, or
2. products sales occur off-site at a permissible location, or
3. customers visit the premises by appointment only, or
4. products are sold on the premises at garage sales as regulated by this chapter.
m. No more than one non-illuminated wall sign up to two square feet in area is used to
identify the home occupation.
n. The home occupation does not include any of the following uses: auto
body/painting, motor vehicle sales, motor vehicle service and repair, small engine
repair, massage, medical/dental office, animal handling, beauty shop and
barbershop, firearm sales, currency exchange, payday loan agency, sexually-oriented
business or high-impact sexually oriented business.
City council meeting of May 20, 2019 (Item No. 8c) Page 10
Title: Zoning ordinance amendment regarding home occupations
Section 7. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration:
Adopted by the City Council June 17, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
First Reading May 20, 2019
Second Reading June 17, 2019
Date of Publication June 27, 2019
Date Ordinance takes effect July 12, 2019
City council meeting of May 20, 2019 (Item No. 8c) Page 11
Title: Zoning ordinance amendment regarding home occupations
September 5, 2018 planning commission meeting minutes (excerpt)
B. Zoning ordinance regarding home occupations
Applicant: City of St. Louis Park
Case No.: 18-43-ZA
Sean Walther, Planning and Zoning Supervisor, presented the staff report. He stated
that the city council directed staff to explicitly prohibit firearm sales as a home
occupation. He discussed the home occupation land use description currently in the
zoning code. He explained the purpose of the proposed amendment is to clarify that
the rules apply to both for-profit and not-for-profit home occupations and to also
explicitly prohibit certain additional home occupational uses. He stated those uses
include firearm sales, currency exchange, payday loan agency, sexually-oriented
business and high impact sexually oriented businesses. All of these uses are currently
required to be separated from residential uses when located in a commercial district.
Chair Robertson and Mr. Walther discussed the difference between a firearm sale and a
retail sale.
Commissioner Peilen asked about a ban on retail sales. She said there are any number
of women’s clothing lines that are sold in the home. She described these sales as
occurring approximately four times a year. Samples are shipped back to the retailer and
items purchased are shipped directly to the customer.
Mr. Walther said the type of activity as described by Commissioner Peilen is not
prohibited.
Commissioner Johnston-Madison said many multi-level marketing businesses are run
out of homes. Product is being stored in homes. She said she didn’t think those
businesses could be construed as retail sales.
Commissioner Johnston-Madison asked city council’s intent in prohibiting firearm sales
as a home occupation.
Mr. Walther responded it came up when council asked how the city currently regulates
firearm sales and where they are permitted.
Commissioner Johnston-Madison asked if any Federal Firearms Licensees (FFLs) are
selling firearms from their homes today in St. Louis Park.
Mr. Walther stated he believed there are approximately six current FFLs operating as
home occupations at this time.
Commissioner Johnston-Madison noted for the record that she didn’t appreciate some
of the wording in the emails received from the public on the proposed amendment.
She asked about the procedure of licensing.
City council meeting of May 20, 2019 (Item No. 8c) Page 12
Title: Zoning ordinance amendment regarding home occupations
Mr. Walther said he doesn’t know all the details of how the licenses are issued. He said
the zoning division is asked whether or not that use is allowed in the zoning ordinance.
That is asked initially when a license is being obtained and again when it is renewed.
The zoning division is asked if the FFL meets the local regulations.
The Chair said he would like more definition about firearm sales as a primary home
occupation or as a related home occupation like gunsmith. He said sometimes
gunsmiths will make a sale of a custom item that was manufactured on site.
Mr. Walther said the city will have to look at every case individually. He said he doesn’t
believe gunsmith would meet current regulations for home occupations. He added that
conditions for home occupations as an accessory use in each district are noted in the
zoning code.
Chair Robertson said with gunsmith there seems to be a gray area that a firearm might
be produced off site but modified on site. He went on to say this is a complex item and
he doesn’t have enough information such as wording and definitions to feel comfortable
voting on the item. He suggested holding the public hearing and tabling the vote.
Commissioner Johnston-Madison said she agreed. She said she doesn’t have enough
information and also wants background information on why this is being proposed.
Mr. Walther asked the commission to provide him with specific questions.
Commissioner Peilen said she would not vote to table. She said she doesn’t think guns
have any business being sold in private residences.
The Chair said he would like to sit down with the six FFLs and see how they do business.
He said he doesn’t see the purpose of the extra proposed step.
Mr. Walther said there are approximately six FFL holders that operate as a home
occupation. He’s spoken with one FFL holder who primarily does internet sales of
collector antique firearms. He explained how the proposed amendment would limit
new future home occupations.
Chair Robertson said he sees zero issue with this and doesn’t see why it should be
prohibited.
Commissioner Kraft asked what surrounding cities are doing about this.
Mr. Walther responded it varies from city to city. Conditions are similar but there are
differences in each city. He added that the city attorney attended the city council
study session where the issue was discussed and the attorney’s opinion is that cities can
place reasonable limits upon firearm sales, including the proposed zoning code
amendment.
Chair Robertson opened the public hearing.
City council meeting of May 20, 2019 (Item No. 8c) Page 13
Title: Zoning ordinance amendment regarding home occupations
Rob Doar, political director and vice president of MN Gun Owners Caucus, 716 County
Hwy. 10, Minneapolis, distributed his letter opposing the proposed ordinance to the
commission. He said commissioners’ questions were good. He said the question of
why is important as state statute specifically protects firearms dealers, and requires that
any ordinances to be enacted be reasonable, non-arbitrary and non-discriminatory. He
stated there has to be a very significant justification of why the ordinance would be
enacted.
Mr. Doar said the major function of FFLs is firearm transfers. He said FFLs have to renew
their license every three years which includes a federal inspection. He said many
gunsmiths are often FFL dealers. He stated the vast majority of FFL dealers sell at gun
shops and gun shows and are not handling customer traffic at their front doors. Mr.
Doar said there are important distinctions of the functions of what FFL dealers do that
go beyond the scope of the intent of retail sales. He said prohibiting those functions
would be discriminatory and arbitrary.
Mr. Walther noted that email correspondence opposing the proposed amendment and
comments on 2nd amendment rights had been received and distributed to the
commission at the beginning of the meeting. Email correspondence opposing the
ordinance was received from David H. Anderson, Robert J. De brey, Ryan Daniels, James
Guertin, Taylor Jones, Kevin S., Thomas Knute, Marc Olivier, Matthew Race, Rocky
Vandal and James Allison, 5639 Nicollet Ave., Mpls. Emails were received by city staff
after 3:30 p.m. on September 5, 2018.
The Chair closed the public hearing as no one else was present wishing to speak.
Chair Robertson stated he understands the logic of separating gun sales from
neighborhoods, but a retail gun sale with transfer is different. This kind of firearm sale
is already separated from the neighborhood. He said he wouldn’t vote to approve the
amendment as it seems discriminatory and he doesn’t see that there is an issue. He said
his understanding is that the federal regulations are pretty strict and guns aren’t being
sold out the door. He added that to force someone to rent an office space to do their
business is burdensome and he isn’t comfortable with it.
Commissioner Peilen said she isn’t comfortable with storage and distribution of guns
from homes.
Commissioner Johnston-Madison remarked that she wants to receive more information.
She wants a good reason for the amendment that is definable and explainable. She
stated she wants facts. She referenced a gun study in one of the emails. Commissioner
Johnston-Madison said she’d like to see the item tabled.
The Chair asked Commissioner Franklin, youth member, for her thoughts about gun
issues.
City council meeting of May 20, 2019 (Item No. 8c) Page 14
Title: Zoning ordinance amendment regarding home occupations
Commissioner Franklin responded that students are scared. She said students aren’t
fully educated about this issue. She said the ones who are fully educated about the
issue are speaking up about their fears. She said she would like to know more about
the proposed amendment.
Commissioner Tatalovich stated that none of the emails received appeared to come
from St. Louis Park residents.
Commissioner Tatalovich made a motion recommending tabling the request. He added
that his opinion on this subject is much closer to Commissioner Peilen’s. Commissioner
Johnston-Madison seconded the motion, and the motion to table passed on a vote of 4-
1 (Peilen opposed).
In summary, the Chair requested information on what the city is trying to fix and if there
is an issue to be addressed. Commissioner Johnston-Madison asked to know why the
council is recommending this and if there are any studies that we should be aware of.
Commissioner Peilen added that details regarding home based sales need to be
developed.
Mr. Walther asked commissioners in clarifying the ordinance broader restrictions on
retail sales if they wanted it to be more restrictive or less restrictive than the current
rules.
The Chair responded it needs to be more defined.
Commissioner Tatalovich spoke about finding a certain threshold the city should be
looking at in terms of home occupations and retail sales.
Commissioner Peilen said a lot of people could be put out of business so a greater
definition of what is allowed and what isn’t allowed needs to be determined.
City council meeting of May 20, 2019 (Item No. 8c) Page 15
Title: Zoning ordinance amendment regarding home occupations
October 3, 2018 planning commission study session minutes (excerpt)
2. Discussion upcoming applications
Sean Walther, Planning and Zoning Supervisor, spoke about firearm sales and home
occupations. He provided some background for commissioners who did not attend the
public hearing on September 5, 2018. He distributed an information summary of a
recent case regarding a City of Minneapolis ordinance which restricted where firearm
sales can be located. He said St. Louis Park is able to regulate this and this is a local
policy question. He spoke about retail sales and how that can be defined. He said he is
continuing to look for examples and guidance on how the city might address this.
Commissioner Peilen commented about the need to flesh out language in the clause in
the current ordinance about the sales of goods manufactured outside the home.
Something is needed to provide guidelines.
Chair Robertson said he agreed and said he didn‘t think reading it literally is what the
city wants to do.
Gary Morrison, Assistant Zoning Administrator, said he doesn’t hear complaints about
home sales of make-up or clothing. He said he does receive complaints when sales are
regularly occurring at a residence. The subject is generated on a complaint basis or in
conversations with a new business seeking guidance.
It was suggested that non-transference of goods on premise might be included in a
definition of what is allowed.
Mr. Walther shared ordinances from Stillwater and Roseville. Other resources discuss
transfer of goods, dispatching and employees coming in to the site.
The Chair said he continued to ask why the ordinance might be necessary. He asked
why one product would be singled out. He said it’s necessary to explain why.
Commissioner Tatalovich spoke about threshold of activity and specifying what makes a
business more disruptive or conspicuous.
Mr. Walther asked commissioners to direct additional questions and issues to him prior
to the Planning Commission’s next consideration of the zoning ordinance amendment to
help staff prepare for the meeting.
City council meeting of May 20, 2019 (Item No. 8c) Page 16
Title: Zoning ordinance amendment regarding home occupations
February 20, 2019 planning commission study session minutes (excerpt)
2. Home Occupations (no written report)
Mr. Walther reviewed staff’s responses to questions the planning commission raised
regarding firearm sales following the public hearing.
As of January 2019 there are six federal firearm licensed holders (FFL) in St. Louis Park.
Five of those are home occupations and Frontiermen is the sixth. All responsible persons
go through an extensive process including background checks and an in-person
interview, done by the Bureau of Alcohol and Tobacco Firearms and Explosives.
City staff has tried to find the research mentioned in one of the letters received during
the public hearing, but no such study has been found. The closest thing staff found was
a study to do a study, which did not appear to have any bearing on the current
discussion
The planning commissioners had also asked if there have been incidences of violence at
or due to the home based firearm sales, in comparison with commercial locations. The
police department reviewed all police calls within the past ten years at all addresses that
hold FFL’s and there were no incidences of violence, burglary or stolen inventory
reported.
Commissioner Robertson asked why is this being proposed? He stated he feels this is a
mis-direction in response to the concerns brought up by the students at St. Louis Park
after the Florida High School shooting and this may not be enough of an action.
Mr. Walther acknowledged that the students’ concerns initiated the city council’s
inquiry regarding city firearm sales regulations and policies in the city. This proposed
change to the home occupations regulations is being proposed, because that review
highlighted discrepancy in city policy, whereby firearm sales in commercial districts are
prohibited from being within 350 feet of a residential area, and yet firearm sales are
being allowed as a home occupation in a residential property. This change would
prevent any more home occupations from starting up. This does not eliminate the
current businesses that are already operating. Those home occupations would be
allowed to continue as a non-conforming use, because they were operating before the
new rules were adopted. It would also prevent existing home occupations from
expanding.
Commissioner Kraft stated the city may want to take a position to prevent new FFL
home occupations from coming into the community. It might be something we should
change now and put into effect to save from the trouble of doing it in the future when
there may be more businesses effected.
Chair Eckholm asked if rules should be added to further regulate the FFL home
occupations, if not prohibiting them, in order to ensure that if problems occur in the
future, that the city could act to achieve compliance or shut them down.
City council meeting of May 20, 2019 (Item No. 8c) Page 17
Title: Zoning ordinance amendment regarding home occupations
Commissioner Robertson believed this ordinance isn’t addressing the concerns of the
students and protecting them from violence. With the request of change from the
students within St. Louis Park it’s not enough of a difference moving forward and then
telling them something was done.
Commissioner Carper suggested examples of other regulations that may be put into
place.
Discussion from group ended with agreement of sending out another public hearing
notification as it has been some time since the hearing was held and to gather the
feedback from council when it moves forward.
City council meeting of May 20, 2019 (Item No. 8c) Page 18
Title: Zoning ordinance amendment regarding home occupations
April 3, 2019 Unofficial planning commission study session minutes (excerpt)
Mr. Sean Walther, Planning and Zoning Supervisor, presented the staff report.
Commissioner Peilen asked why the City of St. Louis Park would care what happens within
the house.
Commissioner Carper asked about the same issue as Commissioner Peilen and added, how
we would address the issue of space that is allowed within a home when it comes down to
a full basement.
Mr. Walther responded that staff would consider that to be one room.
Commissioner Carper asked if that would mean it’s impossible to have any of the business
upstairs above the basement, would it all need to be downstairs?
Mr. Walther responded that in that situation that would be correct.
Commissioner Carper asked about business not being able to be conducted within in any
attached or detached accessory building, would this also mean they cannot use the
accessory building for storage.
Mr. Walther responded that if the items are specifically related to the home occupation
then it would be prohibited, but if the items could be used for the principal use of the site,
which is a residence, then that may be allowed. It’s a fine line but this rule has been in
place for many years. Additionally, this is not a change that’s being proposed, this is the
current regulation.
Commissioner Carper asked how we can go about changing this rule.
Mr. Walther responded that if there was complete agreement in what the rule ought to be
the commission could make the change and edit the rule this evening. If it’s something that
will need additional discussion, it would be best to hold off to discuss this at a future date.
Commissioner Peilen asked when this item would be going to council.
Mr. Walther responded if it’s moved on this evening, it will likely go to council in May.
Commissioner Peilen stated if this is the current rule, then we’re debating something that’s
already been adopted by a previous council.
Commissioner Carper brought up the issue of only being able to have items related to the
home reside in an accessory building and related it to a possible mailing business where
you may need to ship things out. This would require you to have a scale for weighing
packages, packing materials and other various material to get the job done. These items
aren’t usually found in the home.
City council meeting of May 20, 2019 (Item No. 8c) Page 19
Title: Zoning ordinance amendment regarding home occupations
Commissioner Carper asked about the policy regarding no person should be employed at
the residence who does not legally reside in the home, the exception being a licensed
group family. He asked if this is only full-time employment, or are we itemizing any type of
employment? He provided an example of a business owner having their book keeper
coming in to do paperwork and financials for the business. The rule would say they could
not come in because they are an employee of the home owner.
Mr. Walther responded that this is a fine point, but if they are employed simply and only
by that business, that would not be allowed if they’re not residing on the site. This policy is
intended for the residence of the home who is running the business, not for outside
employees being dispatched to the location.
Commissioner Carper asked about how the businesses were chosen to be excluded as
home occupations.
Mr. Walther responded he can only speak on the items that were added, not to the
previous uses already listed. The newly listed items are added because zoning includes
restrictions from being located within a certain distance to residential and so therefore
should not be allow in residences and residential zoning districts.
Commissioner Johnston-Madison said she shares similar issues of that of Commissioner
Peilen and Commissioner Carper. She stated the commissioners were asked if they would
agree to add restricting firearm sales as a home occupation. Planning commission learned
more about the ordinance that has been in effect for several years and hasn’t been
reviewed for some time. Commissioner Johnston-Madison said she wants to review this
ordinance further to make more changes to the policy.
Commissioner Carper asked Mr. Walther about the repetition of the ordinance in multiple
sections.
Mr. Walther explained that the home occupation rules are listed in each residential zoning
district under the accessory uses that are allowed in the district. This makes the rules
easier to find for residents when viewing the uses allowed in the district they live in.
Commissioner Robertson asked about the accessory building section where it discusses
attached and detached accessory buildings and clarified that an attached accessory
building would include an attached garage.
Mr. Walther responded in the affirmative.
Chair Eckholm opened the public hearing. As no one was present wishing to speak, the
Chair closed the public hearing.
Commissioner Kraft commented that she can buy the argument on the suggested
exclusions for home occupations as those uses already are required to be a certain
distance away from residential. It would seem counterintuitive to then allow them to be a
home occupation.
City council meeting of May 20, 2019 (Item No. 8c) Page 20
Title: Zoning ordinance amendment regarding home occupations
Commissioner Roberts said he agrees with Commissioner Johnston-Madison, that the
ordinance needs to be relooked at. Having issues with how the ordinance is and adding to
it does not help it, nor does it seem necessary.
Commissioner Peilen said some of the proposals could have a negative impact on people’s
ability to be successful in a home-based business. She offered a motion to strike the rule
that says, “Space within the dwelling devoted to the home occupation does not exceed
one room or 10 percent of the floor area whichever is greater”.
The chair said the motion is on the table and asked if anyone would second. There was no
second on the motion.
Mr. Walther added that the purpose behind having a restriction on the amount of space in
the home that is used for the home occupation is to get at the heart of this as an accessory
use. It is common to find this rule in an ordinance like this throughout the country,
whether 10% is the right number is another question.
Commissioner Peilen responded that what makes the use incidental is the frequency.
Commissioner Carper commented that we need something that will restrict but doesn’t
leave the door open for abuse.
Commissioner Peilen stated there is never going to be a perfect ordinance. Someone can
always find a way around one if they want to and felt this will do more harm than good.
She shared a hypothetical example when using more than one room or 10% of a house
may be needed at times. She stated she is open to redefining the amount of space.
Commissioner Robertson said he believes there should be a percentage and 10% seems
too low, but that it also should be noticeably less than 50% because we do want it to be an
accessory use. The ordinance needs to be reworked and he does not want to approve
anything to move ahead without doing so.
Commissioner Peilen withdrew her previous motion.
Commissioner Carper responded that the commissioners were brought the ordinance
solely look at firearm sales in the home and have discovered that there’s other issues in
terms of appropriate restriction within the ordinance. It’s important this ordinance not go
through and to start immediately convening study sessions to work on redoing the
ordinance.
Commissioner Johnston-Madison said if they are to consider adding the five categories she
is against it.
Commissioner Kraft added that a lot of the issues everyone seems to have with this
ordinance are already in effect today and having everyone vote for this or against it
City council meeting of May 20, 2019 (Item No. 8c) Page 21
Title: Zoning ordinance amendment regarding home occupations
doesn’t change those items. It’s something everyone should be considering while voting
tonight.
Commissioner Robertson made a motion to not approve these changes to the zoning code.
Commissioner Johnston- Madison seconded the motion.
Commissioner Peilen said she also supports the motion, but she comes from a different
place because she would like to support the restriction of firearm sales. She is tempted to
vote for it, but cannot support the overall proposal.
Chair Eckholm said he also supports the firearm restrictions as written as well as the other
four businesses, but the topic has revealed deeper issues with this ordinance that need to
be addressed that might not ever be addressed if we just pass it as written.
Commissioner Carper said if we were to prevent firearm sales under this ordinance it
wouldn’t make any difference in terms of gun ownership to people who live in St. Louis
Park, Minneapolis, Minnesota and the United States. He continued his response by saying
it doesn’t cut off a supply of guns to criminals or anyone else and if we were to add
another gun seller to the city it wouldn’t make a big difference either due to how well
regulated they are.
Commissioner Robertson presented the motion again, to not approve the changes to the
zoning code, and the motion passed on a vote of 4-1-1 (Commissioner Kraft opposed, Chair
Eckholm abstained).
GUN OWNERS CAUCUS
Mayor Jake Spano
Commissioner Carl Robertson
Comm issioner Clauda Johnston-Madison
Comm issioner Jessica Kraft
Comm issioner Lisa Peilen
Comm issioner Lynne Carper
Comm issioner Matt Eckholm
Commissioner Joe Tatalovich
City Manager Tom Harmening
City of Saint Louis Park
5005 Minnetonka Blvd
St. Louis Park, MN 55416
September 5, 2018
Dear Mayor, Planning Commissioners, and Mr. Harmening,
The Minnesota Gun Owners Caucus is the largest and leading gun rights organization in Minnesota. We
represent the interest of Minnesota's more than two-and-a-half million law-abiding gun owners.
We write again, some of you for the first time, warning about a proposed ordinance that is currently
pending for discussion by the Planning Commission this week that would prohibit home-based Federal
Firearms Licensees from operating in the City of St. Louis Park.
The City and its elected officials have yet to put forward any sort of a rationalization for limiting home-
based Federal Firearms Licensees. There is absolutely no evidence or studies that show that home-
based FFLs are somehow responsible for an increase in violent crime, criminal activity involving firearms,
or school shootings.
As your City Attorney has previously made you aware, the authorities granted to local governments for
firearms regulation only permit regulating the discharge of a firearm and implementing zoning ordinances
for gun shops that are "reasonable, nondiscriminatory, and nonarbitrary" (MN 471.633 & 471.635).
Minnesota law also supersedes any regulation of the carrying of possession of firearms in MN 624. 717.
Please take the necessary steps to ensure that any potential ordinances are considered in the scope of
legal authority for a city in the State of Minnesota. Similar ordinances and policy provisions have been
litigated here and in other states and strong precedent has been set that protects an individual's right to
access, keep, and bear arms.
PO Box 131718- Saint Paul, MN - 55113-0015 ] +1-612-424-4032 [ contact@ gunowners.mn
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 22
GUN OWNERS CAUCUS
Again, we're willing to be a part of any discussion on these complex issues and provide the perspective of
Minnesota's law-abiding gun owners.
We would urge that this ordinance be struck down in the process and the council's attention turned to
efforts that would actually impact violent crime and criminal activities involving firearms.
We'll continue to monitor further developments on this issue in your city.
Bryan Strawser
Chair
~ ~ / } !-
Rob Doar
Political Director
PO Box 131718 - Saint Paul, MN- 55113-0015 ] +1-612-424-4032 I contact@gunowners.mn
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 23
Nancy Sells
From:
Sent:
To:
Subject:
Thomas Knute
Wednesday, September 05, 2018 3:04 PM
Sean Walther
Gun Proposal
This is against the constitution and I hope you don't go through with a senseless law. I will never go to this town
again if this passes and move my business elsewhere.
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 24
Nancy Sells
From:
Sent:
To:
Subject:
Rocky V.
Wednesday, September 05, 2018 3:13 PM
Sean Walther
Banning homebased FFL's
Hi Mr. Walther,
To start, a brief background on myself.
I have legally carried and currently carry a firearm in the best interest of Personal, Public and Federal
Safety and Security. I have been doing this for over 3 decades.
Banning home based FFL's for the reason of "just because" or "we have to do something" is illogical,
irrational and down right immature. There are better solutions to achieve a better result.
Please don't allow this to happen.
Thank you,
Rocky Vandal
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 25
From: Robert De brey
Sent: Wednesday, September 05, 2018 3:27 PM
To: Sean Walther
Subject: home gun sales
M r.W a lth e r:
I a m a re sid e n t o f a co mmunity near St. Louis Park.
I w rite to ask th a t yo u r co m missio n e rs ab a nd o n th e ir
effort to limit firearm sales from private homes. This
is AMERICA, and the constant legal limitations imposed
on our citizen's private lives is becoming overbearing.
Such a law only punishes law-abiding citizens, making
life more difficult. Gun laws are not working in Chicago
a n d th e y w ill no t w o rk in St. Louis Park for the same
re a so n s.
R o b e rt J. D e b re y
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 26
Sean Walther
From:
Sent:
To:
D avid H A nd erso n
Wednesday, September 05, 2018 4:40 PM
S ean W alther
you r b ann ing of ff l's in your city serves no purpose ! thank you, david anderson
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 27
Sean Walther
From:
Sent:
To:
Subject:
James Guertin
Wednesday, September 05, 2018 4:40 PM
Sean Walther
Gun ban
Hi, I am a person who frequently visits St. Louis Park and I don't think an FFL dealer ban is the appropriate
measure to secure our schools etc. There are many other options that don't include prohibiting the actions of law
abiding citizens. Please drop the proposed FFL dealer ban in your jurisdiction. Thank you for your service and
consideration.
Sent from Yahoo Mail on Android
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 28
Sean Walther
From:
Sent:
To:
Subject:
Marc Olivier
Wednesday, September 05, 2018 4.50 PM
Sean Walther
Banning Home-based Federal Firearms Dealers
Dear Mr. Walther:
I am a law-abiding taxpayer and gun owner who votes with my ballots as well as my dollars. I shop and visit St. Louis
Park, but that is subject to change. It has come to my attention that yet another act of discrimination is being planned, a
ban on home-based federal firearms dealers. This latest outrage directed at gun owners and the Second Amendment
discriminates against home-based businesses solely on the grounds of an unconstitutional -and demonstrably irrational-
bias.
These kinds of actions must stop, and St. Louis Park stands to lose sales revenue from me if it continues.
Sincerely,
Marc Olivier
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 29
Sean Walther
From:
Sent:
To:
Subject:
Taylor Jones
Wednesday, September 05, 2018 4:56 PM
Sean Walther
Home based FFL Ban
I'm deeply disturbed by the commissions recent attempt to limit home based businesses in St. Louis Park. Limitations on
the second amendment notwithstanding, (and with your egregious disdain for self defense and the constitution noted) I
find it incredibly upsetting that you feel you have the moral authority to propose restricting what forms of lawful
commerce may be carried out in the city.
Home based businesses provide valuable income for numerous families, and allow for members of the community to
shop with their neighbors instead of being required to go to large retailers with high overhead costs that lead to
exorbitant prices on firearms that many need for the lawful defense of themselves and their property. By limiting the
number of small and independent FFL's available to consumers, you'll be making it harder for low income individuals to
buy guns legally online and transfer them through an affordable dealer. Large storefront locations often require large
fees in order to process the required background check that goes along with buying a firearm online, something that
home-based FFL's are especially adept at, and who often only charge a small fee. Limiting the number of options for
these already cash-strapped consumers looking to defend themselves just makes noncompliance with existing laws
more likely than ever.
This is an obvious attack on the gun rights of Minnesotans from an elitist group of local politicians who hold The Bill of
Rights and its protections with contempt. This is an attack on the self defense rights of the poor and the vulnerable. And
this is undoubtedly an attack on the regular folks who wish to exercise their rights as provided for under the US
Constitution.
Sincerely,
Taylor Jones
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 30
Sean Walther
From:
Sent:
To:
Subject:
james.
Wednesday, September 05, 2018 5:13 PM
Sean Walther
FFL and gun regulations.
Mr . Walther,
I understand the desire and the need to protect our communities and our children as everyone from every angle
has that goal as their desired outcome.
And as someone that not only cares about my comm unity and the neighboring Comm unity but also shops
regularly in St Louis Park I am concerned on this issue to.
The one thing I do whenever an issue is of important to me is I look at the facts. Some of the most relevant facts
concerning this issue can be found in the 2013 CDC research done by the order of President Barack Obama.
President Obama wanted to base his new gun regulations on facts in order to reach a desired outcome, so he
ordered the CDC to do research.
He found out a number of things. One thing is back in the 90s when the CDC did their last study they found out
that legal gun owners stop millions of violent crimes per year. And the new 2013 study found that legal gun
owners still stop millions of violent crimes per year.
We can also see that the areas with increased gun regulations have increased gun violence.
Another thing that they found in the 2013 study that they did not study into it all in the 90s was How likely a
legal gun owner that legally Carries a Gun is going to comm it a crime. Prior to the 2013 study off duty police
were considered the least likely group of people to ever comm it a crime in our nation. In the 2013 study the
CDC found out that legal gun owners that legally carry their guns are 6 times less likely to commit crimes than
even off-duty police officers.
One last thing is that we found out is that almost 100% of all crimes comm itted with guns are done by felons
with illegally obtained guns.
With the fact that the 2013 CDC study showed that legal gun owners not only stop millions of violent crimes
but are less likely to ever commit a crime and that almost 100% of gun crimes are done by felons that illegally
obtained guns we have also been able to see that the areas that stop legal gun use ownership or sales are the
exact areas that have gun crime increase on a regular basis.
Wh ile considering your decision on what to do in St Louis Park please keep in mind the biggest study ever done
into gun violence. You can go and read the rest of the study and you will find that throughout the whole thing it
was proven time and again that when gun regulations effect normal law obiding citizens it creates more
violence not less.
It is not a coincidence that the areas of our country that have increased there gun regulations have also increased
there gun violence.
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 31
Thank you
James allison
5639 nicollet ave
Minneapolis.
2
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 32
Sean Walther
From:
Sent:
To:
Subject:
Matthew R
Wednesday, September 05, 2018 5:13 PM
Sean Walther
Banning of licensed firearm dealers.
I oppose the attem pt to restrict the rights of sm all businesses to opera te law fu lly within St. Louis Park.
Federa l Firearm s Licensees are subject to a thoro ugh backr ound check befo re being issued a license. T his
pro cess includes finger printing, photogra phs, and interview s w ith AT F field agents. T hey are subject to audits
and ra ndom inspection by the ATF.
They are not a contributing factor to crime of any trype.
This attempt to restrict lawful business and prevent access to a constitutional right is disgusting. It is
unam erican, and makes me feel ashamed to be a resident of the state of Minnesota.
Sincerely,
M atthew Race
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 33
S e a n W a lth e r
From:
Sent:
To:
Subject:
kevin
Wednesday, September 05, 2018 5:18 PM
Sean Walther
Tyranny
I think it is great for those who hate our constitution to stand up and proclaim it. We need to know who they are.
For decades people who despise our fundamental rights have hidden it and pretended they were Americans.
So do what ever you would do. Violate people's 2nd Amendment Rights or let people know you are an American... You
can't do both at the same time.
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 34
Sean Walther
From:
Sent:
To:
Subject :
Ryan Daniels
Wednesday, September OS, 2018 5:18 PM
Sean Walther
FFL dealers in your city
I h eard you fo lks are jumping on the m isguide d anti-2nd am endm ent bandw agon. A s som eone who
a ctually know s a thing or 2 abo ut the subje ct, I call bs. For years, us "crazy gun nuts" have been
w arn ing p e ople about our tyrannical govern m e nt (on all levels) stripping the rights of law abiding
citizens . W e are told over and over by the anti-gunne rs that they are not after our guns, not anti 2nd
a mendm e nt, and not after law abid ing ci tizens . I say, don't believe them they are lying. I'm here to tell
yo u m o re and m o re people are on to you and fina lly figuring this out. People in this country are
ob livio us and ne ed to lea rn things the ha rd way, the n try to reverse it later. You know darn well
punishing ff l's in your area w ont change a thing so w hy do n't you adm it you are anti 2nd and get it
o ve r w ith?
1
City council meeting of May 20, 2019 (Item No. 8c)
Title: Zoning ordinance amendment regarding home occupations Page 35