HomeMy WebLinkAbout2018/11/26 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA
NOVEMBER 26, 2018
6:30 p.m. STUDY SESSION – Community room
Discussion items
1. 6:30 p.m. Future study session agenda planning
2. 6:35 p.m. Boards and commissions discussion
3. 7:20 p.m. Review revised draft of 2019 legislative issues and priorities
4. 8:05 p.m. Retail, service and off-sale liquor store size requirements
8:30 p.m. Communications/updates (verbal)
8:35 p.m. Adjourn
Written reports
5. October 2018 monthly financial report
6. Zoning guidelines for ground floor window transparency requirements
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.
Meeting: Study session
Meeting date: November 26, 2018
Discussion item: 1
Executive summary
Title: Future study session agenda planning
Recommended action: The city council and city manager to set the agenda for the special study
session scheduled for December 3, 2018 and the regularly scheduled study session on
December 10, 2018.
Policy consideration: Not applicable.
Summary: This report summarizes the proposed agenda for the special study session scheduled
for December 3, 2018 and the regularly scheduled study session on December 10, 2018. Also
attached to this report is the study session discussion topics and timeline.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: Tentative agenda – December 3 and 10, 2018
Study session discussion topics and timeline
Prepared by: Debbie Fischer, Administrative Services Office Assistant
Approved by:
Study session meeting of November 26, 2018 (Item No. 1) Page 2
Title: Future study session agenda planning
December 3, 2018.
6:00 p.m. – Study session – Community room
Tentative discussion items
1.2019 Legislative Priorities and Issues – Administrative services (80 minutes)
Senator Ron Latz, Representative Cheryl Youakim, Representative (and MN Lieutenant
Governor-elect) Peggy Flanagan, Hennepin County Commissioner Marion Greene and
Metropolitan Council representative Gail Dorfman have been invited to discuss the
upcoming session and the city’s legislative agenda.
December 10, 2018.
5:30 p.m. – Closed executive session – Westwood room
1.2018 City manager performance evaluation – Administrative services (60 minutes)
Consultant Scott Morrell, Rebar Leadership will facilitate the discussion on the information
gathered regarding the annual evaluation for City Manager Tom Harmening.
6:30 p.m. – Study session – Community room
Tentative discussion items
1.Future study session agenda planning – Administrative services (5 minutes)
2.HRC opinion re: immigrants who are undocumented proposal – Administrative services (60
minutes)
Response from HRC to St. Louis Park City Council regarding the abolishment of U.S.
Immigration and Customs Enforcement and federal immigration enforcement actions.
3.Crime free ordinance – Police (60 minutes)
Provide an update and discussion on the city’s Crime-Free Housing Ordinance.
4.Review agenda for council retreat – Administrative services (30 minutes)
Discuss the proposed agenda for the city council workshop scheduled for January 10-11,
2019.
Communications/meeting check-in – Administrative services (5 minutes)
Time for communications between staff and council will be set aside on every study session
agenda for the purposes of information sharing.
Written reports
5.Affordable housing programs follow-up
6.TwinWest BR&E partnership
End of meeting: 9:10 p.m.
Study session meeting of November 26, 2018 (Item No. 1) Page 3
Title: Future study session agenda planning
Study session discussion topics and timeline
Discussion topic Comments Date Scheduled
Living streets policy Written report 11/13/18 Ongoing
Board and commission work plan
process Discussed 7/23. Staff following up. 11/26/18
Retail/service/liquor stores size Discussed on 6/11/18; referred to PC. 11/26/18
Immigration & supporting families Discussed 8/6; referred to HRC; HRC
conducting community meeting in October 11/26/18
Crime free ordinance/affordable
housing strategies
Discussed 5/14/18. 1st reading housing trust
fund 10/1/18; Other affordable housing
strategies/Crime Free Ordinance – Nov/Dec
11/26/18
Firearm sales
Discussed 5/21/18 & 7/23. Written report
provided at 9/24 study session. PC currently
reviewing ordinance options. Policy on city
facilities adopted 10/15
1st Qtr. 2019
Zoning guidelines for front-facing
buildings with windows not papered
Discussed 7/9/18. Referred to PC for review &
recommendation. 1st Qtr. 2019
Design guidelines - New home
construction
Discussed 7/9/18. Referred to PC for review &
recommendation. 1st Qtr. 2019
Finalize Council Norms Reviewed on 5/7/18; adoption postponed on
5/21/18. To be discussed at Jan. Retreat
2019
Workshop
Revitalization of Walker Lake area
Part of preserving Walker building reports:
8/28/17, 9/25/17, 1/22/18, design study 2/12/18,
update 4/23/18, design study update 8/27/18
Ongoing
Discuss and evaluate our public process TBD
Easy access to nature, across city,
starting with low-income
neighborhoods
TBD
SEED’s community greenhouse/resilient
cities initiative TBD
Community center project TBD
Utility pricing policy TBD
STEP discussion: facilities TBD
Establish a local housing trust fund Completed 10/15/18
Meeting: Study session
Meeting date: November 26, 2018
Discussion item: 2
Executive summary
Title: Boards and commissions discussion
Recommended action: Provide time for council to discuss various aspects of boards and
commissions.
Policy consideration:
• Does the city council approve the proposed work plan for the city’s boards and
commissions?
• Does city council need additional information about the annual recruitment process for
the city’s boards and commissions?
Summary: At their meeting on July 23, 2018 the city council was provided with an overview of
the city’s boards and commissions including history, number of members/representatives and
responsibilities. At this meeting the city council and staff discussed the importance of a work
plan structure for all commissions. The city council directed staff to work on a work plan to
clarify expectations, scope of work, and communication between the city’s boards and
commissions and the city council. Staff will present the proposed work plan process and
template.
In addition, staff will present the schedule for the annual recruitment process for boards and
commissions. The appointments to the eight different boards and commissions occur annually.
The application period for the annual appointment process begins January 1, 2019.
Lastly, the annual meeting for boards & commissions with the city council is scheduled for
February 25, 2019 at 5:30 pm in the Council Chambers at City Hall.
Financial or budget considerations: Not applicable
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Work plan template
Prepared by: Maria Carrillo Perez, Management Assistant
Approved by: Nancy Deno, Deputy City Manager/HR Director
Study session meeting of November 26, 2018 (Item No. 2) Page 2
Title: Boards and commissions discussion
Discussion
Board and Commission Work Plans
Background: On January 9, 2017, (agenda (page 41) and minutes (page 6)) the council reviewed
a work plan process and discussed a more defined communication and reporting structure for
boards and commission with council. The city council did not approve of a formal work plan at
the time. On July 23, 2018 (agenda (page 15) and minutes (page 5)) the council was provided
with an overview of the city’s boards and commissions including history, number of
members/representatives and responsibilities. At this meeting the city council directed staff to
work on a board and commission work plan that would clarify expectations, scope of work, and
communication between the city’s boards and commissions and the city council.
The following work plan is proposed for the Environment and Sustainability Commission,
Housing Authority, Human Rights Commission, Parks and Recreation Advisory Commission,
Planning Commission, Police Advisory Commission and Telecommunications Advisory
Commission (note: not applicable to BOZA).
Work Plans: Annual work plans ensure that the priorities of the city council and boards and
commissions are aligned and that the city has the appropriate resources to support board and
commission work. The annual work plan process enables boards and commissions to propose
their goals and initiatives for the upcoming year and provides the city council with the
opportunity to review, comment, and discuss the information with each board/commission
before giving final direction on priorities.
Annual Cycle: Staff liaisons will work with the city’s board and commissions to draft their work
plans. The city council will review the proposed work plans and provide feedback. Staff will
schedule a 30 minute meeting with each of the staff liaisons and chairs in the spring. The work
plans can be modified to add or deleted items by mutual agreement during a joint work session
or by city council approval at a council meeting. The city council can direct a change to any of
the board and commissions work plans at their discretion.
Format (see the attached draft template): Each board and commission will use the same work
plan template in order to maintain a universal process. The document asks for a time frame,
description of initiative, if it applies to the strategic priorities, its purpose and the outcome. The
purpose is used to provide clear and specific approval from the city council to the board and
commission on each initiative. All initiatives must get approval from the city council. Purpose
definitions:
•Commission Initiated Project: Project initiated by the board or commission
•Council Initiated Project: Project tasked to a board or commission by the city council
•Report Findings: Council initiated. Board and commission will study a specific issue or
topic and report its findings or comments to the city council in writing. No direct action
is taken by the board/commission.
•Formal Recommendations: Council initiated. Board and commission will study a specific
issue or topic and makes a formal recommendation to the city council on what action to
take. A recommendation requires a majority of the commissioners’ support.
Study session meeting of November 26, 2018 (Item No. 2) Page 3
Title: Boards and commissions discussion
The work plan template also includes a parking lot section. In this section, board and
commissions and the city council can keep track of the items that are being considered but
have not been proposed in the annual work plan. City council approval is needed if the board
and commission decides to move forward with an item.
Next Steps:
• If the city council agrees with the proposed work plan process, staff will prepare
instruction materials for each board/commission chair for distribution in December.
• Staff liaisons will receive training on creating work plans.
• The city’s boards and commissions will be tasked with creating a work plan this winter.
• Council will review the proposed work plans and meet with staff liaison and chair this
spring.
Annual board and commission recruitment process: Appointments to the eight different
boards and commissions occur annually. The application period for the annual appointment
process begins January 1, 2019. City staff will advertise and recruit applicants until February 28,
2018. In March the city council will review and evaluate the applications submitted. Candidate
interviews will be held late April/early May. Formal appointments will go to the city council for
approval at the second regular meeting in May. Terms for newly appointed board/commission
members begin on May 31.
Proposed annual recruitment schedule:
Date Action
January – February 1. Advertisement and recruitment activities
2. Application system available online
February 28 Application deadline
Week of March 4 Applications provided to council for
review and scoring
March 30 Council scores due to admin services and selection
of candidates for interview
April 8-15 Notify candidates of application status and
schedule interviews
April 29 Candidate interviews at City Hall
May 3 Candidate interviews at City Hall
May 10 Appointment recommendations due to staff
May 20 Formal approval of appointments
Annual board and commission meeting: Lastly, the annual meeting for boards and
commissions with the city council is scheduled for February 25, 2019 at 5:30 pm in the council
chambers at city hall. Similar to years past, each commission will be given a few minutes to
review highlights from the past year.
Board and Commission
Annual Workplan
Approved: February 25, 2019
Updated:
1
Work Plan Template│ (Insert name of board/commission here)
City of St. Louis Park Strategic Priorities
1.St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all.
2.St. Louis Park is committed to continue to lead in environmental stewardship.
3.St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development.
4.St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably.
5.St. Louis Park is committed to creating opportunities to build social capital through community engagement
OR Other
Time
Frame
Initiative Strategic
Priorities
Purpose
(see page 2 for definitions)
Outcome (fill in after
completed)
☐New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☐ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☐Formal Recommendation (council
requested)
☐New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☐ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☐Formal Recommendation (council
requested)
☐New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☐ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☐Formal Recommendation (council
requested)
☐New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☐ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☐Formal Recommendation (council
requested)
Study session meeting of November 26, 2018 (Item No. 2)
Title: Boards and commissions discussion Page 4
Board and Commission
Annual Workplan
Approved: November 19, 2018
Updated:
2
Purpose: definitions
Modifications:
Work plans may be modified, to add or delete items, in one of three ways:
•Work plans can be modified by mutual agreement during a joint work session.
•If immediate approval is important, the board or commission can work with their staff liaison to present a modified work plan for city
council approval at a council meeting.
•The city council can direct a change to the work plan at their discretion.
•Project initiated by the board or commission
Commission Initiated Project
•Project tasked to a board or commission by the city council
Council Initiated Project
•Initiated by the city council
•Board and commission will study a specific issue or topic and report its findings or comments to the city council in
writing
•No direct action is taken by the board/commission
Report Findings
•Initiated by the city council
•Board and commission will study a specific issue or topic and makes a formal recommendation to the city council on
what action to take
•A recommendation requires a majoirty of the commissioners' support
Formal Recommandation
Study session meeting of November 26, 2018 (Item No. 2)
Title: Boards and commissions discussion
Page 5
Board and Commission
Annual Workplan
Approved: November 19, 2018
Updated:
3
Parking Lot
Items that are being considered by the board/commission but not proposed in the annual work plan. Council approval is needed if the
board/commission decides they would like to move forward with an initiative.
Initiative Comments:
Study session meeting of November 26, 2018 (Item No. 2)
Title: Boards and commissions discussion
Page 6
Meeting: Study session
Meeting date: November 26, 2018
Discussion item: 3
Executive summary
Title: Review revised draft of 2019 legislative issues and priorities
Recommended action: The purpose of this discussion is to provide council with an updated
draft list of legislative issues and priorities. Staff asks for council feedback on the attached draft
document.
Policy consideration:
• Does the city council agree with the revised draft list of 2019 legislative issues and
priorities?
• Does the city council agree with the proposed top legislative priorities?
Summary: The state legislature will be convening the 91st session on Tuesday, January 8, 2019.
Similar to previous years, staff presented a draft list of legislative issues and priorities for review
to the city council on October 22, 2018. The revised draft includes changes based on the council
discussion. As the 2019 legislative session progresses, additional issues may arise that can be
addressed as necessary. The final version will be presented at a special study session on
December 3, 2018 to the city’s legislators, county commissioner and Met Council
representative.
The city has a practice of retaining lobbying services to assist with legislative and regulatory
issues. Administrative Services has used Doug Franzen and Vic Moore of Franzen & Associates,
and Emily Tranter of Lockridge, Grindal, and Nauen.
Financial or budget considerations: Funding for lobbyists is included in the budget.
Strategic priority consideration:
• St. Louis Park is committed to being a leader in racial equity and inclusion in order to
create a more just and inclusive community for all.
• St. Louis Park is committed to continue to lead in environmental stewardship.
• St. Louis Park is committed to providing a broad range of housing and neighborhood
oriented development.
• St. Louis Park is committed to providing a variety of options for people to make their
way around the city comfortably, safely and reliably.
• St. Louis Park is committed to creating opportunities to build social capital through
community engagement.
Supporting documents: Discussion
Revised draft of 2019 legislative issues and priorities
Agenda October 22, 2018 (page 72)
Prepared by: Maria Carrillo Perez, Management Assistant
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Study session meeting of November 26, 2018 (Item No. 3) Page 2
Title: Review revised draft of 2019 legislative issues and priorities
Discussion
Background: The state legislature will be convening on Tuesday, January 8, 2019. Staff has
revised the draft 2019 legislative priorities and issues based on the council discussion from
October 22, 2018. All changes are highlighted in yellow in the attached document.
Additional Resources:
League of Minnesota Cities
LMC Legislative Action Center
LMC 2018 Policies
Policy Committees
Metro Cities
Metro Cities Legislative Policies
Policy committees
Timeline:
• Monday, October 22- Council review draft 2019 legislative issues and priorities
• Monday, November 26- Council review updated draft 2019 legislative issues and
priorities
• Monday, December 3- Council will meet with Senator Ron Latz, Representative Cheryl
Youakim, Hennepin County Commissioner Marion Greene and Metropolitan Council
representative Gail Dorfman.
[1]
Table of Contents
Top Legislative Priorities ............................................................................................................. 3
Community Development Issues ................................................................................................ 4
Affordable Housing Financing Bonding Authority: ................................................................................... 4
Establish a TOD Affordable Housing Fund ................................................................................................ 4
Local Housing Trust Funds (LHTF) ............................................................................................................. 4
Reduce 4D Tax Classification Tax Rate and Expand Eligibility to Participation in the Housing Choice Voucher
Program .................................................................................................................................................... 4
Amend State Statute 471.9996 Rent Control Prohibited to Allow for a 90 Day Tenant Protection Period
Following the Transfer of (NOAH) Property Ownership ........................................................................... 5
Establish revenue resource for Inclusionary Housing Fund ..................................................................... 5
Tax Credit Contribution Fund ................................................................................................................... 5
Rental Rehab Loan Program for small to medium size developments in seven county metropolitan area
.................................................................................................................................................................. 6
Housing construction - Limiting Local Regulatory Authority .................................................................... 6
Affordable housing fee on new development .......................................................................................... 6
Maintain Local establishment of appropriate fee-for-service programs ................................................. 7
Safe guard public code administration employees .................................................................................. 7
Other Community Development Issues ....................................................................................... 7
TIF District Statutory Modifications ......................................................................................................... 7
DEED Program Funding ............................................................................................................................ 8
Special Service Districts Statutory Authority ............................................................................................ 9
Perspectives Bonding Request ................................................................................................................. 9
Transportation Issues ................................................................................................................. 9
Redesign and Reconstruction of CSAH 25 ................................................................................................ 9
Texas Avenue/ Minnetonka Blvd intersection ....................................................................................... 11
Louisiana Bridge reconstruction ............................................................................................................. 11
Transportation funding........................................................................................................................... 12
Transit financing ..................................................................................................................................... 12
Motor Vehicle Lease Sales Tax ............................................................................................................... 13
Xcel Energy Utility Relocation................................................................................................................. 13
Automated Vehicles ............................................................................................................................... 14
Public Safety Issues ................................................................................................................. 14
Police Trainee/Non-traditional Pathway to Policing Program ............................................................... 14
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 3
[2]
Railway Safety of Hazardous Materials and Oil Train Operations .......................................................... 15
Oppose statutory prohibition on residential fire sprinklers ................................................................... 16
Oppose expansion of legal fireworks ..................................................................................................... 16
Continued Health Insurance Coverage for Disabled Public Safety Officers ........................................... 16
Permit to Purchase Firearms/Permit to Carry ........................................................................................ 17
Protecting the Privacy and Safety of Public Officials and Peace Officers ............................................... 17
Criminal Background Checks .................................................................................................................. 17
First Responder Protection Act .............................................................................................................. 18
State wide data collection on race and/or ethnicity for stopped motorist’s ......................................... 19
General Issues ......................................................................................................................... 19
Local Control ........................................................................................................................................... 19
Levy Limits .............................................................................................................................................. 19
Local Government Aid ............................................................................................................................ 20
Legal Notices: Eliminate Requirement for Paid Publication ................................................................... 20
Environment and Sustainability (Climate Action Plan) (Request directed to State Legislature) ............ 20
Emerald Ash Borer .................................................................................................................................. 21
Records Retention Related to Correspondence ..................................................................................... 21
Telecommunications and Information Technology ................................................................................ 21
Cable Franchising Authority ................................................................................................................... 22
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 4
[3]
City of St. Louis Park
2019 Legislative Issues
Top Legislative Priorities
There are forty-three issues identified in the attached 2019 legislative issues and priorities document.
Of all of the issues identified, the following are the highest priorities of the City Council:
Community Development/Housing (pages 4 – 7)
The issue of affordable housing is of significant importance to the City Council and is a clear reflection
of the concerns of the community. In the attached document, starting on the first page, is a menu of
seven different measures the City Council feels should be pursued as follows:
•Affordable Housing Financing Bonding Authority (Request directed to State Legislature)
•Establish a TOD Affordable Housing Fund (Request directed to State Leg./Hennepin Co)
•Local Housing Trust Funds (Request directed to State Legislature)
•Reduce 4D Tax Classification Tax Rate and Expand Eligibility to Participation in the Housing
Choice Voucher Program (Request directed to State Legislature)
•Amend State Statute 471.9996 Rent Control Prohibited to Allow for a 90 Day Tenant Protection
Period Following the Transfer of (NOAH) Property Ownership (Request directed to State
Legislature)
•Establish revenue resource for Inclusionary Housing Fund (Request directed to State Legislature)
•Tax Credit Contribution Fund (Request directed to State legislature)
•Affordable Housing – Not limiting Local Authority (Request directed to State Legislature)
•Rental Rehab Loan Program for small to medium size developments in seven county
metropolitan area (Request directed at the State Legislature)
•Affordable housing fee on new development (Request directed to State Legislature)
Transportation (pages 4-7)
•The Redesign and Reconstruction of CSAH 25 by Hennepin County (Request directed to
Hennepin County)
•Texas Avenue/ Minnetonka Blvd intersection reconstruction (Request directed to Hennepin Co.)
•Louisiana Bridge reconstruction (Request directed to State Legislature)
•SWLRT (Request directed to Hennepin County and Met Council)
•Transportation and Transit Financing (Request directed to State Legislature)
Public Safety (page 9-14)
•Maintain and increase funding for the Police Trainee/Non-traditional Pathway to Policing
Program (Request directed to State Legislature)
•Criminal Background Checks (Request directed to State Legislature)
General (page 19-23)
•Local Control (Request directed to State Legislature)
•Environment and Sustainability (Climate Action Plan) (Request directed to State Legislature)
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 5
[4]
City of St. Louis Park
2019 Legislative Issues
Community Development Issues
Affordable Housing Financing Bonding Authority: (Request directed to State Legislature)
Issue: In the 2017 legislative session, the legislature provided $77 million in bonding authority to
construct and preserve affordable housing, improve existing public housing and to expand support for
homeless programs. Although the 2017 bonding authority amount is significant, the continued
demand for affordable housing warrants the need for additional Housing Infrastructure (HIB) and
General Obligation (GO) Bonds for affordable housing. GO bonds can be used to rehabilitate or
construct new public housing. HIB bonds can be used to finance several types of projects including new
construction or rehabilitation of supportive and affordable housing and preservation of existing
federally subsidized rental housing.
Position: The city supports an effective bonding bill that provides Housing Infrastructure (HIB) and
General Obligation (GO) Bonds to fund affordable housing to serve low income households.
Establish a TOD Affordable Housing Fund (Request directed to State Leg./Hennepin Co)
Issue: Efforts are being made to develop a corridor-wide housing strategy for the SWLRT Corridor for
providing a full range of housing options specifically within a half-mile of the station areas. The
fundamental issue with respect to the traditional approaches to infill/redevelopment and mixed-
income housing production/preservation, is an absence of funds.
Position: The city supports the creation of a TOD Affordable Housing Fund and requests that Hennepin
County and the State provide a financial resource to be used to support the preservation and creation
of affordable housing along the SWLRT corridor.
Local Housing Trust Funds (LHTF) (Request directed to State Legislature)
Issue: In the 2017 session, the legislature passed language that enables cities, counties or regions to set
up and resource LHTFs. In 2018, local affordable housing agencies will be working to identify a
consistent funding source and incentivize communities to take advantage of this locally controlled tool.
Position: The city supports legislation that establishes a dedicated revenue source for LHTFs,
encourages local jurisdictions, creates a state match and provides technical assistance dollars to
communities to set up their LHTF.
Reduce 4D Tax Classification Tax Rate and Expand Eligibility to Participation in the Housing Choice
Voucher Program (Request directed to State Legislature)
Issue: Increasing property taxes are impacting multi-family residential rental properties. These
increasing costs are being passed on to the tenants as owners increase rents. At the same time, the
need for affordable housing continues to increase. Existing rent-restricted buildings are also struggling
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 6
[5]
with increased taxes and limited ability to increase rents to cover the cost. Reducing the 4D tax
classification rate would provide an incentive for market-rate properties to designate a portion of their
units as rent-restricted and provide tax relief to existing rent-restricted properties. Expanding eligibility
to include properties committing to accepting a minimum (20%) number of Housing Choice Voucher
participants would provide an incentive for more rental owners to accept tenants receiving housing
subsidy, which provides greater housing opportunities for program participants.
Position: The city supports any legislation that would reduce the 4D tax classification rate to encourage
more rent-restricted units in market-rate buildings and/or expand eligibility requirements to
encourage more rental owner participation in the Housing Choice Voucher Program.
Amend State Statute 471.9996 Rent Control Prohibited to Allow for a 90 Day Tenant Protection
Period Following the Transfer of (NOAH) Property Ownership (Request directed to State Legislature)
Issue: Currently state statute prohibits any local adoption of an ordinance to control rents on private
residential properties unless the ordinance is approved in a general election. Investment buyers have
been purchasing NOAH multi-family residential properties, rehabbing properties and increasing rents.
In some cases, new owners have non-renewed the leases of existing tenants with minimal notice
and/or implemented substantial rent increases with minimal notice. A 90-day period that would
prohibit rent increases and non-renewals would allow time for existing residents in these situations to
seek alternative housing.
Position: The city supports legislation that would allow for a 90-day tenant protection period following
ownership transfer of a NOAH multi-family residential property.
Establish revenue resource for Inclusionary Housing Fund (Request directed to State Legislature)
Issue: The Met Council partnered with the Family Housing Fund and the Urban Land Institute of MN to
support mixed-income (inclusionary) housing efforts in the region. Together they developed a number
of tools including the mixed-income calculator and the establishment of an Inclusionary Housing Fund
to assist in financing mixed income projects. A number of communities in the metro region have
adopted policies to ensure the inclusion of affordable housing in new multi-family residential market-
rate developments. To date, a funding source for the Inclusionary Housing Fund has not been
established.
Position: The City supports establishment of a financing resource to fund the Inclusionary Housing Fund
to facilitate mixed-income projects. An Inclusionary Housing Fund would support local efforts to
finance inclusionary housing projects, providing a financial resource for local communities that adopt
Inclusionary housing policies for new multi-family residential development.
Tax Credit Contribution Fund (Request directed to State legislature)
Issue: The private market is not supplying housing that is affordable to Minnesota’s low income
households. A public private partnership could help ensure an adequate supply of housing. The
Minnesota Tax Credit Contribution Fund incentivizes private investment and promotes community and
economic development. This fund is being modeled after North Dakota’s Housing Incentive Fund. Since
its inception in 2011, North Dakota's HIF has leveraged roughly $5 for every $1 invested, creating more
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 7
[6]
than 2,500 units across the state. Minnesota communities of all sizes would benefit from this simple,
effective tool.
The program is capitalized by contributions from taxpayers that have state income or
corporate/insurance premium tax liabilities. In exchange for contributions to affordable housing,
participating taxpayers receive credit against their state income tax liability equal to their contribution
to a specific development or the general loan pool. Participation in the program is simple, and the
credit is flexible, easy to use statewide, leverages significant private equity, and boosts local
businesses.
Position: St. Louis Park strongly supports and encourages affordable housing. The city supports the
establishment of a tool to incentivize private investment and promote community and economic
development. The Minnesota Tax Credit Contribution Fund is about neighbors helping neighbors
create housing opportunities and helping businesses and communities thrive.
Rental Rehab Loan Program for small to medium size developments in seven county metropolitan
area (Request directed at the State Legislature)
Issue: Naturally occurring affordable housing (NOAH) is the largest resource of affordable housing in
the metro area. These multi-family residential rental developments which typically have limited
amenities are at risk of losing their affordability as investors purchase the properties, renovate and add
amenities and increase rents. As an incentive for current NOAH properties owners to retain the
affordability of their properties, a multi-family rehab loan fund should be established to provide
funding for rehab and capital investment in the development in exchange for establishing rent
restrictions.
Position: St. Louis Park strongly supports and encourages affordable housing. The city supports the
establishment of a housing rehab loan program to facilitate the preservation of NOAH multi-family
residential rental properties and encourage owners to retain the affordability of their developments.
Housing construction - Limiting Local Regulatory Authority (Request directed to State Legislature)
Issue: Recent discussions on affordable housing solutions includes agencies advocating for housing
programs for primarily multiple family developments, and local home builders pursuing reduced
regulatory authority by the state and cities. Last year, the Builders Association of the Twin Cities
working though a newly created branch organization called Housing First MN, worked toward a bill
that was defeated. Requiring new construction codes which could increase cost to receive legislative
committee approval before being adopted, potentially halting progress in public safety and energy
conservation standards. Additionally these groups proposed restricting or eliminating local land use
standards developed by communities for livability.
Position: Although St. Louis Park strongly supports and encourages affordable housing, minimum code
requirements for energy conservation and building safety should not be compromised on the concept
of reducing construction costs to builders. In addition, local land use and zoning standards for
establishing quality of life standards in each community should not be limited by legislative action
Affordable housing fee on new development (Request directed to State Legislature)
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 8
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Issue: There is an increasing need of affordable housing across the state. Additional funds are needed
in order to create and maintain affordable housing units within the city. An affordable housing fee on
new development would help increase funds for future housing projects and initiatives.
Position: The city supports legislation that would allow for the collection of an affordable housing fee
on new development.
Maintain Local establishment of appropriate fee-for-service programs (Request directed to State
Legislature)
Issue: Call for affordable housing by construction industry is mistaking codes and fees to be the cause
of raising home values - not the rapidly increasing price of building materials and construction labor in
a free market economy.
Position: Maintain a consistent minimum standard for building safety, longevity, and energy
conservation, and allow local government units to continue with fee-for-service programs as currently
outlined in statute (i.e. reasonable and justifiable).
Safe guard public code administration employees (Request directed to State Legislature)
Issue: As public safety regulators, inspectors often face hostility from a few public members. A no
tolerance position for abusive behavior should be adopted. Assaults and murder have occurred on
code officials in the normal course of performing their duties for a local government unit.
Position: Support Minnesota League of Cities SD-29, Assaults on Code Enforcement Officials. The
change would move assault charges from the current fifth degree, or misdemeanor, to a more
stringent fourth degree, a gross misdemeanor, by expanding the public employees with mandated
duties statute to include code enforcement officials.
Other Community Development Issues
TIF District Statutory Modifications (Request directed to State Legislature)
Issue: Tax Increment Financing (TIF) remains the most viable tool for local economic development and
community reinvestment efforts. TIF is a method local governments use to pay for the costs of
qualifying improvements necessary to create new investment, redevelopment, or publicly-assisted
housing. The financing of the qualifying improvements is paid from the increased property taxes
generated from the new development, redevelopment, or housing that would not occur “but for” such
assistance. There are steps that the state could take that would enhance the effectiveness of TIF,
leverage additional private investment and create more jobs and tax base in communities. The current
types of State-authorized TIF districts lack flexibility and do not adequately address the varied and
unique redevelopment situations found in urban communities.
Currently, the Minnesota TIF Act requires more than 50% of the buildings in a project area be found to
be substandard to qualify as a Redevelopment TIF District. In redevelopment situations involving only a
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 9
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small number of parcels, this can be an insurmountable standard to meet thus preventing new
investment from occurring.
Position: The City supports greater flexibility and the inclusion of additional uses within current TIF
districts.
• In particular, the city supports a minor modification of the Redevelopment TIF District statute
requiring 50% or more of buildings within project areas be found to be substandard.
• The city supports the elimination of the 5-year rule for districts that take longer to develop.
• To spur additional development, the city supports lengthening the duration of Economic
Development TIF Districts to a full 10 years, or nine years from first tax increment collection. In
addition, the city supports expanding authority to allow for the establishment of Economic
Development TIF Districts for assisting with commercial project development for the purpose of
retention and expansion of existing businesses and the attraction of new business to the state to
create and retain jobs.
• The city further supports the establishment of Transit Oriented TIF Districts within one-half mile
of light rail corridors and one mile from light rail corridor train stations for the purposes of
promoting economic development, redeveloping blighted areas, and the development of housing
near light rail corridors. Eligible expenditures within the district include but are not limited to (1)
the city's or authority’s share of the costs necessary to provide for the construction of any
southwest light rail transit station and related infrastructure, including but not limited to parking
facilities, including structured parking, pedestrian overpasses, pedestrian connections, and
walkways or trails; (2) infrastructure and roadway improvements, including but not limited to
sanitary sewer, water, storm sewer and utility improvements; (3) land acquisition costs; (4) costs
related to environmental remediation, soil correction, demolition, and relocation; (5) site
improvement costs; (6) costs incurred with respect to the development of or rehabilitation of
housing; and (7) related administrative costs. Additionally, if two or more cities or authorities
propose a joint development or adjacent developments, the cities or authorities would be
allowed to expend up to 25% of the total revenue derived from tax increments generated from
such a tax increment district to pay for the eligible expenditures of another tax increment district
located outside the city’s corporate limits
DEED Program Funding (Request directed to State Legislature)
Issue: The Department of Employment & Economic Development (DEED) is critically important in the
support of communities and local economic development initiatives. DEED manages several programs
utilized by the city that have positively impacted St. Louis Park.
Position: St. Louis Park supports the continued annual funding of DEED programs at stable and
sustainable levels. The City believes that continued funding of DEED programs at the same, or an
increased level is vital to economic growth across Minnesota. The city supports legislative initiatives
that strengthen funding levels for economic development programs administered by DEED and other
state agencies such as Small Business Development Centers, the Minnesota Investment Fund, the Job
Creation Fund, Brownfield Cleanup and Redevelopment Grant Program, Transportation Economic
Development Program and proposed new financing tools that support development along transit
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 10
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corridors. Minnesota communities rely on these programs to remain competitive with neighboring
states in their efforts to bring jobs and tax base back to Minnesota.
Special Service Districts Statutory Authority (Request directed to State Legislature)
Issue: In 1988, cities were granted general authority under Minn. Stat. § 428A.01 to § 428A.101 to
establish Special Service Districts. As currently written, only commercial properties can financially
participate within Special Service Districts. This is challenging for funding additional services within
mixed-use project areas. The City of St. Louis Park has established six Special Service Districts, including
multiple sections of Excelsior Boulevard. Providing infrastructure improvements and on-going
maintenance at the LRT station areas will also be a need
Position: The city supports the inclusion of multi-family housing developments as financial participants
within Special Service Districts and the establishment of Special Service Districts around transit and LRT
station areas.
Perspectives Bonding Request
Issue: Perspectives, Inc. is an organization in St. Louis Park that addresses homelessness, poverty,
addiction, mental illness, poor nutrition, and lack of access to services. Perspectives, Inc. is seeking
$4,000,000 in Capital Grant funding for an expansion and renovation of their existing facilities. The
funds would cover the predesign, design, construct, furnish, and equip the expansion and renovation
of the existing Perspectives Family Center facility in St. Louis Park. The expanded and renovated facility
will be used to promote the following programs and services:
(1) Supportive housing programs for homeless women and their children;
(2) Mental and chemical health programs;
(3)Employment services;
(4) Academic, social skills, and nutritional programs for homeless and at-risk children;
(5) An all-day therapeutic early childhood development program for homeless and at-risk children;
(6) A culturally sensitive safe and nurturing environment for at-risk children to meet with their
nonresidential parents.
Position: The city supports a bill for an act relating to capital investment; appropriating money for
expansion and renovation of the Perspectives Family Center facility in St. Louis Park including HF 475.
Transportation Issues
Redesign and Reconstruction of CSAH 25 (Request directed to Hennepin County)
Issue: The city and county are working together to prepare a long term vision to transform the CSAH 25
Corridor from the rural design through-route it is today to a multimodal urban boulevard with well-
designed landscape architecture and place-making features. The goal is to transform this Hennepin
County Road into an amenity rich, pedestrian and transit oriented, development friendly Boulevard,
between Trunk Highway 100 and France Avenue. A clear long-term vision for CSAH 25 will serve as a
guide both public and private investment in this corridor. Already, the SWLRT Beltline station, park &
ride and proposed Beltline Station Redevelopment project is beginning to transform the west end of
this corridor. The Shoreham mixed-use project is beginning transformation at the east end and the
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 11
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Parkway 25 project will continue the redevelopment pattern. The new concept for CSAH 25, when
finalized, will support this change to a more urban place and provide good, attractive access to the
Beltline LRT station in St. Louis Park and the neighboring W. Lake LRT station in Minneapolis.
Analysis: To transform CSAH 25 into an urban boulevard will require the following actions and
considerations:
• A commitment from Hennepin County, with involvement from Minneapolis, to changing the
vision for the corridor.
• Integration into concept plans of both the planned improvements associated with SWLRT
between Beltline Boulevard and Lynn Avenue and the West Lake Street multi-modal
transportation plan into the vision for the corridor.
• Inclusion in concept plans of strong connections to existing and planned bicycle routes, filling the
existing gap in access to the Cedar Lake Trail from the north.
• Consideration in concept plans of the MCES interceptor along the south side, the lack of width
on north-south streets, the frontage roadway geometry, circulation/access needs, future land
use assumptions, rail/LRT, Beltline Station area plan and design guidelines.
• Addressing storm water treatment, landscape and pedestrians amenities as well as
opportunities for remnant right-of-way to be used for future development.
• Consideration of the east end “triangle,” where Minnetonka Blvd, CSAH 25, France Avenue and
West Lake Street meet. This area presents both opportunities for gateway treatments for both
Minneapolis and St Louis Park as well as operational challenges for the movement of traffic,
pedestrians, bicyclists and local businesses.
• Analysis of traffic operations analysis, crash/safety, 2040 forecasts (possibly interim year related
to SWLRT improvements), including review of all pedestrian- or bicycle-related crashes. Limits of
operations analysis should be the Hwy. 100 west ramp terminal to France Avenue.
• Inclusion of multimodal improvements, future intersection locations, and lane arrangement and
circulation.
• Consideration of a new name for the roadway that provides a positive identity while eliminating
the currently existing address confusion. Just as CSAH 5 is also named Minnetonka Boulevard,
CSAH 25 needs a street name around which an image and identity can be built. In the case of
CSAH 25, there is added confusion because of its history of being originally part of MN Highway
7, a name that continues to be used by many.
• CSAH 25 serves many important functions and is home to a surprising number of businesses,
residents and property owners. All stakeholders should be informed and involved in the design
processes from the beginning.
• Development of a funding and phasing plan will be necessary. Transforming CSAH 25 will be a
large project and will take time and significant resources to implement. New development in the
corridor may be able to play a significant role in funding the transformation, but timing will be
critical for that to happen.
Position: We thank Hennepin County for their participation in the redesign process and request the
County’s support and funding for the actual rehabilitation/ reconstruction of CSAH 25 once the
schedule is determined.
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 12
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Texas Avenue/ Minnetonka Blvd intersection reconstruction (Request directed to Hennepin Co.)
Issue: Texas Avenue between Lake Street and Wayzata Boulevard is one of the few continuous north-
to-south roadway connections in the City of St. Louis Park. The city has reconstructed the section of
Texas Avenue from Lake Street to 400 feet south of Minnetonka Boulevard in 2017 and 2018. The new
roadway includes bicycle, pedestrian and intersection improvements that have greatly increased the
efficiency and safety in this segment of the corridor. The road project stopped short of the Minnetonka
boulevard intersection. In 2016 and 2018 a bikeway was installed along Texas Avenue north of
Minnetonka Boulevard.
In 2020 CenterPoint Energy has plans to reconstruct their 24-inch transmission gas main through the
intersection along Texas Avenue as part of their CIP program. To leverage this work and complete the
upgrade of the Texas Avenue corridor, we would like to partner with Hennepin County on the
reconstruction of the intersection. The new intersection would include separate bicycle facilities,
sidewalk improvements, better sightlines for drivers, signal replacement, and ADA upgrades. All things
that are much needed at this location.
Analysis: In order to extend the bicycle, pedestrian and roadway enhancements that were completed
to the south and to the north of the Minnetonka Boulevard intersection the following items would
need to be addressed.
• Sidewalks: The sidewalks require updating to meet ADA requirements for pedestrian ramps,
width, and clearance from obstructions.
• Bike lanes: In 2018, the county enhanced the bike lanes on Minnetonka Boulevard. However, at
the intersection, these lanes do not have adequate space. The same is true for the bikeway on
Texas Avenue. Most bicycle related crashes occur at intersections, it is important to maintain the
bikeway through the intersection to eliminate confusion for all users of the road.
• Intersection modifications: the city has developed a layout for this intersection that will greatly
improve the way it operates for all users. Eliminating sightlines issues, creating space for bicycles
and pedestrians.
• Replace signal system: The new signal system and intersection geometrics should be updated to
include flashing yellow arrows and turn lanes as needed to improve traffic flow. The signal
should be able to detect bicycles. Finally, the pedestrian push buttons will be replaced to meet
ADA requirements.
Position: The city is requesting that Hennepin County partner with the City for the reconstruction of
the Texas Avenue/ Minnetonka Blvd intersection in 2020.
Louisiana Bridge reconstruction (Request directed to State Legislature)
Issue: The Louisiana Bridge over Minnehaha Creek was constructed in 1963 is exhibiting accelerated
deterioration of the bridge deck and superstructure. The city inspects the condition of the bridge
annually and has determined that it needs to be reconstructed by 2020.
Analysis: The Louisiana Avenue corridor between Highway 7 and Excelsior Boulevard is a major
employment center with a growing medical/healthcare facility, attractive open spaces, regional trail
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 13
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connection, and proximity to regional roadways. Due to its location, the replacement of the
Minnehaha Creek Bridge needs to take into consideration the larger effort to develop transit-oriented
development around the SWLRT Louisiana Station Area. The city has undergone a corridor design that
will meet the needs of the community now and into the future. The cost to reconstruct Louisiana
Avenue is $7.2 million. In order to complete this project by 2020, additional funding is needed.
Position: The city is seeking state bonding money to replace the Louisiana Bridge over Minnehaha
Creek.
Southwest LRT (Directed to State Legislature, Met Council & Hennepin County)
Position: The City continues to strongly support the Southwest LRT Project.
Transportation funding (Request directed to State Legislature)
Issue: A comprehensive transportation system is a vital component in planning for and meeting the
physical, social and economic needs of our state and metropolitan region. Adequate and stable sources
of funding are necessary to ensure the development and maintenance of a high quality, efficient and
safe transportation system that meets these needs and that will position the state and region to be
economically competitive in the years ahead.
Analysis: Under current transportation financing structures, transportation needs in the metropolitan
region continue to be inadequate and underfunded. Our transportation funding system relies primarily
on local property taxes and fees and the motor vehicle sales tax (MVST) for transit. Automobiles are
becoming more fuel efficient and MVST receipts continue to lag behind projections, resulting in
funding levels that continually fail to meet demand. Transportation funding and planning must be a
high priority for state, regional and local policymakers so that the transportation system can
sufficiently meet the needs of the state’s residents and businesses and its projected population
growth. Funding and planning for our regional and statewide systems must be coordinated at the
federal, state, regional and local levels to optimally achieve long term needs and goals. In addition,
cities lack adequate tools and state resources for the maintenance and improvement of municipal
systems, with resources restricted to property taxes and special assessments. Cost participation
requirements have overburdened city budgets. It is imperative that alternative revenue generating
authority be granted to municipalities and state resources be made available for this purpose to relieve
the burden on the property tax system.
Position: The city:
• Supports stable and sufficient statewide transportation funding and local tools to meet the long-
term transportation system needs of the region and local municipal systems;
• Supports funding to assist cities overburdened by cost participation responsibilities;
• Supports state funding for state highway projects, including congestion and safety improvements;
and
• Supports state financial assistance, as well as innovations in design and construction.
Transit financing (Request directed to State Legislature)
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 14
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Issue: The Twin Cities metropolitan area is served by a regional transit system that is expanding to
include rail transit and dedicated busways. Any operating subsidies necessary to support this system
should come from a regional or statewide funding source. The property taxpayers of individual cities
and counties should not be required to fund the operation of specific transit lines or routes of service
within this regional system.
Analysis: MVST revenue projections have not been reliable and the Legislature has repeatedly reduced
general fund support for Metropolitan Transit. As a result, the regional transit providers continue to
operate at a funding deficit. Shifting demographics in the metropolitan region will mean increased
demand for transit in areas with and without current transit service.
Position: The city supports stable and growing revenue sources to fund the operating budget for all
regional transit providers at a level sufficient to meet the growing operational and capital transit needs
of the region and to expand the system to areas that currently have little or no transit options. The city
also supports an increase in the regional sales tax to fund the expansion of regular route service, the
continuing capital expenses and expanded operational needs of the metropolitan transit system, if the
increase is accompanied by sufficient local controls over the collection and expenditure of the new
revenue and geographic balance is maintained in the expansion of service to allow cities to
appropriately plan for growth in population and service needs along new and expanded transit service.
The city opposes diversions of the uses of this tax for any other purposes.
Motor Vehicle Lease Sales Tax (Request directed to State Legislature)
Issue: Minnesota’s general sales tax applies to long- term motor vehicle leases, called the motor
vehicle lease sales tax (MVLST). Voters supported a constitutional amendment to dedicate the money
collected by the motor vehicle sales tax to transportation in 2006. The legislative action that dedicates
the MVLST to transportation, excludes Hennepin and Ramsey counties from receiving any of this
funding. The basis for this exclusion was that these two counties would be receiving funding for
transportation through the newly created Counties Transit Improvement Board (CTIB).
Analysis: CTIB dissolved in 2017, eliminating this transportation funding source. The basis for the
exclusion of Hennepin and Ramsey counties from receiving MVLST formula funds ceased to exists. The
economic strength and competitiveness of our state, region and county depend upon an effective,
efficient and well-maintained transportation system. The state, county and local street system are
critical to the transportation system. The voters supported the use of MVLST for transportation and no
county should be excluded from this key revenue source.
Position: The city supports the use of Motor Vehicle Lease Sales Tax (MVLST) by all counties.
Xcel Energy Utility Relocation (Request directed to State Legislature)
Issue: Xcel Energy has utility infrastructure in the public right-of-way. It’s often necessary for Xcel to
relocate their infrastructure in order for the city to complete construction projects. When it’s not done
in a timely manner it delays the completion of city projects, which in turn generates downtime charges
that the contractor passes on to the city.
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 15
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Analysis: During the design of city infrastructure projects, the city tries to avoid requiring Xcel to
relocate their facilities, however many times it is necessary. Understanding that Xcel needs time to
plan for this work, Xcel is notified of the annual Capital Improvement Plan in the fall of the year
preceding construction. In January of the year of construction, staff has a meeting with all utilities to
review impacts. Also, plans are sent to all utilities indicating areas where there is a potential conflict
with their facilities. Staff will meet individually with Xcel during the design to discuss the conflicts and
their schedule. Even with these efforts, Xcel’s utility relocations have delayed a number of projects in
the city. In 2015, a sidewalk project on Texas was supposed to be completed by Labor Day but Xcel did
not complete their work until mid-October. Due to the warm weather that fall, the contractor was able
to complete the project the week of Thanksgiving. However, weather is not always on our side.
Additionally, the contractor asked for $22,000 in downtime charges due to the delays incurred on this
project. The city does not have the same experiences with other private utility providers.
Position: The city supports legislation that requires Xcel Energy to complete their relocation work in a
timely manner to avoid delays and additional cost on city-led infrastructure projects, with remedies in
place if they do not meet their commitments.
Automated Vehicles (Request directed to the Met Council)
Issue: Automated vehicles are those in which at least some aspect of a safety-critical control function
(e.g., steering, throttle, or braking) occurs without direct driver input. Automated vehicles may be
autonomous (i.e., use only vehicle sensors) or may be connected (i.e., use communications systems
such as connected vehicle technology, in which cars and roadside infrastructure communicate
wirelessly).
Automated vehicles have the potential to bring about transformative safety, mobility, energy, and
environmental benefits to the surface transportation system. These benefits could include crash
avoidance, reduced infrastructure needs, energy consumption and vehicle emissions, reduced travel
times, improved travel time reliability and multi-modal connectivity, and improved transportation
system efficiency and accessibility, particularly for persons with disabilities and the growing aging
population. Automated vehicles could also transform the private use of land in terms of reducing
parking needs – surface or structured parking. Automated vehicle technologies are becoming some of
the most heavily researched automotive innovations. Currently, some automated vehicle technologies
are available, but are only a fraction of what will be available in the future.
Position: MnDOT is undertaking research and planning related to automated/autonomous vehicles.
The Met Council is asked to work with MnDOT as a part of planning for the impact these types of
vehicles will have on the region, particularly from a transportation and land use perspective.
Public Safety Issues
Police Trainee/Non-traditional Pathway to Policing Program (Request directed to State Legislature)
Issue: The candidate pool for police officers in Minnesota continues to shrink in numbers and diversity.
There is a narrowing in the representation of a candidate’s diversity including but not limited to race
and ethnicity, age and life experience, and academic and career development in other disciplines.
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 16
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During the 2017 legislative session $400,000 was appropriated for communities participating in this
new program on a 50/50 cost split. The City of St. Louis Park and other cities have used this approach
as a tool for diversifying their departments. In 2017, one candidate successfully completed this
program and is now a St. Louis Park police officer. The city currently has one candidate in this program
with an anticipated promotion to Police officer in early 2019. The need to create a wider and deeper
candidate pool will continue to be a long term challenge for all police departments in the state.
Position: The city requests that this funding not only be maintained but increased in future bienniums.
Railway Safety of Hazardous Materials and Oil Train Operations (Request directed to State
Legislature)
Issue: The current situation within St Louis Park suggests that there will be the continued shipment of
hazardous material commodities through the community including but not limited to crude oil and
ethanol at current or increased levels in the future. In the interest of public safety, the fire service and
emergency managers’ commonly work together to secure various types of information for emergency
planning and response. Railroad companies are reluctant if not unwilling to provide information about
hazardous materials moving through communities due to security concerns, which makes it difficult to
undertake proper emergency planning.
Analysis: Detailed and local railroad planning information would assist emergency managers in
assessing rail hazards, finding local vulnerabilities, gauging response capabilities, and identifying
specific gaps. Examples of information which should be provided under a non-disclosure agreement (to
insure the informatin is secure) includes:
•A disclosure of the railroad company’s response capability
•Information that is available on-scene and response-oriented (i.e. identity and quantity of
HAZMAT carried aboard rail cars involved in an incident). This information should be provided in
a manner that is useable by responders at the scene in a web based format as well as the Ask Rail
phone app.
The demand for these commodities and the proximity of Minneapolis to our city points to St Louis Park
as an alternative for managing heavy traffic and staging within the system. The potential risk exists
across all of the system including the BNSF, CP and TCW lines. Track improvements that result from the
SWLRT will allow for higher speeds and safer options for the rail companies to consider through St
Louis Park.
In addition to the above information, railroad companies should be required to partner with local
jurisdictions, emergency planners and responders on training for responding to an incident.
Position: The City supports legislation that requires railroads to address the concerns noted above
including accountability, safety, and funding of accident prevention, responder training and
information sharing. Rail companies need to be required to share the information necessary for
response and mitigation. This includes the reinstatement of fees on railroads and pipelines as outlined
in (2018-HF3775/SF3527).
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 17
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Oppose statutory prohibition on residential fire sprinklers (Request directed to State Legislature)
Issue: The Appellate Court struck down the Department of Labor and Industries (DLI) adoption of the
latest International Residential Code (IRC). The IRC is for building new single-family and duplex homes,
which had a provision for residential fire sprinklers in newly constructed one- and two-family homes
that were 4,500 sq. feet and larger.
Analysis: The sprinkler provision was challenged on whether it was done legally and appropriately.
Therefore the requirement to build these homes safer using sprinklers is no longer in effect. This is a
concern because, in terms of fire safety, the most dangerous place to be is at home. In addition, most
often the victims of a fire are the young and elderly, who have a more difficult time getting out in an
emergency situation. Residential fire sprinklers save lives and are cost-effective. Recent studies in
Minnesota show the cost of installing residential fire sprinkler systems averages $1.15 per sprinkled
square foot, or approximately 1% of new home construction.
Position: The city opposes efforts that prohibit future adoption of the residential fire sprinkler code.
Oppose expansion of legal fireworks (Request directed to State Legislature)
Issue: There is a continued effort to expand the sale and use of a wider variety of fireworks. In the past,
bills have been introduced that would expand the definition of legal fireworks to include “aerial and
audible”. These bills also proposed disallowing cities from banning the sale of fireworks, but would
allow cities to pass ordinances banning people from using fireworks.
Analysis: There is an inherent danger in aerial fireworks which cause a number of injuries and pose a
serious fire risk. Fireworks start an average of 18,500 fires per year, including 1,300 structure fires, 300
vehicle fires, and 16,900 outside and other fires. These fires caused an average of three deaths, 40
civilian injuries, and an average of $43 million in direct property damage. In 2017, U.S. hospital
emergency rooms treated an estimated 12,900 people for fireworks related injuries; 54% of those
injuries were to the extremities and 36% were to the head. Children younger than 15 years of age
accounted for more than one-third (36%) of the estimated 2017 injuries. These injury estimates were
obtained or derived from the Consumer Product Safety Commission’s 2015 Fireworks Annual Report.
Position: They city opposes the expansion of legal fireworks in Minnesota to include “aerial and
audible”.
Continued Health Insurance Coverage for Disabled Public Safety Officers (Request directed to State
Legislature)
Issue: MS299A.465 states that the employer is responsible for continued payment of their contribution
for health insurance coverage for police officers, firefighters, and dependents, if applicable, that were
disabled in the line of duty. Although cities may request a reimbursement of the health insurance
payments, only a fraction is reimbursed from the Department of Public Safety, resulting in increasing
costs due to this unfunded mandate.
Position: The city has only been partially reimbursed for the cost of this mandate, and requests that
this program be fully funded by the state.
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 18
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Permit to Purchase Firearms/Permit to Carry (Request directed to State Legislature)
Issue: Currently the Permits to Purchase Firearms statute (MN Stat. 624.7131; 624.7132) requires local
law enforcement agencies to complete required background checks within 7 days and the Permit to
Carry (MN Stat. 624.714) statute requires the County Sheriff’s Department to complete the required
background checks within 30 days.
Analysis: The St. Louis Park Police Department completes approximately 300 permits to purchase
background checks per year. Aligning the two statutes to require the background checks to be done in
30 days would allow local law enforcement agencies more time to complete thorough background
checks and also reduce the number of applicants who act on impulse for a permit to purchase a
firearm.
Position: St. Louis Park supports aligning the Permits to Purchase Firearms statutes (MN Stat. 624.7131;
624.7132) with the Permit to Carry (MN Stat. 624.714) statute in terms of the time required for
conducting background checks (from 7 to 30 days).
Protecting the Privacy and Safety of Public Officials and Peace Officers (Request directed to State
Legislature)
Issue: Only five states (FL, CO, CA, ID, TX) have a law prohibiting the publishing, posting, promotion of
peace officers' and other public officials' home addresses, phones, spouse's addresses, other contact
information, etc., with intent to cause harm or harassment. Minnesota has no such law, presenting an
opportunity to join other states showing a commitment to protecting public officials and peace officers
from having their personal information, spousal information, and other info published and/or shared
on social media, with the intention of causing harassment or harm.
Analysis: This is increasingly a concern for public officials and law enforcement when those seeking to
cause harm recklessly share or publish emails or other correspondence that includes personal
information. Any measure that reduces the threat of reporters or demonstrators showing up at public
officials’ homes or those of relatives is a great option for addition to our statutes. Statutes that include
the component requiring the publication or posting to be done WITH INTENT to cause harassment or
harm seem likely to be more useful and defensible in the courts. Colorado's law can be found here:
http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/44EE4D5921D1B7248725757400783E9
1?open&file=1316_enr.pdf. With the proliferation of social media, there have been several instances
where public official’s personal information was disseminated to cause harm. For example, after the
unfortunate death of Eric Garner in New York, the decedent’s daughter tweeted the home address of
one of the involved officers to 5,000 Twitter followers who, in turn, re-tweeted this 500+ times.
Position: This issue can affect any public official and Police Officers, when opposing sides of a discourse
attract an element that wants to cause harm or harassment. The City supports an effort in Minnesota
to add this protection to public officials’ privacy and the safety of their families.
Criminal Background Checks (Request directed to State Legislature)
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 19
[18]
Issue: Every day in Minnesota guns are sold by unlicensed sellers without first conducting a criminal
background check to ensure that the buyer is not a prohibited purchaser. This proposal would close the
online, gun show and individual sale loopholes by requiring all sales to at least have a criminal
background check at the point of sale at an Federal Firearms License (FFL) before a transaction is
legally allowed to occur.
Analysis: The federal Gun Control Act of 1968 stipulates that individuals “engaged in the business” of
selling firearms must possess a Federal Firearms License (FFL). Holders of FFLs are required to conduct
background checks and maintain a record of all their firearm sales. Certain gun sales and transfers
between private individuals, however, are exempt from this requirement. Those who would fail a
background check can access firearms through these sources. Unlike an FFL, the seller is not required
to conduct a background check to determine whether the purchaser is prohibited from purchasing and
possessing a gun. Federal, state, local and tribal laws should be enacted to close these loopholes. If all
gun sales proceed through an FFL, a single, consistent system for conducting gun sales, including
background checks, will be established. The laws we have in place to ensure gun purchasers go through
FFLs are undermined by oversights in the law that allow individuals prohibited from owning firearms to
obtain weapons at events such as gun shows without undergoing a background check.
Position: The City supports preventing individuals who are not legally able to purchase a gun from
doing so without background checks at gun shows, online or in private transactions.
First Responder Protection Act (Request directed to State Legislature)
Issue: First responders are particularly vulnerable when carrying out their duties during protests,
rallies, demonstrations and marches. Many of our first responders are required to maintain stationary
positions to redirect crowds and traffic while keeping all involved parties safe. There are many
examples of event participants attempting to assault responders by throwing dangerous items. In
previous MN events, responders have been injured by these protestors. The city support new
legislation that clearly makes an attempted assault on first responders a gross misdemeanor during
protests, rallies, demonstrations and marches
Analysis: Impacts on public safety or law enforcement: Aggregating the fourth degree assault statute to
include attempted assault on first responders during these events would help deter assailants from
committing these acts. The new legislation would allow investigators greater latitude when attempting
to identify and charge these individuals. Additionally, prosecutors and judges would have a specific
statute to reference when determining the charging and sentencing of prosecuted persons.
Position: The City supports protecting the safety and well-being of police officers, firefighters and
medical personnel during demonstrations and rallies by increasing the penalties for attempted assaults
on these individuals to a gross misdemeanor. This is recommended by adding the following language to
Subd. 2b Attempted Assault during Protests, Demonstrations, Rallies and Marches. Whoever attempts
to assault first responders (police officers, firefighters, and ambulance personnel) while they are
executing their duty during protests, demonstrations, rallies and marches are guilty of a gross
misdemeanor to 609.2231 ASSAULT IN THE FOURTH DEGREE.
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 20
[19]
State wide data collection on race and/or ethnicity for stopped motorist’s (Request directed to State
Legislature)
Issue: There is not a state wide method of collecting a motorist’s race or ethnicity for traffic stops.
Some police departments ask officers to report a person’s race and/or ethnicity. This option results in
officers making assumptions on the motorist’s race and/or ethnicity and can lead to inaccurate data.
Analysis: A state wide system would allow for agencies to submit and most importantly review
accurate data to determine whether racial profiling is a problem in cities across the state. This
information allows for greater police transparency and accountability.
Position: The city supports a state wide system that accurately tracks information on traffic stops,
including race and ethnicity, of stopped motorists.
General Issues
Local Control (Request directed to State Legislature)
Issue: Cities are often laboratories for determining public policy approaches to the challenges that face
citizens. Success in providing for the basic needs of a functional society is rooted in local control to
determine how best to respond to the ever-changing needs of a citizenry. Because city government
most directly impacts the lives of people, and representative democracy ensures that locally elected
officials are held accountable for their decisions through local elections, local governments must have
sufficient authority and flexibility to meet the challenges of governing and providing citizens with
public services.
Position: Individual communities should be allowed to tailor their services to meet the unique needs of
their citizens without mandates and policy restrictions imposed by state and federal policy makers. The
state should recognize that local governments, of all sizes, are often the first to identify problems and
inventive solutions to solve them, and should encourage further innovation by increasing local control.
The state should not enact initiatives that erode the fundamental principle of local control in cities
across Minnesota.
Levy Limits (Request directed to State Legislature)
Issue: During the 2008 legislative session, levy limits were imposed for three years (2009-2011) on
cities over 2,500 in population.
A one-time levy limit was applied to taxes levied in 2013, payable in 2014, only. This was in effect for all
counties with a population of 5,000 and over and cities with a population of 2,500 and over. All cities
with a population less than 2,500, all towns and all special taxing districts were exempt from the limits.
Levy limits replace local accountability with a state judgment about the appropriate level of local
taxation and local services. Additionally, state restrictions on local budgets can have a negative effect
on a city’s bond rating due to the restriction on revenue flexibility.
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 21
[20]
Position: St. Louis Park opposes efforts to establish a levy limit or other proposed restrictions for local
government budgets. Based on our legislative policies that strongly support local budgetary decision
making, St. Louis Park opposes levy limits of any type.
Local Government Aid (Request directed to State Legislature)
Issue: St. Louis Park supports the LGA program as a means of ensuring all cities are able to provide
basic services without over-burdening the property tax system. In 2003 St. Louis Park had its entire
LGA allocation cut – approximately $2 million/yr. Several years ago a portion of this cut was restored –
approximately $500,000/yr and based on house research estimates it will drop in 2019 to $267,271.
This funding has been extremely helpful, particularly related to replacing aging infrastructure and
equipment.
Position: St. Louis Park strongly opposes reductions of LGA.
Legal Notices: Eliminate Requirement for Paid Publication (Request directed to State Legislature)
Issue: Current law requires print ads for “proceedings, official notices, and summaries” in local
newspapers. In the 2011 Session, House File 162 called for allowing political subdivisions (cities,
counties, school boards, etc.) to replace the print ads with a single annual notice stating that all such
notices would appear on the political subdivision’s website (i.e. the city website).
Position: The city continues to support the elimination of this requirement, which would save cities
thousands of dollars in annual publishing costs. Publishing legal notices on the city website instead
allows the potential to reach a much greater audience in St. Louis Park than via the local newspaper,
which only reaches about half of the community. Additionally, businesses working with the city or
bidding on city projects find it cumbersome to monitor many different publications. The city is
currently publishing its legal notices at www.stlouispark.org in addition to publishing them in the
official newspaper.
Environment and Sustainability (Climate Action Plan) (Request directed to State Legislature)
Issue: The city adapted a Climate Action Plan (CAP) on February 2018 with the ambitious goal of
achieving carbon neutrality, having a net zero carbon footprint, by 2040. The Climate Action Plan
outlines specific activities and goals the city will undertake to reduce greenhouse gas emissions. The
plan includes seven mid-term goals by 2030 to keep the city on track.
•Reduce energy consumption in large commercial buildings 30 percent
•Reduce energy consumption in small- to mid-size commercial buildings 30 percent
•Design and build all new construction to be net-zero energy
•Reduce energy consumption in residential buildings 35 percent
•Achieve 100 percent renewable electricity
•Reduce vehicle emissions by 25 percent
•Reduce solid waste 50 percent from business as usual
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 22
[21]
Position: The city supports legislation that helps the Climate Action Plan by reducing energy usage and
greenhouse-gas emissions. In addition, the city supports legislation that provides state funding for
energy conservation and renewable energy initiatives.
Emerald Ash Borer (Request directed to State Legislature)
Issue: Emerald Ash Borer (EAB) is the most destructive and economically costly forest pest ever to
invade North America. Ash trees killed by EAB become brittle very quickly and will begin to fall apart
and threaten overhead cables and power lines, vehicles, buildings and people. Few cities are prepared
and no city can easily afford the costs and the liability threats resulting from EAB. Peer-reviewed
studies have confirmed that a coordinated, landscape-based strategy is more cost effective than
fighting EAB city by city.
Position: St. Louis Park supports state funding to provide technical assistance and matching grants to
communities for EAB management/removal costs and related practices.
Records Retention Related to Correspondence (Request directed to State Legislature)
Issue: HF 1185 was introduced during the 2017 legislative session relating to data practices that
included changing the definition of “correspondence” in government record retention law to include
social media and text messaging and requiring a minimum three-year retention period for
correspondence.
Analysis: The proposed bill was designed to provide a statewide standard retention period for
correspondence. Concerns with the bill include an unfunded mandate on cities (especially small ones)
to meet the new requirements, and the burden of including social media and text messaging in the
definition of correspondence. Social media and text messaging capture typically requires separate
capture software / hardware than email, and thus contributes to increased costs.
Position: The city opposes the bill in its current form. State provided funding and restricting the
definition of correspondence to email at this point would be helpful. Delaying full inclusion of social
media and text messaging to future years so the State can include funding options (and possibly some
standards) would also be helpful. The city does support a standard correspondence retention period
and feels the proposed 3 year minimum is reasonable. That said, not every city is funded or technically
ready to do this. As a result, the city currently endorses the LMC position on the role that should be
fulfilled by existing records retention requirements. The current LMC position is to oppose HF 1185.
Telecommunications and Information Technology (Request directed to State and Federal Legislature)
Issue: Telecommunications and information technology is essential public infrastructure for the
efficient, equitable, and affordable delivery of local government services to residents and businesses.
Telecommunications includes voice, video, data, and services delivered over cable, telephone, fiber-
optic, wireless, and all other platforms.
Analysis: The city and League of Minnesota Cities supports a balanced approach to
telecommunications policy that allows new technologies to flourish while preserving local regulatory
authority. Regulations and oversight of telecommunications services are important prerogatives for
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 23
[22]
local government to advance community interests, including the provision of high quality basic services
that meet local needs, spur economic development, and are available at affordable rates to all
consumers. For the City of St. Louis Park, this is also consistent with its priority efforts to advance racial
equity and to be a technology connected community. Supportive policies should also not diminish local
authority to work cooperatively with other public agencies, non-profit organizations, and the private
sector to broaden choice and competition of telecommunications services to meet local needs.
Position: The city opposes the adoption of state and federal policies that restrict cities’ ability to
finance, construct, or operate telecommunications networks.
Cable Franchising Authority (Request directed to State and Federal Legislature)
Issue: In September 2018, the FCC released a Second Further Notice of Proposed Rulemaking (FNPRM)
proposing new rules regarding how local franchising authorities (LFAs) may regulate cable operators
and cable television services. The franchise fee revenue received by the City of St. Louis Park from
Comcast and CenturyLink could be reduced by as much as 20 percent as a direct result of the proposed
rule changes. In the FNPRM, the FCC tentatively concludes that:
1.Cable-related, in-kind contributions required by a franchise agreement shall be treated as
franchise fees subject to the statutory five percent cap on franchise fees set forth in Section 622
of the Communications Act of 1934. This would allow cable operators to unilaterally offset from
cable franchise fee payments the value of certain franchise requirements such as free service to
schools and public buildings, PEG channel capacity, connections to PEG origination points and
even existing institutional network obligations.
2.That LFAs are prohibited from using their video franchising authority to regulate the provision
of most non-cable services, such as broadband Internet access service, offered over a cable
system by a cable operator.
The FNPRM also proposes that cable operators be allowed to construct and install facilities and
equipment for non-cable services in the rights-of-way without any local regulation or compensation.
Analysis: The City of St. Louis Park filed comments with the FCC August 30 stating its opposition to
these measures, and plans to submit further information during the comment period following
publication of the FNPRM in the federal register. The Legislature, Federal Communications Commission
(FCC), and Congress should also continue to recognize, support and maintain the exercise of local
franchising authority to encourage increased competition between incumbent cable system operators
and new wireline competitive video service providers including: maintaining provisions in Minn. Stat.
ch. 238 that establish and uphold local franchising authority, including the authority to receive a gross
revenues based franchise fee and local authority over areas including: control and access to public
rights-of-way by all video and cable service providers; fees on providers to ensure the provision of
public, educational, and governmental (PEG) programming; video channels and video streaming for
PEG programming equivalent to that of the local broadcast stations; ensuring programming is
accessible and searchable through detailed Electronic Programming Guide listings that are equivalent
to that of local broadcast stations; access to capacity on institutional networks (I-Nets) provided by
local cable system operators for public safety communications, libraries, schools, and other public
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 24
[23]
institutions; and strengthening local authority to enforce customer service standards and transparency
in pricing.
Position: Given the depth of cable TV PEG operations and subscribership in St. Louis Park, and the fact
that franchise negotiations will likely begin in early 2019, the city intends to continue working with its
telecommunications attorneys and with trade organizations (Minnesota Association of Community
Telecommunications Advisors and National Association of Telecommunications Advisors and Officers)
to closely track and respond to assaults on local franchising authority.
Study session meeting of November 26, 2018 (Item No. 3)
Title: Review revised draft of 2019 legislative issues and priorities Page 25
Meeting: Study session
Meeting date: November 26, 2018
Discussion item: 4
Executive summary
Title: Retail, service and off-sale liquor store size requirements
Recommended action: No formal action is required at this time. Staff will present planning
commission recommendations on potential zoning map and zoning code amendments.
Policy consideration:
1.Does the city council support amending the C-1 Neighborhood Commercial district as
recommended by the planning commission?
2.Does the city council support rezoning certain properties from C-2 General Commercial,
C-1 Neighborhood Commercial, M-X Mixed-Use or other zoning districts?
3.Does the city council wish to extend the current temporary limit on the number of off-
sale liquor licenses in the city to allow time for zoning amendments to be completed?
Summary: During the city council study session on February 20, 2018, city staff was directed to
consider options for limiting the size of businesses within commercial districts through zoning
regulations in an effort to avoid “big box” and “junior box” stores in certain areas and to
promote smaller businesses. The council referred the options to the planning commission for
their consideration. The planning commission discussed the issues at three study sessions.
The options discussed received mixed reviews from the planning commission. The
commissioners expressed concerns about strictly limiting business sizes, feeling that could hurt
small businesses if it limits their ability to grow in place. The commissioners reached consensus
that certain larger commercial uses warranted additional review through a conditional use
permit process, and anything over 20,000 square feet should generally be discouraged and
require meeting the higher standards of a variance in order to be allowed. They also agreed
that the city should pursue rezoning certain areas currently zoned C-2 General Commercial to a
more appropriate zoning district, such as the C-1 Neighborhood Commercial district.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Graphic – Intensity Class Measures (Table 36-115C)
Map of C-2 areas to be considered for rezoning
List and graph of existing business sizes in the C-1 district
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
Study session meeting of November 26, 2018 (Item No. 4) Page 2
Title: Retail, service and off-sale liquor store size requirements
Discussion
Background: After reviewing the questions from the council, the planning commission found
that certain larger commercial uses located in the C-1 Neighborhood Commercial zoning district
ought to have more scrutiny, either through a conditional use permit or variance process. They
also found that some areas zoned C-2 General Commercial would be more appropriately zoned
C-1 Neighborhood Commercial, M-X Mixed-Use or other district, and the city should therefore
pursue rezoning those areas.
Rezoning - purpose and effect of commercial districts: Below is a brief summary of the purpose
and effect of the zoning districts discussed as taken from the zoning ordinance. Also, attached is
a map of the city showing properties currently zoned C-2 that could be considered for rezoning.
C-2 General Commercial. Allow the concentration of general commercial development for
convenience of the public and mutually beneficial relationship to each other in those areas
located away from residential areas designated by the comprehensive plan;
C-1 Neighborhood Commercial. The purpose of this C-1 neighborhood commercial district
is to provide for low-intensity, service-oriented commercial uses for surrounding residential
neighborhoods. Limits will be placed on the type, size, and intensity of commercial uses in
this district to ensure and protect compatibility with adjacent residential areas.
M-X Mixed-Use. Provide areas for mixed use development that are carefully planned to
promote efficient use of the land and roadway system; ensure sensitivity to the surrounding
neighborhood; and provide appropriate transitions between uses.
The planning commission discussed the character and intent of the commercial zoning districts.
They concluded that the C-2 district is characterized by large properties serving as commercial
nodes for regional areas reaching beyond the adjacent neighborhoods. It consists of big box
commercial uses, surrounded by large groups of smaller uses, restaurants and services. The C-2
district typically consists of large properties located on major roadways near highway
interchanges.
In contrast, the C-1 district is made up of small properties located directly adjacent to single-
family properties. Businesses in the C-1 district typically serve a smaller region limited to people
that live and work in close proximity to the business.
After reviewing the purpose and intent of the districts, the planning commission recommended
the city consider rezoning some commercial properties from C-2 to C-1 or M-X because some of
the C-2 properties better fit the character of the C-1 or M-X districts.
Text amendment – Regulations pertaining to business size: Businesses in the C-1 district are
small primarily because the existing lots in the C-1 district are small in comparison to the larger
properties found in the C-2 district. The small properties naturally limit the size of the business
because the small property needs to accommodate the building, parking, yard and landscaping
requirements. Nevertheless, the C-1 district utilizes the Intensity Class Measures table (Table
36-115C which is attached) to measure the intensity of uses based on certain characteristics.
This table is used in the C-1 district to establish thresholds for administrative approval. Any use
that exceeds a threshold based on any one of the characteristics requires a conditional use
Study session meeting of November 26, 2018 (Item No. 4) Page 3
Title: Retail, service and off-sale liquor store size requirements
permit. This table is a good tool to quantify the impact of issues that are most often raised
during site plan reviews and when inviting public participation is warranted.
While several planning commissioners raised concerns about establishing strict size limits on
small business as contrary to the city goals, they eventually supported lowering the thresholds
that trigger a conditional use permit or variance in order to allow more intense uses. Currently
a retail use that does not exceed intensity class 4 is allowed administratively (see the table for
the complete list of thresholds). Class 4 includes a building up to 20,000 square feet in area. The
planning commission agreed that the threshold for triggering a conditional use permit could be
lowered to class 3, which includes a building up to 10,000 square feet. It was noted that only 13
of the existing 88 business in the C-1 district are greater than 5,000 square feet in area. Only
one is greater than 10,000 square feet (an office building). The fact that most businesses are
less than 5,000 square feet in the C-1 areas is more the result of the small lot sizes in the C-1
district than zoning regulations designed to limit the size of the use or building.
It was also noted that the C-1 district allows uses that exceed class 4 by conditional use permit.
The planning commission recommended to allow only class 4 by conditional use permit. If this
recommendation is accepted, then any use that exceeds class 4 would not be allowed, or would
require a variance (provided it is eligible for a variance).
Liquor stores: Rezoning from C-2 to C-1 or M-X would further limit areas in the city where
liquor stores may locate. Liquor stores are currently allowed only in the C-2 district, and in
some Planned Unit Developments (PUDs). They are not currently permitted in the C-1 or M-X
districts.
The changes to the C-1 district regulations, would require additional scrutiny for uses over
10,000 square feet, including a CUP for uses 10,000-20,000 square feet in area and a variance
for any use over 20,000 square feet.
The planning commission’s recommendations would require several months to process. If this
change is acceptable, then the council may wish to extend the temporary limit on licenses until
the rezoning process is complete.
Next Steps:
1.Extend the temporary limit on the number of off-sale liquor licenses until zoning
amendments are complete, if directed to do so by the city council.
2.Amend the C-1 neighborhood commercial district to make retail and shopping center
uses an administrative approval up to class 3 instead of class 4; limit the C-1 district to
class 4 by conditional use permit; and prohibit Class 5 and above without a variance.
This will likely take 90 days for the formal process.
3.Rezoning of the C-2 general commercial properties, which will require six to 18 months.
Staff anticipates the rezoning process will likely entail meetings with property owners
and should begin after changes are approved to the C-1 neighborhood commercial
district.
Study session meeting of November 26, 2018 (Item No. 4) Page 4
Title: Retail, service and off-sale liquor store size requirements
TABLE 36-115C
Intensity Class Measures
Maxi-
mum
Density
Factor
(DU /
Acre)
Maxi-
mum
Impervi
ous
Surface
Ratio
Maxi-
mum
Floor
Area
Ratio
Maxi-
Mum
Height
(in feet)
Maxi-
mum
Trips/
AC./Day
Gross
Building
Area
Hours of
Operation
Resultant
Land Use
Intensity
Class
Residential uses 9 -- -- 30 100 2,000 Class 1
All other uses -- 0.30 0.15 30 100 2,000 6:00 a.m./
6:00 p.m.
Residential uses 15 -- -- 35 300 5,000 -- Class 2
All uses -- 0.40 0.25 35 300 5,000 6:00 a.m./
10:00 p.m.
All uses 20 0.60 0.50 40 650 10,000 6:00 a.m/
12:00 p.m.
Class 3
All uses 30 0.70 0.80 50 1,000 20,000 6:00 a.m./
12:00 p.m.
Class 4
All uses 40 0.80 1.00 75 1,500 50,000 24 hours Class 5
All uses 50 0.90 1.40 150 2,500 100,000 24 hours Class 6
All uses 50+ 0.90+ 1.40+ 150+ 2,500+ 100,000+ Class 7
Relevant current provisions the from the C-1 zoning district that reference the table above:
(c) Uses permitted with conditions. A structure or land in a C-1 district may be used for one or more of
the following uses.
(25)Retail. The condition for retail is that these cannot exceed intensity classification 4
(26)Large item retail. The condition for large item retail is that these cannot exceed intensity
classification 4.
(27)Shopping Centers. The condition for shopping centers is that these cannot exceed intensity
classification 4.
(d) Uses permitted by conditional use permit. No structure or land in a C-1 district shall be used for the
following uses except by conditional use permit.
(2)Exceeding classification 4. All of those uses which are permitted or permitted with conditions,
which exceed an intensity classification 4, shall be conditional uses. The conditions are as follows:
a.Access shall be to a roadway identified in the comprehensive plan as a collector or arterial
or shall be otherwise located so that access can be provided without generating significant
traffic on local residential streets.
b.Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential
and used or subdivided for residential or has an occupied institutional building including
but not limited to a school, religious institution or community center.
c.The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in
which it is located and conditions of approval may be added as a means of satisfying this
requirement.
Study session meeting of November 26, 2018 (Item No. 4) Page 5
Title: Retail, service and off-sale liquor store size requirements
Study session meeting of November 26, 2018 (Item No. 4) Page 6
Title: Retail, service and off-sale liquor store size requirements
Apprx. Business
Footprint Size NAME Use Address
435 Seattle Sutton's Healthy Eating (multi-tenant)Office 5551 Lake St
458 Kim Huoy Chor Sewing Service 7124 Minnetonka Blvd
460 Barber's in the Park Service 7128 Minnetonka Blvd
930 Laundry Zone (Fern Hill)Service 5107 Minnetonka Blvd
979 Vacant Property (multi-tenant)Vacant 2671 Lousiana Ave S
1,000 Elequent Fine Jewelry (multi-tenant)Retail 4835 Minnetonka Blvd
1,000 RESET Chiropractic (multi-tenant)Medical 4833 Minnetonka Blvd
1,000 Jurgen's Salon (multi-tenant)Service 4831 Minnetonka Blvd
1,000 Twin Cities Monument (multi-tenant)Retail 4827 Minnetonka
1,000 The Club Room (multi-tenant)Retail 4825 Minnetonka
1,139 SLP Liquor (multi-tenant)Liquor Store 6316 Minnetonka Blvd
1,250 OneMain Financial (Fern Hill)Office 5109 Minnetonka Blvd
1,342 Thomas Charles Salon Service 4000 Minnetonka Blvd
1,386 Mulberry's Service 3900 Minnetonka Blvd
1,388 Pilgrim Cleaners Service 4120 Minnetonka Blvd
1,561 MPAC (multi-tenant)Studio 4212 Minnetonka Blvd
1,612 Super America Motor Fuel Station 6405 Minnetonka Blvd
1,616 Midwest Dental (multi-tenant)Medical 6320 Minnetonka Blvd
1,643 Vacant Property Vacant 4815 Minnetonka Blvd
1,669 State Farm Insurance Office 5619 Lake St
1,704 Elijah's Cup (multi-tenant)Retail 4212 Minnetonka Blvd
1,705 Dominoes (multi-tenant)Restaurant 5551 Lake St
1,742 Papa Johns (multi-tenant)Restaurant 6314 Minnetonka Blvd
1,898 Taekwondo Academy (multi-tenant)Studio 2671 Lousiana Ave S
1,957 The Dog House (multi-tenant)Animal Handling 7208 Minnetonka Blvd
1,960 Professional Hearing Services (Fern Hill)Medical 5511 Minnetonka Blvd
2,000 Basils (Fern Hill)Restaurant 5101 Minnetonka Blvd
2,000 iCare Vision (Fern Hill)Medical 5103 Minnetonka Blvd
2,000 Vacant Property (Fern Hill)Vacant 5105 Minnetonka Blvd
2,017 Sicorra office Office 5601 Lake St
2,021 Wood Carvers Store and School (multi-tenant)Retail 2671 Lousiana Ave S
2,058 Jean Stephen Galleries Retail 4811 Excelsior Blvd
2,058 Locksmith Etc Retail 4811 Excelsior Blvd
2,058 Twin Cities Gold & Silver Retail 4811 Excelsior Blvd
2,178 Caribou (multi-tenant)Restaurant 5551 Lake St
2,178 Nelson's Meats (multi-tenant)Grocery 6318 Minnetonka Blvd
2,200 Just Sew Studio (multi-tenant)Studio 6312 Minnetonka Blvd
2,231 The Kosher Spot (multi-tenant)Grocery 4212 Minnetonka Blvd
2,231 Boulevard Chiropractic (multi-tenant)Medical 7200 Minnetonka Blvd
2,291 Honey & Rye Restaurant 4501 Excelsior Blvd
2,306 Single-family home Residential 3013 Salem
2,318 Snap Fitness (multi-tenant)Studio 7210 Minnetonka Blvd
2,324 Linsk Florist Retail 5555 Lake St W
2,380 Rose Fashion Optical (multi-tenant)Medical 7206 Minnetonka Blvd
2,380 House of Note (multi-tenant)Retail 7204 Minnetonka Blvd
2,386 Minneapolis Community Kollel Library 2930 Inglewood Ave S
2,427 The Maids Office 7855 Wayzata Blvd
2,434 Rodeo Drive Boutique Retail 4110 Minnetonka Blvd
2,464 Multi-tenant commercial (house conversion)Multi 4617 Excelsior Blvd
2,464 Single-family home (proposed parking for Galaxy Drive-in)Residential 3715 Rhode Island
2,490 Galaxy Drive-in In-Vehicle Service 3712 Quebec Ave S
2,521 Apadana lighting (showroom)Retail 2629 Louisiana Ave
2,580 Muffler Clinic Auto Repair 4301 Excelsior Blvd
2,699 BP Fuel Station Motor Fuel Station 4701 Excelsior Blvd
2,789 Retail with residential above Retail 4801 Minnetonka Blvd
2,793 Parkway Pizza Restaurant 6325 Minnetonka Blvd
Study session meeting of November 26, 2018 (Item No. 4) Page 7
Title: Retail, service and off-sale liquor store size requirements
3,000 Law Firm (multi-tenant)Office 4829 Mi nnetonka Blvd
3,000 Vacant Property (multi-tenant)Vacant 4831 Minnetonka Blvd
3,074 Prime Deli (multi-tenant)Restaurant 4212 Minnetonka Blvd
3,106 State Farm Insurance Office 4801 Excelsior Blvd
3,114 Jennings Liquor Liquor store 4637 Excelsior Blvd
3,292 Dunrite Automotive Auto Repair 5125 Minnetonka Blvd
3,329 Sherwin Williams Retail 4911 Excelsior Blvd
3,360 Office Office 4221 Excelsior Blvd
3,380 Judith McGrann (retail)Retail 4615 Excelsior Blvd
3,677 Vacant Property (Fern Hill)Vacant 5113 Minnetonka Blvd
3,750 SALT Salon Service 3947 Excelsior Blvd
3,791 Office building 3.5 stories Office 4820 Minnetonka Blvd
3,936 Oak Knoll Animal Hospital Animal Handling 6317 Minnetonka Blvd
3,948 City Cat Clinic Animal Handling 4813 Minnetonka Blvd
4,081 Core Power Yoga Studio 4611 Excelsior Blvd
4,188 Navab Brothers Retail 4409 Excelsior Blvd
4,578 Office building (true source)Office 3939 Excelsior Blvd
4,609 Northwoods Solutions Inc (Non-Conforming Industrial)Industrial 2641 Louisiana Ave
5,000 Yum Restaurant 4000 Minnetonka Blvd
5,509 German Autoworks Auto Repair 4825 Excelsior Blvd
5,692 Salon Selectives Service 4331 Excelsior Blvd
5,803 JTM Thought for food (office)Office 4020 Minnetonka Blvd
5,965 two-story office building Office 4725 Excelsior Blvd
6,037 Marathon gas station Motor Fuel Station 5600 Minnetonka Blvd
6,100 Condo'd Commercial Space Multi (Vacant, Studi 4200 Minnetonka Blvd
7,109 One-story office building Office 4201 Excelsior Blvd
7,215 Habitation Retail 4317 Excelsior Blvd
7,827 Office building Office 7841 Wayzata Blvd
9,008 Lang-Nelson Office Building five-stories Office 4601 Excelsior Blvd
9,203 Office building (has SALT tenant)Office 3947 Excelsior Blvd
10,000 Non-conforming Industrial use-S of RR and CLR Industrial 2641 Louisiana Ave
10,597 Office (Edina Realty)Office 4100 Minnetonka Blvd
Meeting: Study session
Meeting date: November 26, 2018
Written report: 5
Executive summary
Title: October 2018 monthly financial report
Recommended action: No action required at this time.
Policy consideration: Monthly financial reports are part of our financial management policies.
Summary: The monthly financial report provides a summary of general fund revenues and
departmental expenditures and a comparison of budget to actual throughout the year. A
budget to actual summary for the four utility funds is also included in this report.
Financial or budget considerations: At the end of October, general fund expenditures are at
approximately 79% of the adopted annual budget, which is about 4% under budget.
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Summary of revenues and expenditures – general fund
Budget to actual – enterprise funds
Prepared by: Darla Monson, Accountant
Reviewed by: Tim Simon, Chief Financial Officer
Approved by: Nancy Deno, Deputy City Manager/HR Director
Study session meeting of November 26, 2018 (Item No. 5) Page 2
Title: October 2018 monthly financial report
Discussion
Background: This report provides summary information of the overall level of revenues and
departmental expenditures in the general fund and a comparison of budget to actual
throughout the year. A budget to actual summary for the four utility funds is also included in
this report.
Present considerations:
General Fund
Actual expenditures should generally be at about 83% of the annual budget at the end of October.
General Fund expenditures are currently under budget by approximately 4%. Revenues tend to
be harder to measure in the same way due to the timing of when they are received, examples of
which include property taxes, grants and State aid payments. A few comments on specific
variances are explained below.
License and permit revenues are at 90% of budget through October. All but 2% of the 2018
business and liquor license revenue budgeted has been received, and permit revenue is at 88%.
Fine & forfeit revenue continues to exceed budget by about 4% for the year through October.
Intergovernmental revenue is at 95% due to the receipt of the Police & Fire Aid on October 1.
Community development has a small expenditure variance of about 2% that is due in part to
the extension of a part-time staff position beyond what was originally budgeted to continue
planning work for SWLRT. The variance is also partially due to a housing staff allocation that will
be adjusted at year end.
Engineering also has a small variance in personal services due to seasonal project overtime and
additional interns. Some of this time will be reimbursed from the related project funds.
The recreation center division expenditures are over at 89% from a personal services seasonal
variance for overtime and temporary staffing. Revenues are also higher than budget.
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Actual $2,609 $5,557 $8,439 $11,235 $14,063 $17,092 $21,083 $24,171 $27,063 $29,886
Budget $3,158 $6,316 $9,475 $12,633 $15,791 $18,949 $22,108 $25,266 $28,424 $31,582 $34,741 $37,899
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$ THOUSANDS Monthly Expenditures -General Fund
Study session meeting of November 26, 2018 (Item No. 5) Page 3
Title: October 2018 monthly financial report
Utility Funds
Utility revenue typically lags one month behind for commercial accounts and up to a full
quarter behind for some residential accounts depending on the billing cycle. At end of year, an
adjustment is made to accrue revenue for the full year.
Other revenue is exceeding budget in the water fund due to additional antenna lease revenue.
In addition, $166,000 in the storm water fund is grant revenue received from Hennepin
County for contamination clean-up costs for the Carpenter Park project.
Personal services expense is higher than budget in the Sewer Fund, but overall between the
four utility funds is on budget. Staff spends time where needed throughout the year.
Summary of Revenues & Expenditures - General Fund As of October 31, 2018 20182018201620162017201720182018Balance YTD Budget BudgetAuditedBudgetAuditedBudgetOct YTD Remaining to Actual %General Fund Revenues: General Property Taxes23,597,282$ 24,193,360$ 24,748,436$ 24,837,901$ 25,705,886$ 14,402,240$ 11,303,646$ 56.03% Licenses and Permits3,496,177 4,320,078 3,745,736 3,985,517 3,924,648 3,550,011 374,637 90.45% Fines & Forfeits341,200 299,808 254,200 293,236 269,200 233,939 35,261 86.90% Intergovernmental1,419,017 1,656,072 1,631,669 1,899,006 1,864,877 1,776,246 88,631 95.25% Charges for Services1,956,593 2,063,241 2,027,637 2,051,552 2,162,410 1,715,610 446,800 79.34% Miscellaneous Revenue977,546 1,131,632 1,274,415 1,294,452 1,318,037 1,115,598 202,440 84.64% Transfers In1,872,581 1,881,274 1,899,927 1,951,218 1,929,090 1,599,242 329,848 82.90% Investment Earnings 140,000 114,957 140,000 125,984 160,000 61,178 98,822 38.24% Other Income27,450 20,440 30,450 54,303 40,950 21,898 19,052 53.47% Use of Fund Balance *254,891 - 58,541 - 523,835 - 523,835 0.00%Total General Fund Revenues34,082,737$ 35,680,861$ 35,811,011$ 36,493,169$ 37,898,933$ 24,475,961$ 13,422,972$ 64.58%General Fund Expenditures: General Government: Administration1,037,235$ 1,118,873$ 1,049,123$ 1,056,796$ 1,341,606$ 1,096,738$ 244,868$ 81.75% Finance933,624 869,759 957,275 924,832 978,752 787,625 191,127 80.47% Assessing641,038 607,443 707,139 652,015 759,865 564,516 195,349 74.29% Human Resources748,718 801,958 754,699 730,731 796,666 589,013 207,653 73.93% Community Development1,385,036 1,281,000 1,366,055 1,353,476 1,479,911 1,261,989 217,922 85.27% Facilities Maintenance1,115,877 1,099,973 1,132,774 1,128,339 1,162,342 975,097 187,245 83.89% Information Resources1,564,128 1,492,734 1,570,712 1,421,685 1,589,432 1,159,255 430,177 72.94% Communications & Marketing608,228 657,758 646,841 722,199 755,940 632,315 123,625 83.65% Community Outreach25,587 22,718 26,553 24,403 27,637 19,315 8,322 69.89% Engineering549,251 436,228 376,601 339,876 525,834 442,872 82,962 84.22%Total General Government8,608,722$ 8,388,443$ 8,587,772$ 8,354,352$ 9,417,985$ 7,528,735$ 1,889,250$ 79.94% Public Safety: Police8,698,661$ 8,754,092$ 9,217,988$ 9,255,342$ 9,930,681$ 7,907,083$ 2,023,598$ 79.62% Fire Protection4,030,153 3,939,435 4,407,656 4,319,457 4,657,973 3,794,556 863,417 81.46% Inspectional Services2,216,075 2,082,694 2,419,073 2,271,301 2,544,762 1,862,006 682,756 73.17%Total Public Safety14,944,889$ 14,776,220$ 16,044,717$ 15,846,100$ 17,133,416$ 13,563,645$ 3,569,771$ 79.16% Operations & Recreation: Public Works Administration241,304$ 240,497$ 266,249$ 245,942$ 230,753$ 162,515$ 68,238$ 70.43% Public Works Operations2,907,781 2,699,375 3,019,017 2,809,715 3,091,857 2,310,841 781,016 74.74% Organized Recreation1,431,260 1,396,737 1,472,996 1,470,613 1,582,490 1,279,314 303,176 80.84% Recreation Center1,602,935 1,687,724 1,744,651 1,856,529 1,860,755 1,663,052 197,703 89.38% Park Maintenance1,634,249 1,627,700 1,721,732 1,797,271 1,830,530 1,547,742 282,788 84.55% Westwood Nature Center576,173 555,887 602,400 572,942 622,346 484,048 138,298 77.78% Natural Resources479,408 362,094 550,235 430,995 559,662 309,085 250,577 55.23% Vehicle Maintenance1,358,946 1,130,622 1,384,038 1,088,375 1,253,367 965,643 287,724 77.04%Total Operations & Recreation10,232,056$ 9,700,637$ 10,761,318$ 10,272,383$ 11,031,760$ 8,722,240$ 2,309,520$ 79.06% Non-Departmental: General 30,351$ 63,648$ 31,909$ 31,859$ 43,422$ 33,798$ 9,624$ 77.84% Transfers Out- 1,873,000 - 885,000 - - - 0.00% Council Programs198,000 37,136 160,864 0.00% Contingency266,719 104,224 385,295 188,254 74,350 - 74,350 0.00%Total Non-Departmental297,070$ 2,040,871$ 417,204$ 1,105,113$ 315,772$ 70,934$ 244,838$ 22.46%Total General Fund Expenditures34,082,737$ 34,906,172$ 35,811,011$ 35,577,947$ 37,898,933$ 29,885,554$ 8,013,379$ 78.86%*Primarily related to E911 capital items from restricted fund balance.Study session meeting of November 26, 2018 (Item No. 5) Title: October 2018 monthly financial reportPage 4
Budget to Actual - Enterprise FundsAs of October 31, 2018 Current BudgetOct Year To DateBudget Variance% of BudgetCurrent BudgetOct Year To DateBudget Variance% of BudgetCurrent BudgetOct Year To DateBudget Variance% of BudgetCurrent BudgetOct Year To DateBudget Variance% of BudgetOperating revenues: User charges 6,177,384$ 4,155,067$ 2,022,317$ 67.26% 7,421,016$ 5,405,568$ 2,015,448$ 72.84% 3,590,500$ 2,252,312$ 1,338,188$ 62.73% 3,024,731$ 2,153,762$ 870,969$ 71.21% Other 375,750 513,374 (137,624) 136.63% 30,000 21,730 8,270 72.43% 140,000 92,179 47,821 65.84% - 166,000 (166,000) Total operating revenues6,553,134 4,668,441 1,884,693 71.24% 7,451,016 5,427,298 2,023,718 72.84% 3,730,500 2,344,491 1,386,009 62.85% 3,024,731 2,319,762 704,969 76.69%Operating expenses: Personal services1,377,010 1,181,454 195,556 85.80% 689,225 676,756 12,469 98.19% 631,295 496,780 134,515 78.69% 796,527 531,625 264,902 66.74% Supplies & non-capital430,300 172,756 257,544 40.15% 65,550 31,142 34,408 47.51% 184,750 55,804 128,946 30.21% 31,600 1,992 29,608 6.30% Services & other charges1,704,224 1,450,324 253,900 85.10% 4,605,626 4,226,600 379,026 91.77% 3,014,442 1,992,296 1,022,146 66.09% 595,187 217,754 377,433 36.59% Depreciation * Total operating expenses3,511,534 2,804,534 707,000 79.87% 5,360,401 4,934,498 425,903 92.05% 3,830,487 2,544,880 1,285,607 66.44% 1,423,314 751,371 671,943 52.79%Operating income (loss)3,041,600 1,863,907 1,177,693 61.28% 2,090,615 492,800 1,597,815 23.57% (99,987) (200,389) 100,402 200.42% 1,601,417 1,568,391 33,026 97.94%Nonoperating revenues (expenses): Interest income 15,172 15,765 (593) 103.91% 2,391 8,148 (5,757) 340.78% 15,000 7,819 7,181 52.13% 14,800 9,359 5,441 63.24% Debt issuance costs- (92,225) 92,225 - (18,740) 18,740 - - - Interest expense/bank charges(176,342) (284,874) 108,532 161.55% (26,584) (46,420) 19,836 174.62% (25,500) (15,002) (10,498) 58.83% (40,897) (31,545) (9,352) 77.13% Total nonoperating rev (exp)(161,170) (361,334) 200,164 224.19% (24,193) (57,012) 32,819 235.65% (10,500) (7,183) (3,317) 68.41% (26,097) (22,186) (3,911) 85.01%Income (loss) before transfers2,880,430 1,502,573 1,377,857 52.16% 2,066,422 435,788 1,630,634 21.09% (110,487) (207,572) 97,085 187.87% 1,575,320 1,546,205 29,115 98.15%Transfers inTransfers out(601,985) (501,654) (100,331) 83.33% (823,637) (686,364) (137,273) 83.33% (234,046) (195,038) (39,008) 83.33% (322,459) (268,716) (53,743) 83.33%NET INCOME (LOSS)2,278,445 1,000,919 1,277,526 43.93% 1,242,785 (250,576) 1,493,361 -20.16% (344,533) (402,610) 58,077 116.86% 1,252,861 1,277,489 (24,628) 101.97%Items reclassified to bal sht at year end: Capital Outlay(3,316,199) (2,990,578) (325,621) 90.18% (1,619,500) (355,361) (1,264,139) 21.94%- - - (2,688,977) (17,213) (2,671,764) 0.64%Revenues over/(under) expenditures(1,037,754) (1,989,659) 951,905 (376,715) (605,937) 229,222 (344,533) (402,610) 58,077 (1,436,116) 1,260,276 (2,696,392) *Depreciation is recorded at end of year (non-cash item).Water SewerSolid WasteStorm WaterStudy session meeting of November 26, 2018 (Item No. 5) Title: October 2018 monthly financial reportPage 5
Meeting: Study session
Meeting date: November 26, 2018
Written report: 6
Executive summary
Title: Zoning guidelines for ground floor window transparency requirements
Recommended action: Contact staff with any feedback on the draft ordinance.
Policy consideration: Does the draft zoning language achieve city council’s goal of increasing
ground floor transparency for commercial areas within the city?
Summary: The city has regulated the amount of ground floor transparency in planned unit
developments to increase the interaction between the internal spaces of a building with the
public realm. One of the city’s goals is to allow people inside buildings to easily observe street
life, and improve public safety. Ground floor transparency regulations are particularly
important in areas where there is high pedestrian traffic, as transparency can help create a
vibrant and safer street. Ground floor windows and transparent doors may also strengthen the
commercial viability of a use by attracting customers and adding to the enjoyment of the
pedestrian’s experience on the street.
In summer 2018, city council directed staff and the planning commission to consider zoning
standards for ground floor window transparency to increase vibrancy along the city’s commercial
streets. The planning commission has since discussed the importance of ground floor
transparency requirements at study sessions. They would like to see ground floor transparency
required for all street facing facades in the C-1 and C-2 commercial zoning districts, and for retail,
service, and restaurant uses in the Office and Business Park zoning districts. They prefer a higher
percentage of transparency at the building front, and a lesser percentage on the other street
facing sides of the buildings. They also want to allow for the display of merchandise. They would
also like to include a certain amount of flexibility in the ordinance to allow for people to install
other pedestrian amenities that provide a vibrant street that meets the intent of the ordinance.
This ordinance limits window opacity to 10 percent of the total ground floor window area and
prohibits storage areas, utility closets, and trash storage from being visible from the exterior of
the building, to discourage several of the issues raised at the 4800 Excelsior building.
Financial or budget considerations: None at this time.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Draft ordinance
Planning commission study session minutes
City council study session minutes (page 2)
Prepared by: Jennifer Monson, Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
Study session meeting of November 26, 2018 (Item No. 6) Page 2
Title: Zoning guidelines for ground floor window transparency requirements
Draft Ordinance
Transparency means the measurement of the percentage of a facade that has highly transparent, low
reflectance windows at the pedestrian level, measured between 2 feet and 8 feet above grade.
************
36-366 Architectural design
**
(b)Standards.
**
(3)Ground floor transparency.
a.The following façade design guidelines shall be applicable to all ground floor street-facing
facades in the C-1 and C-2 Districts, and retail, service, and restaurant uses in O and BP
Districts:
i.No more than 10% of total window and door area shall be glass block, mirrored,
spandrel, frosted or other opaque glass, finishes or material including window
painting and signs. The remaining 90% of window and door area shall be highly
transparent, low reflectance windows with a minimum sixty percent
transmittance factor and a reflectance factor of not greater than 0.25.
ii.Storage areas, utility closets, and trash areas shall not be visible from the exterior
of the building.
iii.Visibility into the space shall be maintained for a minimum depth of three (3) feet.
This requirement shall not prohibit the display of merchandise.
iv.For all new buildings constructed after January 1, 2019, the minimum ground
floor transparency shall be 65% on the front façade, and 20% on all other ground
floor street facing facades.
v.Alternatives that provide an increase in pedestrian vibrancy and street safety
including but not limited to public art and pedestrian scale amenities may be
considered and may be approved by the Zoning Administrator, unless the
development application requires approval by City Council, in which case the City
Council shall approve the alternate transparency plan.
Study session meeting of November 26, 2018 (Item No. 6) Page 3
Title: Zoning guidelines for ground floor window transparency requirements
Planning commission study session minutes
July 11, 2018
3.Window Transparency Ordinance
Ms. Monson introduced the topic. She said the Council discussed window transparency at its
July 16 study session and wants to look further at regulations for transparency requirements;
particularly for high pedestrian areas and ground floor retail. She said staff is asking for the
commission’s guidance on how to craft and apply the proposed regulations.
The Chair commented that it’s hard to provide flexibility. What can you do to meet the intent
but still meet your needs.
Commissioner Kraft asked about levels of transparency, and reasons why it might not be 100%
transparent.
Ms. Monson spoke about the amount of depth between the pedestrian level and the use.
The Chair spoke about the difficulty of providing transparency and privacy.
Ms. Monson provided transparency requirement examples at Excelsior & Grand, Shops at West
End, Elmwood, PLACE and Bridgewater.
The Chair stated that visual in/visual out is an important element.
Commissioner Kraft asked how violations are handled.
Staff responded that similar to signage, there is enforcement.
Commissioner Carper said he’d like to see something that shows what exists today to see all the
variation; for example on Excelsior Blvd. He spoke about businesses also needing to function
and losing important sales space to transparency requirements.
Commissioner Kraft spoke about Byerly’s downtown which is very active, very glassy and has
lots of display.
The Chair asked if we are looking at particular uses or particular streets.
Mr. Walther responded we are still considering applying the rules based upon both the uses on
the first floor and the adjacency to the streets.
Ms. Monson remarked that uses can change. If requirements are based on street location the
transparency might not be workable everywhere but there may be other alternative elements
that could be added to make it more pedestrian friendly.
Ms. Monson said staff will come up with examples for review.
Study session meeting of November 26, 2018 (Item No. 6) Page 4
Title: Zoning guidelines for ground floor window transparency requirements
October 17, 2018
3.Transparency Requirements
Ms. Monson discussed Council’s desire to look at transparency requirements for commercial
buildings in general and as part of the MX district. She spoke about proposed requirements
which would require ground floor window transparency for all street facing facades at the front
of the building. This would include C1 and C2 districts as well as retail service and restaurants
in the Office and BP districts.
There was a lengthy discussion about wrap around transparency for secondary streets.
There was discussion about active permitted uses being maintained for a minimum depth of 15
feet as being too onerous for businesses.