HomeMy WebLinkAbout2000/10/16 - ADMIN - Agenda Packets - City Council - Regular 1
AGENDA - CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
October 16, 2000
7:30 p.m.
7:15 p.m. - Economic Development Authority
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations - None
3. Approval of Minutes
a. City Council Minutes of October 2, 2000
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Consent Items
NOTE: Consent items are those items of business which are considered to be routine and/or
which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to
an appropriate section of the regular agenda for discussion.
a. Approval of Agenda
Action: Motion to approve (Alternatively, motion to add or remove items from
the agenda, motion to move items from consent to regular agenda for
discussion).
b. Approval of Consent Items
1. Waive reading of resolutions and ordinances
2. Motion to award a contract to Custom Products and Services for sidewalk snow
removal services in the Excelsior Boulevard Special Service District No. 1 in the
amount of $70,275 for each of the next three (3) snow removal seasons, 2000-2003.
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3. Motion to award a contract to British Landscapes Ltd. for sidewalk snow removal
services in the Excelsior Boulevard Special Service District No. 2 for each of the next
three (3) snow removal seasons, 2000-2003.
4. Accept the following reports for filing
a. Vendor Claim List
b. Planning Commission Minutes of September 6, 2000
Action: Motion to approve Consent Items
5. Public Hearings
5a. Public Hearing and First Reading of Three Ordinances Relating to Licensing of
Contractors, Businesses, Temporary Uses, Animals and Courtesy Benches
Amending Chapters 8, 11, 13 and Adopting Chapter 16 on Licensing Regulations.
Proposed Ordinances replace existing regulations except for those associated with
gambling and liquor with a new chapter on licensing in addition to adopting several
Minnesota State Codes by reference.
Recommended
Action:
Mayor to Close Public Hearing. Motion to adopt:
1. An Ordinance Amending Chapter 11 Of The St. Louis Park
Municipal Code By Adopting Certain Environmental And Public
Health Regulations By Reference
2. An Ordinance Amending Chapter 8 Of The St. Louis Park
Municipal Code, Concerning Open Burning Within The City Of
St. Louis Park
3. An Ordinance Deleting Portions Of Chapters 11, 13, And 15 Of The
St. Louis Park Municipal Code And Adopting A New Chapter 16
Concerning Licensing Of Businesses And Activities Within The City
6. Requests and Communications from the Public – None
7. Resolutions, Ordinances, Motions
7a. 1st Reading of an Ordinance Amending sections 6-155 and 11-103 of the Municipal
Code regarding declaration of snow and ice as a nuisance and notice to property
owner
Removal of an older section of the code which conflicts with more recently passed
provisions and modification of the time frame given to property owners to remove ice
and snow from sidewalks.
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Recommended
Action:
Motion to approve first reading of the ordinance.
7b. Approval of Contract for Organizational Development Services
Approve contract with Bridget Gothberg to perform organizational development services
for the City of St. Louis park effective 1/1/01.
Recommended
Action:
Motion to approve the contract effective 1/1/01.
8. Boards and Committees
a. Reappointment of Jim Lanenberg to Police Civil Service Commission
9. Communications
10. Adjournment
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UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
OCTOBER 2, 2000
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
2. Presentations
a. Radon Awareness Week Proclamation – Mayor Jacobs read a proclamation declaring
Radon Awareness Week.
b. Minnesota Cities Week Proclamation – Mayor Jacobs read a proclamation declaring
Minnesota Cities Week.
3. Roll Call
The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chris
Nelson, Sue Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs.
Also present were the City Manager (Mr. Meyer); City Clerk (Ms. Reichert); City Attorney
(Ms. Poehler); Director of Human Resources (Ms. Goham); Engineering Superintendent
(Mr. Moore); and Recording Secretary (Ms. Olson).
4. Approval of Minutes
a. City Council Minutes of September 18, 2000
Page 8, Item 8b, add to Councilmember Sanger’s comments “Councilmember Sanger withdrew
the motion and then offered a new motion to amend the resolution with the modified weekend
hours stated above. Mr. Palmatier indicated his acceptance of this amendment. It was seconded
by Councilmember Nelson, and the motion passed 5-0. Councilmember Sanger then offered
another motion to amend the resolution to limit construction vehicles on W. 16th Street as stated
above. The motion was seconded by Councilmember Latz and was defeated 1-4.”
b. City Council Study Session Minutes of September 25, 2000
Page 11, Item 1, add “Councilmember Latz expressed to the Boy Scouts representative his
opposition to their policy to discriminating in their membership and leadership against
homosexuals.”
Page 11, Item 1, add “Councilmember Sanger concurred with Councilmember Latz on this
issue.”
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Page 12, Item 3, Paragraph 6, change to “Councilmember Sanger questioned the need the need
for such an extensive or comprehensive study as was proposed.”
Page 13, Item 6, Paragraph 3, change first sentence to “Councilmember Sanger felt construction
money was for playground and other equipment for the Blackstone Park”.
c. City Council Study Session Minutes of August 14, 2000
Page 15, Item 2 , Paragraph 6, change “should be dealt with a more elaborate ordinance” to
“should be dealt with in the nuisance ordinance” and add “Councilmember Latz also stated that
in this particular case, it was not an appropriate for a detailed nuisance ordinance.”
5. Approval of Agenda and Consent Items
NOTE: Consent items are those items of business which are considered to be routine and/or
which need no discussion. Consent items are acted upon by one motion. If discussion is desired
by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
a. Approval of Agenda
It was moved by Councilmember Latz, seconded by Councilmember Nelson, to approved the
agenda. The motion passed 7-0
b. Approval of Consent Items
Councilmember Young asked that an issue (salary for election judges) related to Item 7a be
discussed at a future Study Session.
It was moved by Councilmember Latz, seconded by Councilmember Santa, to approve the
Consent Items as listed below. The motion passed 7-0.
1. Waive reading of resolutions and ordinances
2. Adopt the attached resolution that accepts this report considering major equipment
replacement scheduled and budgeted for 2001 and authorizes staff to acquire
equipment as allowed by Statute, Charter, or Ordinance.
3. Motion to approve the resolution for the Cobblecrest neighborhood revitalization
grant.
4. Case No. 99-17-S: Adopt a resolution to grant St. Luke’s Church, 5524 W. 41st
Street, and approximately one year extension for final plat filing for St. Luke’s
Addition and amend the original resolution to extend the deadline to October 16,
2000.
5. Approve the resolution designating the City Clerk to be both the Responsible
Authority and the Data Compliance Official of the City for the purposes of
administering the Data Practices Act.
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6. Rescind Resolution No. 5486 and approve the attached resolution authorizing the
placement of no parking signs for traffic control.
7. Vendor Claim List: Accept the following reports for filing.
8. Adopt Resolutions Authorizing Final Payments
a. Nadeau Utility – Entry sign & improvements
Contract No. 54-99 $17,276.66
b. Valley Rich Co, Inc. – San sewer & drop assembly repairs
Contract No. 45-00 $493.50
6. Public Hearings - None
7. Requests and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Second Reading Liquor License Ordinance Revisions
Cindy Reichert, City Clerk presented a staff report and recommended approval.
Councilmember Brimeyer asked if establishments had been notified of the changes.
Ms. Reichert indicated that establishments had been sent written notification of three meetings at
which liquor license fees were to be discussed and that she had received no response from any
licensees as a result of that letter. In addition, the Sun Sailor had run a front page article about
liquor license fees in which specific fee amoutns were enumerated. She stated that she had
spoken to some licensees about this and other license related issues and that the fee changes were
generally well accepted by those persons.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt the
ordinance, approve the summary and authorize publication of an ordinance amending Chapter
13, Part 3 of the St. Louis Park Municipal Code concerning license fees for the sale,
consumption and display of alcoholic beverages and allowing for restrictions on issuance of
licenses to certain areas within the City. The motion passed 7-0.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the
resolution setting liquor license fees for the 2001 licensing year. The motion passed 7-0.
Councilmember Sanger asked if the Council would have the authority to limit it to certain areas
of the City without at that point specifying what the areas of the City were.
Ms. Reichert stated that the ordinance change would allow the City to limit it to certain areas
within the City and the resolution places that limitation.
Councilmember Latz asked if the City was anticipating any applications for any on-sale liquor
licenses.
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Ms. Reichert stated that no applications for on-sale intoxicating liquor licenses were pending.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the
resolution limiting issuance of on-sale intoxicating liquor licenses to the Park Commons
development area. The motion passed 7-0.
8b. Police Officer Contract LELS #206 1/1/00 – 12/31/01
Nancy Goham, Human Resource Director presented a staff report and recommended approval.
She noted that this was one of the City’s first contracts that had a performance pay program.
Councilmember Brimeyer was concerned that with a performance program like this it may
become too easy to give everybody performance pay. He suggested discussing what outcomes,
end results, or productive measurable almost quantifiable items that performance pay would be
based on at a Study Session.
Ms. Goham stated that the Police Development was currently working on that tool. She stated
that every employee within that group would be eligible each year to obtain that performance
pay piece unless the City sets up some other unique criteria, but this determination had not been
made yet.
Charlie Meyer, City Manager briefly described the philosophy behind the performance pay
program and noted that the persons eligible would be police officers already operating at a higher
than average level. He stated that this was not intended to be a guarantee, however the City was
hoping that most of the officers are able to operate at a level that they do become eligible.
Councilmember Brimeyer noted that it was difficult to measure level of performance.
Councilmember Nelson stated that he supported the pay performance and the creation of the new
support service agent position, but questioned if much thought went into that title. He stated that
he was opposed to this benefit package. He stated that the City was confusing how much a
benefit and salary package cost the City verses what ends up in the take home portion of a
paycheck. He stated that the City was penalizing people with dependents that have to pay more
for health insurance and rewarding employees that don’t have to pay as much for benefits. He
believed that the City was bowing to some perceived need for political correctness.
Councilmember Latz stated that he didn’t believe that this was the appropriate way to approach
this issue. He stated that he believed that the city must compensate equal pay for equal work and
that lifestyle or family arrangements were by employee choice. That choice was irrelevant of the
compensation for work issue. He asked staff what determined the amount of performance pay
that was granted.
Ms. Goham stated that in the contract amount it was stated as a set amount.
Councilmember Latz stated that a cap may be appropriate and should be negotiated because it
may have a substantial impact on the budget.
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Councilmember Sanger commended staff and hoped that this became a model for other job
categories as well. She believed it was critical to correct the mischaracterization of the benefit
equalization. She stated that there was no money being taken away from any employee’s pocket,
but rather this was an equalization.
Councilmember Brimeyer asked when the performance pay piece would go into affect.
Ms. Goham stated that employees would be eligible 12 months after the individuals were in
position and the program was set.
Councilmember Nelson stated that he was not disputing that employees should be paid the same
amount for their work. He simply felt that benefits were not compensation.
Charlie Meyer, City Manager described the approach to establishing the support services agent
position.
It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt the
resolution approving a Labor Agreement between the City and Police Officers LELS #206,
establishing terms and conditions of employment for the duration of 1/1/00 – 12/31/01. The
motion passed 7-0.
8c. Consultant Retention for Professional Engineering Services for 2001 Storm Water
Improvement Projects
Carleton Moore, Engineering Superintendent was present to answer questions.
It was moved by Councilmember Latz, seconded by Councilmember Young, to authorize the
Mayor and City Manager to execute a contract with WSB & Associates, Inc. (WSB) for services
associated with the development of the plans and specifications for the storm water improvement
projects scheduled for 2001. The motion passed 7-0.
9. Board and Committees
a. Reappointment of John Mann to Fire Civil Service Commission
It was moved by Councilmember Young, seconded by Councilmember Santa to reappoint John
Mann to the Fire Civil Service Commission. The motion passed 7-0.
b. Appointment of Nancy Nelson to the Parks and Recreation Advisory Commission
It was moved by Councilmember Nelson, seconded by Councilmember Sanger to appoint Nancy
Nelson to the Parks and Recreation Advisory Commission. The motion passed 7-0.
10. Communications
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From the City Manager – Charlie Meyer asked the Council to give their comments about the
new agenda format to the Cindy Reichert, City Clerk.
From the Mayor – None
11. Adjournment
It was moved by Councilmember Nelson, seconded by Councilmember Latz, to adjourn the
meeting at 8:19 p.m. The motion passed 7-0.
City Clerk Mayor
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City of St. Louis Park
City Council Agenda Item #5a
Meeting of October 16, 2000
5a. Public Hearing and First Reading of Three Ordinances Relating to Licensing of
Contractors, Businesses, Temporary Uses, Animals and Courtesy Benches
Amending Chapters 8, 11, 13 and Adopting Chapter 16 on Licensing Regulations.
Proposed Ordinances replace existing regulations except for those associated with
gambling and liquor with a new chapter on licensing in addition to adopting several
Minnesota State Codes by reference.
Recommended
Action:
Mayor to Close Public Hearing. Motion to adopt:
1. An Ordinance Amending Chapter 11 Of The St. Louis Park
Municipal Code By Adopting Certain Environmental And Public
Health Regulations By Reference
2. An Ordinance Amending Chapter 8 Of The St. Louis Park
Municipal Code, Concerning Open Burning Within The City Of
St. Louis Park
3. An Ordinance Deleting Portions Of Chapters 11, 13, And 15 Of The
St. Louis Park Municipal Code And Adopting A New Chapter 16
Concerning Licensing Of Businesses And Activities Within The City
Background
Two events were occurring simultaneously that prompted a comprehensive evaluation of the
licensing chapter of the City Code. The first occurred during the initial stages of recodification
of the City Code. Staff and reviewing attorneys determined that the ages, size and formatting of
the individual ordinances which made up the chapter would create much difficulty in the
recodification process. Secondly, the Inspections Department realized the amount of time and
frustration experienced by the public and city staff alike in attempting to comply with the
multitude of fragmented requirements of the current licensing section of the code was
unacceptable.
During the March 13, 2000 Study Session, staff and Council discussed the guiding principles
used in the development of a licensing program. An initial draft of the ordinance was presented
and discussed with the policy on setting fees during the August 28th Study Session. Letters
informing all current license holders of the Public Hearing and proposed changes, including fees,
were mailed out earlier this month.
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Purpose of Licensing
State Statute grants cities the power to regulate, by license, any activity which may adversely
affect the public health, safety and comfort of citizens in the community. The State requires
cities to license certain activities such as liquor and tobacco. A city may also license businesses
and activities subject to local authority. All provisions of a sound licensing ordinance must serve
a purpose and also meet tests of constitutionality and reasonableness.
Some of St. Louis Park’s licensing provisions have been in effect for nearly 30 years without
significant modification. Customers consider our licensing requirements to be archaic and
inflexible. These observations have, unfortunately, earned the City a reputation of being
unfriendly to business and difficult to interact with.
The existing Licensing Ordinance and related administrative practices do not adequately reflect
technological, sociological and administrative changes that have taken place since many of them
were written. The condition of our regulations cause significant expenditures of City resources
with questionable results, and diverts valuable resources from other department functions.
New Format
The proposed License Chapter has been developed to avoid repetition of process and
requirements. The current chapter is made up of individual ordinances, which have been
assembled together creating a significant volume of the licensing section. The new ordinance is
written as a single ordinance with articles for: general licensing provisions; contractor; business;
temporary use; animal; and courtesy bench licenses. Each of these articles has specific
requirements unique to that type of license. Attachment “A” is an outline of proposed Chapter
16 identifying the various articles and license types to be found within each section.
Licensing for apartment buildings is being removed from the housing code requirements of
Chapter 15 and integrated into the business license article of the new chapter 16.
Chapter 16 Licensing Highlights
The effects of deleting over two hundred pages of code and adopting more than fifty pages in a
new licensing chapter will result in a variety of positive changes, some which may or may not be
readily apparent to current licensees. Eliminating redundant language from the code resulted in
most of the size reduction. Significant results of the ordinance are as follows:
Elimination of Some Licenses
Some license types have become obsolete due to newer State or City Codes and
regulations. The clearest example is with the licensing of plumbing contractors. Many
years ago the Minnesota Department of Health began a statewide program of
licensing/regulating all people performing plumbing work. St. Louis Park, along with
only a few other cities, were permitted to continue with local licensing of plumbers under
a grandfather clause. However, this duplication in licensing has not provided any
increase in service to our residents and creates a hindrance and additional expense to
plumbers working within our community. Other license types proposed for deletion
include: Taxi Companies, including vehicles and drivers; Mechanical Amusement
Devices, including pinball and video machines; Gasoline Service Stations; Private Fuel
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Outlets; Animal Training Schools; Massage Therapists; Portable Toilets; Taxidermy; and
Sign Contractors.
Condensing of License Types
The intent throughout the ordinance development has been to simplify license categories
and to combine similar types when possible. An example of this includes the reduction in
the number of food and beverage license categories from twelve to four and the issuing of
a single license to a business that may have multiple food and beverage uses occurring
within the same building under the same management. Simplification has also occurred
through elimination of the individual video machine licensing by adding a general
business license for arcade establishments. Another example is issuing a public sanitary
facility license for health clubs and not licensing each individual pool, shower or sauna
within the facility.
Insurance and Bonding
The insurance requirements for most licensed contractors working within the city would
be equalized and raised to a minimum of $500,000 comprehensive general liability
insurance. It is the feeling of the City’s insurance agent and attorney that the insurance
levels be raised to reflect current litigation costs and expenses which could occur from a
contractor doing business within the City. The requirement for contractors to maintain a
bond on a city issued form will be eliminated.
Fees
Due to the license type changes, the entire fee structure has been revised and is available
as Attachment “B” for your review. The fees will be adopted by resolution, which will
be considered at the November 6th meeting following the second reading of each of these
three ordinances. Fees have been set to reflect the cost increase in providing and
licensing inspection services in accordance with the Ordinance.
The amount that a contractor or business pays will vary depending on license type. Some
fees will be decreasing, others will remain similar and certain licenses will be increasing.
Increases will be noticeable in situations where the fees have remained constant for the
past 28 years.
Animals
Dog licenses will convert from an annual renewal on February 1st to the date when each
dog’s rabies vaccination expires. The capabilities of computers will allow us to send out
a license renewal reminder to each household in advance of when the license is about to
expire. This will help ensure that licensed dogs have current vaccinations and will help
reduce the congestion that occurs when 1500 dog licenses are being renewed at the same
time every year.
Since multi-year vaccinations are now available, the license term will become variable
from 1-3 years depending on the length of the vaccination and choice of the owner.
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Bus Benches
The provisions for courtesy bus benches, a form of off site advertising, have been isolated
into a separate section of the ordinance due to the fact that a review of the city’s policy on
bus benches is planned for early next year. Over the next few months Staff will be
reviewing current bus bench locations in light of changes to transit routes which are
occurring. The city will also be considering the question of whether the city should
continue leasing right of way to individual companies for off-site advertising in the form
of bus benches, or whether it would be more prudent for the city to negotiate a contract
for transit station services and amenities city-wide.
Chapter 8 Highlights
Requirements and permits for open burning are being moved from Licensing into chapter 8, the
Fire Code. The new requirements will work in conjunction with the Minnesota Uniform Fire
Code as adopted by the City. The Fire Department is responsible for and will continue to issue
fire permits.
Chapter 11 Highlights
The ordinance will be adopting 4 State codes by reference into chapter 11: Air Quality; Food
Code; Public Pools; and Lodging establishments. Our current Food Code was developed by City
staff previous to the State Code and was written into the licensing provisions, similar to air
quality and other regulations. The proposed amendments will place code requirements and
adoption of codes as stand alone requirements. Licensing will become separate from the codes
but still require compliance with all applicable codes.
Prepared by: Brian Hoffman, Director of Inspections
Approved by: Charles W. Meyer, City Manager
Attachments: Chapter 16 Outline
Proposed License and Registration Fees
Chapter 8
Chapter 11
Chapter 16
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OUTLINE
Proposed Chapter 16 - Licensing
Article I - General Licensing Provisions
Definitions
Article II - Contractor Licenses
Requirements
1. Types of Licenses
2. Housing Compliance Inspector
3. Mechanical (Conditioned Air Systems, Steam and Hot Water Systems, Refrigeration
Systems and Equipment and/or Gas Piping Endorsements)
4. Solid Waste Collection
5. Tree Maintenance and Removal
Article III - Business Licenses
Requirements
Types of Licenses
1. Commercial Entertainment Establishments
2. Environmental Emissions
3. Food and Beverage Establishments (Classes L, M, H and H-plus)
4. Public Sanitary Facilities
5. Massage Therapy Establishments
6. Lodging (Hotel/Motel)
7. Multi-Family Rental Housing
8. Sexually Oriented Business (Limited & High Impact)
9. Tobacco Products and Tobacco Related Devices Sales
10. Vehicle Parking Facility (Enclosure and/or Ramp Endorsements)
11. Pawnbrokers
12. Dog Kennels
13. Billboards
Article IV - Temporary Use Licenses
Requirements
Types of licenses
1. Temporary Food Service
2. Temporary Outdoor Retail Sales
3. Circuses, Carnivals, Amusement Rides and Petting Zoo’s
4. Peddlers, Solicitors and Transient Merchants Registration
Article V - Animal Licenses
Requirements
Type of licenses
1. Dogs (1, 2 or 3 Year Tags)
Article VI – Courtesy Benches
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City of St. Louis Park
Proposed License and Registration Fees – 2001
(Will be considered for adoption by resolution on November 6, 2000)
License Type Proposed Fee*
Contractor License
Housing Compliance Inspector $ 85.00
Mechanical $ 85.00
Competency Test (housing inspector, mechanical) $ 25.00
Competency Renewal-3 year (mechanical only) $ 15.00
Solid Waste Collection $ 175.00
Tree Maintenance and Removal $ 50.00
Vehicle Decal-per vehicle (solid waste, tree maintenance) $ 15.00
Business License
Commercial Entertainment $ 250.00
Environment Emissions $ 125.00
Food and Beverage Establishments
Class H+ $ 725.00
Class H $ 525.00
Class M $ 325.00
Class L $ 175.00
Public Sanitary Facilities
Class I $ 700.00
Class II $ 250.00
Class III $ 175.00
Massage Therapy Establishment $ 125.00
Lodging (Hotel/Motel)
Building Fee $ 75.00
Unit Fee $ 2.00
Multiple Family Rental Housing
Building Fee $ 75.00
Unit Fee $ 4.00
Sexually Oriented Business
Investigation Fee (High Impact) $ 500.00
High Impact $ 4,500.00
Limited Impact $ 125.00
Tobacco Products and Tobacco Related Devices Sales $ 250.00
Vehicle Park Facilities
Parking Ramp $ 75.00
Enclosed Parking $ 125.00
Pawnbrokers $ 250.00
Dog Kennel $ 125.00
Billboards $ 125.00
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Business License Late Fee $25 or 20% of the annual fee whichever is greater
Transfer of Business License Ownership $ 50.00
Temporary Use (not an annual license)
Temporary Food Service (over 3-days) $ 125.00
Temporary Food Service (1-3 consecutive days) $ 75.00
Temporary Outdoor Retail Sales $ 100.00
Circuses, Carnivals and Amusement Rides $ 250.00
Petting Zoos $ 50.00
Solicitor/Peddler Registration $ 50.00
Animal License
Dog-1 year $ 15.00
Dog-2 year $ 25.00
Dog-3 year $ 35.00
Penalty for no license $ 35.00
Courtesy Bench
Each Bench $ 35.00
*Note: All fees are for annual license except where noted
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ORDINANCE NO. _________
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 11 OF THE
ST. LOUIS PARK MUNICIPAL CODE BY ADOPTING CERTAIN ENVIRONMENTAL
AND PUBLIC HEALTH REGULATIONS BY REFERENCE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 11 of the St. Louis Park Municipal Code is amended by adding a
new Part 12 to read as follows:
PART 12 - Environmental and Public Health Regulations Adopted by Reference
Section 11-1200: Air Quality Environmental Emissions Regulations Adopted. The City herein
adopts and incorporates by reference the Air Emissions Standards adopted by the Air Quality
Division of the Minnesota Pollution Control Agency as Minn. Rules Chapter 7011 and 7023, as
amended. A copy of the regulations, together with any applicable amendments, shall be marked
"St. Louis Park -- Official Copy" and shall be kept on file in the office of the City Clerk and
open to inspection and use by the public.
Section 11-1201: Food Code Adopted. The City herein adopts and incorporates by reference the
Food Code adopted by the Minnesota Department of Health and set forth in Minn. Rules Chapter
4626, as amended. A copy of the regulations, together with any applicable amendments, shall be
marked "St. Louis Park -- Official Copy" and shall be kept on file in the office of the City Clerk
and open to inspection and use by the public.
Section 11-1202: Public Swimming Pool Regulations Adopted. The City herein adopts and
incorporates by reference the rules establishing operation and maintenance, design, installation,
and construction standards for public pools and facilities related to them
adopted by the Minnesota Department of Health as Minn. Rules Chapter 4717, as amended. A
copy of the regulations, together with any applicable amendments, shall be marked "St. Louis
Park -- Official Copy" and shall be kept on file in the office of the City Clerk and open to
inspection and use by the public.
Section 11-1203: Lodging Establishments Regulations Adopted. The City herein adopts and
incorporates by reference the rules regulating lodging establishments adopted by the Minnesota
Department of Health as Minn. Rules 4625.0400 - .2355, as amended. One copy of the
regulations shall be marked "City of St. Louis Park -- Official Copy" and shall be kept on file in
the office of the City Clerk and open to inspection and use by the public.
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SECTION 2. Effective Date. This Ordinance shall take effect on January 1, 2001, after
its passage and publication.
ADOPTED this ______ day of ____________, 2000, by the City Council of the City of
St. Louis Park.
Attest:
City Clerk Mayor
Reviewed for Administration: Approved as to Form and Execution:
City Manager City Attorney
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ORDINANCE NO. _________
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 8 OF THE
ST. LOUIS PARK MUNICIPAL CODE, CONCERNING OPEN
BURNING WITHIN THE CITY OF ST. LOUIS PARK
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 8, Part 2 of the St. Louis Park Municipal Code is amended by
adding a new Section to read as follows:
Section 8-212: Open Burning.
A. Purpose. The purpose of this Chapter is to establish permitted categories of open burn
events within the City and to provide for a permitting process for open burning.
B. Definitions. For the purpose of this Chapter, the following words and phrases shall have
the meanings ascribed to them in this section:
BURNERS: Formerly called "burn barrels."
CAMP FIRE: Shall have the same meaning as "Recreational Fire."
NON- Fires under managed supervision for which a burning
RECREATIONAL permit has been issued by the Fire Chief or his/her
OPEN BURNING: designee and, where required by State law, from the Department of
Natural Resources, but limited to the following:
i) Fires purposely set for the instruction and training of public
and industrial firefighting personnel.
ii) Fires set for the elimination of a fire hazard, which cannot
be abated by any other practicable means.
iii) Fires purposely set for forest, prairie grass conservation and
game management purposes.
iv) The burning of trees, brush, grass and other vegetable
matter in the clearing of land, the maintenance of street,
road and highway right-of-way and in accepted agricultural
land management practices.
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OPEN BURNING or As defined in the Minnesota Fire Laws; Statute 88.01;
OPEN FIRE: Subdivision 23. Open fire; open burning.
OPEN BURNING A permit issued by the Fire Chief or his/her designee.
PERMIT:
RECREATIONAL As defined in the Minnesota Uniform Fire Code, adopted
FIRE: under Section 8-301 of the St. Louis Park Municipal Code.
C. Open Burning Prohibited. Except as otherwise provided herein, burners, open burning
and recreational fires shall be prohibited within the City of St. Louis Park.
Exemptions. The following open burning is permitted within the City, subject to
the requirements of this Section, by permit only:
1. Recreational Fires.
2. Non-recreational Open Burning.
Exemption to conduct fires under this section does not excuse a person from the
consequences, damages or injuries which may result therefrom nor does it exempt any
person from regulations promulgated by the Minnesota Pollution Control Agency or any
other governmental unit exercising jurisdiction in matters of pollution or fire hazard
regulation.
D. Recreational Fires. Recreational fires shall be conducted in accordance with Article 11 of
the Minnesota Uniform Fire Code, and as specified within the St. Louis Park
Recreational Fire Permit application.
E. Burning Permit Required. No person shall start or allow any open burning on any
property in the City, including Camp Fires and Recreation Fires, without first having
obtained an Open Burning permit.
F. Application and Fees. Open Burning permits shall be obtained by making application on
a form issued by the City and by paying the permit fee established from time to time by
resolution of the City Council. The Fire Chief or his/her designee shall have the authority
to waive the fee required under this Section if the Fire Chief deems issuance of the permit
to be in the best interest of the health, safety and welfare of the citizens of the City or to
enable the regeneration of vegetation.
G. Revocation of Open Burning Permit. The Open Burning Permit is subject to revocation at
the discretion of a DNR Forest/Conservation Officer, The City Fire Chief or his/her
designee, or the City Fire Warden. Reasons for revocation include, but are not limited to:
a fire hazard existing or developing during the course of the burn, any of the conditions
of the permit being violated during the course of the burn, pollution or nuisance
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conditions developing during the course of the burn, or a fire smoldering with no flame
present.
H. Burning or Air Quality Alert. No Open Burning will be permitted when the City or DNR
has officially declared a burning ban due to potential hazardous fire conditions or when
the Minnesota Pollution Control Agency "MPCA" has declared an Air Quality Alert.
I. Rules Adopted by Reference. Minnesota Statutes 88.01 to 88.22 are hereby adopted by
reference and made a part of this Ordinance as if fully set forth at this point.
J. Penalty. Any person violating any provision of this Section is guilty of a misdemeanor.
SECTION 2. Section 8, Part 2 of the St. Louis Park Municipal Code is amended by
adding a new Subpart and accompanying Section to read as follows:
Fireworks
Section 8-220: Fireworks.
A. Prohibition. Except as otherwise provided in this Section, no person shall have, keep,
store, sell, offer for sale, give away, use, transport, or manufacture any fireworks within
the City.
B. Fireworks Displays.
1. Exception. A fireworks display and associated temporary storage of fireworks is
permitted within the City by permit issued by the Fire Chief or his/her designee.
2. Requirements. Any person conducting a fireworks display or temporarily storing
fireworks for a fireworks display permitted by the City must comply with the
following:
a. The fireworks display must be supervised by a pyrotechnic operator
certified by the State Fire Marshall.
b. The fireworks display and temporary storage must be in compliance with
the Uniform Fire Code and all applicable requirements of Chapter 8 of the
St. Louis Park Municipal Code and any other reasonable conditions
required by the Fire Chief or his/her designee in issuing the permit.
C. Application and Fees. Fireworks display and temporary storage permits shall be obtained
by making application on a form issued by the City and by paying the permit fee
established from time to time by resolution of the City Council. The Fire Chief or his/her
designee shall have the authority to waive the fee required under this Section if the Fire
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Chief deems issuance of the permit to be in the best interest of the health, safety and
welfare of the citizens of the City.
SECTION 3. Effective Date. This Ordinance shall take effect on January 1, 2001, after
its passage and publication.
ADOPTED this ______ day of ____________, 2000, by the City Council of the City of
St. Louis Park.
Attest:
City Clerk Mayor
Reviewed for Administration: Approved as to Form and Execution:
City Manager City Attorney
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ORDINANCE NO. _________
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE DELETING PORTIONS OF CHAPTERS 11, 13, AND 15 OF THE ST.
LOUIS PARK MUNICIPAL CODE AND ADOPTING
A NEW CHAPTER 16 CONCERNING LICENSING OF BUSINESSES AND ACTIVITIES
WITHIN THE CITY
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Sections 11-201 through 11-259 of the St. Louis Park Municipal Code are
hereby deleted in their entirety.
SECTION 2. Sections 13-101 through 13-249 and Sections 13-401 through 13-1503 and
Sections 13-1700 through 13-1713 of the St. Louis Park Municipal Code are hereby deleted in
their entirety.
SECTION 3. Sections 15-340 through 15-349 of the St. Louis Park Municipal Code are
hereby deleted in their entirety.
SECTION 4. The St. Louis Park Municipal Code is amended by adding a new Chapter
16 to read as follows:
CHAPTER 16 - LICENSING
ARTICLE I. GENERAL PROVISIONS
Section 16-101: General Provisions. The general provisions provided under this Article shall
apply to all licenses required under this Chapter unless otherwise provided under the applicable
licensing criteria.
Section 16-102: Definitions. The following definitions when used in this Chapter shall have the
meanings ascribed to them in this Section:
AIR Any gaseous matter or particulate matter which, when present in the
CONTAMINANT: outdoor atmosphere contributes to a condition of air pollution, including, but
not limited to gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders,
and odors.
AIR POLLUTION: The presence in the atmosphere of one or more air contaminant or
combinations thereof which is or, may tend to be injurious to human health
or welfare or injurious to human, plant, or animal life or property, or that
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interfere with the comfortable enjoyment of life or property or the conduct of
business.
AMUSEMENT A business at one location devoted primarily to the operation of
ARCADE mechanical or electrical amusement devices and open for public use and
participation.
AMUSEMENT A mechanical or electrical machine which, upon the insertion of a
DEVICE: coin, token or slug, operates or may be operated for use as a game, contest or
amusement of any description, or which may be used for any such game,
contest or amusement, and which contains no automatic pay-off device for
the return of money, coins, checks, tokens, or merchandise, or which
provides for no such devices, and shall include pin-ball machines,
mechanical miniature pool tables, bowling machines, shuffleboards, electric
rifle or gun ranges, miniature mechanical devices and games or amusements
patterned after baseball, basketball, hockey, tennis, soccer, juke boxes and
similar games, which may be used solely for amusement and not as
gambling devices.
ATMOSPHERE: The air that envelopes or surrounds the earth.
BILLBOARD: A sign which is used for the primary purpose of selling space advertising a
product, service, business, or event which is not offered for sale or rent or
does not take place on the premises on which the sign is located.
BOARDING A food and beverage service establishment where food or beverages,
HOUSE: or both, are furnished to five or more regular boarders, whether with or
without sleeping accommodations, for periods of one week or more.
CITY: The City of St. Louis Park, Minnesota.
COMMERCIAL An amusement arcade, when the arcade is the principal operation of
ENTERTAINMENT the business establishment, a roller skating rink, or a movie theater.
ESTABLISHMENT:
COURTESY Any bench or seat located on any public sidewalk along a street or
BENCH: thoroughfare or on any public right-of-way along a street or thoroughfare
or on private property dedicated to public use or authorized for public use
by owner.
DOG KENNEL: Any place where four or more dogs over the age of 9 weeks are kept for a
period longer than 24 hours or any business engaged in the breeding,
health care, boarding or sale of dogs.
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EMISSION: Discharging, releasing, circulating, letting off, raising, liberating, freeing
or sending forth into the atmosphere any air contaminant or combinations
thereof.
ENCLOSED An enclosed building or structure, or part thereof, used for parking,
PARKING storage, or maintenance of motor vehicles.
FACILITY:
FOOD OR Any building, room, stand, enclosure, vehicle, space, area or other
BEVERAGE place wherein food or beverages are manufactured, prepared,
ESTABLISHMENT: stored, distributed, served, sold or offered for sale to the public at retail,
regardless of whether there is a charge for the article, or otherwise
provides foods or beverages, or both, for human consumption.
GARBAGE: Animal and vegetable wastes resulting from the handling, preparation,
cooking, and consumption of food.
HEALTH The duly appointed health officials of the City of St. Louis Park.
AUTHORITY:
HEALTH If used at any place in this Chapter and in the requirements adopted
DEPARTMENT, by reference shall mean the Health Authority of St. Louis Park.
HEALTH OFFICER,
STATE BOARD OF
HEALTH, BOARD:
HEALTH/SPORTS A business, the primary purpose of which is health and fitness, of
ESTABLISHMENT: which massage therapy may be a subsidiary and for which the financial
records of the establishment are at all times available to the City for
inspection.
HIGH IMPACT Any business with materials or entertainment provided to the
SEXUALLY- public which are principally related to sexual stimulation or
ORIENTED gratification other than a limited impact sexually-oriented business.
BUSINESS: Examples of a high impact sexually-oriented business include the
following:
a. a business where sexually-oriented materials are sold, bartered,
distributed, leased, furnished, exhibited or otherwise provided for
use or entertainment on business premises;
b. a business where specified sexual activities (as defined herein) are
explicitly verbally described or shown;
c. a business where specified anatomical areas (as defined herein) are
explicitly verbally described or shown;
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d. a business providing sexually-oriented materials for off-site use or
entertainment, which has a separate area but does not meet the size
or other restrictions to qualify as a limited impact sexually-oriented
business; and
e. a business providing sexually-oriented materials for off-site use or
entertainment where the sexually-oriented materials are dispersed
within the business rather than isolated in a separate area.
HOTEL OR MOTEL: A building, structure, enclosure, or any part thereof used as, maintained as,
advertised as, or held out to be a place where sleeping accommodations
are furnished to the public and furnishing accommodations for periods of
less than one week.
LIMITED IMPACT: A business where sexually-oriented materials are sold, bartered,
SEXUALLY- distributed, leased, furnished or otherwise provided to the public
ORIENTED and which meets the following restrictions:
BUSINESS:
a. all sexually-oriented materials must be provided for use or
entertainment off the business premises only;
b. all sexually-oriented materials must be provided from a separate
area to which person under the age of 18 are prohibited access;
c. the separate area may not exceed a maximum of 20% of the retail
floor area of the establishment, or 300 square feet, whichever is
less;
d. no person outside the separate area shall be able to perceive or
observe and sexually-oriented materials at any time, including
when someone is entering or exiting the separate area, shopping or
purchasing sexually-oriented materials;
e. a sign must be displayed on the entrance to the separate area which
shall read: “No person under the age of 18 is allowed in this area.”
The sign letters shall be a minimum of 2 inches high: and
f. the entry into the separate area shall be visible to a employee of the
business at all times.
LODGING A building, structure, enclosure, or any part thereof used as,
ESTABLISHMENT: maintained as, advertised as, or held out to be a place where sleeping
accommodations are furnished to the public as regular roomers, for
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periods of one week or more, and having five or more beds to let to the
public.
MASSAGE: The rubbing, stroking, kneading, tapping or rolling of the body of another
with the hands or objects for the exclusive purpose of physical fitness,
health-care referral, relaxation, beautification and for no other purpose.
MASSAGE A place providing to the public at large massage services, other
THERAPY than a hospital, sanatorium, rest home, nursing home, boarding
ESTABLISHMENT: home, or other institution licensed under the provisions of Minnesota
Statutes §§ 144.50 - .69. The definition does not include the practice of
medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry;
and persons duly licensed in this state to practice medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry, licensed nurses and
athletic directors and trainers.
MULTI-LEVEL A building or structure, or part thereof, in which a structural level
PARKING other than a slab on grade is used for parking, storage, or
FACILITY: maintenance of motor vehicles.
OFF-SITE Any limited impact sexually-oriented business or any high impact
CONSUMPTION: sexually-oriented business where sexually-oriented materials are sold,
bartered, distributed, leased, furnished or otherwise provided for use or
entertainment off the business premises only.
ON-SITE Any high impact sexually-oriented business where sexually-
CONSUMPTION: oriented materials or entertainment, which are principally related
to sexual stimulation or gratification, are offered on the business premises.
PAWNBROKER: A person who loans money on deposit or pledge of personal property or
other valuable thing; who deals in the purchasing of personal property or
other valuable thing on condition of selling that same back again at a
stipulated price; or who loans money secured by chattel mortgage or on
personal property, taking possession of the property or any part thereof so
mortgaged. To the extent that a pawnbroker business includes buying
personal property previously used, rented, or leased, the provisions of this
Chapter shall be applicable. Any bank, savings and loan association, or
credit union shall not be deemed a pawnbroker for purposes of this Chapter.
PEDDLER: Any person with no fixed place of business who goes from house to house
carrying or transporting goods, wares or merchandise and offering or
exposing the same for sale, or making sales and deliveries to purchasers of
the same.
PERSON: An individual, proprietorship, partnership, corporation, association, or
other legal entity.
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POOL: Any structure, chamber, or tank containing an artificial body of water for
swimming, diving, relaxation, or recreational use including special
purpose pools and wading pools.
PRIVATE A pool connected with a single-family residence or owner-
RESIDENTIAL occupied duplex, located on private property under the control of
POOL: the homeowner, the use of which is limited to family members or the
family's invited guests. A private residential pool is not a pool used as
part of a business.
PROCESS: Any action or operation:
(a) which by physical action results in a change in location, form, or
physical properties of a material;
(b) which by chemical action results in a change in chemical
composition, chemical properties, or physical properties of a
material; or
(c) which creates or establishes a condition or situation which
produces air contaminants.
PUBLIC SANITARY A pool, whirlpool, sauna (dry or steam), public bath or shower,
FACILITY: tanning beds, or similar facility.
PUBLIC Any pool, other than a private residential pool, intended to be used
SWIMMING POOL: collectively by numbers of persons for swimming and bathing, operated
by any person as defined herein, whether that person be the owner, lessee,
operator, licensee, or concessionaire, regardless of whether a fee is
charged for such use. A public pool includes, but is not limited to, pools
operated by a person in a park, school, licensed child care facility, group
home, motel, camp, resort, apartment building, club, condominium, hotel,
manufactured home park, or political subdivision.
REFUSE: All wastes (except body wastes), including but not limited to rubbish, tin
cans, papers, Christmas trees, cardboard, grass clippings, ashes, glass jar
and bottles, and wood normally resulting from the operation of a
household or business establishments, but not including garbage, sod, dirt,
rocks, cement, trees, leaves, hedge or tree trimmings, or anything one
person could not lift easily.
RESIDENTIAL Any sale conducted at a residential premises where the property
GARAGE/YARD sold consists only of items owned by the owner or renter of the
SALE: premises at which the sale takes place or by friends of such owner or
renter, and where the sale is conducted by the owner of the premises or
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friends, not by an agent or any other person to whom a commission or fee
is paid.
ROLLER Any room, place, or space open to public patronage where
SKATING RINK: facilities are available for roller skating, wherein the public may
participate, and at which admission may be had by the public by payment
directly or indirectly of an admission fee or price, including a fee for
membership in a club, the price of food, or payment for any other form of
amusement offered in or from licensed premises.
SAUNA: Any public facility used for the purpose of bathing, reducing or relaxing,
utilizing steam or heat as a cleaning, reducing or relaxing agent.
SELF-SERVICE Self-service merchandising shall mean open displays of tobacco,
MERCHANDISING: tobacco products, or tobacco related devices where any person shall have
access to the product without the assistance or intervention of an employee
of the premise maintaining the merchandising. Self-service
merchandising shall not include vending machines.
SEXUALLY- Any limited impact sexually-oriented business or any high impact
ORIENTED sexually-oriented business.
BUSINESS:
SEXUALLY- Visual, printed or aural materials and other objects or devices
MATERIALS: which:
a. contain, depict or describe specified sexual activities or specified
anatomical areas;
b. are marked for use in conjunction with, or are primarily used only
with or during the specified sexual activities described in the
following subsections of the definition of “specialized sexual
activities”: subsections b, c, f or as part of the binding, fettering, or
other physical restraint described in subsection e.
SOLICITOR: Any person who goes from house to house soliciting or taking or
attempting to take orders for the purchase of any goods, wares, or
merchandise, including magazines, books, periodicals or personal property
of any nature whatsoever for delivery in the future, or orders for the
performance of maintenance or repair services in or about the home or
place of business, such as furnace cleaning, roof repair or blacktopping. It
also means any person who canvasses, solicits or calls from house to
house for contributions or support for any charitable, religious, civic,
educational, philanthropic, social service, welfare, or eleemosynary
organization.
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SOLID WASTE: Garbage, refuse, sludge from a water supply treatment plant or air
contaminant treatment facility, and other discarded waste materials and
sludges, in solid, semisolid, liquid, or contained gaseous form, resulting
from industrial, commercial, mining, and agricultural operations, and from
community activities, but does not include hazardous waste; animal waste
used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or
dissolved material in domestic sewage or other common pollutants in
water resources, such as silt, dissolved or suspended solids in industrial
waste water effluents or discharges which are point sources subject to
permits under Section 402 of the federal Water Pollution Control Act, as
amended, dissolved materials in irrigation return flows; or source, special
nuclear, or by-product material as defined by The Atomic Energy Act of
1954, as amended.
SOLID WASTE Any person who shall offer to, or engage in the collection of
COLLECTOR: solid waste from any public or private institution, commercial
establishment, or residential dwelling located within the City of St. Louis Park.
SPECIFIED Means:
ANATOMICAL
AREAS: a. less than completely and opaquely covered human genitals,
pubic area, buttock, anus or female breast below a point
immediately above the tope of the aerola; and
b. human male genitals in a state of sexual arousal, whether or not
completely or opaquely covered.
SPECIFIED Means:
SEXUAL
ACTIVITIES: a. actual or simulated sexual intercourse of any kind
involving two humans, or one human and an animal or object;
b. actual or simulated masturbation;
c. actual or simulated sadism or masochism;
d. actual or simulated sexual stimulation of any kind;
e. situations involving a person who is nude, clad in undergarments,
or in a revealing costumes, and who is engaged in activities
involving binding, fettering or other physical restraint of that or
another person; and
f. sexually-oriented touching of an animal by a human.
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SPECIAL A pool intended to accommodate a use other than normal
PURPOSE POOL: swimming, diving, or wading. A special purpose pool includes, but is not
limited to, spa pools, pools used for water therapy, dedicated plunge pools,
flume water slides, and wave pools.
TANNING A location, place, area, structure, or business or a part thereof
FACILITY: which provides consumers access to tanning equipment. Tanning facility
includes, but is not limited to, tanning salons, health clubs, apartments, or
condominiums regardless of whether a fee is charged for access to the
tanning equipment.
TEMPORARY The outdoor sale of goods or merchandise to the general public for
OUTDOOR RETAIL personal or household consumption at a single location for less
SALES: than 180 days, excluding residential garage/yard sales.
TOBACCO OR Any substance or item containing tobacco leaf, including but not
TOBACCO limited to, cigarettes, cigars, pipe tobacco or chewing tobacco and
PRODUCT: other forms of tobacco leaf prepared in such a manner as to be suitable for
chewing, sniffing, or smoking.
TOBACCO Any tobacco product as well as any pipe, rolling papers, or other
RELATED devices used in a manner which enables the chewing, sniffing, or
DEVICES: smoking of tobacco or tobacco products.
TRANSIENT any person who engages in, does, or transacts any temporary and transient
business in this state, either in one locality, or in traveling from place to
place in this state, selling goods, wares, and merchandise; and who, for
the purpose of carrying on such business, hire, lease, occupy, or use a
building, structure, vacant lot, or railroad car for the exhibition and sale of
such goods, wares, and merchandise. The term "transient merchant" does
not include a seller or exhibitor in a firearms collector show involving two
or more sellers or exhibitors.
VENDING Vending machine shall mean any type of device which dispenses
MACHINE: tobacco, tobacco products, or tobacco related devices upon the insertion of
money, tokens, or other form of payment directly into the machine.
WADING POOLS: Any pool used or designed to be used exclusively for wading or bathing
and having a maximum depth of 24 inches.
Section 16-103: License Required. It is unlawful for any person to engage in any business or
activity for which a license or permit is required by any provision of this Chapter or any other
law or ordinance of the City without first obtaining the license or permit required under this
Chapter.
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Section 16-104: Fees. Except as otherwise provided, all fees for licenses under this Chapter,
including investigation fees, shall be fixed and determined by the City Council, adopted by
resolution, and uniformly enforced. Such license fees may, from time to time, be amended by
council resolution. A copy of the resolution setting forth currently effective license fees shall be
kept on file by the City and open to inspection during regular business hours. In the case of
contractor, business and animal licenses, license applications received within the last thirty days
of the license term will be issued a license for the following year in the amount of the fee set for
the following calendar year.
Section 16-105: Refunds. No part of the fee paid for any license shall be refunded except as
otherwise provided herein or by state law.
Section 16-106: Applications.
A. All applications for licenses shall be made upon forms furnished by the City for such
purpose. All requested information must be completed by the applicant for the
application to be considered. All applications for a license under this Chapter shall be
signed and sworn to. If the application is that of a natural person, it shall be signed and
sworn to by such person; if that of a corporation, by an officer thereof; if that of a
partnership, by one of the general partners; and if that of an unincorporated association,
by the manager of managing officer thereof.
B. All initial applications which require an investigation shall be accompanied by payment
of a non-refundable investigation fee to cover the cost of investigation if required by
specific provisions of the individual license.
C. All applications shall be accompanied by the required fee and any and all other
information or documentation required for issuance of the specific license.
D. It is unlawful for any applicant to intentionally make a false statement or omission upon
any application form. Any false statement or willful omission will result in automatic
denial of the license, or if already issued, will render any license or permit void and shall
constitute an automatic revocation of the license without further action by the City
Council.
E. The City may investigate the truth of statements made in the application as deemed
necessary. For such investigation the City may enlist the aid of the police department.
Section 16-107: Refusal, Suspension, Revocation and Reinstatement. Except as otherwise
provided herein the City may refuse, suspend, revoke and reinstate any license under this
Chapter as follows:
A. The City may refuse to grant a license or license renewal and may suspend or revoke any
license at any time, for any reasonable cause, including failure of an applicant or licensee
to comply with provisions of the City Code or other applicable federal, state, or local
laws or regulations.
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B. Any applicant, within ten days of notice of denial, suspension or revocation of a license,
may request in writing, an administrative hearing before the City Manager. The City
Manager shall promptly issue a written decision in the matter. The City Manager’s
decision may be appealed to the City Council by filing a written appeal to the City Clerk
within ten days of receiving written notice of the City Manager’s decision.
C. The City Council may appoint a committee of the Council or an independent hearing
officer to hear the matter, report findings of fact and a recommendation of disposition to
the Council. Hearings on the appeal shall be open to the public and the licensee or
applicant shall have the right to appear and be represented by legal counsel and to offer
evidence in its behalf. At the conclusion of the hearing, the City Council shall make a
final decision.
D. If a license is reinstated following suspension or revocation, the City may require
payment of the City’s costs as a condition of reinstatement. Such costs may include, but
are not limited to; law enforcement costs, legal fees, investigation, inspection or other
professional fees incurred due to the licensee’s violation of applicable laws, ordinances,
regulations and conditions of the license.
E. A license may be temporarily suspended if any condition of the license is not complied
with during the term of the license. A reinstatement fee may apply and must be paid
before the license is made active.
F. Suspension of any license as provided for within this Chapter shall be approved by the
Director of Inspections and revocations of any license shall be approved by the City
Manager.
Section 16-108: Insurance.
A. Proof of Insurance in effect for the period of the license may be required by the City
before certain specific licenses are issued. Such insurance must be maintained
throughout the entire license term. The foregoing policies of insurance shall provide that
the policies may not be cancelled by the insurer except upon notice to the City. In case of
cancellation or expiration of such insurance, such license shall be suspended automatically.
B. The City reserves the right to require additional insurance for activities
located or occurring on City property.
Section 16-109: License Periods and Termination.
A. Licenses shall terminate only by expiration or revocation.
B. All licenses issued under any subdivision of this Chapter shall terminate on December
31st of the calendar year in which it is issued unless a different termination date with
respect to the individual license category is specified.
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Section 16-110: Renewal. An application for the renewal of an existing license shall be made
prior to the expiration date of the license and shall be made on a form provided by the City for
that purpose. If, in the judgment of the City, good and sufficient cause is shown by the applicant
for the applicant's failure to submit a renewal application before the expiration of the existing
license, the City may, if the other provisions of this Chapter are complied with, grant the renewal
application.
Section 16-111: Duplicate Licenses. Duplicates of all original licenses may be issued by the
City upon the licensee’s signed statement that the original has been lost and upon payment of the
currently required fee for issuance of the duplicate. All duplicate licenses shall be clearly
marked “duplicate.”
Section 16-112: Penalty. Any person violating the provisions of this Chapter shall be guilty of a
misdemeanor.
ARTICLE II. CONTRACTOR LICENSES
Section 16-201: Contractor Licenses General Provisions. The general provisions provided
under this Section shall apply to all contractor licenses required under this Article, except as
otherwise provided under the specific contractor licensing provision.
A. License Required. No person may perform any work for which a license is required under
this Article, prior to issuance of a contractor's license. No permit will be issued to any
person for work requiring a license until such license is issued. A new license application
must be made by the contractor before the license expiration date when work to be
performed shall extend past the license expiration and into the next license calendar year.
If a contracting license expires or is revoked during the course of work occurring under a
permit or if a permit was inadvertently issued before the required license was obtained,
the City may suspend or void the permit until a license is issued or reinstated.
B. Installation by Contractor. It shall be unlawful for any person to knowingly hire or
otherwise engage any person who is not licensed under this Article to perform work
within the City that requires a license under this Article.
C. License Term. Except as otherwise provided herein, all contractor licenses are issued for
the calendar year and are effective from the date of issuance through December 31st of the
year in which issued. For license applications received within the last thirty days of a
calendar year, the license issued will be effective from the date of issuance until
December 31st of the following year.
D. Application. Contractors must submit an application and fee for the annual license each
year that work is occurring within the City as required by this Article. The license
application may be submitted at any time within the year but before a permit is issued or
work occurs.
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E. Fees. License applications received within the last thirty days of the license term will be
issued a license for the following year in the amount of the fee set for the following
calendar year.
F. Examination Fees. Applicants requesting a license which requires a competency
examination must pay the examination fee specified in the fee appendix before the
examination is administered. This fee is non-refundable.
G. Insurance Required.
1. Except as otherwise required in the City Code, applicants and licensees
shall maintain comprehensive general liability insurance provided by an insurance
carrier authorized to do business in Minnesota, of at least $500,000 per
occurrence, and $500,000 general aggregate. Insurance shall remain effective for
the term of the license.
2. The applicant shall deliver to the City a certificate of insurance, which provides
that the insurance may not be canceled by the insurer except upon 30 days' prior
written notice to the City. If such insurance is terminated or not renewed with
another policy conforming to these requirements, the license shall be
automatically suspended until the insurance has been replaced and a new
certificate of insurance is filed with the City.
3. The licensee is responsible to provide the City with a current certificate of
insurance if the policy is renewed during the term of a license.
Section 16-202: Housing Compliance Inspector.
A. License Required. No person, other than a City employee, shall conduct housing
inspections of one and two family residential homes, as required by the City Code for a
Certificate of Housing Maintenance Compliance without first obtaining a license from
the City. Licenses shall be issued only to the individual actually performing the work.
B. Hold Harmless and Indemnity Agreement. The applicant must enter into a Hold
Harmless and Indemnity Agreement with the City of St. Louis Park, in a form acceptable
to the City, in which the applicant agrees to hold harmless and indemnify the City of St.
Louis Park from any claims, losses, judgments, damages, or costs incurred, including
attorney's fees, resulting from the issuance of the license and from the applicant's activities
as a housing compliance inspector for the City.
C. Competency Examination. A license will only be issued when the applicant proves
competency by achieving a passing score on a competency examination offered by the
City to potential Housing Compliance Inspectors on a semi-annual basis. If the applicant
fails to pass the test, they must wait until the next regularly scheduled test given by the
City. The City shall waive the examination requirement, provided the contractor holds a
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valid license from the previous year and is in compliance with the continuing education
requirements of this Section.
D. Continuing Education. Each year the licensee must provide proof of attendance at a
minimum of three (3) hours of continuing education and a passing score from the annual
training/test house approved by the City before a new or renewal license will be issued
for the following year.
E. Insurance. Housing Compliance Inspectors are exempt from the insurance requirement
provided under Section 16-201(G)(1). Each applicant shall provide a certificate of errors
and omissions insurance or Housing Inspectors Professional Liability Insurance with a
company authorized to do business in the State of Minnesota in an amount of not less
than $250,000 per claim. The City of St. Louis Park shall be named as an additional
insured. The insurance must be maintained by the applicant for a minimum of three years
after expiration of the license for any reason including revocation or denial.
F. License revocation. A license may be revoked or denied by the City based
on any or all of the following performance criteria:
1. Complaints from homeowners regarding housing inspections and/or failure of the
Housing Compliance Inspector to respond to homeowner’s questions.
2. Failure to submit housing compliance inspection report and work orders to the
department of inspections within three (3) working days from the date of the
inspection.
3. Failure to write adequate work orders.
4. Failure to identify code violations on checklist and/or work orders.
5. Failure to accurately apply the requirements of the City Code related to the
housing compliance inspection program.
6. Failure to maintain a level of professionalism which reflects the City’s high
standards.
7. Failure to comply with or violation of the terms of this Chapter.
G. Private Inspector-Transmittal of Paper Work to City. Private Housing Inspectors shall
transmit a copy of the Housing Condition Report and Work Order to the Dept. of
Inspections within three business days from the date of inspection, excluding Saturdays,
Sundays and legal holidays. It shall be the responsibility of the Private Inspector to
guarantee receipt of such reports by the City.
Section 16-203: Mechanical Contractor
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A. License Required. Any person or business engaging in the business of installing,
repairing, or altering any mechanical equipment or mechanical systems requiring a permit
under the State Mechanical Code, Minn. Stat. §§ 16B.59-.75, must be licensed as a
mechanical contractor by the City. In the case of a business, only the business must be
licensed and not each individual employee performing the work requiring a license,
provided that the applicant or licensee employs at least one person who has achieved
competency in the service performed by the applicant or licensee.
B. Exemptions. The following persons are exempted from the licensing requirements:
1. The owner-occupant of any one or two family dwelling.
2. Persons installing or working on process piping regulated under the State
Mechanical Code.
C. Competency. A mechanical license will only be issued when the applicant provides
proof of competency or employment of a person with competency for the specialty in
which they will be performing the work. The license holder must maintain competency
or employ a competent person for the term of the license or the license will become void.
D. Endorsements. Mechanical licenses must carry an endorsement permitting the type of
work the license holder may perform. A license may have more than one endorsement
providing proof of competency is established for each endorsement. An applicant must
obtain at least one of the following endorsements in order for a mechanical contractor's
license to be issued by the City:
1. Conditioned air systems (includes refrigeration equipment up to and including 5-
ton capacity and gas burners up 400,000 B.T.U.'s)
2. Steam and hot water systems (includes gas burners up to 400,000 B.T.U.'s)
3. Refrigeration systems and equipment
4. Gas piping and fuel burning equipment.
Any individual installing, repairing, or altering gas piping or fuel burning equipment
must have a valid certificate of competency for gas piping issued to them. The individual
must carry the certificate when performing the work requiring the certificate of
competency and must present the certificate upon request to any representative of the
City while working on gas piping or equipment in the City.
E. Certificates of Competency.
1. Any person may obtain a Certificate of Competency for each specialty upon
completion and passing of an examination provided by the City and following
payment of the examination fee set by resolution of the City Council. The
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examinations will demonstrate the knowledge of codes and basic methods
necessary for doing the work. An initial competency exam may be waived by the
City for individuals that provide evidence of passing a competency testing
program conducted by another government entity, where the testing program is
determined to be substantially similar to the City's testing program.
2. The holder of a Certificate of Competency must renew competency every 3 years
by providing to the City proof of continuing education in mechanical codes with
the renewal application and renewal application fee. The person holding
competency must complete a minimum of 6-hours of approved education to
renew a certificate of competency or retake the competency test. Education must
pertain to the competency being renewed and may occur at any time during the
competency term. Education classes or seminars provided by the City and other
education programs provided by colleges, state conferences, and other
government entities will be accepted as equivalent when determined by the
director of inspections. For individuals holding a Certificate of Competency in
multiple specialties, the individual is not required to meet the minimum education
requirement for each specialty, a total of 6-hours of education relating to any and
all specialties is sufficient and payment of only one renewal fee for all specialties
is required.
3. Certificate of Competency is valid for 3 calendar years following the year in
which it was issued. Certificates of Competency shall expire on December 31st of
the third year of its issuance.
Section 16-204: Solid Waste Collectors.
A. License Required. Any person engaging in the business of solid waste collection within
the City must first obtain a solid waste collector license from the City.
B. Vehicle Identification. The applicant must provide proof of insurance, worker’s
compensation and a current list of all vehicles which will operate within the City,
including company vehicle identification numbers and license plate numbers for each
vehicle. Throughout the license term, the licensee must notify the City of any additional
vehicles which will be operating within the City under the solid waste collector's license
issued.
C. Vehicle Inspection. Each vehicle identified by the applicant that performs collection of
solid waste must be issued a solid waste collector vehicle decal by the City for each
calendar year that the license is in effect. A decal fee for each vehicle identified on the
applicant's list must be paid each calendar year before the license will be issued. No
vehicle shall be used for collection of solid waste without a valid license decal. An
applicant or licensee must permit, upon request by the City, City inspection of vehicles
identified under the application or license for compliance with the requirements under
this Section. Vehicles must comply with minimum health and safety standards
throughout the license term.
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D. Additional Insurance Required. The Contractor shall provide proof of automobile
insurance through the term of the license, including coverage for all owned and hired
vehicles used for solid waste collection within the City. Limits of liability should not be
less than $500,000 combined single limit for bodily injury and property damage liability.
The policy or policies shall provide full insurance to cover all of the Contractor's
operating exposure including but not limited to the picking up of the materials and the
operation of vehicles.
E. Regulations Adopted. The following regulations shall apply to all solid waste collectors
under the provisions of this ordinance.
1. Vehicles.
a. Vehicles used by solid waste collectors to transport solid waste over the
streets and alleys of the City shall have a fully enclosed metal body which
is tightly sealed and properly maintained, and operated to prevent
offensive odors escaping therefrom, and solids or liquids from leaking,
spilling, dropping, or blowing from the vehicle.
b. Vehicles must be kept in good repair and in clean and sanitary condition
and are subject to periodic inspection by the City. Vehicles shall be
equipped with brooms and shovels for use in sweeping up all solid waste
spilled during collection or hauling thereof.
c. Vehicles must carry the name and telephone number of the licensed solid
waste collector on the exterior of the vehicle.
d. Vehicles must contain a tarp for use with a roll off dumpster.
2. Scattering of Solid Waste. No person shall and no licensed collector shall permit
or allow any of his employees to cast, spill, place, sweep, or deposit anywhere
within the City any solid waste in such a manner that it may be carried or
deposited by the elements upon any street, sidewalk, alley, sewer, parkway or
other public place, or into any other premises within the City
F. Additional Requirements. Solid waste collectors must comply with the requirements
provided under Chapter 3, Section 9 of the St. Louis Park City Code.
Section 16-205: Tree Maintenance and Removal Contractor.
A. License Required. Any person or company engaging in a business that maintains,
removes or treats trees within the City must obtain a license from the City.
B. Application. The applicant must submit a completed application, provide proof of
insurance and worker’s compensation, and a list of all vehicles which will be operating
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within the City, including license plate numbers and in-house vehicle identification
numbers. Throughout the license term, the licensee must notify the City of any additional
vehicles, which will be operating within the City under the Tree Maintenance and
Removal Contractor license issued.
C. Vehicle Decal. Each vehicle must have a valid City-issued decal identifying the licensed
contractor affixed in a visible location.
D. Additional Insurance Required. The Contractor shall provide proof of automobile
insurance through the term of the license, including coverage for all owned and hired
vehicles used for solid waste collection within the City. Limits of liability should be for
not less than $500,000 combined single limit for bodily injury and property damage
liability. The policy or policies shall provide full insurance to cover all of the
Contractor's operating exposure including but not limited to the picking up of the
materials and the operation of vehicles.
E. Chemical Treatment. If the applicant also provides chemical treatment services for trees,
a copy of their Minnesota Department of Agriculture Commercial Pesticide Applicator
license must accompany their application for a Tree Maintenance and Removal
Contractor License.
ARTICLE III. BUSINESS LICENSES
Section 16-301: Business Licenses General Provisions. The general provisions provided under
this Section shall apply to all business licenses required under this Article, except as otherwise
provided under the specific business licensing provision.
A. License Required. No person may operate a business for which a license is required
under this Article prior to issuance of the applicable business license.
B. Payment of Taxes on Licensed Premises.
1. Any and all real estate taxes or special assessments levied against the property for
which a license application is made must be current before a license is issued or
renewed.
2. Upon receipt of evidence that such taxes or special assessments levied against any
such premises have become delinquent during the term of a license, the City
Manager shall notify the licensee of the delinquency and that all licenses issued
for the premises shall be suspended thirty days after date of the notice unless such
taxes and special assessments are paid and the County Treasurer's receipt for the
same delivered to the City Manager. The license will remain suspended and all
licensed activity must cease until such time that the taxes and special assessments
are paid in full.
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C. Posting of license.
1. The license shall be posted within the licensed establishment in a visible and
conspicuous location and shall be made accessible to the public and City officials
for inspection during reasonable and normal business hours. For licensees with
multiple establishments operating under a common license, the posting location
shall be at the establishment generating the primary amount of use.
2. If a machine, vehicle or other device is required to be licensed in connection with
the issuance of a business license, the City may provide a sticker for the current
license year, which shall be affixed in a clearly visible location as specified by the
City for each machine, vehicle or device requiring such license.
D. Suspension and Revocation. Any license may be suspended, revoked or denied renewal
if any of the requirements of this Chapter or any provision of the St. Louis Park City
Code is violated. Without a valid license, no business may continue to operate in the
activity for which a license is required.
E. Application and Renewal.
1. Initial application for a business license must be made a minimum of 30 days
prior to commencement of the licensed activity.
2. All business licenses must be current and renewed prior to the expiration date.
Applications for renewals must include a completed renewal application, payment
of annual fees, and must provide any other additional information as may be
required by this Chapter.
3. Any renewal license application submitted or postmarked after December
31 or the stated expiration date shall be assessed a late fee in the amount set by
City Council resolution.
F. Transferability.
1. Licenses shall be issued for a specific use at a specific location. Any
change in the use or location of a licensed activity or business shall require a new
application to be submitted and payment of applicable fees prior to beginning the
licensed activity.
2. A license may be transferred to the new owner of the licensed business provided
an application for a license transfer to a new owner is submitted to the City with
the transfer fee in the amount set by City Council resolution prior to the change in
ownership. An applicant for a license transfer must have submitted all additional
information required for the license transfer and must have completed any
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investigations and inspections required prior to transfer of the license, except
where the license transfer is otherwise prohibited or restricted within this Code.
Section 16-302: Commercial Entertainment Establishments.
A. License Required. Any person operating a commercial entertainment establishment shall
first obtain a license from the City.
B. Roller Skating Rink Regulations Adopted:
1. Illumination. Every roller skating rink shall be illuminated during the hours
authorized for use by the public. No person shall permit the use of a roller skating
rink by the public without proper illumination of the roller skating rink.
2. Age Requirements. No operator of a roller skating rink shall permit any person under
the age of 16 years, unless such person is accompanied by a parent, guardian or
other adult person having authorized care and custody of such minor person, to be
in or about the licensed premises at any time between the hours of 10 p.m. and 5
a.m. of the following day.
3. Hours of Operation: Except as otherwise provided herein, any room or premises
used for a roller skating rink shall be closed and kept closed to the public, and no
person shall be permitted to roller skate therein between the days and hours set
forth below and 7 a.m. of the following day. Closing hours shall be as follows:
Sunday – Tuesday: 10 p.m.
Wednesday: 10 p.m. and midnight preceding a public holiday or school
vacation day during the regular school year.
Thursday – Saturday 11 p.m.
A roller skating rink located in any building so constructed and maintained that
sounds from activities within the building are not audible in any adjacent
residential areas may be kept open at all times, except between 1 a.m. and 6 a.m.,
by permit issued by the City.
4. Additional Requirements. Any room or premises used for a roller skating rink
shall provide adequate security and protection for the public welfare by providing:
a. Adequate lighting in and around the parking lot to promote public safety
and to discourage loitering and other such activities as may disturb
surrounding property.
b. Adequate security to patrol the parking lot during hours of operation and
for a reasonable period of time after closing.
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c. Signs in the parking lot warning that the parking lot is for the exclusive use of
patrons of the roller skating rink and that vehicles not driven by patrons of
the rink will be towed.
d. A broadcasted message to all persons inside the roller skating rink, before the
close of each session, asking them to exit the premises in a quiet and
orderly fashion, to vacate the parking lot quickly and safely and to avoid
any activity which might disturb the neighbors.
C. Amusement Arcades Regulations Adopted.
1. Licensed Premises. The licensed premises shall mean the room or rooms in
which the Amusement Devices are located and when such premises are part of a
building or structure in which other businesses are conducted, the licensed
premises shall not be connected by more than one interior doorway or passageway
to other parts of such building or structure. Such doorway or passageway shall be
provided with a metal gate or grating which can be locked to secure the licensed
premises during such time that use is not permitted.
2. Nuisance. No Amusement Arcade shall be operated so as to constitute a public
nuisance.
3. Order. It shall be the responsibility of the licensee to maintain order on the
licensed premises at all times.
4. Trash, Refuse Disposed. It shall be the responsibility of the licensee to insure the
proper and swift disposal of trash or refuse which may accumulate on the site.
5. Fire Hazards. It shall be the responsibility of the licensee to see that the licensed
premises does not become overcrowded so as to constitute a hazard to the health
or safety of persons therein. The Fire Marshal shall designate and post the
maximum number of persons to be permitted on the licensed premises.
6. Supervision. The licensee shall provide a full-time attendant of 21 years of age or
over upon the licensed premises during business hours. The licensed premises
shall be locked whenever such attendant is not present thereon.
7. Alcohol, Drugs and Illegal Activity. It is unlawful for any person operating an
Amusement Arcade to sell, offer for sale, or knowingly permit to be sold or
offered for sale, or to be dispensed or consumed or knowingly brought in the
Amusement Arcade any alcoholic beverages or narcotic drugs, or to knowingly
permit any illegal activity upon the licensed premises.
Section 16-303: Environmental Emissions.
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A. License Required. No person shall own, operate or maintain any of the following
equipment or perform any of the following processes, which discharges a smoke,
particulate, chemical or odor into the atmosphere, without first obtaining an
environmental emissions license from the City: paint spray booths; dry-cleaning;
smelters; dip tanks; or material processing and manufacturing operations.
B. Regulations Adopted. All environmental emissions licensees shall comply with
environmental emissions standards under Section 11-1200 of the City Code.
C. Inspections. The City shall inspect potential air pollution control equipment as frequently
as may be necessary to ensure compliance with this Section, whether the same be
licensed or not.
D. Access to Premises and Records. The person on the premises in charge of operating air
pollution control equipment or allowing or causing the emission of air contaminants
shall, upon request of the City's Health Authority, permit access to all parts of the area at
any reasonable time for purpose of inspection and shall exhibit and allow copying of any
records relating to air pollution control and necessary to determine compliance with this
Section. If access to such areas or records shall be denied, such Health Authority shall
obtain a search warrant before continuing such inspection.
E. Removal and Correction of Violations.
1. All licensees receiving a report from the City notifying the licensee of one or
more violations of this Section shall correct or remove each such violation within
the length of time set by the City's Health Authority. The length of time for the
correction or removal of each such violation shall be stated on the inspection
report. The failure to remove or correct each such violation within the time
period noted on the inspection report shall constitute a separate violation of this
Section.
2. Auxiliary Combustion After-Burner. The City's Health Authority may require
installation of auxiliary combustion facilities in order to meet requirements of this
Section relating to emission of air contaminants.
3. Sealing of Equipment. In the event the licensee fails to make corrections of
violations noted in the Health Authority inspection report within the time
specified in the inspection report, the City's Health Authority may prevent further
operation of any equipment required to be licensed under this Section by affixing
a seal to such equipment. No person shall operate equipment sealed by the City's
Health Authority and no person shall remove such seal from any equipment,
except under direction of the City's Health Authority.
F. Temporary Suspension of License. The City's Health Authority, with the approval of the
City Manager, may immediately suspend the license of any person for the violation of
any terms of this Section involving an immediate and serious public health hazard. Upon
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notification by the Health Authority of a temporary suspension of license, by posting of
the inspection report at the licensed facility, the licensee shall immediately cease
operation. The licensee may appeal from the order of temporary suspension, in writing,
to the City Council as provided under this Chapter. On the date of suspension, the City's
Health Authority shall send by certified mail to the licensee named in the license a notice
that such license has been temporarily suspended and the right to appeal.
G. Interference with or Hindrance of City's Health Authority. No person shall interfere with
or hinder the City's Health Authority in the performance of duties under this Section or
the laws of the State of Minnesota, nor prevent the performance thereof.
Section 16-304: Food and Beverage Establishments.
A. License Required:
1. It is unlawful for any person to operate a food or beverage establishment without
obtaining a license from the City.
2. One license may be issued to a single applicant for multiple food establishments
within a single building or establishment when the owner of all food
establishments is the same.
B. Classification of Food and Beverage Establishments. The City will classify each food and
beverage establishment based on the use occurring, in accordance with the food code,
into one of the following categories before a license is issued:
Class H Plus - Multiple use license permitting 3 or more uses of any risk class to
operate.
Class H – High risk use license permitting: up to 2 high risk uses or a single high
risk use with a single low or medium risk use.
Class M – Medium risk use license permitting a single medium risk use.
Class L – Low risk use license permitting a single low risk use.
C. Regulations and Standards. All food and beverage establishments licensed under this
Section shall comply with the City's Food Code under Section 11-1201 of the City Code.
Section 16-305: Public Sanitary Facilities
A. License Required:
1. No person shall own, operate, maintain, lease or be responsible for any public
sanitary facility without a license issued by the City. No license is required for
private residential swimming pools.
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2. One license may be issued to a single applicant for multiple public sanitary
facilities, regulated under this Section and Section 16-306, located within a single
building or single tract of land when the owner of all of the facilities is the same.
B. Classification of Public Sanitary Facilities. The City will classify each public sanitary
facility based on one of the following categories:
Class I - A pool plus two (2) or more additional public sanitary facilities
Class II - A pool and up to one (1) additional public sanitary facility
Class III - Any one of the following or similar public sanitary facilities:
Sauna (dry or steam)
Tanning Beds
Public Bathing & Showers
C. Public Swimming Pool Regulations Adopted. All public swimming pools licensed under
this Section shall comply with the public swimming pool rules adopted under Section 11-
1202 of the City Code.
D. Tanning facilities regulations adopted. Licensees operating tanning facilities must
comply with health, safety, and building regulations of the City and the requirements set
forth in Minn. Stat. § 325H.01 -.09.
Section 16-307: Massage Therapy Establishments.
A. License required. No person shall engage in the business of operating a massage therapy
establishment either exclusively or in connection with any other business enterprise
without first obtaining a license from the City.
B. Regulations adopted.
1. Each licensed massage therapy establishment shall be constructed and maintained
in compliance with the health, safety, and building regulations of the City of St.
Louis Park, and all state laws, rules and regulations.
2. No customer or patron of a massage therapy establishment shall be allowed to
enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No
customer or patron shall be allowed to remain upon the licensed premises after
9:15 p.m. and before 8:00 a.m. daily. The foregoing restrictions on hours shall
not apply where the massage therapy is provided within a health/sports
establishment; in such case, the hours for massage therapy must coincide with the
health/sports establishment's hours of operation.
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3. During any hours in which any person is present on the licensed prmieses,
massage therapy establishments shall be open to inspection by City inspectors and
police officers. Upon demand by any police officer, all persons engaged in
providing services in any licensed premises shall identify themselves giving their
true legal names and correct addresses.
Section 16-308: Lodging.
A. License Required. Any person operating a hotel, lodging house or boarding house within
the City of St. Louis Park must obtain a license from the City.
B. Regulations adopted. All lodging hotels, lodging houses and boarding houses licensed
under this Section shall comply with the lodging establishment rules adopted under
Section 11-1203 of the City Code.
Section 16-309: Multiple Family Rental Housing
A. License required. All residential buildings designed or operated primarily as rental
housing with three (3) or more dwelling units must obtain a multiple family rental-
housing license. The license shall contain a statement that tenants of the dwelling units
may contact the attorney general for information regarding the rights and obligations of
owners and tenants under state law. The statement shall include the telephone number
and address of the attorney general.
B. Maintenance requirements. The building owner must maintain all units, common space,
and exteriors in compliance with City and State Codes. The owner shall perform a
periodic assessment of all portions of the building and correct any inadequacies to insure
the building is maintained in good repair.
C. City inspections.
1. The owner shall permit access to the City to perform a minimum of one
inspection within every 2-year period of the common space and every dwelling
unit. The City may perform or require additional inspections if deemed necessary
by the City or by the request of a tenant. The owner shall notify the occupants of
the building of the time when the inspection will be conducted and request their
cooperation in the inspection.
2. The license may be suspended, revoked or renewal denied for failure to maintain
the building in compliance with the property maintenance code.
Section 16-310: Sexually Oriented Businesses
A. Purpose and Intent.
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1. The purpose of this Section is to regulate sexually-oriented businesses to promote
the health, safety, morals and general welfare of the citizens of the City, to
prevent criminal activity and to guard against the inception and transmission of
disease and to establish reasonable and uniform regulations. The provisions of
this Section have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, including sexually
oriented materials. Similarly, it is not the intent nor effect of the Section to
restrict or deny access by adults to sexually-oriented materials protected by the
First Amendment of the United States Constitution, or to deny access by the
distributors and exhibitors of sexually-oriented entertainment to their intended
market.
2. The City Council further finds that experience from other cities demonstrates that
sexually-oriented businesses conducted in private by members of the same or the
opposite sex and employing personnel with no specialized training, are
susceptible to operation in a manner contravening, subverting or endangering the
health, safety and welfare of members of the community by being the sites of acts
of prostitution, illicit sex and occasions of violent crimes, thus requiring close
inspection, licensing and regulation.
B. Prohibition. No person shall operate a sexually-oriented business except in conformity
with the provisions of this Section.
C. Exceptions. The following are not subject to this Section:
1. Any material with significant literary content or social commentary.
2. A business where sexually-oriented materials are sold, bartered, distributed,
leased, furnished or otherwise provided for off-site use or entertainment, if (i) the
material harmful to minors on each item is blocked from view by an opaque cover
as required under Minn. Stat. Sec. 617.293, and (ii) each item is behind the
counter and accessible only by an employee of the business.
3. Any person or organization exempted under Minn. Stat. Sec. 617.295.
4. Any activity regulated under Minn. Stat. Sec. 617.251.
5. Displaying works of art showing specified anatomical areas so long as no
sexually-oriented materials are for sale, and the business does not have a liquor
license.
6. Movies rated G, PG, PG13 or R.
D. Application for License.
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1. Every person desiring a license to operate a sexually-oriented business shall file
with the City an application in a form provided by the City. The application must
be accompanied by a sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business. The
sketch or diagram need not be professionally prepared but must be drawn to a
designated scale or drawn with market dimensions of the interior of the premises
to an accuracy of plus or minus six inches. In the case of a high impact sexually-
oriented business, the application must include a drawing showing the parcel upon
which the business is to be located and the location of all residential zoning
districts; other sensitive land uses including day care centers, parks, schools,
libraries, and religious institutions; other sexually-oriented businesses; and
establishments which hold a liquor license within 350 feet.
2. The applicant for a high impact sexually-oriented business license must be
qualified according to the provisions of this Section and the premises must be
inspected and found to be in compliance with the law by the Fire Department and
Building Official.
3. No person shall make a false statement or material omission in a
license application. Every person shall cooperate in a license
investigation. Any false statement or material omission shall be grounds for
denial, suspension, or revocation of a license.
4. If a person who wishes to operate a high impact sexually-oriented business is an
individual, the individual must sign the application for a license as applicant. If a
person who wishes to operate a high impact sexually-oriented business is other
than an individual, each individual who has a 10 percent or greater interest in the
business must sign the application for a license as applicant. Each applicant for a
high impact sexually-oriented business license must be qualified under this
Section and each applicant shall be considered a licensee if a license if granted.
5. Throughout the period of the license, the licensee shall have the continuing duty to
properly notify the City Clerk of any change in the information or facts required
to be furnished on the application for a license. Failure to comply with this
Section shall constitute cause for revocation or suspension of the license.
6. There shall be no refund of the application or investigation fee for a high impact
sexually-oriented business license once the investigation has begun.
E. Renewal Applications.
1. The application for the renewal of any existing high impact license shall be made
at least 90 days prior to the date of the expiration of the license and shall be made
in the form that the City Council shall require.
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2. If the City Manager believes that the public interest so warrants, a background
and financial investigation may be required for a renewal of a high impact
sexually-oriented business license. A background and financial investigation fee
must be submitted prior to issuance of the renewal license.
F. Issuance of License. The City Manager shall approve the issuance of a license by the
City Clerk to an applicant within 60 days after receipt of an application unless the City
Manager finds one or more of the following to be true:
1. For either a high impact sexually-oriented business or a limited impact sexually-
oriented business:
a. The applicant is under 18 years of age at the time the application is filed;
b. An applicant is delinquent in the applicant’s payment to the City of taxes,
fees, fines or penalties assessed against the applicant or imposed upon the
applicant in relation to a sexually-oriented business;
c. An applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a questions or request for
information on the application form;
d. The application fee and/or license fee required by this Section have not
been paid;
e. An applicant or the proposed establishment is in violation of or is not in
compliance with this Ordinance or the City’s Zoning Ordinance.
2. For a high impact sexually-oriented business:
a. An applicant has been convicted of any crime directly related to the
licensed occupation and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the owner,
operator, or manager of a sexually-oriented business under Minnesota
Statues, Section 364.03, Subdivision 3, or a person not of good moral
character and repute;
b. An applicant is residing with a person who has been denied a license by
the City to operate a sexually-oriented business within the preceding 12
months or residing with a person whose license to operate a sexually-
oriented business has been revoked within the preceding 12 months;
c. The premises to be used for the sexually-oriented business have not been
approved by the Fire Department and the Building Official as being in
compliance with applicable laws and ordinances;
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d. An applicant has been employed in a sexually-oriented business in a
managerial capacity within the preceding 12 months and has demonstrated
that the applicant is unable to operate or manage a sexually-oriented
business premises in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers;
e. An applicant or an applicant’s spouse has been convicted of a crime:
1) Involving any of the following offenses described in Minnesota
Statues Chapters 609 or 617:
a) prostitution as described in Minn. Stat. 609.321;
b) solicitation, inducement or promotion of prostitution as
described in Minn. Stat. 609-322;
c) receiving profit derived from prostitution as described in
Minn. Stat. 609.323;
d) other prohibited acts relating to prostitution as described in
Minn. Stat. 609.324;
e) obscenity as described in Minn. Stat. 617.241;
f) sale, dissemination, distribution, display or exhibition of
harmful material to minors as described in Minn. Stat.
617.293 and 617.294;
g) sexual performance by a child as described in Minn. Stat.
617.246;
h) dissemination or possession or child pornography as
described in Minn. Stat. 617.247;
i) indecent exposure as described in Minn. Stat. 617.23;
j) criminal sexual conduct as described in Minn. Stat.
609.342, 609.343, 609.344 and 609.345;
k) incest, as described in Minn. Stat. 609.365; or
l) criminal attempt, conspiracy, or solicitation to commit any
or the foregoing offenses;
2) for which:
a) less than two years have elapsed since the date of
conviction or the date of release from confinement imposed
for the conviction, whichever is the later date, if the
conviction is of a misdemeanor offense;
b) less than five years elapsed since the date of conviction of
the date of release from confinement for the conviction,
whichever is the later date, if the conviction is of a felony
offense, or
c) less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the
last conviction, whichever is the later date, if the
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convictions are of two or more misdemeanor offenses or
combination of misdemeanor offenses occurring within any
24-month period.
3) The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant or applicant’s spouse;
f. In the judgement of the City is not the real party in interest or the
beneficial owner of the business operated under the license;
g. Has had a license for a sexually-oriented business or similar business
revoked anywhere within five years of the license application.
G. Appeal.
1. Procedure. If the City Manager denies the issuance of a license, or suspends, or
revokes a license, the City Manager shall send to the applicant, or licensee, by
certified mail, return receipt requested, written notice of the action, and the right
to an appeal. The aggrieved party may appeal the decision of the City Manager to
the City Council within 10 days of receiving notice of the City’s action. The City
Council may appoint a committee of the Council or an independent hearing
officer to hear the matter, report findings of fact and recommendation for
disposition to the Council. Hearings on the appeal shall be open to the public and
the licensee or applicant shall have the right to appear and be represented by legal
counsel and to offer evidence in its behalf. At the conclusion of the hearing and
within 30 days of the appeal of the decision by the applicant or licensee, the City
Council shall make a final decision.
2. Additional Requirements. The City Council may condition, denial, suspension,
revocation, or non-renewal of a license upon appropriate terms and conditions.
3. Stay of Decision. The filing of an appeal stays the action of the City Manager in
denying, suspending or revoking a license until the City Council makes a final
decision. If an applicant or licensee files an appeal to a federal or state court
within 30 days of the City Council’s decision denying, suspending or revoking a
license under this Section, the City Council’s decision shall be stayed until a final
court decision is rendered in the matter.
H. High Impact Sexually-Oriented Business Licenses.
1. License Required. No person shall operate a high impact sexually-oriented
business which offers sexually-oriented materials or entertainment for on-site
consumption within the City of St. Louis Park unless the person is currently
licensed under this subsection of the City Code.
2. Regulations Adopted.
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a. Every license is subject to the conditions in this Section, all other
provisions of this ordinance, and of any other applicable regulations,
ordinance or State law.
b. Every licensee is responsible for the conduct of his or her place of
business and conditions of order in it.
c. The act of any employee of the licensee is deemed the act of the licensee
as well, and the licensee shall be liable for all penalties provided by this
Ordinance equally with the employee, except criminal penalties.
d. Both the owner and manager of a sexually-oriented business shall be
responsible for the conduct of their employees and for compliance with
this Section.
e. No owner or manager of a sexually-oriented business shall employ a
person under the age of 18.
f. No owner, manager, or employee shall allow any sexually-oriented
materials or entertainment to be visible or perceivable in any manner,
including aurally, at any time from outside of the business.
g. No owner, manager, or employee of a high impact sexually-oriented
business shall have been convicted of a sex crime, as identified in Minn.
Stat. Sec. 609.293 through 609.352, 609.746 through 609.749, 609.79,
518B.01, or related statute dealing with sexual assault, sexual conduct
harassment, obscenity, or domestic abuse.
h. The business owner, manager, or employee shall assure that no person
under the age of 18 enters the business.
i. No owner, manager, or employee shall allow any person under the age of
18 to have access to sexually-oriented materials, whether by sight,
purchase, touch, or any other means.
j. No owner, manager, or employee may sell or display for sale any
sexually-oriented materials except in original unopened packages.
k. Each business shall display a sign on its main entrance door which reads:
“this business sells sexually-oriented material or entertainment. Persons
under the age of 18 are prohibited from entering.” The sign letters hall be
a minimum of 2 inches high.
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l. No business may have a 3.2 percent malt liquor license or intoxicating
liquor license issued by the City and no alcoholic beverages may be
consumed in the business.
m. No business shall exceed 10,000 square feet in gross floor area.
n. No patron, employee, or other person may physically contact any specified
anatomical area of himself or herself, or of any other person, except that a
live performer may touch himself or herself.
o. Each live performer shall remain at all times a minimum distance of ten
feet from all members of the audience, and shall perform on a platform
intended for that purpose, which shall be raised at least two feet from the
level of the floor on which the audience is located. No performer may
solicit or accept any pay, tip, or other time from any member of the
audience.
p. No business shall have any booths, stalls, or partitions whether constructed
with walls or the arrangement of objects which separate any area from a
general public room. The restrictions of this paragraph do not apply to
restrooms, storage rooms, or private offices of the owner, manager or
employees of the business, if such storage rooms or offices are used solely
for running the business and no person other than the owner, manager, and
employees is allowed in the storage rooms or offices.
I. Limited Impact Sexually-Oriented Business Licenses.
1. License Required. No person shall operate a limited impact sexually-oriented
business within the City of St. Louis Park unless the person is currently licensed
under this subsection of the City Code.
2. Regulations Adopted.
a. No owner, manager, or employee shall allow any sexually-oriented
materials or entertainment to be visible or perceivable in any manner,
including aurally, at any time from outside of the business.
b. The business owner, manager, or employee shall assure that no person
under the age of 18 enters the separate area where sexually oriented
materials are provided.
c. No owner, manager or employee shall allow any person under the age of
18 to have access to any sexually-oriented materials, whether by sight,
purchase, touch, or any other means.
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d. No owner, manager, or employee may sell or display for sale any
sexually-oriented materials except in original unopened packages.
e. No business may have a 3.2 percent malt liquor license or intoxicating
liquor license issued by the City, other than an off-sale 3.2 percent malt
liquor license.
f. Both the owner of a sexually-oriented business and the manager of the
business shall be responsible for the conduct of their employees and for
compliance with this Section.
g. No owner or manager of a sexually-oriented business shall employ a
person under the age of 18.
h. No owner, manager, or employee of a sexually-oriented business shall
have been convicted of violating this Section three or more times within
24 months.
Section 16-311: Tobacco Products and Tobacco Related Devices.
A. Purpose. Because the City finds that smoking causes premature death, disability, and
chronic diseases, including cancer, heart disease and lung disease; smoking related
diseases result in excess medical care cost; and smoking initiation occurs primarily in
adolescence, the City desires to prevent young people from starting to smoke, to
encourage and assist smokers to quit, and to promote clean indoor air.
B. License required.
1. No person shall sell or offer to sell any tobacco, tobacco product, or tobacco
related device without first having obtained a license from the City.
2. No license shall be issued for sale of tobacco, tobacco products or tobacco related
devices at any place other than the applicant's place of business. No license shall
be issued for a moveable place of business; nor shall any single license be issued
for the sale of tobacco, tobacco products or tobacco related devices at more than
one place of business.
C. Denial of License. The following will be grounds for denying the issuance or renewal of
a license, and if a license is mistakenly issued or renewed to a person, it shall be revoked
upon the discovery that the person was ineligible for the license under this Section:
1. The applicant is under the age of eighteen (18) years.
2. The applicant has been convicted of any violation of a federal, state, or local law,
ordinance provision, or other regulation relating to tobacco or tobacco products,
or tobacco related devices.
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3. The applicant has had a license to sell tobacco, tobacco products or tobacco
related devices revoked.
4. The applicant fails to provide any information required on the application, or
provides false or misleading information.
5. The applicant is prohibited by federal, state, or other local law, ordinance, or other
regulation, from holding such a license.
D. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to
sell any tobacco, tobacco product, or tobacco related device:
1. To any person under the age of eighteen (18) years.
2. By means of any type of vending machine.
3. By means of self-service merchandising whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in order
to receive the tobacco, tobacco related product, or tobacco related device. All
tobacco related products shall be stored behind a counter or other area not freely
accessible to customers.
4. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled
substance except nicotine and not naturally found in tobacco or tobacco products.
5. By any other means, or to any other person, prohibited by federal, state, or other
local law, ordinance provision, or other regulation.
E. Responsibility. All licenses under this ordinance shall be responsible for the actions of
their employees in regard to the sale of tobacco, tobacco products or tobacco related
devices on the licensed premise, and the sale of such an item by an employee shall be
considered a sale by the licensed owner.
F. Compliance Checks and Inspections. All licensed premises shall be open to inspection
by the City during regular business hours. From time to time the City may conduct
compliance checks by engaging minors to enter the licensed premise to attempt to
purchase tobacco, tobacco products, or tobacco related devices.
G. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of
this ordinance:
1. Illegal Possession. It shall be a violation of this ordinance for any minor to have
in his or her possession any tobacco, tobacco product, or tobacco related device.
This subdivision shall not apply to minors lawfully involved in a compliance
check on behalf of the City.
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2. Illegal Use. It shall be a violation of this ordinance for any minor to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related
device.
3. Illegal Procurement. It shall be a violation of this ordinance for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product,
or tobacco related device, and it shall be a violation of this ordinance for any
person to purchase or otherwise obtain such items on behalf of a minor. It shall
also be a violation of this ordinance for any person to sell or otherwise provide
any tobacco, tobacco product, or tobacco related device to any minor, and it shall
further be a violation for any person to coerce or attempt to coerce a minor to
illegally purchase or otherwise obtain or use any tobacco, tobacco products, or
tobacco related device. This subdivision shall not apply to minors lawfully
involved in a compliance check on behalf of the City.
4. Use of False Identification. It shall be a violation of this ordinance for any minor
to attempt to disguise their true age by the use of a false form of identification,
whether the identification is that of another person or one in which the age of the
person has been modified or tampered with to represent an age older than the
actual age of the person.
H. Violations and Penalties.
1. Revocation or Suspension. Any violation of this Chapter shall be grounds to
revoke or suspend a license.
2. Criminal Penalty. As set forth in Minnesota Statues Chapter 609:
a. It shall be a gross misdemeanor for anyone to sell tobacco-related products
to a person under the age of eighteen (18) years.
b. It shall be a misdemeanor to furnish tobacco-related products to a person
under the age of eighteen (18) years.
c. It shall be a petty misdemeanor for anyone under the age of eighteen (18)
years to use, purchase, attempt to purchase, or possess tobacco-related
products.
d. It shall be a petty misdemeanor for anyone under the age of eighteen (18)
years to sell, furnish, or give away any tobacco-related products. This
Section shall not apply to an employee of the license holder under the age
of eighteen (18) years while stocking tobacco-related products.
3. Administrative Penalty. A licensee shall pay to the City of St. Louis Park a civil
penalty of $250.00 for an initial violation and $500.00 for a second violation of a
provision of this ordinance or a state law governing the sale of tobacco related
products within a twelve month period. The imposition of the civil penalty shall
be a written notice to the licensee and may be appealed through an administrative
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hearing before the City Manager. The City Manager’s decision may be appealed
to the City Council by filing a written appeal to the City Clerk within ten days of
receiving written notice of the City Manager’s decision.
The City Council may revoke or suspend a license, impose a civil penalty of up to
$2,000, or impose a combination of these sanctions for a third or subsequent
offense of this ordinance within a 24 month time period.
4. Criminal Prosecution. Any civil penalty, suspension or revocation or combination
thereof under this Section does not preclude criminal prosecution under this
ordinance or under any applicable Minnesota Statute.
5. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a
bona fide religious, spiritual, or cultural ceremony. It shall be an affirmative
defense to the violation or this ordinance for a person to have reasonably relied on
proof of age as described by state law.
Section 16-312: Vehicle Parking Facilities.
A. License required. All multi-level parking facilities and enclosed parking facilities within
the City must be licensed. A single license may be issued for vehicle parking facilities
that are both multi-level and enclosed provided all requirements of licensing are met and
all fees are paid.
B. Exceptions. Enclosed vehicle parking facilities less than 1,000 square feet are exempt
from the licensing requirements of this Section. This exemption does not apply to
enclosed multi-level vehicle parking facilities unless the enclosed multi-level parking
facility is part of a single family residential dwelling.
C. Insurance requirements. Multi-level parking facility licensees must submit a certificate
of insurance providing comprehensive general liability insurance during the term of the
license with the application with limits not less than a $1,500,000 liability insurance for
a multi-level parking facility containing 100 or more parking spaces or $1,000,000 for a
multi-level parking facility containing less than 100 parking spaces, combined single
limit, including personal injury liability, bodily injury liability and property
damage liability.
D. Inspections.
1. Enclosed parking facilities. Licensee must provide access to enclosed parking
facilities throughout the year as requested by the City to perform air quality and
ventilation equipment inspections.
2. Multi-level parking facilities. Multi-level parking facilities must be inspected
annually by a "qualified civil or structural engineer" registered and licensed by
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the State of Minnesota. The engineer must provide evidence of experience in the
field of structural or civil engineering.
3. Exception. Multi-level parking facilities less than five (5) years old are exempt
from the engineer inspection and reporting requirements provided in this Section.
E. Engineering Reports. An applicant for a multi-level parking facility license must provide
with the application for a license or for a renewal license a report signed by the engineer
which provides the following:
1. A description of the inspection methods, testing and results.
2. A description of the overall condition of the facility and any evidence of
deterioration. If any deterioration is identified, the engineer shall identify and
specify in the report that deterioration, recommended repairs, and the time frame
in which those repairs must be made.
3. Certification of the structural integrity of the parking facility indicating whether
the structure is capable of supporting the loads for which it is being used.
F. Conditions of License.
1. The engineer’s recommendations will be included as a condition of the license
and repairs must be corrected within the time specified by the engineer.
2. The owner shall not permit vehicles to use any parking facility without a valid
license for the structure.
3. All ventilating facilities for enclosed vehicle parking facilities shall be kept in
good repair and shall meet the requirements of the City Code. Carbon monoxide
and other toxic gas levels shall comply with applicable City and State regulations.
G. Denial, suspension, or revocation of license. If the engineer determines that the parking
structure is incapable of supporting itself or the imposed load from vehicles, then the
license will be suspended, revoked or denied renewal until modifications have been made
to the structure and the engineer submits a follow-up report indicating that all
deficiencies have been corrected.
Section 16-313: Pawnbrokers
A. License Required. No person shall engage in the business of pawnbroker in the City
without first obtaining a license from the City.
B. Limitation on Number of Licenses Issued. The City shall issue no more than three
pawnbroker licenses in any calendar year.
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C. Application Verification. All applications for pawnbroker licenses shall be referred to the
Police Department for verification and investigation of the facts set forth in the application.
The Police Department shall make a written report and recommendation to the City Clerk as
to issuance or non-issuance of the license. The City Clerk may order and conduct such
additional investigation as it deems necessary.
D. Licensee Eligibility. To be eligible for or to maintain a pawnbroker license, a person must
operate lawfully and fairly within the purposes of Minn. Stat. Ch. 325J and this Section and:
1. may not be a minor at the time that the application for a pawnbroker's license is
filed;
2. may not have been convicted of any crime directly related to the occupation licensed
as prescribed by Minn. Stat. Section 364.03, subdivision 2, unless the person has
shown competent evidence of sufficient rehabilitation and present fitness to perform
the duties of a licensee under this Chapter as prescribed by Section 364.03,
subdivision 3; and
3. must be of good moral character or repute.
E. Regulations adopted.
1. The regulations pertaining to pawnbrokers set forth in Minn. Stat. ch. 325J, as
amended, are hereby adopted herein by reference as if fully stated herein.
2. Register Open to Inspection. The pawnbroker's register shall at all times be kept
open to the inspection of the chief of police or officers designated by him, and
upon request of the police officers, pawnbroker show and exhibit to such officers
for inspection, any article or articles purchased, taken or received by the
pawnbroker.
3. Keeping of Property for Inspection. Every pawnbroker shall, in the absolute
purchase of any personal property, enter the same in the pawnbroker's register in
the same manner as property received on pledge, and shall for thirty days after
such purchase or the date of expiration of any pledge, keep the same at the
pawnbroker's place of business subject to inspection by police officers, as fully
and to the same extent as goods received on pledge.
4. Buying from Certain Persons. No pawnbrokers or anyone employed or acting for
them shall purchase, take or receive any article of property, of or from any
intoxicated person, or of or from a minor, or owned by a minor, nor any stolen
property, or property which, from any cause, they may have reason to believe or
suspect, cannot be lawfully sold by the person offering it.
Section 16-314: Dog Kennel License.
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A. License required. No person shall operate or maintain any dog kennel within the City
without first obtaining a dog kennel license from the City.
B. Regulations adopted.
1. Fencing. Every kennel shall be enclosed or fenced in such manner as to prevent
the running at large or escape of dogs confined therein.
2. Humane Operation. Every kennel shall be operated in a clean, healthful, sanitary,
safe condition and in a humane manner as determined by the City’s Health
Authority, and failure to do so shall constitute grounds for a revocation of the
license of such kennel.
Section 16-315: Billboard License:
A. License Required. No person shall locate, operate, or maintain a billboard on the person's
property without first obtaining a license from the City.
B. Inspections. Prior to the issuance of a license or a renewal license, or at such times the
City's inspector deems necessary, the City shall inspect the billboard to determine
whether the structure is secure or insecure and whether it is in need of repair or removal
and whether the surrounding site is properly maintained and to determine whether the
billboard is in compliance with all applicable City Code and zoning requirements. The
applicant or licensee shall pay the inspection fee adopted by resolution of the City
Council, as amended.
C. Regulations Adopted.
1. Structure. The structure of the billboard must be structurally sound.
2. Sign Copy. The sign copy of a billboard must be in good condition and securely
attached to the structure.
3. Exterior. The paint or finish coating of the billboard must be in good condition
and must not be peeling.
ARTICLE IV. TEMPORARY USE LICENSES
Section 16-401: Temporary Use Licenses General Provisions. The general provisions provided
under this Section shall apply to all temporary use licenses required under this Article, except as
otherwise provided under the specific temporary use licensing provision.
A. License Required. Any person or business intending to engage or perform an activity
regulated by this Section must first obtain a license by the City.
B. Application and Authorization.
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1. The application may require the applicant to submit a signed authorization from
the property owner if different from the applicant. Such authorization may be
required to be on a form supplied by the City in cases where the owner would be
responsible for any damage or cleanup that the temporary use may create. The
authorization shall include a right of entry for the City, authorizing the City to
enter the property identified in the license and to abate the nuisance by cleaning
up the trash and debris resulting from the temporary use of the property, e.g. trash,
trees, etc., if the licensee and/or property owner have failed to clean-up the
property within 48 hours after the temporary use has ended and to charge the
property owner for the City's cost incurred in cleaning up the property.
2. The applicant must provide dates and locations on the provided application.
C. Carrying or Posting License.
1. Licensees shall carry the license at all times when conducting the licensed
activity, or post in the place of business near the licensed activity.
2. If a machine or other device is licensed, the City may provide a sticker for the
current license year, which shall be affixed to the front or clearly visible part of
each machine or device requiring such license.
3. Every licensee shall display the license upon demand by any officer or citizen.
D. Transferability. No license shall be transferable between persons or businesses or
transferable to a different location other than those persons, businesses, and location(s)
identified in the license.
E. Restoration of licensed property. Licensee and/or property owner shall clean up the
licensed property and restore property to its original condition within 48 hours of the
completion of the licensed event or the City may clean-up the property and charge the
cost to the property owner.
Section 16-402: Temporary Food Service
A. License Required.
1. No person shall operate a food stand or mobile food service without obtaining a
license from the City.
2. A license may authorize temporary food service on multiple days consecutively
for multiple occasions. The multiple occasions must be at the same location with
identical setup and service as approved.
B. Application.
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1. The application for a temporary food service license must be submitted a
minimum of seven (7) business days before the scheduled event and the applicant
must provide all information required by the Health Authority.
2. The application must identify all dates and locations at which temporary food
service shall be conducted.
C. Inspection. Prior to issuance of a license and following each set-up and removal of the
food service to be provided under the license, an applicant for a temporary food service
license must be inspected by the City's Health Authority for compliance with the City's
food code.
D. License fees. License fees shall be based on single or multiple setup.
Section 16-403: Temporary Outdoor Retail Sales
A. License Required. No person may participate in any outdoor sales within the corporate
limits of the City without first obtaining a license.
B. Application and Authorization.
1. Applicants must submit a completed application for a temporary outdoor retail
sales license a minimum of seven (7) business days before the scheduled date of
sale and all other required permits and inspections must be obtained prior to
commencement of the sales.
2. The applicant must submit with the application, written permission of the owner
of the property identified in the application for the location of the temporary
outdoor retail sales, if other than the applicant, to conduct the temporary outdoor
retail sales as provided in the application.
C. Term of License. The term of a temporary outdoor sales license shall be as stated in the
license. The term of a license for the temporary outdoor sales of Christmas trees shall be
the period from November 15 to December 28th.
Section 16-404: Circuses, Carnivals, Amusement Rides and Petting Zoos.
A. License required. No person shall conduct a circus, carnival, amusement ride or petting
zoo within the corporate limits of the City without first obtaining a license from the City.
B. Application.
1. The application for a license for a circus, carnival, amusement ride or petting zoo
and license fee must be submitted at least fourteen (14) days prior to the date of
the event.
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2. The applicant shall list on the application the location, times and dates that the
licensed activity will be conducted, any additional equipment which might require
another permit, and all other pertinent health and fire safety information relevant
to the event.
C. Insurance. The applicant for a licensed activity to be held on City
property must submit a certificate of liability insurance with the application, providing a general
comprehensive general liability insurance policy in an amount not less than $1,000,000 including
personal injury liability, including death, and property damage liability. The insurance must be
maintained for the duration of the license and activity.
D. Conditions of License. Licensee must comply with the following conditions for an
activity licensed under this Section:
1. Supplying Special Officer. If the City deems it necessary that additional police
supervision shall be supplied for any activity licensed hereunder, the City may
require the licensee, as a condition of the license and for the duration of the
license, to advance and pay the salary of one or more special police officers to be
appointed by the City to police the premises licensed during the event.
2. Regulations. No person to whom such license is issued, or any manager, agent or
employee of such person, or any other person, shall exhibit, show, display,
perform or do any immoral, vicious or disgraceful act or thing, or install any
dangerous device or equipment for the use of patrons or visitors; or create such
noise or other disturbance as to seriously affect the peace, health, or morals of the
City; or create or permit the maintenance of any nuisance upon or about the
premises where the carnival is in operation, and all lands and premises used for
carnival purposes shall be maintained and kept in a clean condition, free from
litter and papers, so as to prevent the same from being carried from said premises
by wind, and the surface of the ground shall be so maintained as to prevent dust
from being carried from the premises by the wind to adjoining property.
Section 16-405: Peddlers, Solicitors and Transient Merchants
A. Registration Required. No person shall engage in the business of peddler, solicitor, or
transient merchant, unless he/she has first registered as provided in this Section.
Registrants shall file with the City a sworn written statement which shall include:
1. The name and permanent home address of the registrant for the past five years
and the current local address of the registrant;
2. In the case of transient merchants, the place where the business is to be carried on,
a description of the nature of the business and the goods to be sold;
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3. The name and address of the employer or principal of the registrant and the name
and address of any supplier of the registrant. Credentials establishing the exact
relationship of the registrant to the employer or principal shall be attached to the
registration;
4. The period of time within which he/she intends to conduct activities;
5. The source of supply of any goods or property proposed to be sold, where such
goods or products are located at the time the registration is filed, and the proposed
method of delivery;
6. A recent photograph of the registrant which picture shall be approximately 2” by
2” showing the head and shoulders of the registrant in a clear and distinguishing
manner;
7. Whether the registrant has been convicted of any felony, gross misdemeanor or
misdemeanor for which a jail sentence may be imposed;
8. The last cities or villages, not to exceed three, where registrant carried on business
immediately preceding date of registration and the addresses from which such
business was conducted in those municipalities;
9. Whether the registrant has taken advantage of any state or federal bankruptcy or
insolvency law or proceeding as a bankrupt or debtor within the 10 most recent
years;
10. Every peddler, solicitor or vendor required to submit the foregoing information
shall promptly submit to the clerk any changes therein required by changes in
circumstances.
11. If the application is to solicit funds, financial information shall be supplied about
the organization in behalf of which funds are to be solicited, in the form specified
by the City Clerk.
B. Exceptions. The following persons are not required to register under the terms of this
Section:
1. A peddler or transient merchant excepted from licensure as a peddler or transient
merchant under Minn. Stat. Ch. 329 shall be required to register under this
Section.
2. Any person who sells or attempts to sell, or solicits or attempts to solicit orders
for goods, wares or merchandise, or who canvasses, solicits or calls from house to
house for contributions or support, if he/she does so:
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a. On behalf of a charitable, benevolent, philanthropic, patriotic, religious,
social service, welfare, educational or eleemosynary organization a
majority of the membership of which are residents of St. Louis Park and
which organization so identified in the course of canvassing, soliciting or
peddling, or
b. On behalf of a bona fide political organization.
3. Vendors of milk, groceries, bakery products, or other commodities, vendors or
soft water service or laundry and dry-cleaning pick-up delivery, or vendors of
daily newspapers who make an uninvited initiatory call upon the occupant of a
residence as a preliminary step to the establishment of such commodities or the
providing of such services to regular customers.
C. Fees and Exemptions. At the time the application is filed with the City Clerk, the applicant
shall pay a registration fee to cover the cost to the City of processing the registering the
applicant. The non-refundable registration fee shall be set by resolution of the City Council.
The following applicants are exempt from the payment of the non-refundable registration
fee:
1. Any person selling only literature of any kind in a residential area;
2. Any person dealing with merchandise of any kind to be delivered to customers in
Minnesota directly from points outside of Minnesota; and
3. Any person soliciting money, donations or financial assistance of any kind for any
religious or charitable organization or selling merchandise for a fee on behalf of such
an organization.
D. Issuance of Certificate of Registration.
1. Upon compliance with this Section, the City Manager or the City Manager's
designee shall issue a certificate of registration. The certificate shall show:
a. Registrant’s name;
b. Registrant’s address;
c. Registrant’s photograph;
d. Kinds of any goods to be sold;
e. Name and address, including popular name(s), of the organization for
which any funds are to be solicited;
f. Expiration date;
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g. An identifying number; and
h. Signature of issuing officer.
2. Each peddler, solicitor, or transient merchant must secure a personal registration.
3. No registration shall be used at any time by any person other than the one to
whom it is issued.
4. The clerk shall keep a record of all registrations in accordance with City policy.
5. Each registration shall be valid only through the expiration date and no
registration may extend beyond December 31 of any year.
6. No registration shall be issued to peddle, sell, or solicit orders for the sale of furs,
eyeglasses, medicines, watches, jewelry, plated ware, or silverware.
7. Each certificate of registration shall prohibit engaging in the business of solicitor,
peddler or transient merchant before the hour of 9:00 a.m. and after the hour of
8:00 p.m. daily, except for deliveries to a customer pursuant to a prior order for
the goods or service.
8. All peddlers, solicitors, and transient merchants required to be registered under
this Section must carry with them and produce upon request their certificate
of registration when engaged in their business and must wear some type of picture
identification conspicuously showing their name and the licensed organization.
E. Termination of Registration. Certificates of registration issued under the provisions of
this ordinance may be terminated by the City Manager after notice and hearing in the
manner provided for the revocation of licenses, pursuant to this Chapter for any of the
following causes:
1. Fraud, misrepresentation, or incorrect statement, contained in the registrant’s
statement.
2. Fraud or misrepresentation made in the course of carrying on the business of
solicitor, peddler, or transient merchant.
3. Any violation of this ordinance.
4. Conviction of any crime or misdemeanor.
5. Conducting the business of peddler, solicitor, or transient merchant, in an
unlawful manner or in such a manner as to constitute a breach of peace or to
constitute a menace to health, safety or general welfare of the public.
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F. Peddlers and Solicitors May be Prohibited by Placard. Any resident of the City who
wishes to exclude peddlers or solicitors from premises occupied by him may place upon
or near the usual entrance to such premises a printed placard or sign bearing the
following note: “Peddlers and Solicitors Prohibited” or similar language. Such placard
shall be at least 3 ¾ inches long and 3 ¾ inches wide and the printing thereon shall not be
smaller than 48 point type. No peddler or solicitor or transient merchant shall enter in or
upon any premises or attempt to enter in or upon any premises where such placard or sign
is placed and maintained.
G. May Not Deface Placard. No person, other than the person occupying such premises,
shall remove or deface such placard.
H. Prohibited Activities. No peddler, solicitor, or transient merchant shall
conduct business in any of the following manners:
1. Call attention to his business or his goods by crying out, blowing a horn, ringing a
bell, or making any loud or unusual noise.
2. Furnish false information, or fail to furnish information as required for
registration under this Section.
3. Sell merchandise or services or solicit funds by means of statements which the
person making them knows or should know are false or misleading.
4. Sell merchandise which is not of merchantable quality or is not fit for the purpose
for which the seller knows or has reason to know the merchandise is being
purchased.
I. Transferability. A registration can not be transferred. Each person required to register
under this Chapter must register separately
ARTICLE V. ANIMAL LICENSES
Section 16-501: Animal Licenses General Provisions. The general provisions provided under
this Section shall apply to all animal licenses required under this Article, except as otherwise
provided under the specific animal licensing provision.
A. License Required.
1. The owner or keeper of any animal regulated by this Article must obtain an
animal license from the City.
2. The City shall issue animal licenses for a 1, 2 or 3 year period beginning with the
date of rabies vaccination. The applicant must request the length of the license on
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the application. No license will be issued beyond the expiration date of the
submitted rabies vaccination certificate.
3. Interim License. For all dogs with rabies vaccinations that expire during 2001,
the City shall issue an interim license from February 1, 2001 through the
expiration of the dog's rabies vaccination, for the following interim license fee:
Date of Expiration of Interim License Fee
Rabies Vaccination
February 1, 2001 -
June 30, 2001 Free
July 1, 2001 -
December 31, 2001 $7.00
Upon the expiration of the dog's rabies vaccination, the owner shall be required to
obtain the regular animal license required under Subsections A.1. - A.2 of this
Section.
B. Expiration. Every animal license will expire on the same date in which the animal’s
rabies vaccination expires.
C. Renewal. Renewal applications for animal licenses must be submitted prior to the
expiration of the previous license date. Rabies certificates must be submitted to the City
with the renewal license application.
D. Carrying of license. All animals required to be licensed by the City shall display the
license tag as issued by the City. Tags shall be worn around the neck and be securely
fastened to a collar. Expired tags shall not be worn.
E. Transferability. No license shall be transferable between animals. A license may be
transferred from one owner of a licensed animal to another owner of the same animal
provided the appropriate transfer fee is paid to the City.
Section 16-502: Dog License Required.
A. License required. No person shall own, keep or harbor any dog over the age of 9 weeks
without first obtaining a dog license from the City.
B. Service Dog License Fee Exemption. Service dogs which are used for the purpose of
assisting persons with disabilities are exempt from the license fee required under this
Section, provided that a certification of assistance training from a recognized school or
program is submitted with the dog license application.
C. Rabies Vaccination. All dogs licensed hereunder must have a current rabies vaccination.
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D. Impounding of Unlicensed Dogs. The City or its designated agent may impound any dog
found in the City without the tag provided for in this Article or found running at large,
harbored, or kept contrary to any provisions of this Article.
E. Redemption of Impounded Dogs. Any unlicensed dog that is impounded by the City may
be redeemed by the owner within the time for redemption by payment to the City of the
current dog license fee, a penalty, and impounding pickup and boarding fees according to
the fees established by resolution of the City Council.
F. Disposal of Unredeemed Dogs. Any dog that is not claimed as provided in this Section
within 5 regular business days after impoundment must be disposed of according to State
law or may be adopted through a veterinarian boarding facility with which the City has
contracted, or may be turned over to the Hennepin County Animal Humane Society.
G. Regulations Adopted. All persons owning, keeping or harboring any dog within the City
of St. Louis Park shall comply with the regulations adopted under Part 3 of Chapter 11 of
the St. Louis Park City Code.
ARTICLE VI. COURTESY BENCHES
Section 16-601: Courtesy Bench
A. License Required.
1. Any person placing or maintaining any courtesy bench on any public sidewalk or
any public right-of-way along a street or a thoroughfare or any private property
for public use within the City of St. Louis Park shall first obtain a license.
Benches must conform to the provisions provided in the code.
2. The applicant shall submit a current list of the requested location of the bench or
benches to be licensed with the initial application. A single license will be issue
to the applicant for multiple bench locations.
3. A maximum of fifty (50) bench locations shall be allowed within the City.
4. The licensee must receive approval from the City before any bench location may
be changed. The request must be made in writing and include the license fee in
the amount set by Council resolution.
5. For any bench to be located on private property for public use, the applicant must
submit with the application the signed approval from the property owner or a
copy of the signed agreement between the applicant and the property owner for
the location and public use of the bench.
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B. Hold Harmless and Indemnity Agreement. The applicant must enter into a Hold
Harmless and Indemnity Agreement with the City of St. Louis Park, in a form acceptable
to the City, in which the applicant agrees to hold harmless and indemnify the City of St.
Louis Park from any claims, losses, judgments, damages, or costs incurred, including
attorney's fees, resulting from the issuance of the license or arising out or in connection with
the licensee’s location of the courtesy bench on City property.
C. Insurance. The applicant must maintain comprehensive general liability insurance in an
amount not less than $1,000,000, including liability for personal injury, including death,
and property damage, for all bench locations during the term of the license. The
applicant must submit a certificate of insurance that includes the City as an additional
insured and provides that the City must be give 30 days’ advance written notice of the
cancellation or substantial modification of any insurance described in the certificate.
D. Criteria for Location, Construction, and Maintenance of Courtesy Benches:
1. A courtesy bench shall be located parallel to the nearest curb and no less than
three (3) feet behind the face of said curb.
2. A courtesy bench may be located on a sidewalk, provided there remains a
minimum continuous width of five (5) feet, including the top of curb, or
unobstructed sidewalk.
3. A courtesy bench shall be installed and maintained on a durable, level surface
including, but not limited to, concrete, bomanite or decorative brick. Such
courtesy bench shall be of sufficient weight or shall be secured in a manner to
minimize the potential of accidental tipping or vandalism. No courtesy bench
shall be fastened, secured, or anchored to any City property including, but not
limited to, City sidewalks, utility poles, and sign posts without approval of the
City.
4. A courtesy bench shall have a minimum clearance of two (2) feet at both ends
thereof.
5. A courtesy bench placed on a boulevard shall have a durable surface provided
under and around the courtesy bench with the durable surface extending from the
curb to the sidewalk. A courtesy bench placed behind the sidewalk shall have a
durable surface under and around the courtesy bench with the durable surface
extending to the sidewalk. The durable surface shall extend at least two (2) feet
beyond the ends of the courtesy bench when the courtesy bench is located in front
of the sidewalk. The durable surface shall extend at least six (6) inches beyond
the ends of the courtesy bench when the courtesy bench is not located in front of
the sidewalk. A courtesy bench placed at a location where no sidewalk exists
shall have a durable surface extending from the edge of the roadway to the
courtesy bench, including clearance areas required in this Section. ordinance.
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6. A courtesy bench shall not be located within ten (10) feet from the face of the
nearest curb along the nearest street perpendicular to the courtesy bench and shall
not be located within the triangular area of an intersection, as provided under the
City's zoning ordinance.
7. A courtesy bench shall not be located within five (5) feet of a hydrant, driveway,
alley, or marked crosswalk.
8. A courtesy bench shall be constructed of durable materials including but not
limited to concrete, wood, steel, plastic, or combination thereof, with colors
limited to earthtones of subdues greens, grays, browns, reddish-browns, and
golds.
9. No courtesy bench shall be more than forty-four (44) inches high, nor more than
thirty (30) inches wide, nor more than seven (7) feet long over all.
10. A courtesy bench shall be located only at a designated bus stop.
11. It shall be the duty of the permit holder to maintain each courtesy bench at all
times in a safe condition at its approved location and to inspect each courtesy
bench periodically in order that it may be properly maintained.
12. The application shall be denied if the City shall find that the maintenance of the
courtesy bench at the proposed location would tend unduly to obstruct passage
along any public sidewalk or public way, or to create a hazard, or otherwise to be
detrimental to the public safety, convenience or welfare.
13. If the owner or lessee of any property on which a courtesy bench is located, shall
by writing filed with the City on or before the first day of December preceding the
expiration of any permit, withdraw consent to the renewal thereof, after such
expiration, the City shall promptly notify the permittee of the filing of such
writing and shall deny the renewal of such permit unless and until such owner or
person in possession or control, shall in writing consent to such renewal permit
being issued.
E. Removal of Courtesy Benches.
1. The licensee shall remove all courtesy benches authorized under a license,
including any durable surface installed under the courtesy bench, and shall restore
the affected ground area to the condition it was in prior to installation if the
courtesy bench within 10 days following revocation of the license. If the licensee
fails to remove any courtesy bench as provided herein, the City may, at the
licensee’s cost, remove all courtesy benches authorized under a license and
underlying durable surface, complete any necessary restoration, and dispose of the
courtesy benches and durable surfaces by any means it deems appropriate after
providing 10 business days’ written notice by certified mail to the licensee of the
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City’s intent to remove the courtesy benches. If the licensee fails to pay for the
costs incurred by the City in the removal, restoration, and disposal process within
15 days after the City’s demand for payment addressed to the licensee and sent by
certified mail, the City may draw on the surety provided by the licensee to
reimburse it for its costs.
2. The City may remove any courtesy benches authorized under a license in the
manner provided above when the licensee fails to adequately repair or maintain a
courtesy bench, as determined by the City. The City must provide the licensee
with 10 days written notice by certified mail of the condition of the courtesy
bench and the need for appropriate repair or maintenance and the City’s intent to
remove the courtesy bench and underlying durable surface.
SECTION 5. Effective Date. This Ordinance shall take effect on January 1, 2001, after
its passage and publication.
ADOPTED this ______ day of ____________, 2000, by the City Council of the City of
St. Louis Park.
CITY OF ST. LOUIS PARK
By:___________________________
Jeffrey Jacobs, Mayor
ATTEST:
_______________________________
Cynthia Reichert, City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney
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City of St. Louis Park
City Council Agenda Item #7a
October 2, 2000
7a. 1st Reading of an Ordinance Amending sections 6-155 and 11-103 of the Municipal
Code regarding declaration of snow and ice as a nuisance and notice to property
owner
Removal of an older section of the code which conflicts with more recently passed
provisions and modification of the time frame given to property owners to remove ice
and snow from sidewalks.
Recommended
Action:
Motion to approve first reading of the ordinance.
Background: At it’s meeting of June 8, 1999, council agreed with the staff recommendation to
adopt these changes as part of the recodification process. Since that process has taken much
longer than expected, staff is recommending that Council take action prior to the impending
snow and ice season. A review of these revisions and their justification follows below:
Snow and Ice As A Nuisance: The identification of snow and ice as a nuisance is covered in
two areas of the code with conflicting information. Section 6-151 calls for removal of snow and
ice within 4 business hours for commercial and industrial districts and by noon the following day
(provided 6 hours of daylight remain) in residential districts. Section 11-103 calls for snow and
ice to be removed within 12 hours from all public sidewalks.
This conflict presents difficulty for enforcement and our attorney has recommended deletion of
one of those sections. Staff feels that the provisions contained in section 6-151 are more
appropriate because they adequately address the City’s timeline requirements and provide
flexibility for property owners. This section also acknowledges different service levels for
different land uses.
Notice to Property Owners to Remove Snow and Ice: If snow and ice are not removed from
sidewalks within the time stated above, Section 6-155 calls for notice to be served on the
property owner within seven days. In order to ensure pedestrian safety and access to both
commercial and residential property, Staff is requesting that the timeframe be changed from
seven days to one day. Typically, a notice is given 1-3 days following a snow event. This
combined with the proposed one-day notice allows the property owner 3-4 days for snow
removal, which staff considers to be a reasonable timeframe.
Recommendation: Staff recommends deleting Section 11-103 and changing the timeframe in
section 6-151 for notice to property owners from 7 to 1 days.
Attachments: Ordinance
Prepared by: Cindy Reichert, City Clerk
Scott Merkley, Public Works Coordinator
Approved by: Charles W. Meyer, City Manager
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ORDINANCE NO. _______-00
AN ORDINANCE AMENDING SECTIONS 11.103 AND 6.155
OF THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO
SNOW AND ICE REMOVAL
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Sec. 1. Section 6-155 of the Municipal Code is hereby amended to read as follows:
Section 6-155. Notice.
(1) Snow, ice and Rubbish removal. When an owner or occupant permits a nuisance to exist
in violation of Section 6-151, the City Clerk may service a notice on the owner of the property
ordering removal, elimination, or repair of the nuisance within seven days one day after the
service of the property. The notice shall state that in the event of non-compliance, removal or
elimination may be done by the city of St. Louis park at the owner’s expense and that if the
expenses are not paid prior to the following September 1, the charge for the work will be made a
special assessment against the property. When no owner or agent of the owner can be found,
notice shall be sent by certified mail to the person who is listed on the records of the county
Auditor or County Treasurer as the owner. Service will be completed upon mailing.
Sec. 2. Section 11-103 of the Municipal Code is deleted in its entirety.
Section 11-103. Nuisances Affecting Peace and Safety.
(1) All snow and ice not removed from public sidewalks twelve hours after the snow or ice
has ceased to be deposited thereon.
Sec. 3. Effective Date. This ordinance shall become effective 15 days after its
publication.
Reviewed for Administration Adopted by the City Council November 6, 2000
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
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City of St. Louis Park
City Council Agenda Item #7b
Meeting of October 16, 2000
7b. Approval of Contract for Organizational Development Services
Approve contract with Bridget Gothberg to perform organizational development
services for the City of St. Louis park effective 1/1/01.
Recommended
Action:
Motion to approve the contract effective 1/1/01.
Background:
As part of our ongoing effort to provide our citizens with quality services, the City has been
working with a consultant over the past 2 years providing our staff tools for learning and
development. On August 21, 2000, the City Council approved a resolution adopting the Vision,
Mission and Values for the City. An Organizational Development Program will be used to give
staff the tools to help them carry out the Vision Mission and Values adopted by Council.
We believe, in order to carry out the directive set by Council under our Vision, Mission and
Values we need to continue to make a commitment to our human resources: the Staff of St.
Louis Park. In order to fulfill this commitment and carry out Council directive, we would like to
bring a stronger emphasis to learning and Organizational Development (OD) at City Hall. In
order to continue work in the OD area, we recommend the City enter into a contract with Bridget
Gothberg to provide support and training in the area of Organizational Development.
OD Consultant and OD Program Outline:
As you are aware, Ms. Gothberg brings us a wealth of experience in her background and work
with our Community. Her skills in training and program development fit within the goals and
objectives the City has as it fits our Vision – Mission – Values and Organizational Development.
The focus of Ms. Gothberg’s work will be on continuing our effort to develop our employees to
learn and grow and handle change in the workplace to enhance the problem solving and
customer service skills of our employees. To help answer questions about an OD program, an
outline describing the OD program and the work we expect this contract will cover is attached.
Budget Considerations:
Council may recall the recommendation for the 2001 City budget of a substantial commitment to
organizational development. Staff support for this initiative was demonstrated when Department
Heads had recommended continuing that recommendation as other proposed appropriations were
being eliminated. The annual $30,000 appropriation for departmental organizational studies was
reappropriated to Organizational Development on the premise that we will have the capacity
internally to conduct such reviews.
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Recommendation:
To help staff carry out the Vision, Mission and Values of St. Louis Park, it is recommended that
the City Council approve the attached contract with Ms. Bridget Gothberg, to provide
professional consulting services to perform Organizational Development Services. By adding
this OD piece, our goal is to ensure employees are prepared, trained and given support and tools
necessary to provide high quality municipal services in line with program goals and objectives as
well as in support of the City’s Mission Vision and Values.
Attachments: Organizational Development Program Outline
Vision, Mission and Values Resolution
Agreement for Professional Services
Prepared by: Nancy Gohman, Human Resources Manager
Approved by: Charles W. Meyer, City Manager
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Exhibit A
Organizational Development Program
The City of St. Louis Park is committed to providing quality services to its citizens. To help
staff carry out the Vision, Mission and Values of St. Louis Park, the city provides support to its
employees through an Organizational Development Program (OD). The program focuses on
understanding learning styles and processes, handling change, understanding others and overall
professional development. Our goal is to ensure employees are prepared to provide high quality
municipal services in support of a safe, welcoming and vital community.
1. Plan, prepare and coordinate the creation of a continuous organizational development
program for the City of St. Louis Park.
2. Arrange and/or facilitate OD training program.
• Design class materials and handouts.
• Develop and update training materials as program grows, to fit the organization.
• Coordinate and schedule classes.
• Work with interested staff to become training assistants/instructors in OD.
3. Provide follow-up to individuals, departments, divisions or work groups.
• Develop, create, and suggest follow up training courses and materials.
• Provide connections to resources (library materials, books, tapes, videos etc.)
• Work to develop and track goals and objectives of OD with groups and individuals.
• Work with Departments and individuals to develop ongoing individual professional
development training programs.
4. Act as advisor and internal consultant to the City Manager, Human Resources,
Department Heads and Senior Staff in supporting change and development. Meets with
staff and supervisors to help facilitate problem solving. Works with Department Heads
on organizational change.
5. Assist with problem solving, mediation and implementation of programs, project or
general changes needed.
6. Work with the City Manager on the Vision, Mission and Values.
• Create related documents.
• Assist with incorporation of VMV in Department/Division goals and objectives
• Make presentations to community groups, commissions, council and others as it
relates to the OD program.
• Incorporate materials in documents, policies, department and individual goals and
objectives.
7. Develop materials, manuals, documentation, reports and general correspondence as
needed for the OD program.
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8. Initiate, negotiate, and monitor contracts for consultants who assist in the implementation
of a continuous organizational development movement and implementation.
9. Build organizational awareness about OD, professional development, VMV and handling
change.
10. Define, document and maintain records regarding OD programs and employee
participation.
11. Work with HR to tie OD into performance evaluations and employees professional
development goals and objectives.
12. Work in collaboration with SLPk schools and other agencies and organizations on OD.
13. Search for and secure grant funds for OD program.
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RESOLUTION NO. 00-106
A RESOLUTION TO ADOPT THE VISION, MISSION AND VALUES STATEMENT
FOR THE CITY OF ST. LOUIS PARK
Whereas, the City Council has reviewed at it’s annual retreat with City Staff the
statement of Vision, Mission and Values prepared by staff; and
Whereas, these statements have been discussed with City staff by the City Manager and
the Department Directors; and
Whereas, the Vision statement has already been adopted by City Council as a part of the
Vision St. Louis Park process; and
Whereas, the City Council desires to provide guidance to City staff and to the City
Council in conducting the public business,
BE IT RESOLVED BY the City Council of the City of St. Louis Park: that the following
Vision Statement from Vision St. Louis Park be adopted:
St. Louis Park…Our Community of Choice for a Lifetime.
BE IT FURTHER RESOLVED that the following mission statement be adopted to
guide the actions of City Council and City staff in conducting the City’s business:
Delivering responsive municipal services to ensure a safe,
welcoming and vital community now and in the future.
BE IT FURTHER RESOLVED that the following value statements be adopted to guide
the behavior of Council and staff in dealing with the public and each other:
Respect -
We are stewards of the public trust who treat
our colleagues and those we serve courteously,
openly and equitably.
Contribution -
We are committed to lifelong learning, personal
accountability, and collaboration to ensure
our best contribution to this community.
Stewardship –
We are responsible for our community’s
human, environmental and financial resources.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the ____th day of October, 2000, between the City of
St. Louis Park, Minnesota (“City”), whose business address is 5005 Minnetonka Boulevard, St.
Louis Park, Minnesota 55416-2290, and Bridget Gothberg (“Contractor”) whose business
address is __________________________________________________
________________________________________________________________________
THE CITY AND CONTRACTOR AGREE AS FOLLOWS:
1. Contractor’s Services. The Contractor agrees to provide professional services as
described in Exhibit A, attached and made a part of this Agreement.
2. Time for Performance of Services. The contract may be reviewed and renewed on an
annual basis.
3. Compensation for Services. City agrees to pay the Contractor for services at a rate of
$68,000 per year to begin on January 1, 2001. In addition, the City will provide office
space at City Hall and support including materials and clerical/office assistance as
needed. The approximate number of days worked will be 175 per calendar year.
4. Method of Payment: The Contractor shall submit to the City, as mutually agreed upon,
but not to exceed a bi-weekly basis. Bills must be itemized for professional services
performed under this Agreement. Bills submitted shall be paid in the same manner as
other claims made to the City.
5. Accuracy of Work. Contractor shall be responsible for the accuracy of the work and shall
promptly make necessary revisions or corrections resulting from errors and omissions on
the part of Contractor without additional compensation.
6. Audit Disclosure. The Contractor shall allow the City or its duly authorized agents
reasonable access to such of the Contractor’s books and records as are pertinent to all
services provided under this Agreement. Any reports, information, data, etc. given to, or
prepared or assembled by, the Contractor under this Agreement which the client requests
to be kept confidential shall not be made available to any individual or organization
without the City’s prior written approval. All finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports prepared by the
Contractor shall become the property of the City upon termination of this Agreement, but
Contractor may retain copies of such documents as records of the services provided.
7. Termination. This Agreement may be terminated by either party by seven (7) days’
written notice delivered to the other party at the address written above. Upon termination
under this provision if there is no fault of the Contractor, the Contractor shall be paid for
services rendered and reimbursable expenses until the effective date of termination. If
however, the City terminates the Agreement because the Contractor has failed to perform
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in accordance with this Agreement, no further payment shall be made to the Contractor,
and the City may retain another contractor to undertake or complete the work identified
in Paragraph 1. If as a result, the City incurs total costs for the work (including payments
to both the present contractor and a future contractor) which exceed a maximum
Agreement amount, if any, specified under Paragraph 3, then the Contractor shall be
responsible for the difference between the cost actually incurred and the Agreement
amount.
8. Subcontractor. The Contractor shall not enter into subcontracts for services provided
under this Agreement except as noted in the scope of services, without the express
written consent of the City. The Contractor shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Contractor’s receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Contractor fails within that time to pay the subcontractor any undisputed amount for
which the Contractor has received payment by the City, the Contractor shall pay interest
to the subcontractor on the unpaid amount at the rate of 1-1/2 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Contractor shall be awarded its costs and
disbursements, including attorney’s fees, incurred in bringing the action.
9. Independent Contractor. At all times and for all purposes herein, the Contractor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
10. Non-Discrimination. During the performance of this contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, sexual orientation, marital status, status with regard
to public assistance, disability, or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provisions of this
non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
11. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
12. Insurance. As a Independent Contractor, the City will not cover you or your
subcontractors under workers compensation.
13. Records Access. The Contractor shall provide the City access to any books, documents,
papers, and record which are directly pertinent to the specific contract, for the purpose of
83
making audit, examination, excerpts, and transcriptions, for three years after final
payments and all other pending matters related to this contract are closed.
14. Data Privacy. The Contractor shall comply with the Minnesota Statutes Chapter 13, The
Minnesota Government Data Practice Act. The Contractor shall not disclose non-public
information except as authorized by the Act.
15. Ownership of Documents. All plans, diagrams, analyses, reports, and information
generated in connection with performance of the agreement shall become the property of
the City. The City may use the information for it purposes. Such use by the City shall
not relieve any liability on the part of the Contractor.
16. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
Executed as of the day and year first written above.
CITY OF ST. LOUIS PARK
______________________________
Attest: Mayor
______________________________ ______________________________
City Clerk City Manager
OWNER(S)/CORPORATION
By____________________________
Its____________________________
84
CITY COUNCIL MEETING
OCTOBER 16, 2000
ITEMS TO BE ACTED UPON BY CONSENT
Consent items are those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a
Councilmember or a member of the audience, that item may be moved to an appropriate section
of the regular agenda for discussion.
1. Waive reading of resolutions and ordinances
2. Motion to award a contract to Custom Products and Services for sidewalk snow removal
services in the Excelsior Boulevard Special Service District No. 1 in the amount of
$70,275 for each of the next three (3) snow removal seasons, 2000-2003.
3. Motion to award a contract to British Landscapes Ltd. for sidewalk snow removal services
in the Excelsior Boulevard Special Service District No. 2 for each of the next three (3)
snow removal seasons, 2000-2003.
4. Accept the following reports for filing
a. Vendor Claim List
b. Planning Commission Minutes of September 6, 2000
c. Housing Authority Minutes of September 13, 2000
85
City Of St. Louis Park
Consent Item # 2
October 16, 2000
2. Motion to award a contract to Custom Products and Services for sidewalk snow
removal services in the Excelsior Boulevard Special Service District No. 1 in the
amount of $70,275 for each of the next three (3) snow removal seasons, 2000-2003.
Background: Prior to soliciting contractor costs, staff consulted with the City Attorney on the
need for competitive bidding or receiving quotes for the work. The City Attorney advised that
for maintenance services (residential sidewalk snow removal) either method was acceptable. The
City has utilized the quote methodology for other Special Service District maintenance contracts
in the past. The major advantages of quotes over competitive bidding are that:
1. The City is obligated to select the low bid;
2. The City may negotiate the quote amount.
The City requested quotes from nine (9) firms with only three (3) submitting quotes. A summary
of the quotes is as follows:
Firm
2000-2001
Amount
2001-2002
Amount
2002-2003
Amount
Total
Amount
* Custom Products and Services $ 70,275 $ 70,275 $ 70,275 $210,825
Tabor $ 71,700 $ 74,950 $ 78,200 $224,850
British Landscapes, Ltd. $144,000 $148,600 $153,325 $445,925
* Denotes contractor providing services for the Special Service District for the past
three (3) years.
Evaluation of Quotes: In review of the original bid by British Landscape there was an apparent
error. Staff contacted British and verified they understood the contract requirements, which
resulted in their current quote.
Custom Services and Products have been providing sidewalk snow removal services for Special
Service District No. 1 for the past several years. Custom Products and Services quality of work
has been very good and they have met the standards and requirements of both the Business
Owners in the District and the City.
Financial Considerations: This work will be paid for by the Excelsior Boulevard Special
Service District No. 1. The sidewalk snow removal costs were estimated to be $62,500 and were
budgeted for by the District earlier this year. Final costs could be higher or lower than the
contract cost based upon the snowfall accumulation and the hours the Contractor will have to
work. The 1998-1999 costs were $42,991.25 and the 1999-2000 costs to-date has been $34,283,
understanding the past two (2) seasons have had below average snowfall accumulations. The
District Budget contains contingency funds should snow removal costs exceed those planned for.
86
Attachments: Map
Prepared By: Scott Merkley, Public Works Coordinator
Through: Mike Rardin, Director of Public Works
Approved By: Charles W. Meyer, City Manager
87
City Of St. Louis Park
Consent Calendar Item # 3
October 16, 2000
3. Motion to award a contract to British Landscapes Ltd. for sidewalk snow removal
services in the Excelsior Boulevard Special Service District No. 2 for each of the
next three (3) snow removal seasons, 2000-2003.
Background: The total three (3) year contract amount is expected to be approximately $22,500.
The Advisory Board for Special Service District No. 2 requested City staff to negotiate a new
contract with British Landscapes Ltd., based on their past satisfaction with both the contractor’s
service and cost. The proposal provides for an annual rate increase of 2% for each year of the
contract. The Advisory Board unanimously supported approval of this contract.
British Landscapes Ltd. has been providing sidewalk snow removal services for Special Service
District No. 2 for the past several years. British Landscapes Ltd. quality of work has been very
good and they have met the standards and requirements of both the Business Owners in the
District and the City. No changes have been made in this new contract from the past contract
requirements or specifications.
Financial Considerations: This work will be paid for by the Excelsior Boulevard Special
Service District No. 2. The sidewalk snow removal costs were estimated to be $7,500 and were
budgeted for by the District earlier this year. Final costs could be higher or lower than that based
upon the snowfall accumulation and the hours the Contractor will have to work. The 1998-1999
and 1999-2000 sidewalk costs have averaged approximately $3,000 per year. The past two (2)
seasons have had below average snowfall accumulations. The District Budget contains
contingency funds should snow removal costs exceed those planned for.
Attachments: Contractor’s Past and Proposed Costs
Prepared By: Scott Merkley, Public Works Coordinator
Through: Mike Rardin, Director of Public Works
Approved By: Charles W. Meyer, City Manager
88
Existing Existing Proposed Proposed Proposed
Item Unit Unit Price Unit Price Unit Price Unit Price Unit Price
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003
Sidewalk Snow Removal Per Snowfall
(3,636 Lin. Ft.)$125.15 $137.65 $140.40 $143.21 $146.07
Commercial (Required)(2"-3" Depth)
Sidewalk Snow Removal Per Snowfall
(3,636 Lin. Ft.)$185.50 $204.05 $208.13 $212.29 $216.54
Commercial (Required)(4"-6" Depth)
Sidewalk Snow Removal Per Snowfall
(3,636 Lin. Ft.)$281.50 $309.65 $315.84 $322.16 $328.60
Commercial (Required)(7"-10" Depth)
Sidewalk Snow Removal Per Hour
(3,636 Lin. Ft.)$115.00 $115.00 $117.30 $119.65 $122.04
Commercial (Required)(11" Plus" Depth)
Sidewalk Snow Removal Per Lin. Ft.
(0 - 1,539 Lin. Ft.)$0.09 $0.12 $0.13 $0.14 $0.15
Residential (Optional)(Any Depth)
Special Service District No. 2 Sidewalk Snow Removal
Past and Proposed Costs
89
Consent Item #4a
October 6, 2000
VENDOR NAME DESCRIPTION AMOUNT
AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPING MATERIALS 239.63
ABLE COURIER OTHER CONTRACTUAL SERVICES 7.60
ADVANTA BANK CORP OTHER CONTRACTUAL SERVICES 97.45
AIIM INTERNATIONAL SUBSCRIPTIONS/MEMBERSHIPS 250.00
ALBINSONS EQUIPMENT MTCE SERVICE 311.51
AMERICAN PUBLIC WORKS ASSOCIAT SUBSCRIPTIONS/MEMBERSHIPS 27.50
ANCHOR PAPER CO GENERAL SUPPLIES 547.41
ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 620.84
AUTO GLASS SPECIALISTS INC EQUIPMENT MTCE SERVICE 302.58
AVI CONSULTING INC OTHER IMPROVEMENTS 485.91
BARBARA KUNTZ INSPECTION-SINGLE/DOUBLE 25.00
BATTERIES PLUS GENERAL SUPPLIES 85.11
BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS (35.87)
BECKER FIREPLACE CENTER INC. GAS FITTER 96.50
BERTELSON OFFICE PRODUCTS GENERAL SUPPLIES (7.20)
BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 83.37
BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 211.43
BOOMER, KRISTIN TRAINING/CONFERENCES/SCHOOLS 216.00
BROADWAY RENTAL RENTAL EQUIPMENT (1.66)
BROCK WHITE CO LLC OTHER IMPROVEMENT SUPPLIES 1,339.67
BUZZ TOOL & DIE CO EQUIPMENT PARTS 75.00
CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 501.18
CAREERTRACK TRAINING/CONFERENCES/SCHOOLS 390.00
CARTRIDGE CARE EQUIPMENT MTCE SERVICE 744.19
COFFEE MILL INC GENERAL SUPPLIES 103.84
CONCEPT SEATING INC GENERAL SUPPLIES (180.00)
CONSTRUCTION MATERIALS GENERAL SUPPLIES (655.34)
CREEKSIDE NEIGHBORHOOD ASSOC OTHER CONTRACTUAL SERVICES 882.41
CRILEY, KATHI L MEETING EXPENSE 94.05
DALSIN & SON INC, JOHN A BUILDING MTCE SERVICE 498.00
DARRYL TRANGSRUD OTHER CONTRACTUAL SERVICES 320.00
DARTNELL SUBSCRIPTIONS/MEMBERSHIPS 49.35
DECISION RESOURCES LTD OTHER CONTRACTUAL SERVICES 6,000.00
DUNDEE NURSERY LANDSCAPING MATERIALS 27.16
ELAN GENERAL SUPPLIES 1,634.42
EMERY'S TREE SERVICE INC CLEANING/WASTE REMOVAL SERVICE 16,304.12
ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES (151.24)
ENSR CONSULTING & ENGINEERING TRAINING/CONFERENCES/SCHOOLS 400.00
FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (15.67)
FRANCHISE ASSOCIATES SPEC ASSMTS COLLECTED BY CITY 5,868.00
GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83)
GRAFFITI CONTROL SERVICES OTHER IMPROVEMENT SERVICE 98.00
H.R. PETERSON COMPANY EQUIPMENT PARTS 145.97
HARCEY, MICHAEL L OFFICE SUPPLIES 35.46
HASLERUD, CARRIE MEETING EXPENSE 83.73
HENNEPIN COUNTY TREASURER GENERAL SUPPLIES 25.00
HIGHVIEW PLUMBING INC OTHER IMPROVEMENT SERVICE 900.00
HOFFER COATINGS INC GENERAL SUPPLIES 747.63
90
HOME DEPOT/GECF OTHER IMPROVEMENT SUPPLIES 62.87
HOUSTON FORD EQUIPMENT MTCE SERVICE 167.94
HYDROLOGIC GENERAL SUPPLIES 65.50
IKON OFFICE SOLUTIONS EQUIPMENT MTCE SERVICE 111.60
INDELCO BLDG/STRUCTURE SUPPLIES 116.72
INFO USA OTHER CONTRACTUAL SERVICES 535.00
INVER HILLS COMMUNITY COLLEGE TRAINING/CONFERENCES/SCHOOLS 795.00
IOS CAPITAL RENTAL EQUIPMENT 865.24
J H LARSON COMPANY BLDG/STRUCTURE SUPPLIES 61.34
JANET E. HIMMER INSPECTION-SINGLE/DOUBLE 25.00
JEANE THORNE INC. SALARIES - TEMPORARY EMPLOYEES 685.08
KIENENBERGER, BRIDGET GENERAL SUPPLIES 104.98
KNOX LUMBER OTHER IMPROVEMENT SUPPLIES 15.27
LAKE COUNTRY CHAPTER-ICBO TRAINING/CONFERENCES/SCHOOLS 750.00
LEAGUE MN CITIES INS TRUST BLDG & CONTENTS INSURANCE 48,837.50
LEAGUE OF MN CITIES MOTOR VEHICLE LIAB INSURANCE 130.00
LUBRICATION TECHNOLOGIES INC MOTOR FUELS 10,653.30
LYLE SIGNS INC OTHER IMPROVEMENT SUPPLIES 379.25
MANAGED SERVICES INC EQUIPMENT MTCE SERVICE 133.72
MATTHEW L. BARRETT INSPECTION-SINGLE/DOUBLE 25.00
MC CROSSAN INC, C S OTHER IMPROVEMENT SUPPLIES 1,565.96
MCGANN,JEAN TRAINING/CONFERENCES/SCHOOLS 153.40
MEMA TREASURER SUBSCRIPTIONS/MEMBERSHIPS 75.00
MENARDS OTHER IMPROVEMENT SUPPLIES 363.09
MESSERLI & KRAMER P.A. INSPECTION-SINGLE/DOUBLE 25.00
METROCALL TELEPHONE 59.73
METROPOLITAN AREA MANAGEMENT A MEETING EXPENSE 16.00
MEYER, CHARLES TRAINING/CONFERENCES/SCHOOLS 765.40
MIND SHARP TRAINING/CONFERENCES/SCHOOLS 516.00
MINNESOTA STATE FIRE CHIEFS AS TRAINING/CONFERENCES/SCHOOLS 320.00
MINUTEMAN PRESS PRINTING & PUBLISHING 1,029.00
MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00)
MTI DISTRIBUTING CO EQUIPMENT PARTS 110.24
MVTL LABORATORIES INC PROFESSIONAL SERVICES 227.50
NAPA GENUINE PARTS CO/FINANCE EQUIPMENT PARTS 375.50
NATIONAL SOCIETY OF PROFESSION SUBSCRIPTIONS/MEMBERSHIPS 237.00
NSP CO ELECTRIC SERVICE 19,540.61
NYSCA OTHER CONTRACTUAL SERVICES 40.00
NYSTROM PUBLISHING PRINTING & PUBLISHING 4,175.86
OFFICE DEPOT OFFICE SUPPLIES 312.70
OLSEN CHAIN & CABLE CO INC EQUIPMENT PARTS 75.73
OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00)
PERF PUBLICATIONS GENERAL SUPPLIES 82.00
POMMER MFG CO INC OTHER CONTRACTUAL SERVICES 507.68
PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 129.34
PRO PRODUCTS INC GENERAL SUPPLIES (92.32)
RANDY'S SANITATION INC GARBAGE/REFUSE SERVICE 2,346.42
RLK-KUUSISTO LTD ENGINEERING SERVICES 199.37
SCHARBER & SONS INC EQUIPMENT PARTS (3.51)
SEARS SMALL TOOLS 68.74
SIMPLEX TIME RECORDER CO BUILDING MTCE SERVICE 153.47
SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00
91
SPS COMPANIES INC BLDG/STRUCTURE SUPPLIES 34.78
SRF CONSULTING GROUP INC OTHER CONTRACTUAL SERVICES 3,732.87
ST CROIX RECREATION COMPANY BLDG/STRUCTURE SUPPLIES 54.69
STATE TREASURER TRAINING/CONFERENCES/SCHOOLS 180.00
STRAND MFG COMPANY EQUIPMENT PARTS 68.25
SUBURBAN PROPANE MOTOR FUELS 90.55
TEKSYSTEMS COMPUTER SERVICES 960.00
TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 51.12
THE LIFEGUARD STORE INC. GENERAL SUPPLIES 1,921.00
TRI-STATE PUMP & CONTROL EQUIPMENT MTCE SERVICE 183.16
TWIN CITY OPTICAL CO GENERAL SUPPLIES 39.80
U S WEST COMMUNICATIONS TELEPHONE 40.02
VEIT & COMPANY CLEANING/WASTE REMOVAL SERVICE 494.90
WANCO INC. EQUIPMENT PARTS 162.90
WATSON CO INC CONCESSION SUPPLIES 271.16
WHEELER LUMBER OPERATIONS BLDG/STRUCTURE SUPPLIES 987.63
WHITE, PERRY TRAINING/CONFERENCES/SCHOOLS 411.95
WM H MC COY PETROLEUM FUELS OTHER IMPROVEMENT SUPPLIES 22.37
WSB ASSOCIATES INC PROFESSIONAL SERVICES 562.50
ZIP SORT OTHER CONTRACTUAL SERVICES 359.62
148,206.70
October 13, 2000
VENDOR NAME DESCRIPTION AMOUNT
AIRTOUCH CELLULAR OTHER CONTRACTUAL SERVICES 3,586.91
ALLIANCE MECHANICAL SERVICES I BUILDING MTCE SERVICE 412.00
AMERICAN PUBLIC WORKS ASSOCIAT SUBSCRIPTIONS/MEMBERSHIPS 53.00
AMERICAN RED CROSS GENERAL SUPPLIES 108.14
ANCHOR PAPER CO GENERAL SUPPLIES 771.49
APACHE GROUP OF MINNESOTA GENERAL SUPPLIES 476.06
ARAMARK UNIFORM CORPORATE
ACCT
GENERAL SUPPLIES 633.95
BARBARA GIPSON INSPECTION-SINGLE/DOUBLE 25.00
BATTERIES PLUS GENERAL SUPPLIES 17.42
BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS (35.87)
BERNDT ELECTRIC SERVICE OTHER CONTRACTUAL SERVICES 1,324.34
BERTELSON OFFICE PRODUCTS GENERAL SUPPLIES (7.20)
BOB HANSON OTHER CONTRACTUAL SERVICES 75.00
BOB LUNAK DEPOSITS PAYABLE 500.00
BOYER TRUCK PARTS EQUIPMENT PARTS 42.94
BRIAN P. HAWKINS INSPECTION-SINGLE/DOUBLE 25.00
BROADWAY RENTAL RENTAL EQUIPMENT (1.66)
BROWNING-FERRIS INDUSTRIES GARBAGE/REFUSE SERVICE 39.24
BRUCE PRINTING INC. PRINTING & PUBLISHING 1,680.00
BUREAU OF CRIMINAL APPREHENSIO PROFESSIONAL SERVICES 24.00
CARTRIDGE CARE EQUIPMENT MTCE SERVICE 48.15
CATCO PARTS SERVICE EQUIPMENT PARTS 369.13
CBIZ BENEFITS & INSURANCE SERV OTHER CONTRACTUAL SERVICES 15,000.00
CITY OF GOLDEN VALLEY TRAINING/CONFERENCES/SCHOOLS 10.00
CITY OF NEW HOPE TRAINING/CONFERENCES/SCHOOLS 377.00
COLICH & ASSOCIATES PROFESSIONAL SERVICES 9,130.27
92
COLLINS COMMUNICATIONS EQUIPMENT MTCE SERVICE 1,175.96
CONCEPT SEATING INC GENERAL SUPPLIES (180.00)
CONSECO FINANCE VENDOR SERV CO OTHER CONTRACTUAL SERVICES 751.89
CONSTRUCTION MATERIALS GENERAL SUPPLIES (655.34)
CROWN PLASTIC INC. GENERAL SUPPLIES 265.56
CUSTOM PRODUCTS & SERVICES LANDSCAPING SERVICE 2,794.50
DAKOTA COUNTY TECHNICAL COLLEG TRAINING/CONFERENCES/SCHOOLS 75.00
DANA HAAGENSON GENERAL CUSTOMERS 99.82
DANKO EMERGENCY EQUIPMENT CO GENERAL SUPPLIES 61.27
DAVID NIRENSTEIN INSPECTION-SINGLE/DOUBLE 25.00
DOUBLETREE PARK PLACE HOTEL MEETING EXPENSE 4,516.85
DRYWALL SUPPLY INC BLDG/STRUCTURE SUPPLIES 1,556.78
EDTECH EQUIPMENT MTCE SERVICE 80.00
EGAN-MCKAY ELECTRICAL CONTRACT PROFESSIONAL SERVICES 4,680.00
ELECTION SYSTEMS & SOFTWARE IN GENERAL SUPPLIES 243.61
ELECTRIC PUMP WALDOR GROUP EQUIPMENT PARTS 533.78
ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES (146.98)
F L HELSETH GENERAL CUSTOMERS 12.05
F.F. JEDLICKI INC. OTHER IMPROVEMENTS 45,410.95
FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (15.67)
FEDERAL EXPRESS CORP POSTAGE 2,794.86
FLEXTECH DEPOSITS PAYABLE 6,000.00
FOREST RESOURCES ASSN. TRAINING/CONFERENCES/SCHOOLS 140.00
GENERAL ELECTRIC COMPANY EQUIPMENT MTCE SERVICE 54.95
GENERAL SAFETY EQUIPMENT CORP EQUIPMENT PARTS 64.62
GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83)
GLEN N. WILSON INSPECTION-SINGLE/DOUBLE 25.00
GOLDEN OPENINGS INC. GENERAL SUPPLIES 135.00
GREENMAN TECHNOLOGIES OF MN IN CLEANING/WASTE REMOVAL SUPPLY 28.00
GRIMSRUD, TOM GENERAL SUPPLIES 144.00
HABERMAN, JULIE UNREALIZED REVENUE 542.75
HARCEY, MICHAEL L TRAINING/CONFERENCES/SCHOOLS 78.80
HENN CO TREASURER SUBSISTENCE SERVICE 12,134.61
HOME DEPOT/GECF GENERAL SUPPLIES 104.15
HOME HARDWARE GENERAL SUPPLIES 135.46
HOPKINS SUMMER HOCKEY ICE RENTAL-TAX EXEMPT 120.00
HOWARD R. GREEN COMPANY PROFESSIONAL SERVICES 934.98
HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 900.22
INDEPENDENT BLACK DIRT CO LANDSCAPING MATERIALS 419.32
INST FOR FORENSIC PSYCHOLOGY PROFESSIONAL SERVICES 850.00
JAMES LUNDBERG OTHER CONTRACTUAL SERVICES 1,797.50
JONES, MARK UNREALIZED REVENUE 480.35
JUSTUS LUMBER COMPANY GENERAL SUPPLIES 429.53
KATH FUEL OIL SERVICE LUBRICANTS/ADDITIVES (181.05)
KENNEDY & GRAVEN PROFESSIONAL SERVICES 1,796.55
KIENENBERGER, BRIDGET MILEAGE-PERSONAL CAR 10.40
KRISTA PEARSON INSPECTION-SINGLE/DOUBLE 25.00
KUBES, DANIEL TRAINING/CONFERENCES/SCHOOLS 71.42
L-Z COMPANY INC EQUIPMENT PARTS 159.64
LEAGUE MN CITIES INS TRUST PROFESSIONAL SERVICES 58,327.21
LEAGUE OF MN CITIES TRAINING/CONFERENCES/SCHOOLS 17,789.00
LIGHT CYCLE INC GENERAL SUPPLIES 225.05
93
LUBRICATION TECHNOLOGIES INC LUBRICANTS/ADDITIVES (260.00)
LYNCH, DEBRA MILEAGE-PERSONAL CAR 27.00
M A C T A TRAINING/CONFERENCES/SCHOOLS 1,145.00
MARILEE LIDSTONE GENERAL CUSTOMERS 2.73
MARK HOPPE MILEAGE-PERSONAL CAR 97.18
MASH ICE RENTAL-TAX EXEMPT 1,320.00
MC CROSSAN INC, C S OTHER IMPROVEMENT SUPPLIES 1,091.50
MERRILL/ALTERNATIVES INC GENERAL SUPPLIES 175.01
METROCALL TELEPHONE 352.05
MEYER, CHARLES MEETING EXPENSE 40.88
MIDWEST BADGE & NOVELTY CO GENERAL SUPPLIES 1,255.20
MINN DEPT OF ADMINISTRATION TELEPHONE 5,124.04
MINNEAPOLIS AREA ASSOC SUBSCRIPTIONS/MEMBERSHIPS 85.00
MINNEGASCO HEATING GAS 8,571.67
MINNESOTA DEPARTMENT OF LABOR LICENSES/TAXES 20.00
MINNESOTA PLAYGROUND INC OTHER IMPROVEMENTS 581.07
MINNESOTA TORPHIES & GIFTS GENERAL SUPPLIES 21.40
MINUTEMAN PRESS OFFICE SUPPLIES 45.00
MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00)
MUNICI-PALS MEETING EXPENSE 231.00
NADEAU UTILITY INC OTHER IMPROVEMENTS 33,404.95
NAPA GENUINE PARTS CO/FINANCE EQUIPMENT PARTS 982.57
NATIONAL SAFETY COUNCIL SUBSCRIPTIONS/MEMBERSHIPS 55.00
NEENAH FOUNDREY OTHER IMPROVEMENT SUPPLIES 5,523.09
NORTHLAND ELECTRIC SUPPLY CO BUILDING MTCE SERVICE 797.83
NSP CO ELECTRIC SERVICE 28,701.75
OESTREICH, MARK TRAINING/CONFERENCES/SCHOOLS 600.44
OFFICE DEPOT OFFICE SUPPLIES 1,227.59
OFFICE MAX OFFICE SUPPLIES 4.25
OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00)
PALM'S HOME BAKERY MEETING EXPENSE 21.70
POSTMASTER MEETING EXPENSE 150.00
PRESTIGE LINCOLN MERCURY EQUIPMENT PARTS 24.48
PRO PRODUCTS INC GENERAL SUPPLIES (92.32)
PUBLIC AGENCY TRAINING COUNCIL TRAINING/CONFERENCES/SCHOOLS 550.00
QUILL CORPORATION OFFICE SUPPLIES 22.83
REYNOLDS WELDING SUPPLY CO GENERAL SUPPLIES 82.52
SARAH FAIRBANKS FACILITY RENTALS - taxable 7.50
SCAN AIR FILTER INC BLDG/STRUCTURE SUPPLIES 377.01
SCHARBER & SONS EQUIPMENT PARTS 336.91
SCHARBER & SONS INC EQUIPMENT PARTS (3.51)
SCHWARTZ, LYNN MILEAGE-PERSONAL CAR 73.61
SEATTLE ARTS COMMISSION GENERAL SUPPLIES 52.50
SELA INVESTMENTS LTD. INSPECTION-SINGLE/DOUBLE 25.00
SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00
SMITH & WESSON GENERAL SUPPLIES 13.66
STANDARD PLUMBING BLDG/STRUCTURE SUPPLIES 50.80
STANLEY STEEMER CARPET AND UPH BUILDING MTCE SERVICE 718.66
STAR TRIBUNE OTHER ADVERTISING 658.50
SUBURBAN FEED & SUPPLY GENERAL SUPPLIES 18.71
SUBURBAN TIRE CO EQUIPMENT PARTS 88.69
SUN NEWSPAPERS LEGAL NOTICES 1,424.63
94
SUSA TRAINING/CONFERENCES/SCHOOLS 100.00
SYSTEMS SUPPLY INC OFFICE SUPPLIES 3.19
TARGET/DAYTONS OFFICE SUPPLIES 45.35
TEKSYSTEMS COMPUTER SERVICES 2,624.00
TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 90.00
THYSSEN LAGERQUIST ELEVATOR BUILDING MTCE SERVICE 477.40
TIERNEY BROTHERS INC OFFICE SUPPLIES 79.92
TRUGREEN-CHEMLAWN LANDSCAPING SERVICE 2,313.08
TWIN CITY GROUP FALSE ALARM FEE 75.00
UNIFORMS UNLIMITED GENERAL SUPPLIES 342.51
UNIVERSITY OF MINN TRAINING/CONFERENCES/SCHOOLS 65.00
US POSTAL SERVICE POSTAGE 245.60
VEIT & COMPANY CLEANING/WASTE REMOVAL SERVICE 1,368.55
VESTAL, MICHAEL J SALARIES - TEMPORARY EMPLOYEES 228.00
WALSER FORD EQUIPMENT PARTS 665.46
WARNER INDUSTRIAL SUPPLY GENERAL SUPPLIES 233.94
WARNING LIGHTS GENERAL SUPPLIES 732.19
WASTE MANAGEMENT GARBAGE/REFUSE SERVICE 117.88
WEST HENNEPIN COMM SVCS OTHER CONTRACTUAL SERVICES 3,668.75
WESTPORT PROPERTIES OTHER CONTRACTUAL SERVICES 1,442.00
WM H MC COY PETROLEUM FUELS OTHER IMPROVEMENT SUPPLIES 95.85
WOLF CAMERA INC GENERAL SUPPLIES 10.33
ZIP PRINTING PRINTING & PUBLISHING 48.50
ZIPSORT POSTAGE 104.89
iATN SUBSCRIPTIONS/MEMBERSHIPS 30.00
313,393.30
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October 13, 2000
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11,913.07
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Consent Item #4b
MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 6, 2000 --7:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michelle Bissonnette, Paul Carver, Michael Garelick,
Ken Gothberg, Jerry Timian (arrived at 7:08 p.m.) Sally Velick
MEMBERS ABSENT: Dennis Morris
STAFF PRESENT: Janet Jeremiah, Janice Loftus, Sacha Peterson
1. Call to Order - Roll Call
Chair Carver called the meeting to order at 7:03 p.m.
2. Approval of Minutes of August 16, 2000
Ms. Velick moved approval of Minutes of August 16, 2000 and the motion passed on a
vote of 3-0-2 with Carver, Gothberg, Velick voting in favor and Bissonnette and Garelick
abstaining.
3. Public Hearings:
A. Case No. 00-43-S – Request of The CSM/Rottlund Company for an amendment
to the Preliminary & Final Plat – Pointe West Commons One and Two
and
Case No. 00-44-PUD – Request of CSM/Rottlund Company for a major
amendment to an approved Planned Unit Development for property located at
northwest quadrant of 16th and Zarthan.
Sacha Peterson, Planner, presented a staff report and recommended approval of the
preliminary plat amendment, final plat amendment, and major PUD amendment, subject
to the additional conditions outlined in the staff report (the resolution would contain all of
the conditions of the previously approved resolutions as well, amended as in the staff
report).
Mr. Gothberg asked if the timing of the realignment of Zarthan was being determined by
the City.
Ms. Peterson stated that Public Works is currently doing the planning for the road project
and hoped to start in early summer.
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Mr. Gothberg asked if staff was aware of why the railroad was holding out on selling the
property.
Ms. Peterson stated that apparently, railroads are often reluctant to give up any property,
although there may not be a need for the property.
Mr. Garelick asked the date of the Parade of Homes.
Chair Carver deferred the question to the developer.
Chair Carver asked if there were continued efforts to purchase the 33 x 140 foot lot and,
if it was acquired, would it become park.
Ms. Peterson stated that this was correct.
Chair Carver asked what the timeline was for the completion of the townhomes.
Ms. Peterson deferred the question to the developer.
Richard Palmiter, Rottlund Homes, stated that he concurred with staff’s recommendation
and clarified that 16th Street would be used for sidewalk construction and placement of
materials on the two building facades facing 16th Street, but they would do their best to
keep traffic off of 16th Street. He stated that the Parade of Homes has a Spring Preview
and Fall Parade of Homes and said that he would not be able to make the Spring Preview
which would have been desirable for marketing the townhomes. He stated that he is
supportive of the City completing Zarthan Avenue as soon as possible.
Chair Carver asked if all five buildings would be ready by September, 2001.
Mr. Palmiter stated that marketing would begin on all of the townhomes, but buildings
would be started based on sales.
Chair Carver asked for clarification on staff’s recommended conditions whether Item 4
was to include buildings along 16th Street.
Ms. Peterson stated that since the two building facades are immediately adjacent to 16th
Street, the condition can be interpreted to allow 16th Street to be used to complete the
townhomes on 16th Street to the extent necessary and within the weight limitations (no
heavy construction vehicles).
Mr. Garelick questioned if all the units would be for sale or if some units would be rental
units.
Mr. Palmiter stated that Rottlund only develops for-sale housing, but he could not
preclude home owners from subleasing their unit out in the future.
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Mr. Garelick asked what the price point was.
Mr. Palmiter stated that the price point keeps changing according to the market, but
similar units in another community are being marketed at $170,000.
Chair Morris opened the public hearing.
Gary Berschied, 1604 Blackstone Avenue, stated he was concerned about the impact of
the construction on the neighborhood and the lack of enforcement. He was opposed to
any construction on 16th Street. He was also concerned about why it was going to take so
long to realign Zarthan, and recommended changing the City’s priority to complete this
project as soon as possible. He said he was concerned that making the park smaller
would affect the neighborhood and next generations. He suggested reducing the number
of townhomes by taking off the two end units to keep the park size larger even though
this would affect profitability.
Hans Whitman, 1601 Alabama Avenue, was concerned about the 10% reduction of the
park and was in favor of keeping the park to a one acre minimum. He was also
concerned about townhouse residents using the 16th Street access only and believed there
would be more trips than anticipated. He was also concerned for the safety of the
children during construction since there were no sidewalks in the area. He asked to have
the six conditions in the staff report summarized.
Chair Carver closed the public hearing.
At the request of Chair Carver, Ms. Peterson summarized the six conditions in the staff
report.
Mr. Timian asked where the nearest park was to the proposed park.
Mr. Berscheid stated that it was on Dakota and 18th/19th Street about 4-5 blocks away,
and was a tot lot only.
Chair Carver asked whether reducing the park to .9 acres requires an exception to the
green space requirement.
Ms. Peterson explained that the usable space requirement for the residential and
commercial development is separate from the park dedication requirement. She stated
that the usable open space requirement is met for the project. The park dedication
requirement can be met through land, cash or a combination.
Janet Jeremiah, Planning & Zoning Supervisor, stated that the Comprehensive Plan calls
for approximately a one acre park, so that was used as the original guiding. In this case,
the park dedication is land or cash in lieu.
98
Ms. Velick suggested placing some time restrictions on construction hours on behalf of
the neighborhood as was done with the Cub Foods development.
Ms. Peterson noted that Condition F-2 in the approved resolution prohibits construction
activity between 10:00 p.m. and 7:00 a.m., and that the conditions in the resolution are
now being posted at the job site, which will facilitate enforcement.
Ms. Velick moved to recommend approval of the preliminary and final plat amendment
and major PUD amendment, subject to the conditions as recommended by staff.
Mr. Gothberg recommended a friendly amendment that the City make all effort to
expedite the construction of the rerouting of the Zarthan intersection. He also
supported the effort of the EDA to try to pursue the railroad property for inclusion
to the park.
The motion passed on a vote of 6-0 with Bissonnette, Carver, Garelick, Gothberg, Timian
and Velick voting in favor.
4. Old Business: None
5. New Business
A. Consent Agenda - None
B. Other New Business - None
6. Communications
A. Recent City Council Action – September 5, 2000
B. Board of Zoning Appeals Minutes of July 27, 2000
C. Board of Zoning Appeals Agenda of August 24, 2000
D. Park Commons Update
Janet Jeremiah, Planning & Zoning Supervisor, briefly reviewed the Avalon Bay plan for Park
Commons and introduced Bob Cunningham of Told Development, which has replaced Avalon
Bay as the private developer.
Mr. Cunningham stated that he has completed a feasibility analysis of the Avalon Bay plan and
is proposing a new concept plan that includes changes to the Avalon Bay plan. He stated that he
intended to keep the spirit of Park Commons in the forefront and noted the following changes:
- Purchase of Bally’s and include in plan
- Move live work units along Excelsior Boulevard to take advantage of visibility
- Increase density of residential
- Include a mixture of three and four story buildings assuring no gap between project cost and
economic viability.
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- Include 24 stacked for-sale townhouses on the north side to the west of the town green
- Change the orientation of the roads to include right and left turn egress out of Park Commons
and include a turn around back into project at the town green.
- Inclusion of angled parking on the town green and parkway road, which has been pushed
north on top of the park slope.
Ms. Jeremiah distributed information from TOLD about Park Commons Project Scope,
Tenant/Prospect Update Feasibility Analysis and Review of Cost Savings to the Commission.
Mr. Cunningham reviewed the handouts.
Mr. Garelick stated that the mixed use looks interesting and asked if there was a similar area in
the Twin Cities.
Mr. Cunningham stated that this new concept could be parallel to Grand Avenue in St. Paul
rather than the 50th and France Avenue and believed that the signing of the first letter of intent
was imminent.
Mr. Garelick made a comparison to Knollwood and asked the developer why he believed this
development would succeed.
Mr. Cunningham stated that retail had to continue to evolve in order to survive and Knollwood
has done a good job in reinventing itself. He believed that this project will also see some tenant
rollover, but we are trying to recognize what we aren’t and address the tenant/restaurant mix
which has proven to be successful.
Michelle Bissonnette left at 8:00 p.m.
Mr. Timian asked about the size of the green space.
Mr. Cunningham explained that the green space was a work in progress, but stated that it was
currently at 70 feet wide at its widest point and would include sidewalks, pedestrian access and
outside seating. He noted they were currently examining the designation for and amount of
parking.
Mr. Garelick asked what the projected time frame was.
Mr. Cunningham stated that he desired to start the retail projects by August, 2001 and begin the
primarily residential block in the Spring.
Ms. Jeremiah explained the next steps in the public approval perspective which include a
redevelopment meeting on September 19th and a public hearing for Comprehensive Plan
Amendments which would be held as early as October.
Mr. Cunningham noted that he was aware of a core group of neighbors that have communicated
a concern with increased traffic and density.
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Ms. Jeremiah stated that there was a focus group meeting to define the traffic issues and noted
that BRW was creating a scope of work for a traffic study in the area and noted that City Council
has asked for information on the regulations on the south side of the development.
Mr. Gothberg stated that he liked parking on the park edge and diagonal parking.
Chair Carver stated that he liked the diagonal parking on the park edge. He stated that he did not
like the diagonal parking on the town green which takes away from the ambiance of eating
outside.
Mr. Cunningham stated that Told would continue to work on the design evolution, keeping the
goals of the City and pedestrian orientation in mind.
E. Planning Commission Meeting for September 20th cancelled
F. Other
7. Miscellaneous - None
8. Adjournment
Chair Carver adjourned the meeting at 8:40 p.m.
Respectfully Submitted,
Janice Loftus
Administrative Secretary
Prepared by:
Shirley Olson
Recording Secretary