HomeMy WebLinkAbout2019/01/22 - ADMIN - Agenda Packets - City Council - RegularAGENDA
JANUARY 22, 2019
(Mayor Spano and Councilmember Miller absent)
7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council chambers
1.Call to order
2.Roll call
3.Approval of minutes -- None
5.Reports -- None
7.New business
7a. First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
Recommended Action: Motion to adopt EDA Resolution approving the first amendment to
the redevelopment contract between the EDA and 36th Street, LLC.
7:30 p.m. CITY COUNCIL MEETING – Council chambers
1.Call to order
1a. Pledge of allegiance
1b. Roll call
2. Presentations -- None
3.Approval of minutes
3a. Special study session minutes December 3, 2018
3b. City council meeting minutes December 3, 2018
3c. Study Session minutes December 10, 2018
4.Approval of agenda and items on consent calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or
a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
The items for the Consent Calendar are listed on the last page of the Agenda.
Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent
Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove
items from the agenda, or move items from Consent Calendar to regular agenda for discussion.)
5.Boards and Commissions -- None
Meeting of January 22, 2019
City council agenda
6. Public hearings
6a. The Cooper, LLC dba The Local - Westend – on-sale intoxicating and on-sale Sunday liquor
license
Recommended action: Mayor to open public hearing, take public testimony, and close public
hearing. Motion to approve application from The Cooper, LLC dba The Local - Westend for an
on-sale intoxicating and on-sale Sunday liquor license for the premises located at 1607 Park
Place Boulevard.
6b. 2019 Pavement Management Project No. 4019-1000
Recommended action: Mayor to open public hearing, take public testimony, and close public
hearing. Council will be asked to take final action on this project at its February 4 meeting.
6c. First reading of ordinance imposing a franchise fee on Northern States Power Co. (dba Xcel
Energy)
Recommended action: Mayor to open the public hearing, solicit comments, and to close the
public hearing. Staff recommends a motion to approve first reading of an ordinance imposing
a franchise fee on Xcel Energy and set second reading for February 4, 2019.
6d. First reading of ordinance imposing a franchise fee on Centerpoint Energy Resources
Corporation
Recommended action: Mayor to open the public hearing, solicit comments, and to close the
public hearing. Staff recommends a motion to approve first reading of an ordinance imposing
a franchise fee on Centerpoint Energy and set second reading for February 4, 2019.
7. Requests, petitions, and communications from the public -- None
8. Resolutions, ordinances, motions and discussion items -- None
9. Communications – None
St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and
replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org,
and saved for video on demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of city hall and
on the text display on civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website.
Meeting of January 22, 2019
City council agenda
Consent calendar
4a. Approve second reading and adopt Ordinance adding electric vehicle supply equipment
requirements to new and reconstructed parking structures and approve the Summary Ordinance
for publication
4b. • Approve second reading and adopt Ordinance adding Section 36-268 PUD 14 to the zoning
code and amending the zoning map from O - Office to PUD 14 for the property located at
5235 Wayzata Boulevard, and approve the Summary Ordinance for publication.
• Adopt Resolution rescinding Resolution No. 93-101.
• Adopt Resolution amending Resolution No. 13-151.
4c. Adopt Resolution authorizing purchase of the tax forfeited single family home located at 3611
Glenhurst Ave. S. for a demonstration project and affordable homeownership opportunity.
4d. Adopt Resolution authorizing installation of permit parking restrictions in front of 3144
Hampshire Avenue.
4e. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at
4114 Xenwood Ave. S., St. Louis Park, MN. P.I.D. 21-117-21-31-0123.
4f. Adopt the following resolutions imposing civil penalties for liquor license violations according to
the recommendation of the city manager:
• Resolution imposing civil penalty for liquor license violation on December 6, 2018 at Rackner,
Inc. dba Bunny’s Bar & Grill, 5916 Excelsior Blvd.
• Resolution imposing civil penalty for liquor license violation on October 30, 2018 at
SuperValu, Inc. dba Cub Liquor, 5370 16th St. W.
4g. Approve out-of-state travel of Mayor Jake Spano to attend the 87th Winter Meeting of The
United States Conference of Mayors in Washington, DC on January 22 – 25, 2019.
4h. Adopt Resolution authorizing the change of parking restriction on Zarthan Avenue between
39th Street and Cambridge Street in the Elmwood neighborhood.
4i. Adopt Resolution accepting work and authorizing final payment in the amount of $8,657.50 for
the annual concrete replacement project with Ti-Zack Concrete, Inc. - Project No. 4018-0003,
City Contract No. 31-18.
4j. Approve for filing planning commission meeting minutes of Dec. 19, 2018
Meeting: Economic development authority
Meeting date: January 22, 2019
Action agenda item: 7a
Executive summary
Title: First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
Recommended action: Motion to adopt EDA Resolution approving the first amendment to the
redevelopment contract between the EDA and 36th Street, LLC.
Policy consideration: Does the EDA wish to amend the redevelopment contract with 36th
Street, LLC so as to extend the construction completion date for The Elmwood redevelopment
due to unavoidable delays beyond the Redeveloper’s control?
Summary: On September 18, 2017, the EDA entered into a contract for private redevelopment
with 36th Street, LLC (“Redeveloper”) under which the Redeveloper agreed to complete
construction of The Elmwood senior apartment project (located at 5605 W 36th Street) by Aug.
15, 2019. The Redeveloper subsequently encountered a series of unavoidable delays in starting
the project due to utility relocations by third parties as well as obtaining a MnDOT right-of-way
(ROW) permit, all of which took substantially longer than anticipated. The Redeveloper and its
lender therefore have requested the EDA approve a first amendment to the redevelopment
contract which extends the project’s required construction completion date to May 25, 2020.
The EDA’s legal counsel has reviewed the proposed first amendment and recommends its
approval.
Financial or budget considerations: Due to the construction delay, the proposed first
amendment removes the property’s partial market value of $8,100,000 as of Jan. 2, 2019 as
stipulated in the contract’s minimum assessment agreement but maintains the same full
market value of $16,200,000 as of Jan. 2, 2020.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: EDA Resolution
First amendment
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, EDA Executive Director and City Manager
Economic development authority meeting of January 22, 2019 (Item No. 7a) Page 2
Title: First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
St. Louis Park Economic Development Authority
EDA Resolution No. 19-____
Resolution approving First Amendment to Contract for Private Redevelopment
Between the St. Louis Park Economic Development Authority and 36th Street,
LLC
Be it resolved by the Board of Commissioners ("Board") of the St. Louis Park Economic
Development Authority, St. Louis Park, Minnesota (the "Authority") as follows:
Recitals.
1.01. Pursuant to its authority under Minnesota Statutes, Sections 469.090 to
469.1081 and 469.174 to 469.1794, as amended, the Authority created the Elmwood
Apartments Tax Increment Financing District within its Redevelopment Project No. 1 (the
“Project”), for the purpose of facilitating the redevelopment of certain substandard property
within the Project.
1.02. The Authority and 36th Street, LLC (the “Redeveloper”) executed a Contract for
Private Redevelopment, dated as of September 18, 2017 (the “Contract”), providing, among other
things, for the construction of certain improvements (the “Minimum Improvements”) on the
property legally described within the Contract (the “Redevelopment Property”).
1.03. Due to Unavoidable Delays (as defined in the Contract) caused by slower-than-
anticipated utility relocation by a third party, the parties have negotiated and propose to
execute a First Amendment to the Contract (the “First Amendment”) to extend the deadlines
for the commencement and completion of construction of the Minimum Improvements.
Section 2. First Amendment Approved.
2.01. The First Amendment as presented to the Board is hereby in all respects
approved, subject to modifications that do not alter the substance of the transaction and that
are approved by the President and Executive Director, provided that execution of the First
Amendment by such officials shall be conclusive evidence of approval.
2.02. The President and Executive Director are hereby authorized to execute on behalf
of the Authority the First Amendment and any documents referenced therein requiring
execution by the Authority, and to carry out, on behalf of the Authority, its obligations
thereunder.
2.03. Authority staff and consultants are authorized to take any actions necessary to
carry out the intent of this resolution.
Economic development authority meeting of January 22, 2019 (Item No. 7a) Page 3
Title: First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
Reviewed for Administration: Adopted by the Economic Development
Authority Jan. 22, 2019
Thomas K. Harmening, Executive Director Steve Hallfin, President
Attest:
Melissa Kennedy, Secretary
Economic development authority meeting of January 22, 2019 (Item No. 7a) Page 4
Title: First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT
This agreement is made as of __________________, 2019, by and between the ST. LOUIS
PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and corporate (the
“Authority”) and 36th STREET, LLC, a Minnesota limited liability company (the “Redeveloper”).
WHEREAS, the Authority and the Redeveloper entered into that certain Contract for Private
Redevelopment dated as of September 18, 2017, filed of record in the office of County Recorder of
Hennepin County, Minnesota on July 25, 2018, as Document No. A10575305, and in the office of
Registrar of Titles of Hennepin County, Minnesota on July 25, 2018, as Document No. T05547372
(the “Contract”), providing, among other things, for the construction of certain improvements (the
“Minimum Improvements”) on the property legally described within the Contract (the
“Redevelopment Property”); and
WHEREAS, due to Unavoidable Delays in the commencement of construction of the
Minimum Improvements caused by an extended timeline for relocation of utilities by a third party,
the Redeveloper has requested, and the Authority has agreed, to revise the required date of completion
of construction of the Minimum Improvements.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Amendment to Section 4.3(a) of the Contract. Section 4.3(a) of the Contract is
amended as follows:
(a) As of the date hereof, Redeveloper has commenced construction of the Minimum
Improvements. Subject to Unavoidable Delays, the Redeveloper shall substantially complete the
construction of the Minimum Improvements by May 25, 2020. All work with respect to the Minimum
Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall
be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the
Authority.
2. Amendment to Section 6.3(a) of the Contract. Section 6.3(a) of the Contract is
amended as follows:
(a) Upon execution of this Agreement, the Redeveloper shall, with the Authority, execute an
Assessment Agreement pursuant to Minnesota Statutes, Section 469.177, subd. 8, specifying an
assessor's minimum Market Value for the Redevelopment Property and Minimum Improvements
constructed thereon. The amount of the minimum Market Value shall be $16,200,000 as of January
2, 2020 and each January 2 thereafter, notwithstanding the status of construction by such dates.
Economic development authority meeting of January 22, 2019 (Item No. 7a) Page 5
Title: First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
3. Miscellaneous. Except as amended by this Amendment, the Contract shall remain in
full force and effect. Upon execution, Redeveloper shall reimburse the Authority for all out-of-pocket
costs incurred by the Authority in connection with negotiating, drafting and approval of this
Amendment.
(Remainder of this page intentionally left blank.)
Economic development authority meeting of January 22, 2019 (Item No. 7a) Page 6
Title: First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
IN WITNESS WHEREOF, the Authority and the Redeveloper have caused this Agreement to be duly
executed by their duly authorized representatives as of the date first above written.
ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of January, 2019 by
Steve Hallfin and Thomas K. Harmening, the President and Executive Director of the St. Louis Park
Economic Development Authority, a public body corporate and politic under the laws of the state of
Minnesota, on behalf of the Authority.
Notary Pu blic
Authority signature page to First Amendment to Contract for Private Redevelopment
Economic development authority meeting of January 22, 2019 (Item No. 7a) Page 7
Title: First amendment to redevelopment contract – 36th Street, LLC (The Elmwood)
36th Street, LLC
a Minnesota limited liability company
By:
Donald B. Kasbohm
Its: Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of __________, 2019,
by Donald B. Kasbohm, the Manager of 36th Street, LLC, a Minnesota limited liability company, on
behalf of the company.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (MNI)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
546434v2 MNI SA285-110
Redeveloper signature page to First Amendment to Contract for Private Redevelopment
Meeting: City council
Meeting date: January 22, 2019
Minutes: 3a
Unofficial minutes
City council special study session
St. Louis Park, Minnesota
December 3, 2018
The meeting convened at 6:30 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne
Mavity, Thom Miller, and Margaret Rog.
Staff present: City Manager (Mr. Harmening), Director of Inspections (Mr. Hoffman);
Engineering Director (Ms. Heiser), Deputy City Manager/Human Resources Director (Ms. Deno),
Director of Community Development (Ms. Barton), Fire Chief Koering, Management Assistant
(Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas).
Guest: Senator Ron Latz; Representative Cheryl Youakim; Hennepin County Commissioner
Marion Greene; St. Louis Park Lobbyist Vic Moore.
1. 2019 Legislative priorities and issues
Mayor Spano welcomed the legislators and introductions were made. He pointed out the
summary of the issues and themes the council will present. He thanked the legislators for their
years of work on the SWLRT, and noted the project will begin soon.
Mayor Spano noted the following priority items:
Community Development/Housing – including a vast majority of issues like bonding, fund
raising, TOD housing fund, and local housing trust funds. He added this is the council’s number
one priority.
Transportation – including the redesign of Hwy 25 and the intersection of Texas Ave and
Minnetonka Blvd, the latter of which is to be redone in 2020, by Centerpoint. He stated this
would be the optimal time to redo this area, allowing for minimal disruption.
Public Safety – including the Pathways to Policing Program, which he stated has been
transformational. He noted the city would like to see this program funded at the state level,
adding that many other cities are doing this program as well.
General items noted also included the city’s aggressive work on sustainability and
environmental issues. Mayor Spano pointed out the city’s recently passed climate action plan
noting it is a hallmark for the city and an aggressive plan for any city in the state. Mayor Spano
stated the city would like to see some support from the state on their climate action plan, and
would also like to see the state or county adopt the St. Louis Park climate action plan.
Councilmember Mavity added there are many opportunities to work together on climate
action, adding St. Louis Park students enlightened the council on this topic, and the council
City council meeting of January 22, 2019 (Item No. 3a) Page 2
Title: Special study session minutes of December 3, 2018
adopted the plan. She stated the city is 65% of the way on the plan, but will need to figure out
the other 35%.
Senator Latz stated he was pleased to see all the work the city is doing, adding the council has
an impact on the community. He thanked them for their work on climate action, housing,
transit, and the smoking ban in St. Louis Park, and said it pushes the rest of folks to do likewise.
Senator Latz noted he is more optimistic for St. Louis Park community issues now with the
legislature, after the mid-term elections. He stated incoming Governor Walz is collaborative and
energetic, and will work with both Democrats and Republicans in the senate and house.
Likewise, incoming Majority Leader Gazelka has been collaborative as well.
Senator Latz stated he sees issues on data practices and gun safety taking priority and he is glad
to see St. Louis Park has those items on their list of important issues as well.
Councilmember Rog thanked Senator Latz for his advocacy on the gun issue for so long.
Senator Latz stated he introduced the idea of permit to purchase, which has been more
accepted across the state, noting this is an effective way to prevent unlawful gun sales.
Mayor Spano noted the concerns of St. Louis Park high school students on gun control, adding
he has met with both students and the city’s local gun store owner. Mayor Spano stated the
owner would be a good person for the legislators to meet with and discuss these issues, adding
he can provide contact information.
Senator Latz added the legislature will work also on net neutrality and internet privacy issues.
Councilmember Hallfin asked if high speed internet for greater MN would be part of this
discussion. Senator Latz stated that is a different issue, related to the build-out of
infrastructure. He noted although this is not funded at this time, it may be funded this session.
Representative Youakim added her thanks to the council and city on their work with SWLRT and
keeping local control. She noted the transportation and finance committees were combined,
after the election, and there is a whole entire committee dedicated to housing now, and
chaired by Representative Hausman.
Representative Youakim added the labor committee is now under the public safety committee
and will deal with police training and non-traditional items. She pointed out there are 39 new
members in the house, many with degrees, and a great new majority leader and new speaker
as well. She also noted 40 members are now suburban members in the DFL caucus, which is a
big shift.
Councilmember Brausen asked about the possibility of the legalization of marijuana in MN, and
if it were to be legalized in MN, he would like to see local authority given to cities for some
piece of the taxation. He noted 10 states have legalized marijuana already, and in CO, funds go
to their educational system, while others like CA and MA are just starting this process.
City council meeting of January 22, 2019 (Item No. 3a) Page 3
Title: Special study session minutes of December 3, 2018
Representative Youakim stated this will be a long conversation, and the MN senate majority
leader has no interest in this based on a very strong moral objection.
Senator Latz added there is much discussion on this topic, and will likely be covered in more
than one session; however, added it will not pass this year, and there will also be hearings on
this as well.
Commissioner Greene also thanked the council for the work they are doing with SWLRT,
housing, transportation and climate, noting the city is on the cutting edge in many ways.
Commissioner Greene added Hennepin County Council has evolved and added two new people
of color to the board. She stated there is a new level of energy and excitement, adding she sees
the council board as similar to the St. Louis Park council, being prudently innovative in an
informed way.
Commissioner Greene noted work being done in Hennepin County on jail bonds, immigrant
community housing, racial equity, and changing county highways to be more like city streets.
She stated they are working to engage more with residents and local government, and hear
from all.
Councilmember Rog asked about timing or updates on the Minnetonka Boulevard project, east
of Highway 100. Commissioner Greene stated there is updated information on the county
website, including a 5-year plan and information about community input being gathered.
Councilmember Harris noted the project at Texas and Minnetonka Blvd. She stated the
intersection has housing, transit and three NOAH properties, all of which are on a bus line and
in a hub of commerce. She stated the city and county have an opportunity to be innovative
here, and asked what sort of engagement might occur in advance of the intersection design.
Commissioner Greene stated there will be resident engagement; however, she is not sure of
specifics yet. She noted there is project information on the county website.
Mr. Harmening also pointed out the city will be partnering with the utilities on the Texas and
Minnetonka Blvd project, and it is important that they do so. He noted also that biking and ADA
accessibility and a new signal system will all be part of the project.
Councilmember Mavity noted the county project at 38th and Glenhurst, which created crossing
lanes and slowed traffic. She noted the grant from the county and the collaboration was helpful
and significant.
Commissioner Greene noted this and added she will be the Hennepin County board chair
beginning in 2019.
Mr. Moore thanked the council for the outstanding job this year, adding it is a joy for him to
work for the city, which he pointed out is one of the most progressive in the state.
City council meeting of January 22, 2019 (Item No. 3a) Page 4
Title: Special study session minutes of December 3, 2018
Councilmember Hallfin pointed out that while housing is a major issue, the root of the problem
continues to be that folks don’t make enough money to pay for their rents or homes. He asked
if the state can look into increasing the minimum wage.
Representative Youakim commented this is a concern; however, there is a threshold where it
becomes a larger problem for some that would lose their housing benefits, if they made too
much money. She noted there is a balance with this issue that needs to be considered as well.
The meeting adjourned at 7:12 p.m.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: January 22, 2019
Minutes: 3b
Unofficial minutes
City council meeting
St. Louis Park, Minnesota
December 3, 2018
1. Call to Order
Mayor Spano called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne
Mavity, Thom Miller, and Margaret Rog.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), Director of Community Development (Ms.
Barton), Chief Financial Officer (Mr. Simon), Planner (Ms. Monson), City Assessor (Mr. Bultema),
Management Assistant (Mr. Carrillo Perez), and Recording Secretary (Ms. Pappas).
1a. Pledge of allegiance
1b. Roll call
2. Presentations - None
3. Approval of minutes
3a. City council study session minutes of October 22, 2018
It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to
approve the October 22, 2018 Meeting Minutes as presented.
The motion passed 7-0.
3b. Special study session minutes of November 5, 2018
It was moved by Councilmember Hallfin, seconded by Councilmember Mavity, to approve
the November 5, 2018 Meeting Minutes as presented.
The motion passed 7-0.
4. Approval of agenda and items on consent calendar
4a. Accept for filing city disbursement claims for the period of October 27, through
November 23, 2018.
4b. Moved to 6c.
City council meeting of January 22, 2019 (Item No. 3b) Page 2
Title: City council meeting minutes of December 3, 2018
4c. Approve entering into a service agreement with the Hennepin County
Department of Community Corrections and Rehabilitation for continuing to use
their crews from the Sentencing to Service Program (STS Program).
4d. Adopt Resolution No. 18-185 authorizing final payment in the amount of
$25,702.49 for Project 4017-2000A Connect the Park Sidewalk and enhanced
pedestrian crossings with G. L. Contracting, Inc., City Contract No. 61-17.
4e. Adopt Resolution No. 18-189 accepting work and authorizing final payment in the
amount of $8,082.50 for the Bass Lake preserve outlet project with Veit &
Company, Inc. - Project No. 4014-4000, City Contract No. 183-17.
4f. Approve for filing board of zoning appeals meeting minutes of May 24, 2018.
Mayor Spano requested that Consent Calendar item 4b be removed and placed on the
Regular Agenda as 8a.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to
approve the Agenda and items listed on the Consent Calendar as amended, and to move
Consent Calendar item 4b to the Regular Agenda as item 8c; and to waive reading of all
resolutions and ordinances.
The motion passed 7-0.
5. Boards and commissions - none
6. Public hearings
6a. First reading of Ordinance vacating portions of utility easements at 8000
Minnetonka Blvd.
Ms. Monson presented the staff report regarding Texatonka shopping center. She noted
Fine Properties of MN, LLP is requesting to vacate the utility easement in order to clean
up the titles to the property. The portions of easements to be vacated are not needed
by the city, county or public utility companies for any public purpose.
Councilmember Harris asked what led to the easement being placed there, and then not
used. Ms. Monson stated as part of the original platting process, the easement was
required, but then has never been used over the last 70 years. She noted it is on the
north side of the property, underneath the building.
Mayor Spano opened the public hearing.
Jake Warner, 2140 Glenhurst Rd., commented on the unused telephone poles in his
neighborhood, and asked why the city does not take them out. He has also notified Xcel
and Comcast, and asked that the city please remove the poles, which are not in use.
Mayor Spano closed the public hearing.
City council meeting of January 22, 2019 (Item No. 3b) Page 3
Title: City council meeting minutes of December 3, 2018
It was moved by Councilmember Harris, seconded by Councilmember Brausen, to
approve first reading of ordinance vacating portions of utility easements at 8000
Minnetonka Blvd. and to set the second reading for Dec. 17, 2019.
The motion passed 7-0.
6b. 2019 proposed budget, tax levies and truth in taxation public hearing.
Mr. Simon presented the staff report.
Mr. Harmening explained the budget process of the city, and stated priorities include
police, fire, public works, and community visioning. He noted the five strategic priorities
adopted by council, which represent feedback received from the community, include
focus on race equity, environmental stewardship, an aggressive climate action plan, and
the Connect the Park project.
Mr. Simon stated the proposed 2019 final property tax levy is a 4.35% increase over the
2018 final property tax levy. The 2019 preliminary property tax levy increase adopted on
September 17 by the council was 5.18%, and based on further analysis and council
direction, it was reduced to 4.35%.
Mr. Simon explained this evening is a public hearing on truth in taxation, however the
council will take no action, and public comments will be noted. He noted that staff,
including himself as well as City Assessor Bultema, are available for questions at any
time, at city hall.
Councilmember Rog asked Mr. Bultema to explain the process if residents want to
question the assessed value of their home. Mr. Bultema explained the process involves
four steps:
1. Informal appeal which involves residents calling staff with questions.
2. Right to Appeal to the local taxation board, which listens and makes a decision.
3. Appeal to the county board whereby an appraiser is sent to review the property
and the county makes a decision.
4. Petition in Tax Court where a judge hears the case, and appeals can go to the
state supreme court.
Councilmember Brausen noted that the majority of the city budget is personnel costs,
adding there will be four new full-time employees, plus two more part-time added, and
one will be offset by corresponding revenues coming in.
Mayor Spano pointed out charges for services include items like program revenue
collected at the Rec Center, when the facility is rented out.
Mayor Spano opened the public hearing.
Lynn Boiarsky, 4820 Park Commons Drive, #328, stated she would like to advocate for
the city’s low-income people and explained she has done voluntary tax prep for low
City council meeting of January 22, 2019 (Item No. 3b) Page 4
Title: City council meeting minutes of December 3, 2018
income folks. She noted how these folks wait for their property tax refunds each year,
and she would like the council to consider a cap on taxes, for folks who are impacted
and are retired. She stated she was not aware of the over 65 program and would like
more information on that, adding she would like for council to consider this group when
they set the tax levy.
Dale Anderson, 2700 Vernon Ave., stated he has been retired for 10 years, the last 5 of
which he has taught continuing education at the U of M. He stated the city is living
beyond its means and that is not sustainable in the long term. He stated this will hurt
folks and push them out of their homes and also impair the city’s ability to provide
affordable housing. He stated the city needs to shift some of the cost burdens around
including sidewalk shoveling, noting that some folks are double taxed which is
profoundly unfair, especially for those who are handicapped or disabled. He added that
creating a monument to recreation and another $12 million monument to nature is
pushing many beyond their limits, and he wants to bring this to the council’s attention.
Jake Werner, 2148 Glenhurst Rd., stated he is a 27-year resident of Lake Forest and
noted there are no sidewalks in his neighborhood, and the lighting is poor. He added the
landscape is barren on Highway 7, and it should be made into a promenade because it is
so bleak. He stated the recent expenditure of $10 million on the Rec Center is a mystery
to him as he never sees anything going on there, yet the lights are always on. He also
stated the skateboard park needs help and there needs to be more attention to
landscape.
Sarah Dold, 3341 Yosemite Ave. S., stated she has lived in St. Louis Park for 2 years, and
works full time as a nurse at Methodist Hospital. She stated she loves living in the city
and close to her job and wants to stay; however, her taxes have increased by double
digits each year, and are proposed to go up this year to $4901 from $2344, last year. She
is concerned and noted she was not extravagant when she purchased her home, but
stated many don’t have the ability to pay these taxes, and she hopes the city can
practice some moderation, so all can afford to live in St. Louis Park.
Nancy Wood, 2709 Lynn Ave., stated there is a common theme here, and the city is out
of line on spending. She noted she has lived in St. Louis Park for 25 years and loves living
here; however, her property taxes have gone up 40% in the last two years, while her
salary has not gone up. She stated this council has an open checkbook, but added the
city needs to live within its means and if taxes keep increasing, it will drive out many
citizens. She stated the council needs to get spending in check.
Terry Warner, 3020 Florida Ave. S., stated when he purchased his house 33 years ago,
his taxes were $466, and this year they are proposed to be $2,666. He stated he is
scared the city is becoming a neo Linden Hills, with every block having mini mansions
and tear downs. He stated he’s been offered to sell his lot, and he does fear his taxes
will go higher if his neighbor builds a mansion next to him. He noted he no longer has a
mortgage, but if he did, he could not afford to live in the city.
City council meeting of January 22, 2019 (Item No. 3b) Page 5
Title: City council meeting minutes of December 3, 2018
Adrian Johnson, 2901 Blackstone, stated he has lived here since 2005, and is concerned
about property taxes here. He stated he does love what is being done in the city, and
enjoys the amenities, but his last tax increase was 43%. He stated if this levy passes, he
will be fine with it, but he wants to be part of the process. He asked the council to
choose wisely, adding he can’t imagine what the next 10 years will bring.
Roger Randall, 3251 Louisiana, West Oak, stated he has reflected on comments he’s
heard this evening, and he wants to compliment the city. He stated he moved here in
2011, lives in a condo, and this year his taxes are going up 18%. He stated he hopes to
retire in a year or two, and this increase seems very high. He, however, stated the city
has great amenities and the council are good stewards of the city’s money, adding he
speaks for the 75 homeowners in his condo complex, and as president of their
association.
Greg Cumming, 2032 Utah Ave. S., stated he bought his house a 1½ years ago and has
had a 25% increase in taxes since he moved in. He noted they did a modest bath
remodel and did the work themselves, but did not know there would be an implication
on his taxes, and he has concerns. He stated he likes the idea of a cap and added when
he received notification of his assessment in March, there was no notification on how
this will impact your taxes for the next season, so he was not sure if he should appeal.
He stated if the tax increases continue as a trend, he is not sure he will stay in St. Louis
Park. He thanked the council for their time.
Susan Bloyer, 2935 Pennsylvania Ave. S., thanked the council for keeping the increase
around 5% and stated she is sure some of the taxes are related to school and county
taxes, which folks can’t do anything about. She noted as a member of the Environmental
and Sustainability Commission, she is happy to have the nature center and the council’s
commitment to cutting back on greenhouse gases. She appreciates the property tax
refund and stated she will reach out to Mr. Bultema with her questions.
Robert Niece, 3151 Louisiana Ave., stated he lives in a condo and his taxes are proposed
to increase 18% across all residents there. He stated if values go up more than 8%,
owners should get a special type of notification, or some type of leveling should be
included, adding there needs to be some type of additional process to level an 18%
increase across 3 years, at 6% each year.
Angelina Aller, 4860 Park Commons Drive #317, stated she lives in a condo and is hoping
to stay in St. Louis Park. She enjoys the amenities, and stated her taxes went up 33% this
year. She noted she and her husband are both college graduates and have full time
careers, but with tax increases like this, they are not sure they can afford a house in St.
Louis Park, adding they have tuition bills to pay.
Jason Rodahl, 3118 Rhode Island Ave., stated he does not think there is a problem, yet
he would support a cap, or a 1-year lag notice before taxes went up. He added the city
should look for ways to raise funds from developers, or there should be a mechanism to
level things out. He added the city should also provide concrete examples to go out with
tax notices, with explanations, and better communication to residents.
City council meeting of January 22, 2019 (Item No. 3b) Page 6
Title: City council meeting minutes of December 3, 2018
Jim Engelking, 4057 Brookside Ave., stated he moved to the city in 2015, from St. Paul,
where he had a bigger house and paid twice as much in taxes. He noted the snow gets
plowed faster here, and the infrastructure is top notch, with great amenities. He stated
residents are getting good value for their tax dollars.
Mayor Spano closed the public hearing.
There was no action taken, and final adoption will take place at the December 17, 2018
meeting.
Councilmember Brausen asked if the tax notices that are sent to residents are required
by state law. Mr. Bultema stated yes, that is correct.
Councilmember Brausen asked about the mechanics of tax law, and asked if the city has
any discretion. Mr. Bultema stated generally no, the city has no discretion.
Councilmember Brausen asked if the assessed values are determined by the
marketplace and then all values are determined and distributed across all property tax
values. Mr. Bultema stated that is correct.
Councilmember Rog thanked all residents who attended the meeting this evening and
stated all comments were heard and will be discussed.
Mayor Spano responded to Mr. Cumming’s comment about getting the levy amount at
the same time residents’ valuation statements are sent out; however, the Mayor noted
at that point, the council has not set the levy.
Mr. Harmening commented on Mr. Warner’s concern about telephone poles not in use,
and stated city staff will be in contact with him about who owns the poles and how they
will be taken care of.
7. Requests, petitions, and communications from the public – none
8. Resolutions, ordinances, motions and discussion items
8a. Second reading and adopt Ordinance No. 2548-18 amending St. Louis Park City
Code Chapter 10 related to the rules of conduct for municipal elections.
Mayor Spano noted he wanted to make sure all are aware of this big step for the city
with adoption of these rules. He reminded residents this was done after the most recent
mid-term elections so as not to confuse residents, and this process will begin in 2019
municipal elections. He added there will be much education on this new process starting
after the first of the year.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to
approve second reading and adopt Ordinance No. 2548-18 amending St. Louis Park City
Code Chapter 10 related to the rules of conduct for municipal elections.
City council meeting of January 22, 2019 (Item No. 3b) Page 7
Title: City council meeting minutes of December 3, 2018
The motion passed 7-0.
9. Communications
Mayor Spano noted the groundbreaking for SWLRT, which was held last Friday. He
stated he invited Phyllis McQuaid, who was mayor of St. Louis Park when work on the
light rail began in 1978. He noted this has been the single largest project he has worked
on since being elected to the council 7 years ago, and praised the work of many, over
the years, who are not in the room, adding this is very exciting.
Councilmember Harris stated the Holiday Train will come to St. Louis Park on Tuesday,
December 11, beginning at 5:30 p.m., on the tracks in the historic Walker district, near
STEP. She added that food donations will be accepted and the railroad will also be
donating funds.
Mayor Spano added this will be the third year for the event, and two years ago $23,000
was raised, while last year $35,000 was raised for STEP. He encouraged all to come out
and support the event this year as well.
Councilmember Brausen stated Ms. McMonigal told him she had attended more
meetings on the SWLRT project than any other topic in her 20 years on the St. Louis Park
staff. He went on to thank all staff for their work on this project over the years.
10. Adjournment
The meeting adjourned at 8:50 p.m.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: January 22, 2019
Minutes: 3c
Unofficial minutes
City council study session
St. Louis Park, Minnesota
December 10, 2018
The meeting convened at 6:00 p.m.
Councilmembers present: Mayor Jake Spano, Steve Hallfin, Rachel Harris, Anne Mavity, Thom
Miller, and Margaret Rog.
Councilmembers Absent: Tim Brausen
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knutson), Assistant
Manager/Human Resources Director (Ms. Deno), Director of Community Development (Ms.
Barton), Director of Inspections (Mr. Hoffman), Police Chief Harcey, Housing Supervisor (Ms.
Schnitker), Housing Programs Coordinator (Ms. Olson), Communications Manager (Ms. Larson),
Racial Equity Manager (Ms. Sojourner), HRC Commissioner (Ms. Arnold), Community Service
Officer Drager, Police Lt. Garland, Management Assistant (Ms. Carrillo Perez), and Recording
Secretary (Ms. Pappas).
1. Future study session agenda planning - December, 2018
Mr. Harmening presented the proposed study session agenda for December 17, 2018.
Councilmember Rog submitted a study session topic proposal form to be discussed at the end
of the meeting.
2. HRC report to council: Immigrants who are undocumented proposal
Human Rights Commission (HRC) Commissioner Arnold presented the report.
Commissioner Arnold noted residents recently asked the city council to pass a resolution calling
for the abolishment of U.S. Immigration and Customs Enforcement (ICE) and limiting the
cooperation of city employees with federal immigration enforcement actions. The council asked
the HRC to provide feedback on this proposal. Commissioner Arnold stated after considering a
variety of factors, the HRC developed an alternative proposal they believe is better tailored to
St. Louis Park. She also noted other cities are passing these types of policies; however, most are
larger, including Minneapolis, Seattle and Los Angeles.
Commissioner Arnold stated the HRC gathered community input in October even though
historically the HRC has had difficulty getting public involvement or feedback from those who
could benefit most from a policy such as this.
Ms. Sojourner pointed out this policy would affect the most vulnerable, including
undocumented immigrants, those with low income, people of color, and also a high number of
women and families.
Commissioner Arnold presented the proposed resolution which:
City council meeting of January 22, 2019 (Item No. 3c) Page 2
Title: Study session minutes of December 10, 2018
1. Urges the federal government to cease its policy of family separation except in narrowly
tailored circumstances;
2. Affirms the city’s commitment to policies of non-discrimination and values the dignity of
all of our community members, irrespective of country of origin or immigration status;
3. Establishes a grant program, allowing residents and organizations of St. Louis Park to
request funding for projects that will mitigate the harms caused by current and
proposed federal immigration policies that separate families and discourage the use of
safety net services.
Commissioner Arnold asked the council if they wished to move ahead with next steps based on
the proposed items above.
Councilmember Miller asked if there are more opportunities in the sheriff’s office to partner
with the county and possibly get matching funds to help establish a grant program.
Commissioner Arnold stated HRC could look further at this.
Councilmember Miller noted Hennepin County Commissioner Greene would be very open to
such a proposal and these types of efforts with St. Louis Park leading the way.
Councilmember Rog asked for information on the multi-cultural liaisons in the schools, and
their work with families.
Commissioner Arnold stated the liaisons work with families and mentioned one case where the
family moved into a church, noting that access to food has been a problem for these families,
many times because they are undocumented and scared to use social services. She added this is
where a grant program would help.
Councilmember Rog asked if city government might prevent folks from coming forward to get
help as well. Commissioner Arnold stated the HRC would still like to put a grant program in
place as a first step of good faith, and if it does not work, then make changes.
Councilmember Rog noted that STEP is a possible partner, as an organization with access to
food, and a very helpful and knowledgeable staff. Commissioner Arnold agreed, and stated the
HRC discussed this also, and would be interested in finding pre-existing organizations to help,
adding there is no need to start from scratch.
Councilmember Harris asked who folks rely upon if they have a distrust of government
assistance. Commissioner Arnold stated many rely on the faith communities, adding there is a
potential source of partnership in St. Louis Park, with so many faith communities.
Councilmember Mavity stated the conversation reminded her of how fortunate those are that
live in St. Louis Park, as this community cares about this, and she appreciates the work being
done. She added, however, she is not interested in engaging with a plan of public supported
services, noting that STEP is a great partner in St. Louis Park with skilled professionals. She is
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Title: Study session minutes of December 10, 2018
concerned with creating a parallel program and spending money on that, and asked if STEP has
had to turn away folks due to lack of funding.
Councilmember Mavity also stated the city council does not have capacity to do outreach
directly in these communities, adding council relies on the commissions to be an ear to the
ground and to do the leg work. She encouraged the HRC and other commissions to go forth and
listen and learn and lift those concerns to the council, and added she wants the HRC to feel
empowered to do this.
Councilmember Hallfin thanked the HRC for their work, adding that this is a weighty issue. He
noted the proposed resolution is fine; however, he does not think the part that mentions
“Urges the federal government to cease its policy of family separation” is worth doing, as
nothing will happen with this.
Commissioner Arnold noted, however, that while many residents know this, they still strongly
advocated that the city make their position known to the federal government.
Councilmember Hallfin also noted he does not want to pass token resolutions, just for the sake
of passing them, but he did understand their comments and appreciated their report.
Mayor Spano spoke for the absent Councilmember Brausen, who noted he is willing to support
the grant program, focused on individuals suffering from family separation policies.
Mayor Spano added he would like to say something very clear to the federal government about
this policy; however, he also has concerns about the consequences for cities that have done
this, and he would not want to make life more difficult for folks.
Mayor Spano also noted he has concerns about data privacy if this program were housed in the
city, and he is concerned about how to earmark funding for this.
Commissioner Arnold stated the Data Practices Act is clear about what is public and what is not
public information, and as for a grant program, the city might boost a pre-existing program,
adding there would need to be reasonable guidelines in place.
Councilmember Miller stated he supports this, taking the next steps, and looking at details,
adding there is value in having the HRC lead this effort.
Councilmember Mavity stated she is supportive of portions 1 and 2 of the resolution, but is less
enthusiastic about starting a new grant program, when the city has a great community partner
in STEP.
Councilmember Rog stated she also supports this effort, and as a former member of HRC, feels
this is a great way to build relationships and engage the community in a meaningful way.
Councilmember Harris stated she is in favor of item 1 and 2 also, but does not want to make
policies for the sake of making policies and would prefer the grant program be done through
the faith community, rather than reinvented through city government.
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Title: Study session minutes of December 10, 2018
Councilmember Hallfin agreed with Councilmember Harris, and does feel the city should not
lead in grant making, when there are non-profits available with the sole purpose of serving the
public.
Commissioner Arnold stated the HRC has concerns about moving too slowly on this issue, and
would like to speed the process up.
Mayor Spano stated he is flexible on how grants are given, and is most concerned about getting
help to those that need it.
Mayor Spano added that Councilmember Brausen is also fully in support of the resolution.
3. Crime free/drug free rental housing
Ms. Deno, Mr. Hoffman, Chief Harcey, and other staff presented the report. Ms. Deno noted at
the end of the discussion, staff will look to council for direction on next steps.
Mayor Spano noted the city values safe housing for its renters and homeowners and the council
also understands there are unintended consequences from all policies. That is why the council
is revisiting this ordinance. Mayor Spano added there will be no public comment this evening;
however, a sign-up sheet will be passed around the room for folks to note if they would like to
be kept informed on this topic by staff.
Mr. Hoffman began by presenting a history of the rental housing program, which dates back to
the 1970s. He noted various milestones along the way, stating the council adopted the current
crime free/drug free rental housing ordinance in 2008. He added in 2010 a provisional license
alternative was added for problem properties, and in 2018 tenant protection was added.
Chief Harcey focused on how the program is implemented in the city. He stated police respond
to calls at rental units, and the process fits within the city’s community policing philosophy,
having been enforced by police since it became a policy, as directed by council. Chief Harcey
noted this ordinance has built partnerships between police, property owners, and property
management. When a call is received, an officer responds to determine if a violation has
occurred and contacts the tenant whenever possible. The police also work with property
owners and tenants on crime free and drug free training.
Officer Draeger, St. Louis Park Community Outreach Officer, handles the crime free and drug
free training program. Classes are held both in St. Louis Park and throughout the state, in
multiple cities. Officer Draeger stated the police host the classes twice per year and typically
there are 30-50 attendees per class. He added the cost is $40 per person, which covers class
materials and food. Officer Draeger noted the all-day class discusses topics such as: crime free
ordinance, working with police, suspicious activity, drug activity, inspections, housing
assistance, and rental agreements.
Chief Harcey stated the crime free drug free ordinance components involve two separate tracks
which are:
City council meeting of January 22, 2019 (Item No. 3c) Page 5
Title: Study session minutes of December 10, 2018
• crime free/drug free – involving more serious crimes which can lead to immediate lease
terminations; and,
• Disorderly use – which is a progressive process to solve issues, when unnecessary noise,
trespassing, disorderly conduct, or alcohol violations are reported.
Chief Harcey noted the vast majority of calls come from neighboring units and neighbors, and
police verify the violation and are required to write a report. The Chief pointed out
consequences of 1st, 2nd and 3rd violations:
• 1st – owner or manager notifies tenant
• 2nd – same as above and an action plan is completed
• 3rd – call, same as above, action plan, and then leads to lease termination
Chief Harcey stated the property owner or manager is responsible for lease termination and
when all tenants sign their lease, they become aware of the crime free/drug free ordinance,
and its practices.
Ms. Carrillo Perez pointed out there is also a mediation service provided.
Councilmember Mavity asked how many use the mediation services. Officer Draeger stated he
would have to get the specific numbers, and get back to council on that. He added that with the
3rd violation, there is a process for appeal and it must be requested in writing within 10 days of
lease termination. The owner, manager, and tenant may participate in the appeal process.
Lt. Garland provided statistics on how the ordinance has worked in the community, noting that
disorderly calls for service have declined over the past 10 years, while the combination of all
crime free calls for service has also declined during this same timeframe.
Ms. Schnitker presented information about convening a crime/drug free rental housing work
group, adding that this group along with staff can review the ordinance and make
recommendations to council on possible modifications and the ordinance’s future direction.
Councilmember Hallfin thanked staff for the very comprehensive presentation. He noted he
himself is a landlord in the city and has attended the classes mentioned by Officer Draeger. He
said the classes were helpful and eye opening about how to be a good landlord.
Councilmember Hallfin added the ordinance was passed 10 years ago, when neither he, nor
anyone currently on the council, was on the council, yet he and other council members
received angry emails from residents asking “how dare you?” He pointed out when he was
elected to the council, he did not know every single ordinance and that is why the council is
now revisiting this ordinance to make it better. He added, as an owner, his tenants must sign
the lease agreement which includes the crime free/drug free ordinance, and he asked folks to
please be aware of the ordinance when signing the lease agreement. He pointed out, as long as
folks are law abiding, there will not be a problem. He added while he does not believe
marijuana use is grounds for being evicted, he does believe the ordinance is an important piece
and helps the city’s multi-tenant building residents. He stated there is value in this ordinance,
and he is all for a robust outreach on this, and also for keeping it in place. Councilmember
Hallfin stated he is still thinking about a total repeal of the ordinance.
City council meeting of January 22, 2019 (Item No. 3c) Page 6
Title: Study session minutes of December 10, 2018
Ms. Schnitker explained the difference between evictions and lease termination. She stated an
eviction is a legal action, whereas a lease termination is management sending a letter to the
renter to terminate the tenant’s lease. She added owners can terminate a lease without
needing to file an unlawful eviction action if the resident vacates the premises so as not to have
the renter’s record affected.
Councilmember Harris stated this is a welcome time to review the ordinance, and to take a
deep dive into practices. She appreciated staff’s work on this, and the work group being formed
to ensure safe rentals for the community, which is a high priority – especially with 40% of the
city’s residents living in rentals.
Councilmember Harris stated she has concerns about guests who may be in violation of the
ordinance, that it affects the renter, and would like to see that section reviewed.
Ms. Schnitker pointed out, however, the lease holder is responsible for the actions of guests,
adding this is very standard language that lease holders sign. She added the premises is under
the renter’s control and they have to be responsible for what happens at their residence.
Councilmember Mavity stated that none of the current councilmembers were on the council
when this ordinance was first adopted; however, she has been on the council for 9 years and
has not supported it. She pointed out she has raised concerns over time on the ordinance,
adding now is the time to learn and identify how to move forward and make improvements.
She is supportive of a workgroup to study this, adding there will need to be much data included,
as this is studied. She added this was a well-intentioned policy to address concerns, but now
the city needs more tools to address it.
Councilmember Mavity stated she would like a moratorium on enforcement of this ordinance
while the city studies it, and does not want to continue to perpetuate missteps while the
council continues to learn. She added the big theme here is the power imbalance, with all
communication through landlords, tenants can lose their housing and have no say in it, and this
is a core piece that needs to be addressed.
Councilmember Mavity added people are being penalized for making calls to the police, and
this is having the wrong outcome. She stated there is no incentive to call police, if tenants stand
to lose their housing, and this is a real concern. She noted when looking at the data on
violations, she is concerned that the decrease in violations might only be because landlords are
concerned that they will lose their licenses, adding we don’t know, because we don’t have all
the data.
Councilmember Mavity pointed out crime has also decreased in Hennepin County between
2009 and 2017, but these are area trends, and there is a correlation, but there is no cause here,
and no compelling evidence. She added losing housing is a significant penalty and can have
long-term impacts, similar to a criminal history.
Councilmember Miller thanked staff for the report and thanked residents for their emails,
adding he is thankful the community is so concerned about this issue. He stated the ordinance
needs work, and he agrees with convening the work group. He added he is concerned about
City council meeting of January 22, 2019 (Item No. 3c) Page 7
Title: Study session minutes of December 10, 2018
tenants facing domestic violence or mental health issues, and that they might not call for help,
and may lose their housing. He pointed out that Linda Trummer has worked on the crime free
ordinance for many years, and that her work has helped with this issue over the years.
Councilmember Miller has concerns the police force is not part of the work group, and he
would like to ensure they are, adding he would also like to see a civilian commission continue to
oversee the ordinance, going forward.
Councilmember Rog agreed completely with Councilmember Mavity’s comments, and thanked
the housing team and staff for being engaged in this. She thanked all the folks who attended
the meeting and communicated their concerns, and praised the great engagement around this
issue.
Councilmember Rog stated she also fully concurs that more data is needed to make good
choices and she believes additional study and data will help the council make good decisions.
She added the ordinance is unfair as it impacts people of color in the community and displaces
folks against their will, adding homeowners and renters should be treated the same. She also
fully supports a moratorium on the ordinance until further review, and supports the work group
as well, adding the study would be valid if led by an outside party, instead of led internally, by
the city.
Mayor Spano noted for Councilmember Brausen he is also in favor of temporarily suspending
the ordinance while the issue is studied, and he also supports the work group.
Mayor Spano stated he would like to see the work group take this on, adding after the public
process, all will be better informed, through suggestions and data collected. He added the
group will look at blind spots, and he would also support a moratorium on the ordinance while
it is reviewed.
Councilmember Miller stated while he is not opposed to a moratorium, he wants to understand
from staff what that means, and if there are concerns.
Councilmember Harris stated she is in support of the moratorium as well, and is in favor of the
work group, adding after the housing work group reviews, she would also like the police
advisory commission to review the findings.
Councilmember Hallfin added he has no issue with a hold on the ordinance, but asked staff
what will that mean.
Ms. Deno stated staff will put together an outline and some guidelines for council review, and
ask council for guidance. She stated staff could prepare this for the December 17 meeting,
provide some examples in the report to council, and considerations if the ordinance is
suspended.
Councilmember Miller stated he has concerns about taking action so soon without knowing all
implications. Officer Draeger noted there are no lease terminations on file currently.
City council meeting of January 22, 2019 (Item No. 3c) Page 8
Title: Study session minutes of December 10, 2018
Mr. Harmening added staff will need to know if they should share with landlords about what is
happening on their properties, as they do meet regularly to problem solve issues that arise. He
added the police will need to know council’s expectations on this.
Councilmember Mavity stated she would want to do less harm at this point, but added clear
communication needs to be ongoing with owners and landlords.
Councilmember Hallfin stated he is worried about unintended consequences and what this will
mean for staff, as the ordinance has been in place for 10 years. He agreed they will need to take
a step back, get more feedback, and make a decision a month from now, but not a week from
now.
Councilmember Miller added he would like more data on how this will work and also more data
on a moratorium.
Mayor Spano asked staff to bring back information on a moratorium to the meeting next week,
so council can review and vote.
4. 2019 city council workshop
Ms. Deno noted the workshop will take place Thursday, January 10, and Friday, January 11,
2019, and the facilitator will be Kay Adams, who has a strong background in organizational
development and change management. She added the two-day workshop will focus on
continuing to build a high performing council, developing the tools and skills necessary to
ensure quality and inclusive core service delivery, while also successfully advancing the
strategic priorities of the council.
Ms. Sojourner added they will work on intercultural conflict style inventory and add tools on
communication, especially in times of conflict, in order to be aware and navigate.
Ms. Deno added the workshop will take place at Hamline at the West End.
Councilmember Harris asked if there will be some stretching and movement included. Ms.
Sojourner answered yes, there will be breaks, and movement and breathing exercises offered.
Study session topic proposal
Councilmember Rog presented her proposal related to the Westwood Hills Nature Center
Access Fund, noting she would like the council to study this and consider it during an upcoming
study session.
Councilmember Harris asked how this topic fits into the council’s strategic priorities.
Councilmember Rog pointed out it addresses: equity, access, connections to nature, education
about climate action, inclusion, and partnerships with the school district.
City council meeting of January 22, 2019 (Item No. 3c) Page 9
Title: Study session minutes of December 10, 2018
The council decided this topic will be discussed within the next 6 months, or possibly at the
joint meeting with the school board in April 2019.
5. 2018 National League of Cities (NLC) summit debrief
Councilmember Harris noted she took a city tour to a historic bridge, and learned how the
bridge was reconstructed to withstand earthquakes. They also toured the arts district. She
added there was much sponsor presence at the summit, which was not positive. She stated
many of the things presented and being worked on have already been done or are being done
in St. Louis Park, which pointed to how progressive the city is.
Councilmember Mavity agreed with the assessment of sponsors, and noted every session
pointed out the mayor of Los Angeles will be running for president in 2020, which she did not
find appropriate. She stated she went on an excursion on a motorized scooter, which changed
her thinking of them, and learned more about transit and transportation and shared mobility.
Councilmember Mavity also attended a session about how marijuana is bought and sold, and
the whole system of delivery.
Councilmember Harris added she attended the Red Lining exhibit, where St. Louis Park is
featured.
Councilmember Rog loved the event, noting it was the first one she had attended. She stated
the session featuring the Urban Land Institute was helpful, as was the 2020 census session and
the Red Lining exhibit. She added the “PoleCo” vendor was promising, and ways to engage
through cell phone technology exhibit helpful, as was the session on community wealth
building. She stated she learned there is an opportunity for partnerships and leveraging
relationships that need to be explored in the city.
Mayor Spano stated the NLC has asked him to coach their race equity and learning initiative,
with two African American women mayors, and he is excited to begin work on this. He pointed
out also that a lot of credit goes to staff and the council in gaining the recognition that St. Louis
Park receives on this work, and added the city continues to be a leader nationally in race equity
work.
The meeting was adjourned at 9:00 p.m.
Written Reports provided and documented for recording purposes only:
6. Affordable housing programs
7. TwinWest Business Retention and Expansion Program Partnership
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4a
Executive summary
Title: Ordinance regarding parking standards related to electric vehicle supply equipment
Recommended action: Motion to approve second reading and adopt Ordinance adding electric
vehicle supply equipment requirements to new and reconstructed parking structures and
approve the Summary Ordinance for publication.
Policy consideration: Does the proposed zoning ordinance amendment support the goals of the
city and the Climate Action Plan?
Summary: The proposed zoning ordinance amends the parking regulations to require electric
vehicle supply equipment (EVSE) when parking lots and parking structures are proposed to be
built or reconstructed. The intent is to facilitate and encourage the use of electric vehicles and
to expedite the establishment of convenient, cost-effective electric vehicle infrastructure. This
ordinance would apply to any new construction or reconstruction of parking lots, ramps, and
structures of 15 spaces or more.
Planning commission held a public hearing on the zoning amendment on December 19, 2018, at
which time no one testified. The commission voted 6 to 0 to recommend approval of the
amendment.
City council discussed the draft building readiness ordinance, including the proposed EVSE
requirements, at a study session on June 25, 2018. Council held a first reading of the Ordinance
on January 7, 2019 and voted 6 to 0 to approve the addition of EVSE requirements to the zoning
ordinance. The council also voted 6 to 0 to table recommended revisions to outdoor parking
lighting requirements. Staff will present additional information on these revisions at a future
study session.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Ordinance
Summary for publication
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4a) Page 2
Title: Ordinance regarding parking standards related to electric vehicle supply equipment
Ordinance No. ___-19
Ordinance regarding parking standards including
electric vehicle supply equipment
The City of St. Louis Park does ordain:
Section 1. Chapter 36 of the St. Louis Park City Code is hereby amended by adding
underscored language. Section breaks are represented by ***.
Section 36-142. Descriptions
***
(d) Commercial uses
***
(20)Motor fuel station means a facility which supplies and dispenses at retail motor fuels,
including electrical charging, directly into a motor vehicle; it also includes the sale of lubricants,
batteries, tires and motor vehicle accessories. Motor fuels may be self-serve or dispensed by an
attendant. Light maintenance activities to vehicles including engine tune-ups, lubrication,
repairs, and carburetor cleaning may also be conducted. Motor fuel stations may also include
facilities for the retail electric charging of vehicles. Characteristics include outdoor activity, high
traffic generation and extended hours of operation. This use excludes heavy automobile repair
including, but not limited to, engine overhauls, automobile painting, and bodywork.
***
Section 36-193. C-1 neighborhood commercial district
***
(d) Uses permitted by conditional use permit. No structure or land in a C-1 district shall be
used for the following uses except by conditional use permit.
(1)Motor fuel station. The conditions are as follows:
***
k. Refer to Section 36-361 (e)(3)c for electric vehicle supply equipment (EVSE) requirements.
***
Section 36-194. C-2 general commercial district.
***
(d) Uses permitted by conditional use permit. No structure or land in a C-2 district shall be
used for the following uses except by conditional use permit.
(1)Motor fuel station. The conditions are as follows:
***
h. Refer to Section 36-361 (e)(3)c for electric vehicle supply equipment (EVSE) requirements.
***
Section 36-223. O office district.
***
(d) Uses permitted by conditional use permit. No structure or land in an O district shall be used
for the following uses except by conditional use permit. These uses shall comply with the office
restrictions and performance standards of section 36-222 and all those general conditions
provided in section 36-33 regarding conditional use permits, and with the specific conditions
imposed in this subsection.
(1)Motor fuel station. The conditions are as follows:
City council meeting of January 22, 2019 (Item No. 4a) Page 3
Title: Ordinance regarding parking standards related to electric vehicle supply equipment
***
g. Refer to Section 36-361 (e)(3)c for electric vehicle supply equipment (EVSE) requirements.
***
Section 36-244. I-G general industrial district.
***
(e) Accessory uses. The following uses shall be permitted within any I-G district:
(9) Motor fuel station. Subject to the following conditions:
***
g. Refer to Section 36-361 (e)(3)c for electric vehicle supply equipment (EVSE) requirements.
Section 36-361. Off-street parking areas, paved areas, and loading spaces.
***
(e)Electric Vehicle Supply Equipment. The intent of this section is to facilitate and encourage
the use of electric vehicles, to expedite the establishment of a convenient, cost-effective
electric vehicle infrastructure, and establish minimum requirements for such infrastructure
to serve both short and long term parking needs.
(1)Definitions.
a.Accessible electric vehicle charging station means an electric vehicle charging
station where the battery charging station is located within accessible reach of a
barrier-free access aisle and the electric vehicle.
b.Battery charging station means an electrical component, assembly or cluster of
component assemblies designed specifically to charge batteries within electric
vehicles.
c.Battery electric vehicle means any vehicle that operates exclusively on electrical
energy from an off-board source that is stored in the vehicle’s batteries, and
produces zero tailpipe emissions or pollution when stationary or operating.
d.Charging levels means the standardized indicators of electrical force, or voltage, at
which an electric vehicle’s battery is recharged. The terms 1, 2, and DC are the most
common charging levels, and include the following specifications:
1.Level 1 is considered slow charging with 120v outlets.
2.Level 2 is considered medium charging with 240v outlets, charging head and cord
hard-wired to the circuit.
3.DC is considered fast or rapid charging. Voltage is greater than 240.
e.Electric vehicle means a vehicle that operates, either partially or exclusively, on
electrical energy from the electrical grid, or an off grid source, that is stored on
board for motive purposes. “Electric vehicle” includes:
1.Battery electric vehicle.
2.Plug-in hybrid electric vehicle.
f.Electric vehicle charging stations (EVCS) means a public or private parking space that
is served by battery charging station equipment that has as its primary purpose the
transfer of electric energy (by conductive or inductive means) to a battery or other
energy storage device in an electric vehicle.
g.Electric vehicle charging station – private restricted use means an electric vehicle
charging station that is:
1.Privately owned and restricted access (e.g., single-family home, executive parking,
designated employee parking, assigned parking at multi-family residential buildings); or
2.Publicly owned and restricted (e.g., fleet parking with no access to the general
public).
City council meeting of January 22, 2019 (Item No. 4a) Page 4
Title: Ordinance regarding parking standards related to electric vehicle supply equipment
h.Electric vehicle charging station – public use means an electric vehicle charging
station that is:
1.Publicly owned and publicly available (e.g., Park & Ride parking, public library
parking lot, on-street parking); or
2.Privately owned and available to visitors of the use (e.g., shopping center
parking).
i.Electric vehicle supply equipment (EVSE) means any equipment or electrical
component used in charging electric vehicles at a specific location. EVSE does not
include equipment located on the electric vehicles themselves.
j.Electric vehicle infrastructure means conduit/wiring, structures, machinery, and
equipment necessary and integral to support an electric vehicle, including battery
charging stations and rapid charging stations.
k.Electric vehicle parking space means any marked parking space that identifies the
use to be exclusively for the parking of an electric vehicle.
l.’Electrical capacity’ shall mean, at minimum:
1.Panel capacity to accommodate a dedicated branch circuit and service capacity
to install a 208/240V outlet per charger;
2.Conduit from an electric panel to future EVCS location(s).
m. Plug-in hybrid electric vehicle means an electric vehicle that:
1.Contains an internal combustion engine and also allows power to be delivered to
drive wheels by an electric motor;
2.Charges its battery primarily by connecting to the grid or other off-board
electrical source;
3.May additionally be able to sustain battery charge using an on-board internal-
combustion-driven generator; and
4.Has the ability to travel powered by electricity.
(2)Number of Required Electric Vehicle Charging Stations.
a.All new or reconstructed parking structures or lots with 14 or fewer parking spaces
shall be allowed, but not required, to install EVSE.
b.All new or reconstructed parking structures or lots with at least 15 but no more than
49 spaces, or expanded parking structures or lots that result in a parking lot with 15
to 49 parking spaces, shall install EVSE as required below.
1.Multiple-family residential land uses shall have 5% of required parking as Level 1
stations for resident parking. At least one handicapped accessible parking space
shall have access to an EVCS.
2. Non-residential land uses with parking spaces available for use by the general
public shall have one Level 2 station. At least one handicapped accessible parking
space shall have access to an EVCS.
c.All new or reconstructed parking structures or lots with at least 50 parking spaces, or
expanded parking structures or lots that result in a parking lot with 50 or more
parking spaces, shall install EVSE as required below.
1.Multiple-family residential land uses shall have 10% of required parking as Level
1 stations for resident parking, and one Level 2 station for guest parking. At least
one handicapped accessible parking space shall have access to an EVCS.
2. Non-residential land uses with parking spaces available for use by the general
public shall have at least 1% of required parking as Level 2 stations with a
minimum of two spaces served by Level 2 charging, with at least one station
City council meeting of January 22, 2019 (Item No. 4a) Page 5
Title: Ordinance regarding parking standards related to electric vehicle supply equipment
adjacent to an accessible parking space. In non-residential zoned districts, DC
charging stations may be installed to satisfy the EVCS requirements described
above on a one-for-one basis.
d.Notwithstanding the requirements of subsections a above, all new or reconstructed
motor fuel stations as defined in Section 36-142(d)(20) shall be required to install at
least one additional Level 2 charging station. A DC charging station may be installed
to meet this requirement.
e.In addition to the number of required EVCSs, the following accommodations shall be
required for the anticipated future growth in market demand for electric vehicles:
1.Multiple-Family Residential Land Uses: all new, expanded and reconstructed
parking areas shall provide the electrical capacity necessary to accommodate the
future hardwire installation of Level 2 EVCSs for a minimum of 10% of required
parking spaces.
2. Non-Residential Land Uses: all new, expanded and reconstructed parking areas
shall provide the electrical capacity necessary to accommodate the future
hardwire installation of Level 2 or DC EVCSs for a minimum of 10% of required
parking spaces.
f.These requirements may be revised upward or downward by the City Council as part
of an application for a conditional use permit or planned unit development based on
verifiable information pertaining to parking.
(3)Reductions to EVSE requirements. When the cost of installing EVSE required by this
Chapter would exceed five percent of the total project cost, the property owner or
applicant may request a reduction in the EVSE requirements and submit cost estimates
for city consideration. When City Council approval of the project is not required, the
Zoning Administrator may administratively approve a reduction the required amount of
EVSE in order to limit the EVSE installation costs to not more than five percent of the
total project cost.
(4)Permitted Locations.
a.Level 1 and Level 2 EVCSs are permitted in every zoning district, when accessory to
the primary permitted use. Such stations located at single-family, two-family, and
multiple-family shall be designated as private restricted use only.
b.DC EVCSs are permitted in the non-residential districts, when accessory to the
primary permitted use.
c.If the primary use of the parcel is the retail electric charging of vehicles, then the use
shall be considered a motor fuel station for zoning purposes. Installation shall be
located in zoning districts which permit motor fuel stations.
(5)General Requirements for Single-Family Residential Zoning Districts.
a.EVSE shall be located in a garage, or on the exterior wall of the home or garage
adjacent to a parking space.
b.EVSE shall comply with all relevant design criteria as outlined in section (5)d, unless
specifically exempted.
(6)General Requirements for Multi-Family Residential and Non-Residential Development
Parking.
a.Accessible Spaces. A charging station will be considered accessible if it is located
adjacent to, and can serve, an accessible parking space as defined and required by
the ADA It is not necessary to designate the EVSE exclusively for the use of vehicles
parked in the accessible space.
City council meeting of January 22, 2019 (Item No. 4a) Page 6
Title: Ordinance regarding parking standards related to electric vehicle supply equipment
b.EVSE – public use shall be subject to the following requirements:
1.The EVCSs shall be located in a manner that will be easily seen by the public for
informational and security purposes.
2.The EVCSs shall be located in desirable and convenient parking locations that will
serve as an incentive for the use of electric vehicles.
3.The EVCS must be operational during the normal business hours of the use(s)
that it serves. EVCS may be de-energized or otherwise restricted after normal
business hours of the use(s) it serves.
c.Lighting. Site lighting shall be provided where EVSE is installed, unless charging is for
daytime purposes only.
d.Equipment Design Standards.
1.Battery charging station outlets and connector devices shall be mounted to
comply with state code, and must comply with all relevant Americans with
Disabilities Act (ADA) requirements. Equipment mounted on pedestals, lighting
posts, bollards, or other devices shall be designed and located as to not impede
pedestrian travel or create trip hazards on sidewalks.
2.Electric vehicle charging devices may be located adjacent to designated parking
spaces in a garage or parking lot as long as the devices do not encroach into the
required dimensions of the parking space (length, width, and height clearances).
3.The design should be appropriate to the location and use. Facilities should be able
to be readily identified by electric vehicle users and blend into the surrounding
landscape/architecture for compatibility with the character and use of the site.
4.EVCS pedestals shall be designed to minimize potential damage by accidents,
vandalism and to be safe for use in inclement weather.
e Usage Fees. The property owner may collect a service fee for the use of EVSE.
f.Maintenance. EVSE shall be maintained in all respects, including the functioning of
the equipment. A phone number or other contact information shall be provided on
the equipment for reporting problems with the equipment or access to it.
Section 2. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
First Reading January 7, 2019
Second Reading January 22, 2019
Date of Publication January 31, 2019
Date Ordinance takes effect February 16, 2019
City council meeting of January 22, 2019 (Item No. 4a) Page 7
Title: Ordinance regarding parking standards related to electric vehicle supply equipment
Summary for publication
Ordinance No. ____-19
An ordinance relating to electric vehicle supply equipment and outdoor lighting
This ordinance amends Sections 36-142, 36-193, 36-194, 36-223, 36-244, and 36-361 requiring
electric vehicle supply equipment when new developments and parking structure
reconstructions are proposed.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council January 22, 2019
Jake Spano /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: January 31, 2019
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4b
Executive summary
Title: Luxe Residential preliminary and final planned unit development
Recommended action:
• Motion to approve second reading and adopt Ordinance adding Section 36-268 PUD 14 to
the zoning code and amending the zoning map from O - Office to PUD 14 for the property
located at 5235 Wayzata Boulevard, and approve the Summary Ordinance for publication.
• Motion to adopt Resolution rescinding Resolution No. 93-101.
• Motion to adopt Resolution amending Resolution No. 13-151.
Policy consideration: Does city council support the proposed redevelopment of the subject
property?
Summary: Luxe Residential requests preliminary and final planned unit development (PUD)
approval for the redevelopment of 5235 Wayzata Boulevard. The applicant proposes to
demolish the existing one story restaurant and construct a six-story, 339,497-square-foot
apartment building with 207 dwelling units and two levels of underground structured parking.
The apartment will include a mix of 51 studio, 78 one-, 66 two- and 12 three-bedroom units.
Eight of these units will be affordable at 60% average median income (AMI). The proposal
includes outdoor amenity space for residents and a new pocket park on the south portion of
the site next to 16th Street West.
Previous Approvals: Because the project site both pre-dated and was included in the overall
West End redevelopment project, several previous resolutions and agreements exist on the site.
The recommended actions noted above include rescinding and amending previous resolutions.
Planning commission held a public hearing on the project on December 19, 2018. Residents and
commissioners discussed guest parking and building shadowing. The commission voted 6 to 0
to recommend approval of preliminary and final planned unit development.
City council held a first reading of an Ordinance on January 7, 2019, and voted 6 to 0 to approve
PUD 14.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Ordinance
Summary for publication
Resolution rescinding resolution no. 93-101
Resolution amending resolution no. 13-151
Development plans
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4b) Page 2
Title: Luxe Residential preliminary and final planned unit development
Ordinance No. ___-19
Ordinance amending the St. Louis Park city code relating to zoning by creating
section 36-268-pud 14 as a planned unit development zoning district for the
property located at 5235 Wayzata Boulevard
The City of St. Louis Park does ordain:
Section 1. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 18-68-PUD) for amending the Zoning Ordinance Section 36-268-
PUD 14.
Section 2. The Comprehensive Plan designates the following described lands as Office.
Lot 2, Block 1, The Shops at West End, Hennepin County, Minnesota
Section 3. The St. Louis Park Ordinance Code, Section 36-268 is hereby amended to add
the following Planned Unit Development Zoning District:
Section 36-268-PUD 14.
(a) Development Plan
The site located at Lot 2, Block 1, The Shops at West End, Hennepin County, Minnesota,
shall be developed, used and maintained in conformance with the following Final PUD
signed Official Exhibits:
1) Exhibit A: Survey
2) Exhibit B: T1.1 Title Sheet
3) Exhibit C: A3.1 Exterior Elevations
4) Exhibit D: A3.2 Exterior Elevations
5) Exhibit E: AP0.01 Area Plan – P1
6) Exhibit F: AP0.02 Area Plan – P2
7) Exhibit G: AP.1 Area Plan – Level 1
8) Exhibit H: AP.2 Area Plan – Level 2-5 Typical
9) Exhibit I: AP.6 Area Plan – Level 6
10) Exhibit J: C0.0 Cover Sheet
11) Exhibit K: C1.0 General Notes
12) Exhibit L: C2.0 Existing Conditions & Removal Plan
13) Exhibit M: C3.0 Erosion & Sediment Control Plan – Phase 1
14) Exhibit N: C3.1 Erosion & Sediment Control Plan – Phase 2
15) Exhibit O: C4.0 Site Plan
16) Exhibit P: C5.0 Grading & Drainage Plan
17) Exhibit Q: C6.0 Utility Plan
18) Exhibit R: L1.0 Landscape Plan
19) Exhibit S: L1.1 Detail Landscape Plans
20) Exhibit T: L1.2 Amenity Deck Landscape Plan
21) Exhibit U: L1.4 Tree Preservation Plan
22) Exhibit V: L1.5 Lighting Plan
City council meeting of January 22, 2019 (Item No. 4b) Page 3
Title: Luxe Residential preliminary and final planned unit development
The site shall also conform to the following requirements:
1) The property shall be developed with 207 dwelling units.
2) At least 315 off-street parking spaces shall be provided.
3) The maximum building height shall not exceed 73.2 feet and six stories.
4) The development site shall include a minimum of 46 percent designed outdoor
recreation area based on private developable land area.
(b) Permitted Uses
The following uses are permitted on Lot 2, Block 1, The Shops at West End, Hennepin
County, Minnesota:
(1) Multiple-family dwellings, and uses associated with the multiple-family dwellings,
including, but not limited to, the residential management office, fitness facility,
mail room, assembly rooms and general amenity space.
(c) Accessory Uses
Accessory uses are as follows:
(1) Home occupations are permitted with the condition that they comply with all of
the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-
way.
c. The activity does not involve warehousing, distribution or retail sales of
merchandise produced off the site.
d. No person is employed at the residence who does not legally reside in the
home except that a licensed group family day care facility may have one
outside employee.
e. No light or vibration originating from the business operation is discernible at
the property line.
f. Only equipment, machinery and materials which are normally found in the
home are used in the conduct of the home occupation.
g. No more than one non-illuminated wall sign limited to two square feet in area
is used to identify the home occupation.
h. Space within the dwelling devoted to the home occupation does not exceed
one room or ten percent of the floor area, whichever is greater.
i. No portion of the home occupation is permitted within any attached or
detached accessory building.
j. The structure housing the home occupation conforms to the building code; and
in the case where the home occupation is day care or if there are any
customers or students, the home occupation has received a certificate of
occupancy.
(2) Gardens.
(3) Parking lots.
(4) Public transit stops/shelters.
(5) Outdoor seating, public address (PA) systems are prohibited.
(6) Outdoor uses and outdoor storage are prohibited.
City council meeting of January 22, 2019 (Item No. 4b) Page 4
Title: Luxe Residential preliminary and final planned unit development
(d) Special Performance Standards
(1) All general zoning requirements not specifically addressed in this ordinance shall
be met, including but not limited to: outdoor lighting, architectural design,
landscaping, parking and screening requirements.
(2) All trash, garbage, waste materials, trash containers, and recycling containers
shall be kept in the manner required by this Code. All trash handling and loading
areas shall be screened from view within a waste enclosure. Trash enclosures
shall be constructed from the same materials as the principal building.
(3) Signage shall be allowed in conformance with the requirements found in the O -
Office zoning district.
Section 4. The contents of Planning Case File 18-68-PUD are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Section 5. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration:
Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
First Reading January 7, 2019
Second Reading January 22, 2019
Date of Publication January 31, 2019
Date Ordinance takes effect February 16, 2019
City council meeting of January 22, 2019 (Item No. 4b) Page 5
Title: Luxe Residential preliminary and final planned unit development
Summary for publication
Ordinance No.____-19
An ordinance creating a new
Planned unit development zoning district
5235 Wayzata Boulevard
This ordinance states that the Zoning Map shall be amended for the properties at 5235
Wayzata Boulevard from O General Commercial to PUD 14; and the Zoning Code Section 36-268
will be amended to add Section 36-268-PUD 14.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council January 22, 2019
Jake Spano /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: January 31, 2019
City council meeting of January 22, 2019 (Item No. 4b) Page 6
Title: Luxe Residential preliminary and final planned unit development
Resolution No. 19-____
Resolution rescinding Resolution No. 93-101 relating to a
conditional use permit for 5235 Wayzata Boulevard
Whereas, the City has received an application for a planned unit development (PUD) at
5235 Wayzata Boulevard legally described as follows, to wit:
Lot 2, Block 1, The Shops at West End, Hennepin County, Minnesota
Whereas, a conditional use permit was issued regarding the subject property pursuant to
Resolution No. 93-101 of the St. Louis Park City Council dated July 19, 1993 which contained
conditions applicable to said property.
Whereas, the use for which Resolution No. 93-101 was adopted will cease operation upon
the completion of construction related to redevelopment of the site under the planned unit
development.
Whereas, it is the intent of this resolution is to rescind Resolution No. 93-101
Now therefore be it resolved that Resolution No. 93-101 is hereby rescinded.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of January 22, 2019 (Item No. 4b) Page 7
Title: Luxe Residential preliminary and final planned unit development
Resolution No. 19-____
Resolution amending and restating Resolution Nos. 08-057, 08-128,
09-040, 09-064, 10-093, 11-016, 13-123, and 13-151
Resolution amending and restating Resolution Nos. 08-057, 08-128,
09-040, 09-064, 10-093, 11-016, 13-123, and 13-151 relating to a final
planned unit development for the West End Redevelopment Project
located at the southwest quadrant of Interstate 394 and Highway 100
The West End Redevelopment Project
Whereas, the City has received an application for a preliminary and final planned unit
development (PUD) at 5235 Wayzata Boulevard legally described as follows, to wit:
Lot 2, Block 1, The Shops at West End, Hennepin County, Minnesota
Whereas, a Final PUD was approved regarding the subject property legally described as
the Shops at West End as Resolution No. 08-057 of the St. Louis Park City Council dated April 28,
2008 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 08-128 of the St. Louis Park City Council dated October 6,
2008 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 09-040 of the St. Louis Park City Council dated March 2,
2009 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 09-064 of the St. Louis Park City Council dated May 4, 2009
which contained conditions applicable to said property.
Whereas, a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 10-093 of the St. Louis Park City Council dated September
7, 2010 which contained conditions applicable to said property.
Whereas, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 11-016 of the St. Louis Park City Council dated January 18,
2011 which contained conditions applicable to said property.
Whereas, a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-123 of the St. Louis Park City Council dated August 19,
2013, which contained conditions applicable to said property.
Whereas, a Major Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution 13-151 of the St. Louis Park City Council dated October 7,
2013, which contained conditions applicable to said property.
City council meeting of January 22, 2019 (Item No. 4b) Page 8
Title: Luxe Residential preliminary and final planned unit development
Whereas, it is the intent of this resolution to continue and restate the conditions of the
Final PUD granted by Resolution Nos. 08-057, 08-128, 09-040, 09-064, 10-093, 11-016, 13-123,
and 13-151, to amend and consolidate all conditions applicable to the subject property in this
resolution.
Now therefore be it resolved that Resolution Nos. 08-057, 08-128, 09-040, 09-064, 10-
093, 11-016, 13-123, and 13-151 are hereby restated and amended by this resolution which
continues and amends a Final Planned Unit Development to the subject property at the location
described above based on the following conditions:
1. The uses on the subject property are limited to retail, service, restaurants, hotel,
theater, and office. The following uses are not allowed: in-vehicle sales and service
(drive-through); motor fuel stations; motor vehicle sales, service and repair; car washes;
currency exchanges; check cashing; pay loan agencies; pawnshops; sexually-oriented
businesses, tattoo shops; gun shops (not excluding a sporting goods store that sells, as
part of its sporting goods inventory, guns and ammunition).
2. The final site plan and façade design of the large retail building on Lot 4, Block 1, THE
SHOPS AT WEST END (proposed grocery store) shall require a PUD Minor Amendment
with review by the Planning Commission.
3. The hotel site plans for Lot 3, Block 1, THE SHOPS AT WEST END shall require a PUD
Major Amendment if any variances are requested. If the plan does not require a
variance, the application may be processed as a PUD Minor Amendment and include
review and recommendation of the Planning Commission.
4. The total gross floor area of restaurants shall be limited to 90,820 square feet on the
combination of Lot 4, Block 1 and Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin
County, Minnesota.
5. The total number of seats in the movie theater shall be limited to 2,700 seats.
6. Tenants in Building 32 shall be limited to Mercantile (Group M) uses as defined in the
2007 Minnesota State Building Code.
7. The portion of the five-level retail parking structure (Building 35) that is within 20 feet of
the Gamble Drive right-of-way shall have a minimum of 60% Class I exterior materials.
The Developer shall amend the Official Exhibits to comply with this requirement.
8. The Community Development Director and Zoning Administrator or their designee(s)
may approve individual tenant/building façade designs administratively or refer
proposals to the Planning Commission and City Council for consideration, as City staff
deems necessary.
9. The sign plan is subject to Community Development Director and Zoning Administrator
review and approval. Sign permits are required.
10. Access to the truck courts on the west retail block from Park Place Boulevard shall be
limited to between 8 p.m. and 10 a.m.
City council meeting of January 22, 2019 (Item No. 4b) Page 9
Title: Luxe Residential preliminary and final planned unit development
11. The access will be controlled from Park Place Boulevard to the truck courts on the west
retail block using a mechanical bollard system and directional signs in the Park Place
Boulevard right-of-way. The Developer shall enter into a Planning Development
Contract with the City of St. Louis Park that addresses this private use of public land.
12. The Developer shall maintain horizontal separation from landscaping (i.e. boulevard
trees) of at least three feet from shallow underground utilities (i.e. fiber optic cable,
private utilities, etc.), and eight feet horizontal separation from deeper underground
utilities (i.e. water, sanitary sewer, etc.).
13. Tree plantings and street furnishings shall be located in a manner that maintains at least
six feet wide clearance space in all boulevard/sidewalk areas for snow removal.
14. The Developer shall amend the Official Exhibits (The Shops at West End Design
Guidelines) to incorporate the following:
a. At pedestrian level, facades on Buildings 12, 22, 23, 24, 31, 32 and 33 shall
be primarily transparent:
1. At least 60% of facades between 3 feet and 7 feet above the first
floor elevation shall consist of pedestrian entrances, display windows
or windows affording views into retail, offices, gallery or lobby space.
The West End Tenant Design Guidelines shall illustrate the portions of the
above referenced buildings subject to this requirement.
2. Visibility into the space shall be maintained for a minimum of three feet,
but display of merchandise in this space is allowed. Display windows may
be used to meet the transparency requirement.
b. At pedestrian level (between 3 feet and 7 feet above the first floor elevation),
building facades facing public streets, West End Boulevard, or the pedestrian
arcade shall have no more than 10% of the total window area be glass block,
mirrored, spandrel, frosted or other opaque glass.
c. No more than 10% of the total window area of any building façade shall have
signs applied to the inside or outside surface of the window. The remaining 90%
of window and door area shall be clear or slightly tinted glass that allows views
into and out of the building.
d. Tenants in Buildings 12, 22, 24, 31, and 33 that are located adjacent to
public and/or private street intersections shall locate entrances at or near
the adjacent building corner.
e. Awnings and canopies shall be made of heavy canvas, fabric, metal and/or glass.
Plastic and vinyl awnings are prohibited. Backlit awnings and canopies are
prohibited.
15. A business may use the sidewalk within five feet of its building wall for the following
purposes, provided the business maintains a clear walkway that is at least eight feet
City council meeting of January 22, 2019 (Item No. 4b) Page 10
Title: Luxe Residential preliminary and final planned unit development
wide along Park Place Boulevard and at least six feet wide along other streets, and
provided the uses do not occur in the public right-of-way unless the City approves an
encroachment agreement in accordance with the City’s Temporary Private Use of Public
Land Policy:
a. Display of merchandise, not to exceed 100 square feet per business;
b. Benches, planters, ornaments, art;
c. Signs permitted in the zoning ordinance; and
d. Outdoor dining. Outdoor dining areas may extend farther than five-feet from
the building wall, provided tables and chairs or other structures maintain the
required horizontal clearance for a walkway between the dining area and other
obstructions, such as trees, poles, and curbs.
16. The Developer shall provide easements and $285,000 for public art to help satisfy the
alternative landscaping requirements. The City and the Developer will develop a public
process to select the artists, artworks and locations.
17. The Developer shall amend Official Exhibits (utility plans) to provide separate domestic
and fire water service lines to the buildings.
18. The developer shall work with the Police Department on the design and construction of
the police substation area in Building 31. In particular, the plan shall provide windows
and doorway on the northeast building elevation along the alley.
19. The developer shall redesign the public restroom entrances in the Building 31 atrium to
have open entrances (no exterior doors to the atrium), similar to typical stadium/movie
theater restroom entrances, as requested by the Police Department.
20. At City of St. Louis Park’s sole discretion, and upon conferring with the property owner,
the property owner shall change the designation of West End Boulevard on-street
parking stalls from short-term customer parking to “pick-up/drop-off only” (or similar
restriction).
21. The applicant shall be responsible to obtain all permits from the City and other agencies.
22. The property owner(s) shall be responsible for obtaining a City license for all parking
structures.
23. Tenants shall be responsible for obtaining all City licenses (i.e. grocery store, hotel, etc.).
24. The property owner shall prepare and effectuate traffic management plans that reduce
traffic congestion. The property owner submitted a plan for review and approval of the
by the St. Louis Park and Golden Valley I-394 Joint Task Force. The property owner shall
implement The Traffic Management Plan (TMP) approved by the Travel Demand
Management Joint Task Force prior to City issuance of a certificate of occupancy.
City council meeting of January 22, 2019 (Item No. 4b) Page 11
Title: Luxe Residential preliminary and final planned unit development
25. The City and Developer shall set up a monitoring program to determine actual sanitary
sewer flows. Following each phase of the development, sewer flows will be analyzed to
determine if sewer flows exceed Metropolitan Council limits described in the
Metropolitan Council’s letter to the City of St. Louis Park dated December 14, 2006. If
sanitary sewer flows exceed said limits, the Developer shall submit a final design of a
privately owned, privately maintained, temporary sanitary sewer peak flow detention
facilities for Metropolitan Council Environmental Services (MCES) and City of St. Louis
Park approval. The Developer shall construct the said approved system and put it into
operation in the timeframe designated by MCES and City of St. Louis Park, and prior to
City issuance of building permits for additional phases.
26. The Developer shall abide by the City’s water use restrictions and follow State of
Minnesota requirements for low-flow structures. After each phase of the
redevelopment, water usage shall be monitored. If monitoring shows use exceeds 90%
of peak capacity, the Developer shall cooperate with the City to identify citywide and
project-specific measures to increase water treatment capacity and reduce consumption
prior to City issuance of building permits.
27. The north office tower and operations center at 1551 Utica Avenue (Lot 1, Block 2, THE
SHOPS AT WEST END) shall be developed, used and maintained in accordance with the
Official Exhibits from Zoning Application 86-14-SP and 07-61-PUD. If there is any conflict
between the Official Exhibits, 07-61-PUD shall supersede. The following 86-14-SP Official
Exhibits are incorporated by reference herein: Exhibit A – Site Plan and Lighting Plan;
Exhibit B – Grading Plan; Exhibit C – Utilities Plan; Exhibit D – Landscape Plan; Exhibit E –
Building Elevations; Exhibit F – Basement Floor Level Plan; Exhibit G – Ground Floor Plan;
Exhibit H – Second Floor Plan; and Exhibit I – Typical Floor Plan, as modified by City
Development on March 13, 1986. (The floor plans are included to show general use and
configurations only.)
28. The following conditions shall apply to the south office tower at 1600 Utica Avenue (Lot
1, Block 2, THE SHOPS AT WEST END):
a. The site shall be developed, used and maintained in accordance with the
Official Exhibits from Zoning Application 98-42-PUD and 07-61-PUD. If there is
any conflict between the Official Exhibits, 07-61-PUD shall supersede. The
following 98-42-PUD Official Exhibits are incorporated by reference herein:
Exhibit A – Site Plan, Exhibit B – Landscape Plan, Exhibit C – Existing Survey,
Exhibit D – Grading, Drainage and Erosion Control Plan, Exhibit E – Utility Plan,
Exhibit F – East Elevations, Exhibit G – North Elevation, Exhibit H – South
Elevation, Exhibit I – West Elevations, Exhibit J – West Elevation - Parking Ramp,
and Exhibit K – Parking Ramp elevation (south).
b. Parking ramp layouts and site plan shall provide designation of at least 20 bicycle
racks and at least 20 carpool spaces in convenient locations.
c. A covenant shall be recorded on the property which specifies that a
minimum of 4,000 square feet of the atrium shall remain in perpetuity as
indoor open space and available for general “public” use. Said interior atrium
City council meeting of January 22, 2019 (Item No. 4b) Page 12
Title: Luxe Residential preliminary and final planned unit development
space shall be designed in an aesthetically pleasing and usable way, with
landscaping, benches, and the like. A detailed atrium plan shall be submitted and
approved by the Community Development Director and the Zoning
Administrator.
d. The following modifications to ordinance requirements are re-authorized:
1. The floor area ratio for the PUD can be 1.57.
2. The setbacks on Gamble Drive for the parking ramp can be 17 feet.
3. Reduced office building setback along Gamble Drive of 96 feet.
3029. The Olive Garden restaurant site at 5235 Wayzata Boulevard (Lot 12, Block 1, THE
SHOPS AT WEST END) shall be developed, used and maintained in accordance with the
Official Exhibits from Zoning Applications 93-9-CUP, 93-34-CUP and 07-61-PUD. If there
is any conflict between the Official Exhibits, 07-61-PUD shall supersede. The following
93-9-CUP and 93-34-CUP Official Exhibits are incorporated by reference herein: Exhibit
A-1 – Site Plan, Exhibit B – Utility Plan, Exhibit C-1 – Landscape Plan, and Exhibit D –
Exterior Elevations.
29. 30. Prior to issuance of building permits, the following conditions shall be met:
a. A Planning Development Contract shall be executed between the Developer and
City that addresses, at a minimum:
1. Conditions of PUD approval as applicable or appropriate;
2. Public use of gathering spaces in the development;
3. Private use of public land
4. Maintenance agreement and/or special service district;
5. Surety in the form of an irrevocable letter of credit for Redeveloper
Public Improvements and landscaping; and
6. Administrative approval of modifications to the PUD plans.
The Mayor and City Manager are authorized to execute said Planning
Development Contract.
b. The Developer shall provide a surety to the City of St. Louis Park in the form of
an irrevocable letter of credit for 1.10 times the estimated Redeveloper
Public Improvements costs (as defined in the Redevelopment Agreement), and
1.25 times the estimated landscaping costs.
c. The property owner shall pay the applicable Traffic Management Administrative
Fee.
City council meeting of January 22, 2019 (Item No. 4b) Page 13
Title: Luxe Residential preliminary and final planned unit development
1. The portion of the shopping center subject to this fee is on Lot 2, Block 2,
THE SHOPS AT WEST END. The total fee of $34,633 shall be paid to the
City of St. Louis Park prior to City issuance of building permits.
2. Subsequent phases of the PUD (future hotel and office towers) shall pay
fifty percent of the fee upon submission of a Final PUD Amendment
application, and the remaining fifty percent of the fee upon submission of
a building permit application, for each respective development phase.
30. 31. The Planned Unit Development shall be amended on October 6, 2008 to incorporate all
of the preceding conditions and add the following conditions relating to Lot 4, Block 1,
THE SHOPS AT WEST END, Hennepin County, Minnesota:
a. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 08-32-PUD, including Exhibits C4B-Site Layout
Plan North, C8A-Utility Plan, C10B-Landscape Street Plan, A11101-Building 11
Overall Plan, A11111-Building 11 Level 1 Area 1, A111112-Building 11 Level 1
Area 2, A11401-Building 11 Exterior Elevations, such documents incorporated by
reference herein.
b. Overnight cart storage shall be inside the building.
c. The Developer shall continue to work with City staff through a public process to
select public art and the complete plaza design.
d. The Developer shall submit a site plan and programming plan for the plaza area
to the City for review and approval by the Zoning Administrator.
e. The building proposal includes graphic art panels in order to enhance the
appearance of the building and pedestrian environment. The Developer shall
submit plans for the graphics on the backlit translucent wall-mounted panels for
review and approval by the Zoning Administrator. The panels and/or graphics
shall be changed from time to time and at least biennially. The panel may
include any mosaic, mural, painting or graphic art or combination thereof which
is professionally applied to the panel that does not contain any brand name,
product name, letters of the alphabet spelling or abbreviating the name of any
product, company, profession or business, or any logo, trademark, trade name,
or other commercial message (defined as supergraphics in the City Sign Code
and exempt from the Sign Code provisions). The Developer shall allow use of the
panels for public art. Proposed public art shall be subject to review and approval
by the Developer and building tenant(s).
f. Assent Form and Official Exhibits must be signed by the applicant (or applicant
and owner if applicant is different from owner) prior to issuance of a building
permit.
g. The sign plan is subject to Community Development Director and Zoning
Administrator review and approval. Sign permits are required.
City council meeting of January 22, 2019 (Item No. 4b) Page 14
Title: Luxe Residential preliminary and final planned unit development
h. Approval of Building Permits, which may impose additional requirements.
i. A Planning Development Contract between the Developer and City shall be
amended to address, at a minimum:
1. Amended conditions of PUD approval as applicable or appropriate;
2. Public use of the plaza gathering space;
3. Temporary uses of the plaza; and
4. Administrative approval of modifications to the PUD plans.
31. 32. The Planned Unit Development shall be amended on May 4, 2009 to incorporate all of
the preceding conditions and add the following conditions relating to Lot 4, Block 1 and
Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota:
a. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 09-07-VAR and 09-08-PUD relating to the Shops
at West End Sign Plan, such documents incorporated by reference herein.
32. 33. The Planned Unit Development shall be amended on September 7, 2010 to incorporate
all of the preceding conditions and add the following conditions relating to Lot 3, Block
1, THE SHOPS AT WEST END, Hennepin County, Minnesota:
a. The PUD major amendment is approved for the development of a six-story, 120-
unit apartment building with structured parking to be developed at 5310 16th
Street W, with five off-site parking stalls and 3,136 square feet of the designed
outdoor recreation area provided off-site.
b. The following PUD modifications, in addition to modifications previously
authorized for the overall Shops at West End PUD:
1. Floor area ratio of 3.24.
2. Housing density of 112.6 units per acre.
c. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Applications 10-23-PUD and 10-25-VAR relating to a
shadow variance, including Exhibits A100 Site Plan (revised 01/10/2011), AB101
Lower Level Garage Plan (revised 01/10/2011), A101 First Floor Plan (revised
01/10/2011), A102 Second Floor Plan (revised 01/10/2011), A103 Floors 3-6
Typical Floor Plan (revised 01/10/2011), A400 Exterior Elevations (revised
01/10/2011), A401 Exterior Elevations (revised 01/10/2011), L100 Landscape
Plan (revised 01/10/2011), such documents incorporated by reference herein.
d. The five (5) proposed off-site parking stalls shall be protected by an irrevocable
covenant in a form approved by the City Attorney. A certified copy of the
recorded document shall be provided to the Zoning Administrator within 60 days
after approval.
City council meeting of January 22, 2019 (Item No. 4b) Page 15
Title: Luxe Residential preliminary and final planned unit development
e. Prior to starting any site work, the following conditions shall be met:
1. The owner/applicant shall sign an Assent Form and the Official Exhibits.
2. All necessary permits must be obtained.
3. A preconstruction meeting shall be held with the appropriate
development, construction and City representatives.
f. Prior to the issuance of a building permit, the following conditions shall be met:
1. Plans shall be reviewed by the City Engineer and Zoning Administrator
to ensure that all proposed utilities, public access points and
construction documents conform to the requirements of the City Code
of Ordinances and City policies.
2. The applicant shall pay park dedication and trail dedication fees.
3. To ensure construction of the landscaping and the cleaning of public
streets during construction, a financial guarantee shall be provided in
the amount of 125% of the cost of the landscaping materials. The
performance guarantee shall be in the form of cash escrow or letter of
credit. The financial guarantee will be refunded upon project
completion, however, a 25% will be retained for one year after
installation to ensure the plants have survived the warranty period.
4. The planned installation of any mechanical equipment shall include
means to ensure it is fully screened from off-site view.
5. The proposed off-site parking facilities and shared parking facilities shall
be protected by an irrevocable covenant in a form approved by the City
Attorney. The applicant shall submit a certified copy of the recorded
document to the Zoning Administrator.
g. The developer shall comply with the following conditions during construction:
1. All City noise ordinances shall be complied with, including that there be
no construction activity between the hours of 10 p.m. and 7 a.m.
2. The applicant shall pay park dedication and trail dedication fees.
3. The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
4. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
5. The City shall be contacted a minimum of 72 hours prior to any work in
a public street. Work in a public street shall take place only upon the
City council meeting of January 22, 2019 (Item No. 4b) Page 16
Title: Luxe Residential preliminary and final planned unit development
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
h. Prior to the issuance of any temporary or permanent occupancy permit the
following shall be completed:
1. Fire lanes shall be signed and striped in accordance with the signed
Official Exhibits.
2. Landscaping and irrigation shall be in accordance with the signed
Official Exhibits.
3. Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4. All mechanical equipment shall be installed and it shall be
demonstrated that all such equipment is fully screened from off-site
views. To protect the health, safety and welfare of the community, the
painting of mechanical equipment shall not be considered screening.
i. No outside storage is permitted. Incidental outside storage shall be removed
within 48 hours.
34.33. The Planned Unit Development shall be amended on January 18, 2011 to incorporate all
of the preceding conditions with amendments to conditions relating to Lot 3, Block 1,
THE SHOPS AT WEST END, Hennepin County, Minnesota.
35.34. The Planned Unit Development shall be amended on August 19, 2013, to incorporate all
of the preceding conditions with an amendment to condition #4 relating to the total
building area of restaurants allowed on the combination of Lot 4, Block 1 and Lot 2,
Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota.
a. Prior to issuance of building permits, the applicant and property owner shall sign
the Official Exhibits.
36.35. The Planned Unit Development shall be amended on October 7, 2013, to incorporate all
of the preceding conditions and add the following conditions relating Lot 1, Block 1, THE
SHOPS AT WEST END, Hennepin County, Minnesota.
a. The PUD major amendment is approved for the development of a six-story, 158-
unit multiple-family dwelling with structured parking at 5245 Wayzata
Boulevard.
b. PUD modifications are approved to allow:
1. Floor area ratio of 2.5.
2. Housing density of 99 units per acre.
3. Front (north) yard of 14.9 feet.
City council meeting of January 22, 2019 (Item No. 4b) Page 17
Title: Luxe Residential preliminary and final planned unit development
4. Side (west) yard of 29.2 feet
5. Side (east) yard of 11.3 feet.
c. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 13-31-PUD, such documents incorporated by
reference herein.
d. The developer shall comply with the conditions outlined in the City Engineering
memorandum dated September 13, 2013.
e. Agreement for public access across “New Street” shall be protected by an
irrevocable covenant in a form approved by the City Attorney.
f. A public sidewalk easement will be required over the proposed sidewalk along
Wayzata Boulevard.
g. Ingress/egress agreements across New Street and the “hammerhead”
maneuvering space between Lot 1 and Lot 3, Block 1, THE SHOPS AT WEST END,
shall be protected by an irrevocable covenant in a form approved by the City
Attorney.
h. The development specifications shall require installation and maintenance of a
high-speed overhead door to reduce the wait time for vehicles entering the
garage.
i. No outside storage is permitted. Incidental outside storage shall be removed
within 48 hours.
j. Prior to starting any site work, the following conditions shall be met:
1. The owner/applicant shall sign an Assent Form and the Official Exhibits.
2. The agreements required by conditions 36e. and 36g. shall be executed.
3. Developer shall enter into a development agreement with the City that
addresses the conditions of approval and performance guarantees for
public and exterior site improvements. The Mayor and City Manager are
authorized to execute said Planning Development Contract.
4. All necessary permits must be obtained.
5. A preconstruction meeting shall be held with the appropriate
development, construction and City representatives.
k. Prior to the issuance of a building permit, the following conditions shall be met:
1. Plans shall be reviewed by the City Engineer and Zoning Administrator to
ensure that all proposed utilities, public access points and construction
City council meeting of January 22, 2019 (Item No. 4b) Page 18
Title: Luxe Residential preliminary and final planned unit development
documents conform to the requirements of the City Code of Ordinances
and City policies.
2. Tree replacement fees shall be paid.
3. Park dedication and trail dedication fees shall be paid. Fees will be based
on the fee schedule at the time the building permits are issued and will
be pro-rated based on any previous fees paid based on the commercial
use of the property.
4. Developer shall enter into a development agreement with the City that
addressed the conditions of approval and performance guarantees for
public and exterior site improvements.
l. The developer shall comply with the following conditions during construction:
1. All City noise ordinances shall be complied with, including that there be
no construction activity between the hours of 10 p.m. and 7 a.m.
weekdays, and 10 p.m. and 9 a.m. on weekends and holidays.
2. The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
3. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
4. The City shall be contacted a minimum of 72 hours prior to any work in a
public street. Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
5. Pedestrian access along all public streets shall be maintained throughout
the duration of construction in accordance with ADA requirements. This
will include signing, striping, detour signing, and any other measures
needed to assure compliance and general public safety.
m. Prior to the issuance of any permanent occupancy permit the following shall be
completed:
1. Fire lanes shall be signed and striped as required by the Fire Marshal.
2. Landscaping and irrigation shall be in accordance with the signed Official
Exhibits.
3. Exterior building improvements shall be completed in accordance with
the signed Official Exhibits and approved materials and colors.
4. All mechanical equipment shall be installed and it shall be demonstrated
that all such equipment is fully screened from off-site views.
City council meeting of January 22, 2019 (Item No. 4b) Page 19
Title: Luxe Residential preliminary and final planned unit development
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
WEST END - WAYZATA BLVDLUXE RESIDENTIAL
5235 Wayzata Blvd.4
November 5, 2018
MASSING STUDY
City council meeting of January 22, 2019 (Item No. 4b)
Title: Luxe Residential preliminary and final planned unit development Page 20
UPUPWAYZATA BLVDW 16TH STREETUTICA AVE SPROPOSED BUILDING37,146 S.F.FFE: 884.17P2 FFE: 864.97INTERSTATE 394UTICA AVE S6.0'TYP6.0'11.7'8.5'8.7'22.0'16.6'6.0'
8.5'23.0'TYP5.0'6.0'7.6'
6.9'6.6'
1.9'6.0'6.0'13.3'
5.7'
3.3'
23.8'20.0'12'6.1'
10.0'
10.0'10.0'12'
5.0'R6.0R6.05.0'MILLENNIUM PHASE 1THE FLATS ATWEST ENDCENTRAL PARK WESTR20.0R10.0R5.0R10.0R10.0R10.0R10.09.2'23.0'TYP6.0'5.7'10.2'10.0'10.0'6.0'TYP5.0'5.4'R10.05' D&U EASEMENT5' D&U EASEMENT10' D&U EASEMENT10' D&U EASEMENT10' D&U EASEMENT10' D&U EASEMENT12' ACCESS EASEMENT12' ACCESS EASEMENTACCESS EASEMENT12'
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LANDING 11.8'MILLENNIUM PHASE 212'12' ACCESS EASEMENT12'
12'12' ACCESS EASEMENT12' ACCESS EASEMENT12' ACCESS EASEMENT18.1'5.0'GGGGGGGAAAAAAAAAAAAAABBBBBBBBBZHDEEEEECCIJCEJJJJKKKLLLMMMNOQRSCTTBPROPOSED AMENITY TERRACESEE ARCHITECTURAL PLANSPROPOSED AMENITY TERRACESEE ARCHITECTURAL PLANS1.8'6.4'AAAUVVVVVVVVWWDOG RUNXXXXYYKK0.6'R10.0R10.0R10.0R10.0BONOZAAAAAABBBBBB70.1'Know what'sbelow.before you dig.CallRGOPHER STATE CALL ONEI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THESTATE OF MINNESOTA.Typed or Printed NameORIGINAL ISSUE:REVISIONS48765160029000KJOLCP11/28/2018LUXE AT WEST END5235 WayzataBlvd5235 Wayzata Blvd, St. LouisPark, MN 55416PUD UPDATENo. Description DateSignatureLicense # DatePROJECT NUMBERDRAWN BY CHECKED BYKEY PLANNOT FORCONSTRUCTIONLUCAS C. PAYNEelness swenson graham architects500 washington avenue southminneapolis minnesota 55415p. 6 1 2 . 3 3 9 . 5 5 0 8f. 6 1 2 . 3 3 9 . 5 3 8 2w w w . e s g a r c h . c o mSITE PLAN NOTES1. ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONSAND CODES AND O.S.H.A. STANDARDS.2. CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACTLOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXITPORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDINGUTILITY ENTRANCE LOCATIONS.3. ALL INNER CURBED RADII ARE TO BE 5' AND OUTER CURBED RADII ARE TO BE 10'UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'.4. ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISENOTED.5. EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED,REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASEBID.6. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESSOTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES,STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALLWORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTSAND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALLCOST SHALL BE INCLUDED IN BASE BID.7. SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM ASURVEY BY SAMBATEK, DATED 10/12/2018.7.1. KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OROMISSIONS CONTAINED THEREIN.8. TOTAL LAND AREA IS 1.95 ACRES.9. PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARESHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TOVERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THECONSTRUCTION OF THE PYLON / MONUMENT SIGN.10. CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING ANDELECTRICAL PLAN.11. NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE ANDUNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATEDWITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESSSPECIFICALLY NOTED ON PLANS OTHERWISE.12. REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS.13. REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTYBOUNDARY DIMENSIONS.14. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.15. ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.16. ALL PARALLEL PARKING STALLS TO BE 8.5' IN WIDTH AND 23' IN LENGTH UNLESSOTHERWISE INDICATED.17. THERE ARE 0 ACRES OF WETLAND IMPACTS.BUILDING A DATA SUMMARYAREASPROPOSED PROPERTY84,781 SF (1.95 AC)BUILDING FOOTPRINT AREA (GROUNDLEVEL FLOOR)36,680 SF (43.3% OF TOTALPROPERTY AREA)TOTAL UNITS207NO. OF 1 BEDROOM UNITS129NO. OF 2 & 3 BEDROOM UNITS78PARKINGREQUIRED PARKING1 SPACES PER BEDROOM.10% OF THE REQUIREDPARKING SHALL BEPERMITTED FOR USE ASGUEST PARKING= *314 TOTAL STALLSPROPOSED PARKING315 SPACESADA STALLS REQ'D / PROVIDED8 STALLS / 8 STALLSREQUIRED BICYCLE PARKING1 SPACE PER DWELLINGUNIT + 1 SPACE PER 10AUTOMOBILE PARKINGSPACES = 239 SPACESPROPOSED BICYCLE PARKING266PROPERTY SUMMARYLUXE AT WEST ENDTOTAL PROPERTY AREA84,781 SF (1.95 AC)TOTAL DISTURBED AREA91,918 SF (2.11 AC)PROPOSED IMPERVIOUS AREA69,822 SF (1.60 AC)PROPOSED PERVIOUS AREA14,959 SF (0.35 AC)SETBACKS SHOWN ON PLANPROPOSED CURB AND GUTTERPROPERTY LINESETBACK LINERETAINING WALLLEGENDNORTHKEYNOTE LEGENDSTAIRS, SEE ARCHITECTURAL PLANS FOR DETAILMATCH EXISTING EDGE OF PAVEMENT/ CURB & GUTTERB618 CURB AND GUTTER, TYP.TRANSITION CURB FROM B618 TO ROLLOVER CURBS512 ROLLOVER CURB, PER MNDOT STANDARD PLATE 7102K6th FLOOR AMENITY AREA, SEE ARCHITECTURAL PLANSLIMITS OF UNDERGROUND PARKING GARAGEFULL ACCESS DRIVEWAY ENTRANCE TO UNDERGROUND PARKINGGARAGE, SEE ARCHITECTURAL PLANS FOR DETAILPAINTED DIRECTIONAL ARROWSACCESSIBLE CURB RAMP, HANDRAIL, WALLS, ETC. SEEARCHITECTURAL AND STRUCTURAL PLANSNO PARKING SIGN WITH SURFACE MOUNTED POLE1st FLOOR TERRACE/AMENITY AREA, SEE ARCHITECTURAL PLANSPROPOSED VARIABLE WIDTH PEDESTRIAN EASEMENTSHORT-TERM GUEST PARKINGLOADING AREA - NO PARKINGPEDESTRIAN RAMP PER MNDOT STANDARD PLATES, SEE SHEET C4.2FOR DETAILUNDERGROUND DETENTION, SEE GRADING & DRAINAGE PLANUTILITY EQUIPMENT AREA, SEE ARCHITECTURAL PLAN FORSCREENINGEXISTING FENCE TO REMAIN3' WIDE VALLEY GUTTER PER CITY OF ST. LOUIS PARK STANDARDPLATE ST-3(7) 5.5" RISER, 12" TRED STAIRS WITH HANDRAIL ON EACH SIDELIGHT POLE (TYP.), SEE LIGHTING PLAN FOR DETAILORNAMENTAL FENCE, SEE LANDSCAPE PLAN FOR DETAILRAISED PLANTER BOX (TYP.), SEE LANDSCAPE PLAN FOR DETAILMONUMENT SIGN, SEE ARCHITECTURAL PLANS FOR DETAIL"2 HOUR MAX. PARKING" SIGNAGE"LOADING ZONE ONLY - NO PARKING" SIGNAGEGUEST BIKE RACKS, SEE DETAILABCDEFGHIJKLMNOPQRSTUVWXYZAABBSITE PLANC4.0DIRECTIONAL ARROW FOR SCHEMATIC PURPOSES ONLY. DONOT PAINT ON CONSTRUCTED ACCESSIBLE RAMP.CONCRETE SIDEWALK, PER ST. LOUIS PARK STANDARD PLATE ST-9HEAVY DUTY CONCRETE PAVEMENT, SEE INSET B, SHEET C4.1FOR DETAILHEAVY DUTY ASPHALT PAVEMENT, SEE INSET C, SHEET C4.1FOR DETAIL*ASSUMPTION THAT 3 BEDS NEEDS 2 STALLS EACH UNITPAVERS, SEE LANDSCAPE PLAN FOR DETAILCity council meeting of January 22, 2019 (Item No. 4b) Title: Luxe Residential preliminary and final planned unit developmentPage 21
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4c
Executive summary
Title: Resolution authorizing purchase of tax forfeited property located at 3611 Glenhurst Ave. S.
Recommended action: Motion to adopt Resolution authorizing purchase of the tax forfeited
single family home located at 3611 Glenhurst Ave. S. for a demonstration project and affordable
homeownership opportunity.
Policy consideration: Is the purchase of this home for a demonstration project and creating an
affordable homeownership opportunity in line with the city’s housing and environmental goals?
Summary: To further the city’s housing goals of providing affordable home ownership
opportunities and supporting the city’s climate action plan strategies and goals, funding was
included in the 2019 Housing Rehab budget for the acquisition of a single family home. The intent
of the program is to acquire a single family home to rehab and demonstrate how smart design
and the incorporation of energy efficient improvements can be made to the typical home found
in St. Louis Park. The city will partner with West Hennepin Affordable Housing Land Trust
(WHAHLT) to eventually sell the home to a low income household as a land trust home.
3611 Glenhurst Ave. S. is a tax forfeited property which the city can purchase at a below-market
value to implement affordable housing, as provided in Minnesota Statute 282.01 subd. 1a
paragraph (2). Given that the home will be sold to a qualified low-income household, Hennepin
County is offering the property to the city at a 20% discounted price of $248,092.
Minn. Stat. § 462.356, subd. 2 requires a 2/3 vote, 5 votes, of the City Council dispensing with
the requirement for planning commission review and finding that the acquisition of the
property has no relationship to the comprehensive municipal plan.
Financial or budget considerations: The purchase of this property is in the housing rehab
budget for 2019. In addition to the $248,092 purchase price funds will be needed to remodel
the home including energy efficient improvements and potentially smart design. The proceeds
from the sale of the property to WHAHLT will reimburse the city for a significant portion of the
acquisition and rehab costs.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Map and photo of 3611 Glenhurst Ave. S.
Resolution
Prepared by: Marney Olson, Assistant Housing Supervisor
Reviewed by: Michele Schnitker, Housing Supervisor
Karen Barton, CD Director
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4c) Page 2
Title: Resolution authorizing purchase of tax forfeited property located at 3611 Glenhurst Ave. S.
3611 Glenhurst Ave. S.
City council meeting of January 22, 2019 (Item No. 4c) Page 3
Title: Resolution authorizing purchase of tax forfeited property located at 3611 Glenhurst Ave. S.
Resolution No. 19-___
Resolution authorizing purchase of tax forfeited property located at
3611 Glenhurst Ave. S. and dispensing with statutory requirements for review
by Planning Commission of acquisition of property
Whereas, the property located at 3611 Glenhurst Ave S (“Subject Property”) is a tax
forfeited property which is a single family home and parcel legally described as follows:
Lot 014 Block 001 “Hanke’s Minikahda Terrace”, PID 06-028-24-44-0017; and
Whereas, the city has been notified that Hennepin County has held a public meeting to
take public input related to the property as provided in Minnesota Statutes, Chapter 282; and
Whereas, the property was classified non-conservation at the conservation/non-
conservation classification hearing on list #2018-CNC, held December 11, 2018; and
Whereas, the city may request the property be sold to the city or provide input to the
county board of the suggested disposition of the property; and
Whereas, the city may apply to purchase the property for less than market value to
implement affordable housing as provided in Minnesota Statute 282.01 subd. 1a para(2); and
Whereas, Hennepin County has communicated willingness to convey the property for
20% less than market value to assist the city’s efforts to implement affordable housing.
Whereas, the city agrees the 20% discounted purchase price of $248,092.00 is reasonable,
and
Whereas, the city will use the property as a demonstration project on how the
incorporation of energy efficient improvements can be made to homes in St. Louis Park, and
Whereas, the city will partner with West Hennepin Affordable Housing Land Trust
(WHAHLT) to make the property an affordable homeownership opportunity in St. Louis Park;
and
Whereas, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review
the city's proposed acquisitions and dispositions of property, and;
Whereas, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning
Commission review requirement upon 2/3 vote of the City Council dispensing with the
requirement and finding that the acquisition or disposal of the property has no relationship to
the comprehensive municipal plan.
Now therefore be it resolved that:
1. The City Council finds that the acquisition of the property has no relationship to
the comprehensive municipal plan;
City council meeting of January 22, 2019 (Item No. 4c) Page 4
Title: Resolution authorizing purchase of tax forfeited property located at 3611 Glenhurst Ave. S.
2. Review by the Planning Commission of the acquisition of the Property is hereby
dispensed with;
3. The acquisition of the property as described above is approved;
4. The Mayor and City Manager are hereby authorized to execute documents necessary
for the acquisition of the Subject Property.
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4d
Executive summary
Title: Traffic Study No. 702: Permit parking at 3144 Hampshire Avenue
Recommended action: Motion to adopt Resolution authorizing installation of permit parking
restrictions in front of 3144 Hampshire Avenue.
Policy consideration: The restriction is allowed per the city’s established regulatory authority
and policy (city code Sec. 30-160).
Summary: In early December 2018, staff received a request from the son of a resident at 3144
Hampshire Avenue asking for a special needs/medical parking permit. The resident requires
curbside access to vehicles in front of their property due to mobility concerns.
The city’s code (Sec. 30-160) and past practice allows for permit parking in these types of
situations. It has been the city’s practice to use permit parking, which can then be removed
when the individual needing the access no longer resides there or no longer needs the access.
Staff considers the request to be valid and supports the installation of permit parking at 3144
Hampshire Avenue. This recommendation is based on the following:
• A resident of the household has limited mobility and is eligible for a special parking
permit.
• Conflicting parking tendencies with neighbors will be eliminated.
Financial or budget considerations: The cost of enacting these controls is minimal and will
come out of the general operating budget.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Resolution
Map
Prepared by: Ben Manibog, Transportation Engineer
Reviewed by: Phillip Elkin, Sr. Engineering Project Engineer
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4d) Page 2
Title: Traffic Study No. 702: Permit parking at 3144 Hampshire Avenue
Resolution No. 19-___
Resolution authorizing installation of permit parking
in front of 3144 Hampshire Avenue
Whereas, the City of St. Louis Park received a valid and complete application for permit
parking at 3144 Hampshire Avenue; and
Whereas, the City of St. Louis Park allows for special parking permits for persons with
disabilities or medical needs under the city’s code Sec. 30-160; and
Whereas, the City of St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely, and reliably.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that the Engineering Director is hereby authorized to install the following controls:
1.Permit parking at 3144 Hampshire Avenue.
It is further resolved that the parking restriction enacted herein shall remain in effect
until the resident no longer needs the restriction or no longer resides at the address.
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Traffic Study No. 702
Addresses
January 14, 2019
Map Powered by DataLink from WSB & Associates
1 inch = 94 feet
±
City council meeting of January 22, 2019 (Item No. 4d)
Title: Traffic Study No. 702: Permit parking at 3144 Hampshire Avenue Page 3
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4e
Executive summary
Title: Special assessment – sewer service line repair at 4114 Xenwood Ave. S.
Recommended action: Motion to adopt Resolution authorizing the special assessment for the
repair of the sewer service line at 4114 Xenwood Ave. S., St. Louis Park, MN.
P.I.D. 21-117-21-31-0123.
Policy consideration: The proposed action is consistent with policy previously established by
the city council.
Summary: Anthony Weinbeck, owner of the single family residence at 4114 Xenwood Ave. S.,
has requested the city to authorize the repair of the sewer service line for their home and
assess the cost against the property in accordance with the city’s special assessment policy.
The city requires the repair of service lines to promote the general public health, safety and welfare
within the community. The special assessment policy for the repair or replacement of water or
sewer service lines for existing homes was adopted by the city council in 1996. This program was put
into place because sometimes property owners face financial hardships when emergency repairs like
this are unexpectedly required. Plans and permits for this service line repair work were completed,
submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer
service line in compliance with current codes and regulations. Based on the completed work, this
repair qualifies for the city’s special assessment program. The property owner has petitioned the city
to authorize the sewer service line repair and special assess the cost of the repair. The total eligible
cost of the repair has been determined to be $2,895.00.
Financial or budget considerations: The city has funds in place to finance the cost of this special
assessment.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Jay Hall, Utility Superintendent
Reviewed by: Mark Hanson, Public Works Superintendent
Beth Simonsen, Accountant
Tim Simon, Chief Financial Officer
Cynthia S. Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4e) Page 2
Title: Special assessment – sewer service line repair at 4114 Xenwood Ave. S.
Resolution No. 19-____
Resolution authorizing the special assessment for the repair of the
sewer service line at 4114 Xenwood Ave. S., St. Louis Park, MN
P.I.D. 21-117-21-31-0123
Whereas, the property owner at 4114 Xenwood Ave. S., has petitioned the City of St.
Louis Park to authorize a special assessment for the repair of the sewer service line for the
single family residence located at 4114 Xenwood Ave. S.; and
Whereas, the property owner has agreed to waive the right to a public hearing, right of
notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and
Whereas, the City Council of the City of St. Louis Park has received a report from the
Utility Superintendent related to the repair of the sewer service line.
Now, therefore, be it resolved by the City Council of the City of St. Louis Park,
Minnesota, that:
1. The petition from the property owner requesting the approval and special assessment for
the sewer service line repair is hereby accepted.
2. The sewer service line repair that was done in conformance with the plans and
specifications approved by the Operations and Recreation Department and Department of
Inspections is hereby accepted.
3. The total cost for the repair of the sewer service line is accepted at $2,895.00.
4. The property owner has agreed to waive the right to a public hearing, notice and appeal
from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by
other statutes, or by ordinance, City Charter, the constitution, or common law.
5. The property owner has agreed to pay the city for the total cost of the above improvements
through a special assessment over a ten (10) year period at the interest rate of 4.25%.
6. The property owner has executed an agreement with the city and all other documents
necessary to implement the repair of the sewer service line and the special assessment of
all costs associated therewith.
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4f
Executive summary
Title: Resolutions imposing civil penalties for liquor license violations
Recommended action: Motion to adopt the following resolutions imposing civil penalties for
liquor license violations according to the recommendation of the city manager:
•Resolution imposing civil penalty for liquor license violation on December 6, 2018 at
Rackner, Inc. dba Bunny’s Bar & Grill, 5916 Excelsior Blvd.
•Resolution imposing civil penalty for liquor license violation on October 30, 2018 at
SuperValu, Inc. dba Cub Liquor, 5370 16th St. W.
Policy consideration: Do the civil penalties proposed by the city manager follow the prescribed
penalties set forth in section 3-107 of the St. Louis Park City Code related to the sale of alcoholic
beverages to an underage person?
Summary: Liquor compliance checks were conducted by the St. Louis Park Police Department on
October 30, 2018 and December 6, 2018. Under the direction of a police officer, an underage
buyer attempted to purchase alcoholic beverages at 60 licensed establishments in operation
throughout the city at that time. Two (2) of the licensed establishments failed the compliance
check. Both violations were their first in the last three years. Citations were issued in each case
and forwarded to Hennepin County District Court for consideration of criminal penalties against
the individual(s) who sold alcohol to the underage buyer at each establishment.
The city is responsible for imposing civil penalties against the license holder. Minnesota Statute
340A.415 limits civil penalty fees to a maximum of $2,000 for each violation. City code requires
that the presumptive civil penalties selling alcohol to an underage person are as follows:
1st Violation 2nd Violation
within 3 years
3rd Violation
within 3 years
4th Violation
within 3 years
$2,000 $2,000 and
1 - day suspension
$2,000 and
3 - day suspension Revocation
Each license holder whose establishment failed the compliance check were given three options:
•Accept the violation and pay the prescribed penalty, waiving the right to any appeal
•Appeal the violation at an administrative hearing with the city manager
•Appeal the violation directly to the city council at a public meeting.
Both establishments opted to accept their violations and have paid their respective penalties.
All establishments that successfully passed the compliance check received a congratulatory
letter from the Police Department. Those establishments that did not pass the compliance
check were offered Alcohol Server Training from our Police Department, free of charge.
Financial or budget considerations: The proposed penalties are $2,000 for each establishment.
Strategic priority consideration: Not applicable.
Supporting documents: Resoutions
Prepared by: Melissa Kennedy, City Clerk
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4f) Page 2
Title: Resolutions imposing civil penalties for liquor license violations
Resolution No. 19-____
Resolution imposing civil penalty
for liquor license violation
occurring on December 6, 2018 at
Rackner, Inc. dba Bunny’s Bar & Grill
5916 Excelsior Boulevard
Whereas, on December 6, 2018, a liquor license violation, sale of liquor to a minor,
occurred at Bunny’s Bar & Grill, 5916 Excelsior Boulevard in St. Louis Park; and
Whereas, the liquor license violation was the first occurrence at this establishment within
three years; and
Whereas, the license holder, has stipulated that the incident occurred and was a violation
of the sections 3-73 through 3-75 of the St. Louis Park City Code; and
Whereas, the license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the city manager and as approved by the city council.
Now therefore be it resolved, that a civil penalty of $2,000 is hereby imposed on the
license holder pursuant to St. Louis Park City Code section 3-75 and section 3-107.
Reviewed for Administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of January 22, 2019 (Item No. 4f) Page 3
Title: Resolutions imposing civil penalties for liquor license violations
Resolution No. 19-____
Resolution imposing civil penalty
for liquor license violation
occurring on October 30, 2018 at
SuperValu, Inc. dba Cub Liquor
5370 16th St. W.
Whereas, on October 30, 2018, a liquor license violation, sale of liquor to a minor,
occurred at Cub Liquor, 5370 16th St. W. in St. Louis Park; and
Whereas, the liquor license violation was the first occurrence at this establishment within
three years; and
Whereas, the license holder, has stipulated that the incident occurred and was a violation
of the sections 3-73 through 3-75 of the St. Louis Park City Code; and
Whereas, the license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the city manager and as approved by the city council.
Now therefore be it resolved, that a civil penalty of $2,000 is hereby imposed on the
license holder pursuant to St. Louis Park City Code section 3-75 and section 3-107.
Reviewed for Administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4g
Executive summary
Title: Approve out-of-state travel - 87th Winter Meeting of US Conference of Mayors
Recommended action: Motion to approve out-of-state travel of Mayor Jake Spano to attend
the 87th Winter Meeting of The United States Conference of Mayors in Washington, DC on
January 22 – 25, 2019.
Policy consideration: Pursuant to MN Statute 471.661 and Resolution No. 06-007, City of St.
Louis Park Elected Official Out-of-State Travel Policy, the city council is required to approve any
travel outside the State of Minnesota for elected officials.
Financial or budget considerations: This is a 2019 budgeted item.
Strategic priority consideration: Not applicable.
Supporting documents: None
Prepared by: Debbie Fischer, Administrative Services Office Assistant
Approved by: Tom Harmening, City Manager
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4h
Executive summary
Title: Zarthan Avenue parking restriction change
Recommended action: Motion to adopt Resolution authorizing the change of parking
restriction on Zarthan Avenue between 39th Street and Cambridge Street in the Elmwood
neighborhood.
Policy consideration: The traffic controls are allowed per the city’s established regulatory
authority.
Summary: Due to new Street and sidewalk construction the width of Zarthan Avenue was
reduced to 25 feet. Parking restrictions on the west side of Zarthan Avenue were established at
the May 7, 2018 city council meeting. Since then, resident feedback was received from all
properties on Zarthan Avenue between 39th Street and Cambridge Street requesting to change
the parking restrictions to the east side of Zarthan Avenue on this block.
Financial or budget considerations: The cost to remove and install the traffic controls are to
come out of the budget for city project No. 4018-1000.
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Resolution – Authorizing parking restrictions on W. 39th St and
Zarthan Avenue
Location map
Attach 1 Res. 18-077 – to rescind
Prepared by: Aaron Wiesen, Project Engineer
Reviewed by: Ben Manibog, Transportation Engineer
Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4h) Page 2
Title: Zarthan Avenue parking restriction change
Discussion
Background: At the May 7, 2018 City Council meeting the council approved a number of
resolutions pertaining to traffic control changes as a part of the 2018 pavement management
project (PMP). One of the approved resolutions included parking restrictions on Zarthan
Avenue
• Resolution 18-077 – Authorizing parking restrictions on W. 39th Street and Zarthan
Avenue
The resolution approved in May restricted parking in the following locations:
• On the south side of W. 39th Street from Alabama Avenue to Webster Avenue
• On the west side of Zarthan Avenue from W. 39th Street to the alley north of Goodrich
Avenue
Zarthan Avenue parking restrictions change
During construction of the 2018 pavement management project, a resident on Zarthan Avenue
asked city staff to evaluate flipping the parking restrictions on Zarthan Avenue In order to make
changes to an approved city council resolution, there must be resident support. City staff sent a
letter in August 2018 to every property on Zarthan Avenue between 39th Street and Oxford
Street asking for comments on if they would support a change to the parking restrictions. At
that time, the city didn’t receive enough support to recommend changes to the parking
restrictions. A letter was sent in October letting residents know that no changes were
recommended.
In November, the city received feedback from all four property owners on Zarthan Avenue
between 39th Street and Cambridge Street stating that they would support a change to the
parking restrictions on their block. The change would move the parking restrictions to the east
side of Zarthan Avenue between 39th Street and Cambridge Street
Letters were sent to all property owners along Zarthan Avenue notifying them of the proposed
change, staff did not receive any negative feedback.
Due to resident support from all property owners, staff recommends rescinding resolution no.
18-077 from May 7, 2018 and approving a new resolution that includes the change in the
parking restrictions on Zarthan Avenue between 39th Street and Cambridge Street
The new resolution would include restricted parking in the following locations:
• On the south side of W. 39th Street from Alabama Avenue to Webster Avenue
• On the east side of Zarthan Avenue from W. 39th Street to Cambridge Street
• On the west side of Zarthan Avenue from Cambridge Street to the alley north of
Goodrich Avenue
City council meeting of January 22, 2019 (Item No. 4h) Page 3
Title: Zarthan Avenue parking restriction change
Resolution No. 19-___
Authorize installation of parking restrictions
on Zarthan Avenue and W. 39th Street (rescind 18-077)
Whereas, the City Council of the City of Street Louis Park, Minnesota approved the traffic
control resolutions as a part of the 2018 Pavement Management Project on May 7, 2018.
Whereas, Street Louis Park is committed to providing a variety of options for people to
make their way around the city comfortably, safely and reliably.
Now therefore be it resolved by the City Council of the City of Street Louis Park,
Minnesota, Resolution 18-077 be rescinded.
It is further resolved by the City Council of the City of Street Louis Park, Minnesota, that
the Engineering Director is hereby authorized to:
1. Install parking restrictions on the south side of W. 39th Street from the east right-of-
way line of Alabama Avenue to the west right-of-way line of Webster Avenue
2. Install parking restrictions on the east side of Zarthan Avenue from the north right-of-
way line of W. 39th Street to the south right-of-way line of Cambridge Street
3. Install parking restrictions on the west side of Zarthan Avenue from the north right-of-
way line of Cambridge Street to 165 feet south of the south right-of-way line of Oxford
Street
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of January 22, 2019 (Item No. 4h) Page 4
Title: Zarthan Avenue parking restriction change
Proposed changes: No parking on east side of Zarthan Avenue from Cambridge Street to 39th
Street Parking allowed on west side at that location. Proposed change is highlighted in yellow.
RESOLUTION NO. 18-077
AUTHORIZE INSTALLATION OF PARKING RESTRICTIONS ON
ZARTHAN A VENUE AND W. 39TH STREET
WHEREAS, the City Council of the City of St. Louis Park, Minnesota has received a
report from the Project Manager related to the 2018 Pavement Management Project.
WHEREAS, the City Council of the City of St. Louis Park, Minnesota approved the
2018 Pavement Management Project on February 5, 2018.
WHEREAS, the City Council of the City of St. Louis Park, Minnesota reviewed staffs
report regarding on-street parking restrictions on April 9, 2018.
WHEREAS, the City of St. Louis Park has studied and determined that it is appropriate
to install parking restrictions on Zaithan Avenue and W. 39th Street.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the Engineering Director is hereby authorized to:
1.
2.
Install parking restrictions on the south side of W. 39th Street from the east right-of-
way line of Alabama Avenue to the west right-of-way line of Webster Avenue.
Install parking restrictions on the west side of Zaithan Avenue from the north
right-ofway line ofW. 39th Street to 165 feet south of the south right-of-way line of
Oxford Street.
Adopted by the City Council May 7,
2018
r�rhening, City
Manager
Attest:
City council meeting of January 22, 2019 (Item No. 4h)
Title: Zarthan Avenue parking restriction change Page 5
Meeting: City council
Meeting date: January 22, 2019
Consent agenda item: 4i
Executive summary
Title: Final payment resolution – 2018 concrete replacement - project no. 4018-0003
Recommended action: Motion to adopt Resolution accepting work and authorizing final
payment in the amount of $8,657.50 for the annual concrete replacement project with Ti-Zack
Concrete, Inc. - Project No. 4018-0003, City Contract No. 31-18.
Policy consideration: Not applicable
Summary: On February 20, 2018, the City Council awarded the bid for the concrete
replacement project – City Project No. 4018-0003. The project was advertised, bid and
awarded to Ti-Zack Concrete, Inc. in the amount of $195,916.00. This project was for
miscellaneous concrete repair, including sidewalk, curb and gutter, and storm sewer catch
basins at various locations in the city. This annual construction contract is for concrete repairs
in the pavement management area scheduled for sealcoat the following year. It also addresses
sidewalk trip hazards throughout the city. In addition to repair work, this year’s project included
new sidewalks in the Era on Excelsior/Meadowbrook Manor development.
The contractor completed this work within the contract time allowed at a final contract cost of
$173,150.01 with an underrun of $22,765.99 (-11.6%).
Financial or budget considerations: The cost of the work performed by the contractor under
Contract No. 31-18 has been calculated as follows:
Original Contract Price $ 195,916.00
Underrun $22,765.99
Amount Due (based on actual work) $173,150.01
Previous Payments -$164,492.51
Balance Due $8,657.50
This project was included in the Capital Improvement Program (CIP). The work was paid for
using Public Works Operations, Stormwater Utility, and Pavement Management funds.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Resolution
Prepared by: Phillip Elkin, Sr. Engineering Project Manager
Reviewed by: Joseph Shamla, Sr. Engineering Project Manager
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 4i) Page 2
Title: Final payment resolution – 2018 concrete replacement - project no. 4018-0003
Resolution No. 19-____
Resolution authorizing final payment and accepting work for
the 2018 random concrete repairs project
City Project No. 4018-0003
Contract No. 31-18
Be it resolved by the City Council of the City of St. Louis Park, Minnesota, as follows:
1.Pursuant to a written contract with the City dated February 20, 2018, Ti-Zack Concrete, Inc.
has satisfactorily completed the 2018 random concrete repairs project, as per Contract No.
31-18.
2.The Engineering Director has filed her recommendations for final acceptance of the work.
3.The work completed under this contract is accepted and approved. The final contract cost
is $173,150.01.
4.The City Manager is directed to make final payment in the amount of $8,657.50 on this
contract, taking the contractor's receipt in full.
Reviewed for administration: Adopted by the City Council Jan. 22, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City council
Meeting date: January 22, 2018
Minutes: 4j
UNOFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
DECEMBER 19, 2018 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Matt Eckholm, Jessica Kraft, Claudia Johnston-Madison,
Lisa Peilen, Carl Robertson, Alanna Franklin (youth member)
MEMBERS ABSENT: Joe Tatalovich (excused)
STAFF PRESENT: Jacquelyn Kramer, Gary Morrison, Sean Walther
1. Call to Order – Roll Call
2. Approval of Minutes of November 21, 2018
Commissioner Eckholm made a motion to approve the November 21, 2018 minutes.
Commissioner Johnston-Madison seconded the motion, and the motion passed on a
vote of 6-0.
3. Public Hearings
A. Luxe Residential preliminary and final planned unit development
Applicant: Robinson Zamorano
Location: 5235 Wayzata Blvd.
Case No.: 18-68-PUD
Jacquelyn Kramer, Associate Planner, presented the staff report.
Commissioner Peilen asked if the proposed electric vehicle parking spaces are in
addition to general required parking spaces.
Ms. Kramer said the electric vehicle spaces are included in the required number, similar
to ADA accessible parking. They are not in addition. She added that it is up to property
manager to decide how to assign and manage the parking spaces.
Commissioner Peilen asked about the mix of units.
Ms. Kramer reviewed the number and percentage of each type of unit in the building.
Commissioner Carper asked about building materials.
City council meeting of January 22, 2018 (Item No. 4j) Page 2
Title: Planning commission meeting minutes December 19, 2018
Ms. Kramer responded the main building materials are glass, stucco, pre-finished metal
panels and brick.
Chair Robertson asked about the guest parking area which includes one EV space which
is a compact space. He said the standard space adjacent to accessible space would be a
better EV location.
Ms. Kramer said that had been discussed and could be looked at further.
Justin Merkovich, ESG Architects, spoke about the development streetscape, public
realm, Utica Boulevard and the pocket park. He discussed building features, colors and
materials.
The Chair opened the public hearing.
Casey Gustafson, Millennium at West End, 5245 Wayzata Blvd., Apt. 126, is a building
resident and employee of Village Green which manages the building. He said they have
concerns about guest parking with the new development. They would have liked to see
more green space rather than the close proximity of the abrupt wall.
The Chair spoke about the underground guest parking which is planned in the new
development.
Kristy Jackson, 5245 Wayzata Blvd., is also an employee of Village Green. She agreed
with the guest parking concern. She said she’s also concerned that Millennium at West
End’s 15 outdoor parking spaces will be used by Luxe Residential. She said parking is an
on-going concern. She said she’s also concerned about construction noise.
As no one else was present wishing to speak, the Chair closed the public hearing.
There was a discussion about shadow created by the new development.
Sean Walther, Planning and Zoning Supervisor, discussed the orientation of the
development and the zoning ordinance on shadow restrictions. He said staff did not
see that shadow would be an issue based upon the ordinance standards.
The Chair stated it might be advantageous to do a shadow study to allay any concerns.
Commissioner Carper asked about the narrow drive between the buildings. He asked if
parking would be allowed there.
Ms. Kramer said parking will be allowed on the Millennium at West End’s side of the
street. Also, there will be a loading bay on the east side of the private street for people
moving in or out.
City council meeting of January 22, 2018 (Item No. 4j) Page 3
Title: Planning commission meeting minutes December 19, 2018
In response to questions about parking, Mr. Walther said the city has established a
minimum parking standard and is trying not to require more parking than is necessary.
He noted that the Luxe Residential proposal included more parking than the city’s
minimum standards would require. He said management companies often take steps to
implement policies to better manage available parking through pricing, designating
certain stalls as shared stalls, promoting alternative transportation options, and through
leasing strategies. Mr. Walther spoke about potentially available off-site parking supply
available, if private agreements are entered into, in the parking ramps of the office
buildings to the south and the Shops at West End. He added that there are other
alternatives in the mixed-use West End area such as walking, biking, car share service
and transit that allow for car-free and reduced car ownership.
Commissioner Peilen made a motion recommending approval of the preliminary and
final planned unit development subject to the conditions recommended by staff.
Commissioner Eckholm seconded the motion, and the motion passed on a vote of 6-0.
B. Electric vehicle supply equipment and outdoor parking lighting requirements
Applicant: City of St. Louis Park
Case No.: 18-67-ZA
Jacquelyn Kramer, Associate Planner, presented the staff report. The proposed
amendments would be to require electric vehicle supply equipment (EVSE) in all new
and reconstructed parking structures and to revise outdoor parking lighting
requirements.
In response to a question from Commissioner Peilen, Ms. Kramer said the city didn’t
want to get into enforcement of how property managers would regulate their electric
vehicle charging, signage, and related details.
Chair Robertson spoke about the varying length of time it takes to charge vehicles. He
said he thought the ordinance might be a little light on Level 2 charging.
Ms. Kramer spoke about how quickly the technology is changing.
Commissioner Kraft spoke about designing back to back spaces so chargers could serve
multiple parking spaces and flexibility.
Commissioner Eckholm discussed recommending best practices rather than
requirements.
Ms. Kramer discussed the flexibility available in the PUD process.
Mr. Walther discussed the city’s green building policy and certifications and EVSE.
The Chair asked about spillover lighting in the proposed changes in the outdoor parking
lighting requirements.
City council meeting of January 22, 2018 (Item No. 4j) Page 4
Title: Planning commission meeting minutes December 19, 2018
Ms. Kramer said spillover standards have stayed the same. She added that shielding is
not part of this ordinance. That is regulated in another part of the zoning code.
There was a discussion about perceived spillover.
Commissioner Kraft asked what drove this proposed change.
Ms. Kramer said staff looked at the recommendations made by the Illuminating
Engineering Society (IES) and looked at lighting levels seen in the past and is
recommending light levels that that are safe and achievable for property owners, as well
as in keeping with the community expectations.
Commissioner Carper spoke about eliminating one source of pollution and increasing
other sources. He discussed using solar power to charge battery banks on sites. He
spoke about homeowners being able to invest in generating sources that are wind or
solar powered.
The Chair and Commissioner Eckholm spoke about electric generation moving toward
renewables. Source of power seems to be outpacing the increase of charging needs.
They spoke about upstream carbon that is eliminated with electric charging.
The Chair opened the public hearing. As no one was present wishing to speak he closed
the public hearing.
Commissioner Peilen made a motion recommending approval of the proposed
ordinance. Commissioner Eckholm seconded the motion, and the motion passed on a
vote of 6-0.
4. Other Business
A. Discuss chair, vice chair nominations for 2019
Commissioner Eckholm said he would be interested in serving as chair in 2019.
Commissioner Kraft said she would be interested serving as vice chair.
5. Communications
A. Comprehensive Plan
Mr. Walther said the City Council approved the Comprehensive Plan on
December 17, 2018. The plan will be submitted to the Metropolitan Council.
B. Jan. 2, 2019 meeting cancelled
C. Save the date – boards and commissions annual meeting Feb. 25, 2019
City council meeting of January 22, 2018 (Item No. 4j) Page 5
Title: Planning commission meeting minutes December 19, 2018
D. Window transparency requirements – update
E. Other
Mr. Walther noted that Kevin Locke, former Community Development Director
and current SWLRT specialist, is retiring Dec. 21. Nancy Sells, Office Assistant, will
also be retiring at the end of the year. Both were recognized at the city council
meeting earlier this week.
6. Adjournment
The meeting was adjourned at 7:30 p.m. and was followed by a study session.
STUDY SESSION
1. Retail and service size requirements
Mr. Morrison summarized the council discussion. The council discussed the planning
commission recommendation, but did not reach consensus on the maximum size of
retail uses that should be allowed in the C-1 district. They also expressed concerns that
the proposed limit on gross building area would preclude including residential uses in a
mixed-use format.
Mr. Morrison presented an option for commission consideration. He suggested that
specific uses including retail, service and liquor stores be allowed with a condition that
they do not exceed a certain size limit. This would limit the impacts to other uses in the
C-1 district, avoid modifying the intensity classification table, and avoid unintended
limitations on residential mixed-use developments. So the gross floor area limitation for
certain uses would be carved out as an exception to the intensity classification table for
a few uses in the C-1 district.
Mr. Walther summarized the council discussion pertaining to the range of gross floor
area limits that were discussed and supported by individual city council members. He
expressed that the council does not support the current planning commission proposal,
but there may be enough support to allow retail, service and liquor store uses as
permitted with conditions up to a maximum gross floor area of 10,000 square feet and
up to 20,000 square feet by conditional use permit.
The commission discussed adding conditions to retail, service and liquor store uses to
establish a maximum gross floor area. They expressed that a cap of 5,000 seemed to be
too low and that there needs to be flexibility. They discussed existing businesses and
noted that they are naturally occurring around 5,000 square feet, but should have
flexibility to grow if they are successful.
City council meeting of January 22, 2018 (Item No. 4j) Page 6
Title: Planning commission meeting minutes December 19, 2018
The commission directed staff to prepare an option that establishes a maximum of
20,000 square feet gross floor area allowed by CUP, and to create an exception for
multiple-family residential that allows additional gross building area.
Respectfully submitted,
Nancy Sells
Recording Secretary
Meeting: City council
Meeting date: January 22, 2019
Public hearing: 6a
Executive summary
Title: The Cooper, LLC dba The Local - Westend – on-sale intoxicating and on-sale Sunday liquor
license
Recommended action: Mayor to open public hearing, take public testimony, and close public
hearing. Motion to approve application from The Cooper, LLC dba The Local - Westend for an
on-sale intoxicating and on-sale Sunday liquor license for the premises located at 1607 Park
Place Boulevard.
Policy consideration: Does the applicant meet the requirements for the issuance of an
on-sale intoxicating and on-sale Sunday liquor license?
Summary: The city received an application from The Cooper, LLC dba The Local - Westend for
an on-sale intoxicating and on-sale Sunday liquor license for the property located at 1607 Park
Place Blvd. The Local - Westend will be downsized and rebranded from the previous restaurant
that was occupying the space, Cooper. The Local – Westend is a subsidiary of Cara Irish Pubs, LP
and they will continue to hold 100 percent interest in the business, and personnel involved will
remain the same. The Local – Westend is set to open in February 2019, one month before the
annual liquor license renewal period. Subsequently The Local – Westend will be effective from
February 2019 through March 1, 2020.
The Local – Westend will undergo a small downsize of approximately 2,000 sq. ft., shifting seating
capacity to 172 indoor seats, and 66 outdoor seats. Changes to the space include an updated
color scheme and new furniture in hopes to bring the look and feel of The Local – Downtown to
the West End. Food and beverage items will remain similar, as they were already consistent with
desired menu. This will be one of two locations in the Twin Cities, with the original located
downtown. Cara Irish Pubs, LP hopes to continue adding locations throughout the metro for The
Local and the St. Louis Park location will help in setting a standard for future locations.
The police department conducted a full background investigation, and nothing was discovered
that would warrant denial of the license. The application and police report are on file in the city
clerk’s office. The required notice of the public hearing was published on January 10, 2019. If
the license is approved, nothing will be issued until all requirements have been met with the
city inspections department, Hennepin County, and the State Alcohol and Gambling
Enforcement Division.
Financial or budget considerations: Fees include $500 for the background investigation and
$8,950 for the on-sale intoxicating and on-sale Sunday liquor license. Previous payment for
Cooper will also be applied to the first month of The Local – Westend license.
Strategic priority consideration: Not applicable.
Prepared by: Chase Peterson-Etem, Office Assistant - Records
Reviewed by: Melissa Kennedy, City Clerk
Approved by: Tom Harmening, City Manager
Meeting: City council
Meeting date: January 22, 2019
Public hearing: 6b
Executive summary
Title: 2019 Pavement Management Project No. 4019-1000
Recommended action: Mayor to open public hearing, take public testimony, and close public
hearing. Council will be asked to take final action on this project at its February 4 meeting.
Policy consideration: Does the city council wish to pursue the pavement rehabilitation,
installation of sidewalks/trails and reduce impervious surface as a part of our annual Pavement
Management Project?
Summary: The engineering department has been working on the design of the 2019 Pavement
Management Project. This annual project rehabilitates several miles of local residential streets.
This year, the streets to be rehabilitated are located in Pavement Management Area 7. This
area includes the Pennsylvania Park, Willow Park and Eliot View neighborhoods. Street
rehabilitation work consists of removing and replacing the existing bituminous pavement and
replacing the concrete curb and gutter as needed. Other work includes sewer repairs and
watermain replacement.
There are Connect the Park sidewalk/trail segments in this project. Also, past council policy
direction has been to evaluate the sidewalk system as a part of all transportation projects and
identify gaps in the network. This is done to improve pedestrian connections throughout the
neighborhoods. As a part of project development, the sidewalk network adjacent to the street
segments were reviewed and there are a number of sidewalk gap segments under
consideration as a part of this project.
Financial or budget considerations: This project is included in the city’s 2019 capital
improvement plan (CIP) and will be paid for using, franchise fees, utility funds, and general
obligation bonds. The total cost estimate for the project is $5,723,248.65. Additional
information on the breakdown of the funding can be found later in this report.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
January 14 Study Session Report (available upon request or at link)
Prepared by: Aaron Wiesen, Project Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 6b) Page 2
Title: 2019 Pavement Management Project No. 4019-1000
Discussion
Background: This year’s project will be performed in Area 7 of the City’s eight pavement
management areas. It includes work in the Pennsylvania Park, Willow Park and Eliot View
neighborhoods.
Information regarding this project was shared with the City Council in a written report at the
January 14 study session. The study session report which includes recommendations for the
elements to include in this project is attached. A summary of the information in the report:
•Description of the project scope
•Individual evaluation sheets for each of the 10 sidewalk segments- These individual
evaluation sheets contain information on the proposed sidewalk design, maintenance
responsibilities, impacts (trees, retaining walls, etc.), cost, staff recommendations and
resident feedback.
•Proposed street widths- staff is recommending to reduce the width of streets in this
neighborhood in the interest of reducing speed, reducing impervious, constructing
sidewalks, minimizing impacts to trees, minimizing impacts to private properties,
improving water quality, and creating additional green space in the right of way.
Feedback received from residents not able to attend the public hearing will be provided as a
handout on the night of the meeting.
Financial or budget considerations: The following table outlines the estimated project cost and
anticipated funding sources for this project.
CIP Engineer's Estimate
Construction Cost $5,058,621.00 $4,717,976.25
Engineering & Administration $664,612.00 $631,272.40
Base Bid Total $5,723,233.00 $5,349,248.65
Funding Sources
Pavement Management $2,921,000.00 $2,919,973.62
Watermain $1,411,983.00 $1,396,626.83
Sanitary Sewer $275,000.00 $202,511.10
Stormwater Utility $385,000.00 $439,904.30
Sidewalks & Trails (GO Bonds) $730,250.00 $390,232.80
Base Bid Total $5,723,233.00 $5,349,248.65
Alternate Bid- Fiber Optic System
Construction Cost $340,000.00 $340,000.00
Engineering & Administration $34,000.00 $34,000.00
Alternate Bid Total $374,000.00 $374,000.00
Funding Sources
Fiber (GO Bonds) $374,000.00 $374,000.00
Alternate Bid Total $374,000.00 $374,000.00
2019 Pavement Management Project Total $6,097,233.00 $5,723,248.65
City council meeting of January 22, 2019 (Item No. 6b) Page 3
Title: 2019 Pavement Management Project No. 4019-1000
Next steps: The proposed schedule for the project to facilitate construction completion in 2019
is as follows:
Council public hearing January 22, 2019
Council project approval February 4, 2019
Council awards construction bids Early April 2019
Construction May to November 2019
Meeting: City council
Meeting date: January 22, 2019
Public hearing: 6c
Executive summary
Title: First reading of ordinance imposing a franchise fee on Northern States Power Co. (dba
Xcel Energy)
Recommended action: Mayor to open the public hearing, solicit comments, and to close the
public hearing. Staff recommends a motion to approve first reading of an ordinance imposing a
franchise fee on Xcel Energy and set second reading for February 4, 2019.
Policy consideration: Does the city council wish to increase the franchise fee for Xcel Energy to
assist in funding the City’s Pavement Management Program?
Summary: The city has imposed franchise fees on Xcel Energy since 2004. Keeping with city
council direction of reviewing the fee every other year, the fee was increased to $4.00/month
for a residential customer in 2016. Staff recommends the fee be increased to $5.50/ month for
a residential customer in 2019. Staff is proposing, and Xcel supports, that their franchise fee is
consistent with the franchise fee imposed on CenterPoint Energy. Xcel and Centerpoint have
each reviewed the new fees and ordinance and are ok with them. Due to timing and public
utilities commission action the utilities won’t change the billing until June 2019.
Financial or budget considerations: The City’s Pavement Management Program is currently
funded by franchise fee revenues, collected by both Xcel and CenterPoint. Based on the current
fees, total franchise fees generate approximately $3.2 million annually (CenterPoint - $1.2
million; Xcel - $2 million). The proposed increase in the Xcel franchise fee would add
approximately $470,880 in additional annual revenue to the Pavement Management Program
which will help achieve the city’s capital plan and provide greater financial sustainability into
the future.
Please note, the city does not issue street assessments for road improvements.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Ordinance
Prepared by: Tim Simon, Chief Financial Officer
Reviewed by: Debra Heiser, City Engineer
Nancy Deno, HR Director/City Manager
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 6c) Page 2
Title: First reading of ordinance imposing a franchise fee on Northern States Power Co. (dba Xcel Energy)
Discussion
Background: In 1993 the city adopted an ordinance granting Northern States Power Company
(D/B/A Xcel Energy) an electrical services utility franchise in the city. That ordinance allowed
the city to impose a franchise fee on Xcel. The new ordinance approved in September 2016 has
a 20 year term.
Franchise fees in St. Louis Park are used in their entirety to assist in funding the cost the City
experiences to maintain, reconstruct and repair the street system via the City’s Pavement
Management Program.
On July 18, 2016, the city council approved an updated assessment policy that shifted funding
of the majority of public improvement to franchise fees. In general, the city council’s direction
for the public improvements discussed as a part of this policy was “If there is a public purpose
for the infrastructure, the city should fund construction.” The proposed fee increase will fund
all local street and alley construction projects.
On November 5, 2018, during our budget and capital improvement plan review the consensus
of the Council was to increase the franchise fee $1.50 for related infrastructure maintenance.
The franchise fee is essentially a user fee collected from customers on their utility bill and paid
to Xcel. The utility then functions essentially as a pass through entity with the franchise fee
revenue being remitted to the City of St. Louis Park.
Present considerations: As discussed with the city council most recently on November 5, 2018,
staff is proposing a $1.50/month fee increase to residential customers for 2019 to continue
funding the Pavement Management Program. Based on customer class, customers would see
increases of $1.50/month per utility. Residential customers make up approximately 90% of the
total customers. Staff is also proposing (under separate action) to increase CenterPoint’s
current basic franchise fee by $1.50/month per utility for residential customers.
Per the City’s Long Range Financial Management Plan, by increasing franchise fees in 2019, it is
projected that the Pavement Management Program could be funded entirely by franchise fees
making the fund sustainable in the long-term based on projected expenditures and no significant
changes to the program.
Based on recent discussions with Xcel staff, they do not oppose this proposed increase in the
franchise fee.
Next steps: The following steps outline the adoption process to be followed:
1.Ordinances must contain all the terms and conditions of the franchise
2.Franchise ordinances require a public hearing
3.At least seven days must pass between first reading (public hearing) and 2nd reading
4.At second reading motion will be “Motion to adopt the ordinance, approve the
summary and authorize summary publication”
5.Ordinance becomes effective 90 days following adoption
City council meeting of January 22, 2019 (Item No. 6c) Page 3
Title: First reading of ordinance imposing a franchise fee on Northern States Power Co. (dba Xcel Energy)
Based on the above process, staff has developed the following steps and schedule for adopting
the franchise ordinance and franchise fee ordinance:
First Reading of Ordinance 01/22/19
Second Reading of Ordinance 02/04/19
Date of Publication 02/14/19
Utilities begin collection 06/01/19
City council meeting of January 22, 2019 (Item No. 6c) Page 4
Title: First reading of ordinance imposing a franchise fee on Northern States Power Co. (dba Xcel Energy)
Ordinance No.____19
Ordinance implementing an electric service franchise fee
on Northern States Power Company, a Minnesota corporation,
its successors and assigns, for providing electric service
within the city of St. Louis Park
The city of St. Louis Park does ordain:
Section 1. The City of St. Louis Park Municipal Code is hereby amended to include
reference to the following Special Ordinance.
Subd. 1. Purpose. The St. Louis Park City Council has determined that it is in the best
interest of the city to impose a franchise fee on those public utility companies that provide
electric services within the City of St. Louis Park.
(a)Pursuant to City Ordinance 2505-16, a Franchise Agreement between the City of St
Louis Park and Northern States Power Company, a Minnesota corporation, its
successors and assigns, the city has the right to impose a franchise fee on Northern
States Power Company, a Minnesota corporation, its successors and assigns, in an
amount and fee design as set forth in Section 9 of the Northern States Power
Company Franchise and in the fee schedule attached hereto as Schedule A.
Subd. 2. Franchise fee statement. A franchise fee is hereby imposed on Northern
States Power Company, a Minnesota Corporation, its successors and assigns, under its electric
franchise in accordance with the schedule attached here to and made a part of this Ordinance,
commencing with the NSPM June, 2019 billing month.
This fee is an account-based fee on each premise and not a meter-based fee. In the
event that an entity covered by this ordinance has more than one meter at a single premise,
but only one account, only one fee shall be assessed to that account. If a premise has two or
more meters being billed at different rates, the Company may have an account for each rate
classification, which will result in more than one franchise fee assessment for electric service to
that premise. If the Company combines the rate classifications into a single account, the
franchise fee assessed to the account will be the largest franchise fee applicable to a single rate
classification for energy delivered to that premise. In the event any entities covered by this
ordinance have more than one premise, each premise (address) shall be subject to the
appropriate fee. In the event a question arises as to the proper fee amount for any premise,
the Company’s manner of billing for energy used at all similar premises in the city will control.
Subd. 3. Payment. The said franchise fee shall be payable to the city in accordance
with the terms set forth in Section 9 of the Franchise.
Subd. 4. Surcharge. The city recognizes that the Minnesota Public Utilities Commission
may allow Company to add a surcharge to customer rates of city residents to reimburse
Company for the cost of the fee.
City council meeting of January 22, 2019 (Item No. 6c) Page 5
Title: First reading of ordinance imposing a franchise fee on Northern States Power Co. (dba Xcel Energy)
Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
Subd. 6. Effective date of franchise fee. The effective date of this Ordinance shall be
after its publication and ninety (90) days after the sending of written notice enclosing a copy of
this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as
provided above.
First Reading of Ordinance 01/22/19
Second Reading of Ordinance 02/04/19
Date of Publication 02/14/19
Utilities begin collection 06/01/19
Reviewed for Administration Adopted by the City Council Feb. 4, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to Form and Execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
City council meeting of January 22, 2019 (Item No. 6c) Page 6
Title: First reading of ordinance imposing a franchise fee on Northern States Power Co. (dba Xcel Energy)
SCHEDULE A
Franchise Fee Rates:
Electric Utility
The franchise fee shall be in an amount determined by applying the following schedule per
customer premise/per month based on metered service to retail customers within the city:
Class Amount per month
Residential $ 5.50
Sm C & I – Non-Dem $ 10.00
Sm C & I – Demand $ 46.50
Large C & I $ 146.50
Public Street Ltg $ 0
Muni Pumping –N/D $ 10.00
Muni Pumping – Dem $ 46.50
Franchise fees are submitted to the City on a quarterly basis as follows:
January – March collections due by April 30.
April – June collections due by July 31.
July – September collections due by October 31.
October – December collections due by January 31.
Meeting: City council
Meeting date: January 22, 2019
Public hearing: 6d
Executive summary
Title: First reading of ordinance imposing a franchise fee on Centerpoint Energy Resources
Corporation
Recommended action: Mayor to open the public hearing, solicit comments, and to close the
public hearing. Staff recommends a motion to approve first reading of an ordinance imposing a
franchise fee on Centerpoint Energy and set second reading for February 4, 2019.
Policy consideration: Does the city council wish to increase the franchise fee for Centerpoint
Energy to assist in funding the City’s Pavement Management Program?
Summary: The city has imposed franchise fees on Centerpoint Energy since 2004. Keeping with
city council direction of reviewing the fee every other year, the fee was increased to
$4.00/month for a residential customer in 2016. Staff recommends the fee be increased to
$5.50/ month for a residential customer in 2019. Staff is proposing, and Centerpoint supports,
that their franchise fee is consistent with the franchise fee imposed on Xcel Energy.
Centerpoint and Xcel have each reviewed the new fees and ordinance and are ok with them.
Due to timing and public utilities commission action the utilities won’t change the billing until
June 2019.
Financial or budget considerations: The City’s Pavement Management Program is currently
funded by franchise fee revenues, collected by both Xcel and CenterPoint. Based on the current
fees, total franchise fees generate approximately $3.2 million annually (CenterPoint - $1.2
million; Xcel - $2 million). The proposed increase in the Centerpoint franchise fee would add
approximately $337,302 in additional annual revenue to the Pavement Management Program
which will help achieve the city’s capital plan and provide greater financial sustainability into
the future.
Please note, the city does not issue street assessments for road improvements.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Ordinance
Prepared by: Tim Simon, Chief Financial Officer
Reviewed by: Debra Heiser, City Engineer
Nancy Deno, HR Director/City Manager
Approved by: Tom Harmening, City Manager
City council meeting of January 22, 2019 (Item No. 6d) Page 2
Title: First reading of ordinance imposing a franchise fee on Centerpoint Energy Resources Corporation
Discussion
Background: In 1993 the city adopted an ordinance granting Centerpoint Energy Resources
Corporation (D/B/A Centerpoint Energy) an electrical services utility franchise in the city. That
ordinance allowed the city to impose a franchise fee on Centerpoint Energy. The new ordinance
approved in September 2016 has a 20 year term.
Franchise fees in St. Louis Park are used in their entirety to assist in funding the cost the city
experiences to maintain, reconstruct and repair the street system via the City’s Pavement
Management Program.
On July 18, 2016, the city council approved an updated assessment policy that shifted funding
of the majority of public improvements to franchise fees. In general, the city council’s direction
for the public improvements discussed as a part of this policy was “If there is a public purpose
for the infrastructure, the city should fund construction.” The proposed fee increase will fund
all local street and alley construction projects.
On November 5, 2018, during our budget and capital improvement plan review the consensus
of the city council was to increase the franchise fee $1.50 for related infrastructure
maintenance.
The franchise fee is essentially a user fee collected from customers on their utility bill and paid
to Centerpoint Energy. The utility then functions essentially as a pass through entity with the
franchise fee revenue being remitted to the City of St. Louis Park.
Present considerations: As discussed with the city council most recently on November 5, 2018,
staff is proposing a $1.50/month fee increase to residential customers for 2019 to continue
funding the Pavement Management Program. Based on customer class, customers would see
increases of $1.50/month per utility. Residential customers make up approximately 90% of the
total customers. Staff is also proposing (under separate action) to increase Xcel’s current basic
franchise fee by $1.50/month per utility for residential customers.
Per the City’s Long Range Financial Management Plan, by increasing franchise fees in 2019, it is
projected that the Pavement Management Program could be funded entirely by franchise fees
making the fund sustainable in the long-term based on projected expenditures and no
significant changes to the program.
Based on recent discussions with Centerpoint Energy staff, they do not oppose this proposed
increase in the franchise fee.
Next steps: The following steps outline the adoption process to be followed:
1.Ordinances must contain all the terms and conditions of the franchise
2.Franchise ordinances require a public hearing
3.At least seven days must pass between first reading (public hearing) and 2nd reading
4.At second reading motion will be “Motion to adopt the ordinance, approve the
summary and authorize summary publication”
5.Ordinance becomes effective 90 days following adoption
City council meeting of January 22, 2019 (Item No. 6d) Page 3
Title: First reading of ordinance imposing a franchise fee on Centerpoint Energy Resources Corporation
Based on the above process, staff has developed the following steps and schedule for adopting
the franchise ordinance and franchise fee ordinance:
First Reading of Ordinance 01/22/19
Second Reading of Ordinance 02/04/19
Date of Publication 02/14/19
Utilities begin collection 06/01/19
City council meeting of January 22, 2019 (Item No. 6d) Page 4
Title: First reading of ordinance imposing a franchise fee on Centerpoint Energy Resources Corporation
Ordinance No. ____19
Ordinance implementing a natural gas franchise fee on
Centerpoint Energy Resources Corporation
d/b/a Centerpoint Energy Minnesota Gas (“Centerpoint Energy”),
its successors and assigns, for providing gas service
within the City of St. Louis Park
The City of St. Louis Park does ordain:
Section 1. The City of St. Louis Park Municipal Code is hereby amended to include
reference to the following Special Ordinance.
Subd. 1. Purpose. The St. Louis Park City Council has determined that it is in the best
interest of the city to impose a franchise fee on those public utility companies that provide gas
services within the City of St. Louis Park.
(a)Pursuant to City Ordinance 2507-16, a Franchise Agreement between the City of St.
Louis Park and CenterPoint Energy Resources Corporation d/b/a CenterPoint Energy
Minnesota Gas, its successors and assigns, the city has the right to impose a
franchise fee on CenterPoint Energy in an amount and fee design as set forth in
Section 8 of the CenterPoint Energy Resources Franchise and in the fee schedule
attached hereto as Schedule A.
Subd. 2. Franchise fee statement. A franchise fee is hereby imposed on CenterPoint
Energy, its successors and assigns, under its natural gas franchise in accordance with the
schedule attached here to and made a part of this Ordinance, commencing with the
CenterPoint Energy June, 2019 billing month.
This fee is an account-based fee on each premise and not a meter-based fee. In the
event that an entity covered by this ordinance has more than one meter at a single premise,
but only one account, only one fee shall be assessed to that account. If a premise has two or
more meters being billed at different rates, the Company may have an account for each rate
classification, which will result in more than one franchise fee assessment for natural gas
service to that premise. If the Company combines the rate classifications into a single account,
the franchise fee assessed to the account will be the largest franchise fee applicable to a single
rate classification for energy delivered to that premise. In the event any entities covered by this
ordinance have more than one premise, each premise (address) shall be subject to the
appropriate fee. In the event a question arises as to the proper fee amount for any premise, the
Company’s manner of billing for energy used at all similar premises in the city will control.
Subd. 3. Payment. The said franchise fee shall be payable to the city in accordance
with the terms set forth in Section 9 of the Franchise.
Subd. 4. Surcharge. The city recognizes that the Minnesota Public Utilities Commission
may allow Company to add a surcharge to customer rates of city residents to reimburse
City council meeting of January 22, 2019 (Item No. 6d) Page 5
Title: First reading of ordinance imposing a franchise fee on Centerpoint Energy Resources Corporation
Company for the cost of the fee, consistent with the Minnesota Public Utility Commission’s
March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-
09-970.
Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
Subd. 6. Effective date of franchise fee. The effective date of this Ordinance shall be
after its publication and ninety (90) days after the sending of written notice enclosing a copy of
this adopted Ordinance to CenterPoint Energy by certified mail. Collection of the fee shall
commence as provided above.
First Reading of Ordinance 01/22/2019
Second Reading of Ordinance 02/04/2019
Date of Publication 02/14/2019
Utilities begin collection 06/01/2019
Reviewed for Administration Adopted by the City Council Feb. 4, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to Form and Execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
City council meeting of January 22, 2019 (Item No. 6d) Page 6
Title: First reading of ordinance imposing a franchise fee on Centerpoint Energy Resources Corporation
SCHEDULE A
Franchise Fee Rates:
Gas Utility
The franchise fee shall be in an amount determined by applying the following schedule per
customer premise/per month based on metered service to retail customers within the City:
Class Amount per month
Residential $5.50
Commercial B $10.00
Commercial C $46.50
SVDF A& B $46.50
LVDF $146.50
Franchise fees are submitted to the City on a quarterly basis as follows:
January – March collections due by April 30.
April – June collections due by July 31.
July – September collections due by October 31.
October – December collections due by January 31.