Loading...
HomeMy WebLinkAbout2017/02/13 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA FEBRUARY 13, 2017 6:30 p.m. STUDY SESSION – Community Room Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning – February 27, March 6, and March 13, 2017 2. 6:35 p.m. US Internet Update 3. 7:35 p.m. PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance 4. 8:20 p.m. Master License Agreement for Small Cell Antennas 5. 8:40 p.m. 2017 City Council Workshop Follow-Up 9:25 p.m. Communications/Updates (Verbal) 9:30 p.m. Adjourn Written Reports 6. Proposed Allocation of 2017 Community Development Block Grant (CDBG) Funds 7. EMS Pathways Academy 8. Update on Excelsior & Monterey Redevelopment (Bridgewater/Dominium) 9. Residential Stormwater Cost Share Program Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting: Study Session Meeting Date: February 13, 2017 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Future Study Session Agenda Planning – February 27, March 6, and March 13, 2017 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for the Study Session/Boards & Commissions Annual Meeting scheduled for February 27, the Special Study Session on March 6, and the Study Session/Joint Meeting w/ School Board scheduled for March 13. POLICY CONSIDERATION: Does the Council agree with the agendas as proposed? SUMMARY: At each study session approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the proposed discussion items for the Study Session/Boards & Commissions Annual Meeting scheduled for February 27, the Special Study Session on March 6, and the Study Session/Joint Meeting w/ School Board scheduled for March 13. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Tentative Agenda – February 27, March 6 & March 13, 2017 Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Study Session Meeting of February 13, 2017 (Item No. 1) Page 2 Title: Future Study Session Agenda Planning – February 27, March 6, and March 13, 2017 FEBRUARY 27, 2017 5:30 p.m. – Boards & Commissions Annual Meeting – Council Chambers Written Reports 1. January 2017 Monthly Financial Report 2. Texas Avenue Reconstruction Update (4017-1101) 3.PLACE TIF Recommendation Amount MARCH 6, 2017 6:50 p.m. – Special Study Session – Council Chambers Tentative Discussion Items 1. Ordinance Restricting Flavored Tobacco Products – Inspections (30 minutes) In response to council inquiry regarding whether youth enticing flavored tobacco products are being sold and possible changes to licensing requirements, staff is collecting retail product information being sold during our annual tobacco establishment inspections. The discussion will include survey results, information from Hennepin County Health, and possible ordinance options for Council to consider. MARCH 13, 2017 6:30 p.m. – Joint Meeting with School Board – Council Chambers (time and location still tentative) Written Reports 1. 10 West End Project Update Meeting: Study Session Meeting Date: February 13, 2017 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: US Internet Update RECOMMENDED ACTION: None at this time. Staff desires to update the Council on the status of US Internet’s activities in St. Louis Park. POLICY CONSIDERATION: Does city council support the private sector fiber-to-the-premise (FTTP) initiative of US Internet (USI) and potentially others to expand into St. Louis Park, thereby increasing competition and consumer choice of broadband providers? Although US Internet can and has begun installing facilities preparing to provide broadband service to St. Louis Park customers over a period of years, is the Council interested in exploring ways to accelerate companies such as USI in deploying their services throughout St. Louis Park? SUMMARY: One of the City Council’s five Priorities & Goals is that “St. Louis Park is a technology connected community”. Council adopted this goal to recognize the growing importance of broadband to St. Louis Park residents and businesses, both current and prospective. One of the several strategies reinforcing this goal is to support the idea of increased private sector competition and consumer choice. As a result, staff has had conversations with USI over the last couple years to encourage USI’s entry into St. Louis Park. USI sees the potential benefits to expanding FTTP services in St. Louis Park. City staff also feels USI’s presence in St. Louis Park contributes significantly to achievement of the goal of St. Louis Park becoming a technology connected community. In fact, USI has already invested and made commitments in St. Louis Park over the last couple years. At the study session, staff and Mr. Travis Carter, USI’s Co-Founder and Vice President of Technology, will update Council on USI’s activities in St. Louis Park, as well as its plans going forward. USI will also review its history with FTTP in Minneapolis. At least as important, Council will better understand what FTTP is and why it matters relative to City Council goals and priorities. NEXT STEPS: Staff and USI presented at the February 8 Telecommunications Advisory Commission meeting. TAC’s response was very positive and supportive of USI’s plans. Following this meeting with Council, USI will continue its efforts and staff will work with USI as directed by Council and as it would with any new provider interested in offering broadband services in St. Louis Park. This typically comes in the form of assisting providers in understanding and fulfilling logistical requirements of the city. FINANCIAL OR BUDGET CONSIDERATION: At this time, there are no new financial or budget considerations as USI’s efforts are private sector in nature. That said, as is available to any other qualified service providers, USI is availing itself of the city’s fiber lease opportunities. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Meeting: Study Session Meeting Date: February 13, 2017 Discussion Item: 3 EXECUTIVE SUMMARY TITLE: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance RECOMMENDED ACTION: Staff wishes to review and receive feedback on PLACE’s latest project plans and application for Tax Increment Financing (TIF) assistance in connection with the PLACE redevelopment. Specific issues staff wishes to discuss include: • Revised project plans and need for an Environmental Assessment Worksheet (EAW) • Property Acquisition from Hennepin County HRA • Preliminary Development Agreement (PDA) Extension • TIF request and review status POLICY CONSIDERATION: Does the EDA support: (1) PLACE’s revised mixed-use redevelopment plans for the southeast quadrant of Highway 7 and Wooddale Ave and the northeast corner of W 36th Street and Wooddale Ave.; (2) the purchase of properties from Hennepin County HRA to complete the necessary land assemblage for the proposed project; (3) the extension of the PDA; and (4) the anticipated level of tax increment assistance needed to make the project financially feasible? SUMMARY: Nonprofit developer, PLACE, has continued to evolve and refine its proposed redevelopment plans at the southeast quadrant of Highway 7 and Wooddale Ave, and the northeast corner of W 36th Street and Wooddale Ave. The building program remains unchanged from what was described in the previous project update on 10-10-16. The project will be a landmark mixed- use, mixed income, transit oriented, and environmentally sustainable development. Project components include: two apartment buildings with a total of 299 residential units (200 affordable and 99 market rate), a 110-room hotel, a 10,000 SF e-generation/co-generation/greenhouse facility, approximately 15,400 SF of ground floor commercial/retail space, and a one acre “urban forest”. FINANCIAL OR BUDGET CONSIDERATION: It is proposed that PLACE would acquire the assembled redevelopment site from the EDA and City for $6 million. The cost to construct the proposed PLACE project exceeds $133 million. Upon completion it is estimated that the total taxable market value of the PLACE project would exceed $67 million. Due to over $8 million of extraordinary costs associated with redeveloping the subject site, all project components may not be financially feasible. In order for the project to proceed, tax increment assistance will likely be needed; the exact amount remains under review by Ehlers and staff. Initial analysis suggests the amount of assistance may be close to the amount of increment generated from the maximum duration of the TIF district (26 years). VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Site and Building Renderings Prepared by: Greg Hunt, Economic Development Coordinator Jennifer Monson, Planner Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Study Session Meeting of February 13, 2017 (Item No. 3) Page 2 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance DISCUSSION BACKGROUND: PLACE (Projects Linking Art, Community & Environment), a Minneapolis 501(c)(3) nonprofit developer, is proposing to redevelop a site located at the southeast quadrant of Highway 7 and Wooddale Ave and the northeast corner of W 36th Street and Wooddale Ave. The site is divided by the CP RR line and the Cedar Lake LRT Regional Trail and located in the Elmwood Neighborhood. The site consists of approximately 6.9 acres (4.9 AC on the north side and 2 AC on the south side). The site runs parallel to the Cedar Lake LRT Regional Trail and is situated on either side of the future SWLRT Wooddale Station. The south side of the site is served by Metro Transit Bus Route 17 along 36th St. The proposed redevelopment would be in proximity to Central Community Center, Park Spanish Immersion School and St. Louis Park High School as well as Jorvig and Center Parks. PRESENT CONDITIONS: Topographically both sides of the proposed redevelopment site are relatively flat. The site requires the assemblage of nine parcels. The north side of the site includes the following four properties. • 5925 Highway 7 is a vacant, 2.2 AC remnant site. The EDA purchased the property in 2004 as part of the land assemblage for the future Highway 7 & Wooddale interchange. The EDA retained ownership of the property with the expectation that an acceptable redevelopment encompassing the parcels to the east would eventually emerge. • 5815 Highway 7 is a vacant .5 AC remnant site. It was acquired by the City for purposes of constructing the Highway 7 Service Drive. • 5725 Highway 7 is the former McGarvey Coffee manufacturing property. The EDA acquired the 1.7 AC property in 2015 for redevelopment purposes. The property is occupied by a vacant 29,218 SF industrial building. The building is in rough condition and was determined structurally substandard according to an analysis by LHB. Originally constructed in 1947, the structure is dated from an aesthetic perspective and functionally obsolete in terms of design. • 3520 Yosemite is a vacant, .4 AC remnant, rail siding currently owned by the Hennepin County Housing and Redevelopment Authority (HCHRA). Study Session Meeting of February 13, 2017 (Item No. 3) Page 3 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance The south side of the proposed redevelopment includes the following five properties. • 3565 Wooddale is a .6 AC parcel owned by HCHRA. It is occupied by a 16,739 SF commercial building that was formerly leased to Nash Frame. The structure was also originally constructed in 1947 and is dated from an aesthetic perspective as well as functionally obsolete in terms of design. The building was also determined structurally substandard according to the analysis by LHB. • 3548 Xenwood Ave is a vacant .3 AC remnant, former rail siding acquired by HCHRA from the railroad. • 3575 Wooddale is an approximately .4 AC parcel owned by the City. It is part of a municipal parking lot constructed in 1976 for commercial parking purposes. • 5816 36th Street is an approximately .4 AC parcel owned by the City. It is part of a municipal parking lot constructed in 1976 for commercial parking purposes. • 5814 36th Street is an approximately .25 AC parcel owned by the City. It is part of a municipal parking lot constructed in 1976 for commercial parking purposes. Overall, the current site exhibits low density and is underutilized from a market value perspective given its proximity to the Highway 7 & Wooddale interchange and the multi-story buildings to the south and east. The site has been of keen interest to redevelopers which has become more intense now that funding for SWLRT has been finalized. Study Session Meeting of February 13, 2017 (Item No. 3) Page 4 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance LAND ASSEMBLAGE: As noted above, three properties (3520 Yosemite, 3565 Wooddale and the western portion of 3548 Xenwood Ave.) are remnant parcels currently owned by the Hennepin County Housing and Redevelopment Authority (HCHRA). HCHRA recently authorized the sale of these parcels to the EDA so as to facilitate transit oriented redevelopment at the SWLRT Wooddale Station. HCHRA also plans to convey a fourth remnant parcel, 3524 Yosemite, which the city would retain for right-of way purposes. Hennepin County is required to sell the subject four parcels at estimated fair market value which it determined to be $1.1 million. The City Assessor examined this value and concurs that the proposed purchase price is easily supported. It is proposed that three of the four parcels acquired by the EDA would subsequently be sold to PLACE as part of the property assemblage for its proposed project. The eastern portion of 3548 Xenwood Ave. would be held by the EDA for future redevelopment purposes. A purchase agreement for the four parcels is currently being drafted. Terms of the agreement will soon be submitted to the EDA for its review. The purchase agreement is expected be presented to the EDA for formal consideration in the near future. Regardless of whether the proposed PLACE project proceeds, the EDA would likely have a strong interest in acquiring the subject parcels so as to assemble sites large enough to spur transit oriented development on either side of the future SWLRT Wooddale Station. Study Session Meeting of February 13, 2017 (Item No. 3) Page 5 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance CURRENT PROPOSAL: PLACE proposes to acquire the subject nine properties from the EDA and City, raze the former McGarvey Coffee and Nash Frame buildings, and replace them with a mixed-use, mixed income, transit-oriented, environmentally sustainable development. Current plans depict four buildings evenly split on the north and south sides of the future SWLRT Wooddale Station. The PLACE redevelopment plans have continued to evolve and be refined since the last project update on 10-10-16. Last week, PLACE submitted its plat and PUD applications as well as building plans. The attached plans are more detailed than previously provided and illustrate the building materials and design details being proposed. Most notably the latest plans reduce the proposed hotel’s building height from 10 to six stories and replace below grade parking with above ground structured parking at a significant reduction in project cost and improvement of circulation on the south project site. The purpose of this discussion agenda item is to provide the City Council with a preview of the plans submitted for formal consideration in upcoming months; and a chance to suggest any last minute design changes the City Council believes necessary for the project’s application to secure approval. Overall, the proposed PLACE project consists of the following components: • 2 apartment buildings with a total of 299 residential units between them (of which 200 would be affordable and 99 would be market-rate) including 99 mixed-income live/work units. • 110-room hotel • 10,000 sq. ft. e-generation /co-generation /greenhouse facility  Approximately 15,400 sq. ft. of ground floor commercial/retail space for a café, coffee house, bike shop, and eight microbusinesses • 445 parking spaces (structured, surface and street) • 510,778 sq. ft. of total program space • 1 AC “urban forest” The entire project is being designed to achieve LEED Gold certification. PLACE envisions commencing the project this summer and completing it by December 31, 2018. PROPOSED DEVELOPMENT PROGRAM: As discussed previously, the proposed PLACE development would be constructed on the north and south sides of the SWLRT Wooddale Station as shown on the next page. Study Session Meeting of February 13, 2017 (Item No. 3) Page 6 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance Proposed PLACE Site Plan Study Session Meeting of February 13, 2017 (Item No. 3) Page 7 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance North Side components: • Residential/Commercial building • 5 stories • 218 total dwellings • 152 apartments affordable for families with incomes up to 60% AMI (including 10 live/work units) • 66 market rate apartments (including 8 live/work units) • Retail bike shop and repair: 2,570 sq. ft. • Makers Space: 2,529 sq. ft. • E-Generation/Co-generation/Greenhouse facility • 1 story 10,000 total sq.ft. • Anaerobic digester and energy balancing equipment: 7,500 sq.ft. (scaled to accommodate organics generated exclusively from the PLACE project yet expandable to accommodate offsite organics). • Vertical greenhouse for urban agriculture: 2,500 sq. ft. • Urban Forest • 1 acre urban retreat parallel to the Cedar Lake LRT Regional Trail • Parking: • 220 spaces including underground, surface (with solar canopy) and on-street • 5 car-share spaces South Side components: • Residential/Commercial • 6 stories • 81 total dwellings • 48 live/work apartments affordable for families with incomes up to 60% AMI • 33 live/work market rate apartments (including 5 “Type II” live/work units (a special prototype that features an apartment connected to a 250 square foot micro-storefront that allows the household to affordably operate a street-level commercial business) • Cafe: 4,480 sq. ft. • Coffee House: 1,360 sq. ft. • Maker/Co-working Space (Work Hub): 3,830 sq. ft. (split between 2 stories) • Shared office space for creatives and startups • Hotel: • 6 stories • 47,244 sq. ft • 110 rooms • Select service (Fairfield Inn & Suites by Marriott managed by Aimbridge Hospitality) • Parking: • 225 spaces including underground, structured and surface • 5 car-share spaces Study Session Meeting of February 13, 2017 (Item No. 3) Page 8 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance Housing Unit Mix The project’s overall dwelling unit mix includes: •132 studios •90 one-bedrooms •48 two-bedrooms •27 three-bedrooms •2 four-bedrooms 299 total dwelling units Affordable Housing Both apartment buildings are mixed income with a total of 99 market-rate units and 200 units affordable to households at 60% Area Median Income* (AMI) ($51,480 per year in 2016 for a family of four). Of these 299 units, 99 are designated as live/work spaces for creatives (58 affordable and 41 market rate). *Median household income is the level at which half the households have lower incomes and half the households have higher incomes; it is not an average.) In 2016 the AMI in Hennepin County for a family of four was $86,600. 2016 Income limits by household size are: Household size 1 2 3 4 5 6 60% AMI $36,060 $41,220 $46,380 $51,480 $55,620 $59,760 LAND USE, ZONING AND PLATTING: The Comprehensive Plan designates the north side of the site as a combination of Office and Business Park and the south side for Mixed-Use and the. The zoning on the north side is General Industrial and the zoning on the south side is C-2 Commercial. The proposed project requires a PUD which would create a new zoning district and zoning regulations for uses and dimensional standards that are unique to the proposed redevelopment site, uses and building plans. Planning Applications/Approvals for proposed development: North side South side Comprehensive Plan amendment land use map From Office and Business Park to Mixed Use Not needed – site is designated for Mixed Use Planned Unit Development (PUD) Yes Yes Preliminary and Final Plats Yes Yes The Mixed Use land use designation and the City’s Livable Communities design principles are intended to create compact, pedestrian-scale, mixed-use buildings, typically with retail, service or other commercial uses on the ground floor and residential or office uses on upper floors. Mixed- use is intended to accommodate mixed-income housing, a mix of housing types on the same block, and higher density development. The Comprehensive Plan calls for an increase in the availability of neighborhood housing choices and a broader range of housing types. The proposed redevelopment provides higher density apartment housing and affordable units in buildings that complement the adjacent Cityscape, TowerLight, Village in the Park, and Hoigaard Village developments. Study Session Meeting of February 13, 2017 (Item No. 3) Page 9 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance The PLACE project is suitable for the subject site as it is a mixed-use, transit-oriented and environmentally sustainable redevelopment. As such it addresses many of the Elmwood Neighborhood Improvement Opportunities listed in the City’s Comprehensive Plan and meets many of the objectives for the Elmwood Area Land Use, Transit & Transportation Study. The site has convenient access to good bus service, three parks, and other services and businesses along W 36th Street, and is adjacent to Cedar Lake LRT regional trail and the future SWLRT Wooddale Station. The proposed project will also exceed the requirements specified within the City’s Green Building Policy and Inclusionary Housing Policy. Furthermore, the proposed PLACE redevelopment will result in the demolition and removal of two structurally obsolete buildings, the cleanup of contaminated properties, and the optimal utilization of remnant parcels. The proposed project promotes efficient use of the land, existing infrastructure, and existing roadway system as well as creates both affordable and market rate housing units, live/work units, commercial space, significant employment and increased tax base. Environmental Assessment Worksheet The PLACE development appears to meet the threshold of mixed residential and industrial- commercial projects for a mandatory environmental assessment worksheet (EAW) [4410.4300, subpart 32]. The City is the responsible governmental unit (RGU). PLACE is preparing the required information for city review.Upon completion, the City Manager will be asked to authorize distribution of the EAW for public review and comment. The review period is 30 days and it will run concurrently with city zoning review. Upon completion of the comment period, the city will prepare responses to any comments received. Finally, the City Council will be asked to adopt a resolution making its record of decision regarding the EAW. PRELIMINARY DEVELOPMENT AGREEMENT: PLACE, the EDA and the City are currently parties to a Preliminary Development Agreement in which the parties agreed to work cooperatively toward a mutually supportable transit oriented development project on the subject properties and to negotiate in good faith toward a definitive Purchase and Redevelopment Contract as well as a related planning development contract regarding the development. The Agreement terminates on February 28, 2017 unless it is extended. Given that the parties are close to entering into such agreements, PLACE has requested that the Preliminary Development Agreement be extended 6 months until August 31, 2017 so as to allow the parties adequate time to successfully complete negotiations on the contracts and present them for formal consideration. The extension is necessary to provide PLACE’s funding partners with continued assurance of its ability to secure the subject properties for the proposed development. It is the expectation of all parties to work toward the approval of a formal Purchase and Redevelopment Contract and planning development contract in the coming months. Such an amendment will be brought to the EDA and City Council for consideration on February 21st. Study Session Meeting of February 13, 2017 (Item No. 3) Page 10 Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance REDEVELOPER’S REQUEST FOR PUBLIC FINANCING ASSISTANCE: Application for Private Activity Revenue Bonds PLACE applied to the City for conduit financing in the form of private activity revenue bonds for the affordable housing component of the project. The City has no liability regarding the repayment of these bonds, and the administrative fee that it charges goes to the housing rehabilitation fund. At the October 10, 2016 Study Session, the City Council expressed a willingness to issue such a bond provided the Developer met all the criteria in the application process. On December 19, 2016 the City Council adopted a resolution authorizing PLACE to seek $55 million in multifamily housing bonds from the State The $27.2M allocation subsequently awarded was significantly less given the oversubscription of housing bonds, but still sufficient to secure the project’s low-income housing tax credits by right. In the coming months the City Council will be asked to conduct a public hearing to consider providing final approval for the Bonds and related documents. Application for Tax Increment Financing The cost to construct the proposed PLACE project exceeds $133 million and is financially complex. The project is financially hampered due to over $8 million of extraordinary costs associated with redeveloping the subject site. The project is further financially challenged due to the fact that tax credits do not fully compensate for the difference between market and affordable rents in the project. Given these extraordinary expenses, PLACE determined it cannot achieve a market internal rate of return and meet commercial underwriting criteria to make the project financially feasible. As a result, PLACE applied for $8 million in tax increment assistance generated by the project. There are five primary sources of revenue within the PLACE project. These include: affordable housing, market rate housing, hotel, commercial/retail/workhub, and e-generation/co-generation. PLACE has begun to submit the required development pro forma information to determine to what extent the project may have a financial gap justifying the use of TIF. Ehlers and staff are currently analyzing the market data, underwriting assumptions, project costs, and developer returns for all project components. While PLACE continues to submit project information, our initial review confirms that the affordable apartments component of the project exhibits a financial gap, which is common for affordable apartment projects. Upon further review it may be determined that the amount of assistance needed by the entire project may be close to the amount of increment generated from the maximum duration of the TIF district (26 years). Ehlers and staff intend to provide the EDA/City Council with a complete analysis of the TIF application and a recommended amount of justifiable assistance by the end of February. It should be noted that the proposed project will score highly according to the criteria for the provision of tax increment outlined in the City’s TIF Policy. As a reminder, should the EDA direct staff to further pursue the project as presented, the EDA is not obligating itself to providing the proposed assistance at this time. NEXT STEPS: Complete TIF analysis and present findings/recommended amount of assistance for the 2-27-17 Study Session. Drawing 2017 Copyright Meyer, Scherer & Rocastle, Ltd.telDRAWN BY:CHECKED BY:PROJECT NO.PROJECT PHASEDrawing 2017 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUESignature:Print Names:Date:License No:DATEMARKDESCRIPTIONteltel2/3/2017 6:18:58 PMC:\Projects\PLACE_PUD_shqipe@msrdesign.com.rvtG001COVER SHEETPLACE ST. LOUIS PARKST. LOUIS PARK, MN100 Portland Avenue South, Suite 100Minneapolis, MN 55401612 309 38892017-02-06CheckerAuthorPUD SubmissionMD11015002335 Highway 36 West StreetSt. Paul, MN 55113-3819651 604 4861SHT NOSHEET NAMEGENERALG002LEGENDG003GENERAL NOTESCIVILC001EXISTING CONDITIONS AND REMOVALSC003TREE REMOVALS AND PRESERVATION PLANC101SITE PLAN-OVERALLC102SITE PLAN-NORTHWESTC103SITE PLAN-NORTHEASTC104SITE PLAN-SOUTHC201TEMPORARY EROSION CONTROL PLANC301SITE PLAN-NORTHEASTC401SANITARY SEWER AND WATERMAINC402STORM SEWER PLANC801SITE DETAILSC802SITE DETAILSC901CITY OF ST. LOUIS PARK STANDARD DETAILSC902CITY OF ST. LOUIS PARK STANDARD DETAILSC903CITY OF ST. LOUIS PARK STANDARD DETAILSC1001MnDOT STANDARD PEDESTRIAN CURB RAMP DETAILSLANDSCAPEL101PLANTING PLAN-OVERALLL102PLANTING PLAN-NORTHWESTL103PLANTING PLAN-NORTHEASTL104PLANTING PLAN-SOUTHL801PLANTING DETAILSELECTRICALE101ELECTRICAL SITE PLAN-OVERALLalV302ALTASurveyV301ALTA/NSPS LAND TITLE SURVEYSHT NOSHEET NAMEGENERALG001COVER SHEETS001SITE PLANARCHITECTURALA101NORTH BLDG FLOOR PLANSA102NORTH BLDG FLOOR PLANSA103NORTH BLDG FLOOR PLANSA104NORTH BLDG FLOOR PLANSA105NORTH BLDG FLOOR PLANSA106NORTH BLDG ELEVATIONSA107NORTH BUILDING ILLUSTRATIVE ELEVATIONSA201SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA202SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA203SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA204SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA205SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA206SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA207SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA208SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA209SOUTH BLDG HOTEL & RESIDENTIAL FLOOR PLANSA210SOUTH BLDG ELEVATIONSA211HOTEL ELEVATIONSA212SOUTH BUILDING ILLUSTRATIVE ELEVATIONSA301E-GEN FLOOR PLANSA302E-GEN FLOOR PLANSA303E-GEN ELEVATIONSA4013D VIEWA501ILLUSTRATIVE SECTIONSA502TECHNICAL SECTIONSPLACE, ST. LOUIS PARK, MNStudy Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 11 Drawing 2017 Copyright Meyer, Scherer & Rocastle, Ltd.telDRAWN BY:CHECKED BY:PROJECT NO.PROJECT PHASEDrawing 2017 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUESignature:Print Names:Date:License No:DATEMARKDESCRIPTIONteltel2/3/2017 6:16:49 PMC:\Projects\PLACE_PUD_shqipe@msrdesign.com.rvtA4013D VIEWPLACE ST. LOUIS PARKST. LOUIS PARK, MN100 Portland Avenue South, Suite 100Minneapolis, MN 55401612 309 38892017-02-06CheckerAuthorPUD SubmissionMD11015002335 Highway 36 West StreetSt. Paul, MN 55113-3819651 604 4861VIEW TO SOUTH BUILDINGS FROM 36TH STREET1A401Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 12 WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT AND THAT I AM A DULY LICENSED UNDER THE LAWS OF THE STATE OF MINNESOTA. The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. DescriptionNo.Date PRINT NAME: SIGNATURE: DATE L IC. NO. SUBMITTED FOR CITY APPROVALS FEB 6, 2017 C101 SITE PLAN - OVERALL 0 40 80 N 40002 STUART M. KRAHN LANDSCAPE ARCHITECT SIT E DATA EXISTING PROPOSED TOTAL SITE AREA 6.94 ACRES 5.25 ACRES ZONING CLASSIFICATION: NORTH I-G (GENERAL INDUSTRIAL) PUD SOUTH C-2 (GENERAL COMMERCIAL) PUD PARKING DATA NORTH SOUTH TOTAL OFF-STREET SURFACE 55 4 59 ON-STREET 59 0 59 OFF-STREET STRUCTURED 106 221 327 TOTAL STALLS 220 225 445 Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance Page 13 WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT AND THAT I AM A DULY LICENSED UNDER THE LAWS OF THE STATE OF MINNESOTA. The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. DescriptionNo.Date PRINT NAME: SIGNATURE: DATE L IC. NO. SUBMITTED FOR CITY APPROVALS FEB 6, 2017 L101 PLANTING PLAN - OVERALL 40002 STUART M. KRAHN LANDSCAPE ARCHITECT 0 40 80 N TOTAL T REE/SHRUB COUNTS 155 -DECIDUOUS TREES 12 - CONIFEROUS TREES 89 - ORNAMENTAL/UNDERSTORY TREES 419 - SHRUBS NOTES 1. S EE L8.01 FOR FULL PLANT SCHEDULE Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance Page 14 PLACE ST.LOUIS PARK Drawing 2017 Copyright Meyer, Scherer & Rocastle, Ltd. ST. LOUIS PARK, MN tel100 Portland Avenue South, Suite 100Minneapolis, MN 55401612 309 3889DRAWN BY:CHECKED BY:PROJECT NO.PROJECT PHASEPUD SubmissionMD1101500Drawing 2017 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUESignature:Print Names:Date:License No:DATEMARKDESCRIPTIONtel2335 Highway 36 West StreetSt. Paul, MN 55113-3819651 604 4861A202OHPOHPOHP10111218L/W TYPE II1,386 SFMECH255 SFRES. GROUNDFLOOR GROSS7,675 SFTRASH263 SFLOBBYCO-WORKING1,571 SFMAILL/W TYPE II1,692 SFMECH & TRASH531 SFCAFE4,644 SFCOFFEE HOUSE1,173 SFKITCHENHOTEL LOBBY2,811 SFHOTEL GROUNDFLOOR GROSS9,791 SFHOTEL GROUND FLOOR PLANSET BACK LINEPROPERTY LINERESIDENTIAL/PARKING GROUND FLOOR PLANLINE OFBRIDGE ABOVE4A5025A5025A5022A5022A5023A5023A5024A502A2101A2102A2103A2104A2111A2112A2113A2114GROUND/1ST FLOOR PLANS8'16'32'1/16" = 1' - 0"1 1/16" = 1' - 0"A202NSOUTH BLDGHOTEL &RESIDENTIALFLOOR PLANSLEGENDRESIDENTIALSTAIR/ELEV CORECIRCULATION SPACECOMMONSMECHLIVE/WORK UNITS TYPE I - AFFORDABLELIVE/WORK UNITS TYPE IIDWELLING UNITS - AFFORDABLERETAILMAKER/CO-WORKINGSTAIR/ELEV CORECIRCULATION SPACECOMMONSMECHCAFEDOUBLE ROOMKING ROOMEXTENDED ROOMPRESIDENTIAL SUITESTORAGESTORAGEHOTELLIVE/WORK UNITS TYPE I - MARKETDWELLING UNITS - MARKETGREEN ROOFBIKE STORAGEPOSSIBLE ADDITIONAL SPACEGREEN ROOFGRAPHIC SCALE8' 16'32'0'Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 15 Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) Assistance Page 16 Drawing 2017 Copyright Meyer, Scherer & Rocastle, Ltd.telDRAWN BY:CHECKED BY:PROJECT NO.PROJECT PHASEDrawing 2017 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUESignature:Print Names:Date:License No:DATEMARKDESCRIPTIONteltel2/3/2017 6:16:47 PMC:\Projects\PLACE_PUD_shqipe@msrdesign.com.rvtA212SOUTH BUILDINGILLUSTRATIVEELEVATIONSPLACE ST. LOUIS PARKST. LOUIS PARK, MN100 Portland Avenue South, Suite 100Minneapolis, MN 55401612 309 38892017-02-06CheckerAuthorPUD SubmissionMD11015002335 Highway 36 West StreetSt. Paul, MN 55113-3819651 604 4861N041681/16" = 1' - 0"GRAPHIC SCALESOUTH ELEVATION - SUMMER RENDER1A212 1/16" = 1' - 0"SOUTH ELEVATION - WINTER RENDER2A212 1/16" = 1' - 0"Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 17 SEE LANDSCAPE DWG’S FORALL EXTERIOR SPACES/AREASPROPERTY LINELAUNDRY337 SFMAKER SPACE2624 SFRETAIL2484 SFLOBBYMAILMECH1401 SFMECH1410 SFTRASH660 SF1A5021A502A1061A1062A1064A1066A1063A1065SETBACK LINELEGENDRESIDENTIALSTAIR/ELEV CORECIRCULATION SPACECOMMONSMECHLIVE/WORK UNITS TYPE I - AFFORDABLELIVE/WORK UNITS TYPE IIDWELLING UNITS - AFFORDABLERETAILMAKER/CO-WORKINGSTORAGELIVE/WORK UNITS TYPE I - MARKETDWELLING UNITS - MARKETGREEN ROOF/SOLAR PANELSBIKE STORAGEGREEN/SOD ROOFDrawing 2017 Copyright Meyer, Scherer & Rocastle, Ltd.telDRAWN BY:CHECKED BY:PROJECT NO.PROJECT PHASEDrawing 2017 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUESignature:Print Names:Date:License No:DATEMARKDESCRIPTIONteltel2/3/2017 6:16:15 PMC:\Projects\PLACE_PUD_shqipe@msrdesign.com.rvtA102NORTH BLDGFLOOR PLANSPLACE ST. LOUIS PARKST. LOUIS PARK, MN100 Portland Avenue South, Suite 100Minneapolis, MN 55401612 309 38892017-02-06CheckerAuthorPUD SubmissionMD11015002335 Highway 36 West StreetSt. Paul, MN 55113-3819651 604 4861 1/16" = 1'-0"A1021GROUND/1ST FLOOR PLANN041681/16" = 1' - 0"GRAPHIC SCALEStudy Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 18 Drawing 2017 Copyright Meyer, Scherer & Rocastle, Ltd.telDRAWN BY:CHECKED BY:PROJECT NO.PROJECT PHASEDrawing 2017 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUESignature:Print Names:Date:License No:DATEMARKDESCRIPTIONteltel2/3/2017 6:16:34 PMC:\Projects\PLACE_PUD_shqipe@msrdesign.com.rvtA107NORTH BUILDINGILLUSTRATIVEELEVATIONSPLACE ST. LOUIS PARKST. LOUIS PARK, MN100 Portland Avenue South, Suite 100Minneapolis, MN 55401612 309 38892017-02-06CheckerAuthorPUD SubmissionMD11015002335 Highway 36 West StreetSt. Paul, MN 55113-3819651 604 4861N041681/16" = 1' - 0"GRAPHIC SCALESOUTH ELEVATION - SUMMER RENDER1A107 1/16" = 1' - 0"SOUTH ELEVATION - WINTER RENDER2A107 1/16" = 1' - 0"Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 19 Study Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 20 PLACE ST.LOUIS PARK Drawing 2017 Copyright Meyer, Scherer & Rocastle, Ltd. ST. LOUIS PARK, MN tel100 Portland Avenue South, Suite 100Minneapolis, MN 55401612 309 3889DRAWN BY:CHECKED BY:PROJECT NO.PROJECT PHASEPUD SubmissionMD1101500Drawing 2017 Copyright Meyer, Scherer & Rockcastle, Ltd.ISSUESignature:Print Names:Date:License No:DATEMARKDESCRIPTIONtel2335 Highway 36 West StreetSt. Paul, MN 55113-3819651 604 4861A303E-GENELEVATIONSSOUTH ELEVATION1 1/8" = 1' - 0"A303POTENTIAL SOLARPANEL LOCATIONSPOTENTIAL WINDTURBINE & SIGNAGERAINWATER CATCHMENTCISTERN (TYP)NORTH ELEVATION2 1/8" = 1' - 0"A303EAST ELEVATION3 1/8" = 1' - 0"A3034'8'16'1/8" = 1' - 0"GRAPHIC SCALE0'FIRST FLOOR0'SECOND FLOOR10'-0"T.O.GREENHOUSE16'-0"T.O.CO-GEN FLUE39'-4"CISTERN-6'POTENTIAL VENT(TYP)WEST ELEVATION4 1/8" = 1' - 0"A303FIRST FLOOR0'SECOND FLOOR10'-0"T.O.GREENHOUSE16'-0"T.O.CO-GEN FLUE39'-4"CISTERN-6'ELEVATION MATERIALS LEGENDABCDStudy Session Meeting of February 13, 2017 (Item No. 3) Title: PLACE Project Update and Application for Tax Increment Financing (TIF) AssistancePage 21 Meeting: Study Session Meeting Date: February 13, 2017 Discussion Item: 4 EXECUTIVE SUMMARY TITLE: Master License Agreement for Small Cell Antennas RECOMMENDED ACTION: None at this time. The purpose of this report is to provide the Council with information regarding staff’s efforts to develop a process to respond to requests from wireless providers to install small cell antennas within the City right- of- way. POLICY CONSIDERATION: Does the City council support the proposed process to evaluate requests from wireless providers to allow the installation of small cell antennas within the City right-of-way? SUMMARY: In 2015, the City of St. Louis Park, along with a number of other metro cities, began to see requests by several wireless carriers to attach “small cell” communication antennas on City owned infrastructure in its right- of- way. These antenna proposals were for equipment significantly smaller than what our current Zoning Code (Cities Communication Towers and Antennas Section 36-368) was intended to regulate. While the requests did not comply with current City ordinance on Communication Towers and Antennas, it was clear that these requests were for less invasive equipment that the code was intended to regulate. In response, a task force was formed by staff to establish policies and procedures for the review, approval and installation of Small Cell and Distributed Antenna Systems (DAS) within right-of-ways. The task force evaluated the technology applications and appearance with the intent to provide fair and reasonable access to providers on City-owned infrastructure located within the right of way. And, in doing so, also ensure that the proposed communication antennas and associated equipment are installed in appropriate locations, compatible with the surrounding land uses and in accordance with federal, state and local laws. Attached to this report is a summary of the task force work, background on small cell antennas, and a proposed administrative review process. Also attached is a proposed Master License Agreement, which will be required for each vendor proposing antennas in the City of St. Louis Park. The individual agreements will be brought to the City Council for approval requests come in from various wireless carriers. FINANCIAL OR BUDGET CONSIDERATION: The cost associated with installation and operation of these facilities within the right- of- way would be the responsibility of the provider. Additional details regarding cost are spelled out in the Agreement. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Master Licensing Agreement Verizon Proposed Small Cell Antenna Locations Prepared by: Phillip Elkin Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager Study Session Meeting of February 13, 2017 (Item No. 4) Page 2 Title: Master License Agreement for Small Cell Antennas DISCUSSION BACKGROUND: Telecommunications companies have begun to utilize a new technology to serve their customers in order to keep up with the increased demand for data by cellular users. These new antennas are called “small cell” and are a fraction of the size of traditional cell deployments (macro cells) which are found on the top of water towers and buildings. These new antennas are small enough to fit on utility poles, street lights, and other smaller structures provided that the structure can support the weight of the equipment. Each carrier is experiencing different coverage issues, so the proposals for small cells vary in location and installation. Similarly, a technology called a Distributed Antenna System (DAS) is also being deployed nationally by these companies. DAS is a small antenna with a radio unit and a fiber link to a local tower antenna which allows Telecommunications companies to more accurately determine the location of cell signals. This system allows these companies to comply with recent changes to Federal Communication Commission rules regarding the transmission of 911 calls to increase the accuracy of location information. Because these types of antennas need a power source, the most efficient way to get these new antennas up and in service is to utilize existing infrastructure which already have a power supply. To achieve this, wireless providers have been approaching cities and counties with a request to install these facilities within the right- of- way on existing street light poles and traffic signal poles. At this time, these types of antennas are not found in the City of St. Louis Park or most metro area cities. In 2014, AT&T and Verizon were the first telecommunication companies to approach the City of St. Louis Park for installing these antennas in the right-of-way by submitting “work in the right- of-way” applications. While these applications went beyond the scope of a simple right-of-way permit and were not allowed by the Zoning Code 36-368, Staff recognized that the change of technology needed to be addressed with either changes to the code or further guidance on installation. On February 9, 2015, Staff first presented this issue to City Council as part of an informational report asking for direction in proceeding with the applications. The Council expressed support of the installations in the West End area, but did not support plans to install ground equipment in residential boulevards. In response, City Staff formed a task force to review the new technology and develop standards along with a streamlined review and approval (or denial) process for the installation of these antennas on light poles and traffic signals and other possible installations within the public right-of-way. After reviewing this issue and conferring with other municipalities, the task force developed a plan in which each telecommunication company would enter into a Master License Agreement (MLA) with the City which outlines the terms and conditions of each antenna the provider installs in the city. Once the MLA, a separate application would be made for each individual antenna proposed. This includes location, construction plans and details on electrical feeds and schematic drawings of the antenna and equipment. Study Session Meeting of February 13, 2017 (Item No. 4) Page 3 Title: Master License Agreement for Small Cell Antennas The Community Development staff determined that the current zoning ordinance can support the placement of small cell antennas on existing utility poles located in the public right-of-way provided that all equipment is on the pole. Therefore the current zoning ordinance 36-368, would not need to be amended. Small Cell Task Force The small cell task force includes representatives from the Engineering, Operations and Recreation, Community Development, and Information Resources departments. The goals of this taskforce were to develop a process for review of these requests and a master license agreement. The Review Process •Pre-Application Review (DRC) •Master License Agreement •Completed Permit Application Submitted - 45 Day Clock Begins •Task Force Review – Approx. 2 weeks after application submitted •Approval - Issuance of Permit Or •Denial -Letter Sent To Applicant Informing Them of Denial & Reason •Inspection/Permit Close Out •Collect As-Built Data within 30 Days •Documentation in GIS •Add Installation to Billing Cycle for Pole Rental Highlights of the Master Licensing Agreement •A right-of-way license agreement between Telecommunication providers and the City. •Sets the conditions in which the City can approve or deny location of poles and/or antennas. •Allows the City to set terms of aesthetics and mounting of antennas and equipment •Requires applicant to provide engineered drawings •Outlines the responsibility of the applicant on maintenance, repair and replacement •$1,500 a year for rent per pole •$1,500 a year for electricity per pole •$1,000 application fee for each pole •$2,500 onetime administration fee for MLA •$5,000 security deposit per pole to ensure the removal of the equipment at the end of the antenna lifespan •Set term limits (5 years) and extensions on the agreement Registered Telecommunication Provider Applications (Verizon) Verizon is the first telecommunication companies to have submitted an acceptable plan and agree to the terms of the MLA. We will be using this MLA as a standard for future agreements. The proposed application is for three locations in the West End area along Park Place Boulevard. The applicant plans to remove 3 existing light poles, and replace them with a reinforced pole (from the same manufacturer) that maintains the look and appearance of the original structure, but includes mounting locations for small cell equipment. Working with Verizon on the design allowed the City to develop a process to respond to other requests. We will be bringing the Verizon agreement to the City Council for approval on February 21. Study Session Meeting of February 13, 2017 (Item No. 4) Page 4 Title: Master License Agreement for Small Cell Antennas Non- Registered Telecommunication Provider Applications In 2014, the City also received a small cell installation request from Mobilitie, a third party service provider. The Mobilitie business plan is to install small cell and DAS equipment and then sell the signal to cellular service providers. The City Attorney advised the task force not to negotiate or include Mobilitie into a MLA until we can verify their status as an authorized public utility or telecommunication provider in Minnesota. Potential Federal and State Involvement It should also be noted that there is much discussion at both the state and federal levels regarding small cell and distributed antenna systems (DAS). At the state level, a bill was introduced in the Minnesota House with the intent to remove some of the controls that cities have over our right- of- way in order to remove costs and barriers for wireless providers. At the federal level, the Federal Communications Commission’s (“FCC”) Wireless Bureau released a Public Notice seeking comment generally on local wireless facilities’ siting policies as they apply to small cell infrastructure. While this action was prompted by the petition of one provider, the implications of any decisions could apply to all providers. At play at both the state and federal levels are competing goals: First, providers wish to erect new facilities, often within public rights-of-way, that will provide increased capacity to serve users of wireless services. These services include both voice and data. Customers (including cities) also want to ensure performance of wireless services is robust. Second, competing with this goal are siting policies for the erection and maintenance of these new facilities. Among the concerns are the aesthetics, safety, and operational concerns that these new facilities may present. These facilities are not inconspicuous and providers often wish to utilize existing public infrastructure such as street lights and traffic signals. Much of potential legislative or agency action is trying to balance streamlining an installation process for providers with the ability for local units of government to retain local decision making authority. Whether it’s in commercial or residential areas, it has been the position of local units of government that conditions for placement of these facilities should remain with the local unit of government and its siting, land use, and zoning requirements. Of course, such requirements need to be applied consistently among equal applications. Small cells and DAS are not likely to go away. For many years, wireless providers have established their large cell installations on structures such as city water towers. The next frontier for current (4G) and coming (5G) wireless technologies will likely require many, many small cell installations closer to where people live and work to be successful. The League of Minnesota Cities and National League of Cities are very involved in the effort to retain local control on these issues. 1 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 MASTER LICENSE AGREEMENT This Master License Agreement (the "Agreement") made this ____ day of __________, 201 , between the CITY OF ST. LOUIS PARK, MINNESOTA, with its principal offices located at 5005 Minnetonka Boulevard, St. Louis Park, MN 55416, hereinafter designated as “LICENSOR” and VERIZON WIRELESS (VAW) LLC d/b/a VERIZON WIRELESS, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated as “LICENSEE”. LICENSOR and LICENSEE are at times hereinafter collectively referred to as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, LICENSOR is the owner of certain Poles, as hereinafter described, which are located within the public right-of-way of the LICENSOR (“ROW”) and LICENSOR further holds a leasehold or other possessory interest in, certain properties and/or facilities, which are located within the City (“LICENSOR’S Property”); and WHEREAS, LICENSEE desires to install, construct, maintain and operate communications and related equipment for the purposes and uses as hereinafter set forth (the “LICENSEE’S Communication Facility”) in and/or upon certain of LICENSOR'S Poles (as hereinafter defined), ROW and/or on LICENSOR’S Property; and WHEREAS, LICENSOR and LICENSEE desire to enter into this Agreement to define the terms, covenants and conditions which govern the use of the LICENSOR’S Poles, ROW and LICENSOR’S Property with respect to particular sites at which LICENSOR may grant a license to LICENSEE to construct, install, maintain and operate the LICENSEE’S Communication Facility; and WHEREAS, LICENSOR and LICENSEE acknowledge that they may enter into a license supplement in the form attached hereto as Exhibit “A” (“Supplement”), with respect to each particular location or site which the LICENSOR grants the LICENSEE a license to install LICENSEE’S Communication Facility for the uses granted herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto, for themselves, their successors and assigns, do hereby covenant and agree as follows: I. LICENSEE'S USE OF PREMISES a. Permitted Uses. Subject to the terms, covenants and conditions of this Agreement, LICENSEE’S Communication Facility may be used solely for the following purposes: (i) the transmission and reception of wireless communication signals, and uses incidental thereto. including, but not limited to, wireless and internet services (“LICENSEE’S Wireless Services”); and (ii) for the purpose of installing, repairing, maintaining, removing and operating LICENSEE’S Communication Facility in accordance with this Agreement and in Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 5 2 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 accordance with the transmission and reception of wireless communication signals authorized for use by LICENSEE by the Federal Communications Commission (“FCC”) (“Permitted Uses”). The use of the LICENSOR’S Poles, ROW and/or LICENSOR’S Property by the LICENSEE is non-exclusive, and LICENSOR reserves the right to allow LICENSOR’S Poles, ROW and LICENSOR’S Property to be used by others, provided they do not interfere with LICENSEE’S use of LICENSEE’S Communication Facility. LICENSEE shall construct, install, maintain, repair, operate and use each Premises (as hereinafter defined) only in accordance with the terms, covenants and conditions of this Agreement, good engineering practices and in compliance with all applicable Federal Communications Commission (“FCC”), and other federal, state and local ordinances, statutes, laws and regulations. b. Before LICENSEE shall use any of LICENSOR'S Poles, conduits, conductor pull boxes, appurtenances and related equipment, ROW and/or LICENSOR’S Property under this Agreement, the same shall be more fully described in each Supplement to be executed by the Parties, and shall hereinafter be referred to as the "Premises", LICENSEE shall submit an application in the form attached hereto as Exhibit “B” (the “Application”) along with a proposed Supplement for each proposed Premises, and shall comply with all the terms, covenants and conditions of this Agreement. c. LICENSEE shall have the non-exclusive right, at its sole cost and expense, to use each Premises, as identified in each individual Supplement, for the purpose of constructing, installing, maintaining, repairing and operating LICENSEE’S Communications Facility consistent with the terms of this Agreement. d. If, in the judgment of LICENSOR, LICENSEE'S proposed use of the LICENSOR’S Poles, ROW, or LICENSOR’S Property, is inconsistent with the LICENSOR’S uses thereof and does not comply with the terms, covenants or conditions of this Agreement, or any of the LICENSOR’S ordinances, rules, regulations, the LICENSOR, in its sole discretion, shall have the right to deny the Application of the LICENSEE. LICENSOR shall within forty- five (45) days after the receipt of a fully completed and executed Application and a Supplement by LICENSEE, notify LICENSEE in writing whether the Application is approved or denied. If LICENSOR does not notify LICENSEE within the forty-five (45) days from the date that the Application was submitted, the Application shall be deemed denied. e. With each Application and Supplement, LICENSEE shall furnish LICENSOR detailed Construction Plans and Specifications for each individual Premises (“Plans”), together with necessary maps, indicating specifically the Poles, ROW and/or LICENSOR’S Property, LICENSEE proposes be used for LICENSEE’S Communication Facility on each Pole, equipment necessary for LICENSEE'S use, including any existing poles to be replaced (“Replacement Pole”), or any additional Pole LICENSEE proposes to install (“New Pole”), and any new installations for utility transmission conduit, pull boxes, and appurtenances. In addition, LICENSEE shall provide LICENSOR with a propagation study evidencing that LICENSEE needs to use the proposed Pole, Poles and/or Premises as a result of LICENSEE not having the current coverage and/or capacity from any current LICENSEE’S Wireless Services (“Propagation Study”). LICENSOR may waive the propagation study. Upon execution of a Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 6 3 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 Supplement by LICENSOR, for each Premises, LICENSEE shall have the right to use the Premises for LICENSEE’S Communication Facility and may proceed to install the same, according to the terms of the applicable Application, Supplement, Plans and this Agreement. LICENSEE and its contractors and employees shall perform all LICENSOR’S work at its own expense and in such manner as to not interfere with LICENSOR'S use of any Pole, ROW on the applicable Premises or LICENSOR’S Property. f. All Poles used by LICENSEE under this Agreement, including any Replacement Pole or New Pole installed by LICENSEE, shall remain and/or become the property of LICENSOR, and any cost and/or expense incurred by the LICENSEE for changes to existing Poles, conduits, conductor pull boxes, facilities, and appurtenances or related equipment, or installation of any Replacement Poles or New Poles, conduits, conductor pull boxes, facilities, or appurtenances or related equipment, under this Agreement shall not entitle LICENSEE to ownership of said Poles, conduits, conductor pull boxes or facilities or appurtenances or related equipment. LICENSEE shall upon the completion of the installation of a Replacement Pole or a New Pole deliver to LICENSOR a bill of sale for the applicable Replacement Pole or New Pole in the form attached hereto as Exhibit “D” (“Bill of Sale”). g. LICENSOR reserves the right, in its sole discretion, to exclude any of LICENSOR'S Poles, towers, conduits, conductor pull boxes, appurtenances, ROW and/or LICENSOR’S Property from use by LICENSEE. II. PREMISES Pursuant to all of the terms, covenants and conditions of this Agreement, the applicable Application and Supplement executed by LICENSOR, LICENSOR agrees to license to LICENSEE the applicable Premises, for the Permitted Use and the construction, installation, repair, operation and maintenance of the applicable LICENSEE’S Communication Facility, together with the non-exclusive right of ingress and egress over the applicable ROW or LICENSOR’S Property, and seven (7) days a week, twenty four (24) hours a day to and from the Premises. LICENSOR'S light poles, traffic control poles, and other poles, including any Replacement Pole or New Pole and/or towers in which LICENSOR grants LICENSEE the right to use for LICENSEE’S Communication Facility are hereinafter referred to individually as "Pole" or jointly as "Poles". LICENSOR'S ROW and LICENSOR’S Property are herein sometimes referred to jointly as the "Property". The primary use and purpose of the Poles and LICENSOR’S Property, inclusive of the Premises, is to provide for traffic control, street lighting and the health, safety and welfare of the citizens of the LICENSOR and the general public. LICENSOR'S operations and use of the Poles Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 7 4 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 and LICENSOR’S Property for LICENSOR’S Communication System take priority over LICENSEE'S use thereof. LICENSEE agrees that the following priorities of use, in descending order, shall apply in the event of interference with the LICENSOR’S Communication System for emergency public safety needs, Premises repair or reconditioning, or other conflict while this Agreement is in effect, and LICENSEE'S use shall be subordinate accordingly: (1) LICENSOR’S use; (2) Public safety agencies, including law enforcement, fire, and ambulance services that are not related to LICENSOR; (3) Other governmental agencies where use is not related to public safety; (4) Pre-existing licensees (if any); (5) LICENSEE’S Permitted Use. In the event there poses an immediate threat of substantial harm or damage to the health, safety and welfare of the public and/or Property/Premises, as solely determined by LICENSOR ("Public Threat"), the LICENSOR may take any and all actions the LICENSOR determines are required to address such Public Threat provided that promptly after such actions that affect the Premises, and in no event later than seventy-two (72) hours after such actions, LICENSOR gives written notice to LICENSEE of LICENSOR'S emergency actions. If LICENSOR determines that the conditions of a Public Threat would be benefited by cessation of LICENSEE'S operations of the applicable LICENSEE’S Communication Facility, LICENSEE shall immediately cease its operations on the Premises upon notice from LICENSOR, and the Term (as herein defined) of the applicable Supplement shall terminate. In the event there are not sufficient electric and telephone, cable or fiber utility sources located at the Premises or on the Property, LICENSEE may request approval from the LICENSOR, by submitting to LICENSOR a written plan for installation, to install such utilities on, over and/or under the ROW and/or Property, to a Pole and/or the Premises as necessary for LICENSEE to operate its Approved Use (“Utility Plan”). All electric, telephone, cable, fiber or other utility necessary for the operation of LICENSEE’S Communication Facility, hereinafter referred to jointly as “Utilities” shall be installed underground by use of direction boring or within the applicable Pole. LICENSOR shall, in its sole discretion, notify LICENSEE that it approves, denies or requires that the Utility Plan be modified within thirty (30) business days of receipt of the Utility Plan, and in the case of any denial or modification of the Utility Plan, LICENSOR shall state the reasons therefor. LICENSEE must, at the time of Application and at any future time as requested by LICENSOR, obtain and submit to LICENSOR a structural engineering study carried out by a qualified structural engineer, showing that the Pole or Poles are able to support the LICENSEE’S Communication Facility (“Structural Study”). Said Structural Study must be signed by an engineer licensed in Minnesota per State Rule 1800.4200 and Minnesota Statute 326. If the Structural Study finds that any Pole or structure is inadequate to support the proposed loads of Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 8 5 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 LICENSEE’S Communication Facility, LICENSEE shall not install the LICENSEE’S Communication Facility and the Application shall be denied. III. INSTALLATION OF LICENSEE’S COMMUNICATION FACILITY a. Plans LICENSEE shall provide LICENSOR with two (2) sets of the Plans consisting of the following: For the initial installation of the applicable LICENSEE’S Communication Facility and for any and all subsequent revisions and/or modifications thereof, or additions thereto; Line or CAD drawings showing the location and materials of the planned installations of the applicable LICENSEE’S Communication Facility and an Engineer's Estimate of all materials and construction methods; Diagrams, Shop Drawings and Pictures of the applicable LICENSEE’S Communication Facility; A complete and detailed inventory of all of LICENSEE’S antennas, cable and other equipment and personal property of LICENSEE’S Communication Facility to be installed on the Premises; All Plans shall be easily readable and subject to the written approval by LICENSOR prior to installation of the applicable LICENSEE’S Communication Facility, which approval shall not be withheld, conditioned or delayed without cause. LICENSOR shall have forty-five (45) business days to review and comment on the Plans. Should the Plans need to be revised based on the comments provided by LICENSOR and/or LICENSOR’S structural engineer, no construction of the applicable LICENSEE’S Communication Facility shall commence until final approval has been granted by LICENSOR. The Plans shall have affixed to them the signature of LICENSEE'S engineer who shall be duly licensed in the State of Minnesota per Minnesota Rule 1800.4200 and Minnesota State Statute 326. b. Construction Scheduling At least ten (10) business days prior to LICENSEE'S construction mobilization for installation of LICENSEE’S Communication Facility for the applicable Premises, LICENSEE shall conduct a meeting with LICENSOR and all applicable contractors on the Premises or other location as agreed upon and at a minimum the meeting shall be attended by a representative of LICENSOR and LICENSEE’S contractors and all of the parties involved in the installation of LICENSEE’S Communication Facility. c. Construction Inspection Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 9 6 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 All construction activity shall be subject to inspection and approval by LICENSOR and/or LICENSEE’S engineers. Inspection may be performed at any time during the course of the construction activity reasonably determined by LICENSOR, at LICENSEE'S expense. Construction work performed without approval of LICENSOR will not be accepted and shall be removed or uninstalled at LICENSEE'S sole expense. LICENSEE shall be solely responsible for all costs associated with said inspection and approval of the installation of LICENSEE’S Communication Facility by LICENSOR and/or its engineers. d. Exposed LICENSEE’S Communication Facility All of LICENSEE’S Communication Facility equipment that is to be affixed to a Pole which has exterior exposure shall be as close to the color of the Pole as is commercially available to the LICENSEE. For exposed cables, wires or appurtenances, LICENSOR reserves the right to require LICENSEE to provide cables, wires or appurtenances in manufactured colors which are commercially available, in lieu of painting. e. Damage by LICENSEE of Pole and/or Property Any damage to a Pole on the Premises or the Property, or any other of LICENSOR'S structures or equipment caused by LICENSEE in any manner shall be repaired or replaced at LICENSEE'S sole cost and expense and to LICENSOR'S satisfaction within thirty (30) days of written notice by LICENSOR to LICENSEE setting forth the required repairs. f. As-Built Drawings Within thirty (30) days after LICENSEE activates the LICENSEE’S Communication Facility, LICENSEE shall provide LICENSOR with an “As-Built” drawing in electronic file format compatible with LICENSOR'S record file system consisting of “As-Built” drawings of the LICENSEE’S Communication Facility installed at the applicable Premises or Property, which shall show the actual location of all LICENSEE’S Communication Facility equipment. Said drawings shall be accompanied by a complete and detailed site survey of the Property and an inventory of all LICENSEE’S Communication Facility equipment. g. Permits for Installation LICENSEE is required to obtain from LICENSOR, or any other applicable governing agency, any and all permits required for a complete installation of LICENSEE’S Communication Facility or any utilities necessary for the operation of LICENSEE’S Communication Facility, at LICENSEE’S sole cost and expense. Said permits shall include, but not be limited to: Obstruction/Excavation, Meter Hooding, Storm Water, etc. Applicable fees for any permits shall be borne by LICENSEE and LICENSEE shall be bound by the requirements of said permits. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 10 7 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 h. Alterations or Modifications. LICENSEE may not add, change, modify or alter any of LICENSEE’S Communication Facilities from that set forth and/or shown on the applicable Plan or as then currently constructed, without the prior written approval of the LICENSOR, which approval shall not be unreasonably withheld, conditioned or delayed. LICENSEE agrees to reimburse LICENSOR for all reasonable costs incurred by the LICENSOR in connection with any alteration, modification, or addition to, LICENSEE’S Communication Facility pursuant to this paragraph, including but not limited to plan review, structural review, site meetings, inspection time, and as-built updating because of LICENSEE’S changes, and attorney’s fees for drafting and and/or reviewing documents. IV. MAINTENANCE, REPAIR OF POLES, PROPERTY AND LICENSEE’S COMMUNICATION FACILITY (a) Poles and Property LICENSOR reserves the right to take any and all action LICENSOR deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Poles and/or the Property. (b) Structure Reconditioning and Repair (1) From time to time, LICENSOR paints, reconditions, or otherwise improves or repairs the Poles and Property or structures or improvements thereon ("Reconditioning Work"). LICENSEE shall cooperate with LICENSOR to allow LICENSOR to carry out the Reconditioning Work in a manner that minimizes any interference with LICENSOR'S Reconditioning Work. (2) Except in cases of emergency, prior to commencing Reconditioning Work, LICENSOR shall provide LICENSEE with not less than thirty (30) days prior written notice of the Reconditioning Work, LICENSOR intends to perform. Upon receiving such notice, it shall be the sole responsibility of LICENSEE to take adequate measures to cover or otherwise protect the applicable LICENSEE’S Communication Facility from the consequences of such activities, including but not limited to paint, splatter and/or debris fallout. LICENSOR reserves the right to require LICENSEE to remove all LICENSEE’S Communication Facility during LICENSOR’S Reconditioning Work. (3) During LICENSOR'S Reconditioning Work, and with written approval of LICENSOR in LICENSOR’S sole discretion, LICENSEE may maintain a mobile site on the Premises or on any land owned or controlled by LICENSOR in the immediate area of the Premises. If the Premises will not accommodate mobile equipment, it shall be LICENSEE'S responsibility to locate auxiliary sites for LICENSEE’S Communication Facility during the Reconditioning Work. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 11 8 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 (4) LICENSEE may request a modification of LICENSOR'S procedures for carrying out Reconditioning Work in order to reduce the interference with LICENSEE'S permitted use of a Pole or the Premises. If LICENSOR agrees to the modification, LICENSEE shall be responsible for all incremental cost and expense related to the modification of LICENSOR’S procedures for the Reconditioning Work. (c) Premises LICENSEE shall, at its own cost and expense, maintain LICENSEE’S Communication Facility in good repair, normal wear and tear excepted and in a safe condition, and in compliance with all applicable fire, health, building, and other life safety codes. LICENSEE shall obtain from LICENSOR any and all permits required for the purposes of maintaining the LICENSEE’S Communication Facility and pay all applicable fees for any permits required by LICENSOR. V. CONDITION OF PREMISES Where the Premises and/or Property includes one or more Poles licensed by LICENSOR under this Agreement, LICENSOR agrees to keep and maintain the Poles in good repair and condition as LICENSOR deems to be necessary for their primary use and in the ordinary course of business of LICENSOR. LICENSOR makes no warranty or guarantee as to the condition of any Pole or Premises with regard to LICENSEE'S intended use of the same. VI. TERM, RENT AND FEES a. Term. This Agreement shall be for an initial term of ten (10) years (“Initial Term”) commencing upon the execution hereof by both Parties. Each Supplement shall be effective as of the date of execution of the applicable Supplement by both Parties (the "Effective Date"). The initial term of each Supplement shall be for five (5) years, and shall commence on the first day of the month following the day that the applicable Supplement is signed by both Parties (the "Commencement Date") and shall terminate on the termination of the Initial Term or any applicable Renewal Term. On the Commencement Date of each Supplement, payment of the applicable Rent shall commence and be due at the annual Base Rent as set forth in this Agreement and shall be paid as hereinafter set forth. LICENSOR and LICENSEE acknowledge and agree that the payment of the initial Base Rent and any electrical service reimbursement payment, discussed below, for each Supplement shall be made by LICENSEE within sixty (60) days of the applicable Commencement Date. b. Rent. To reimburse LICENSOR for its costs related to the mangement of the Premises, inclusive of Property management and LICENSEE’S use of a Pole and the Premises, LICENSEE shall pay to LICENSOR as and for rent ("Base Rent"), One Thousand Five Hundred and No/100 Dollars ($1,500.00) per year for each Pole described in a Supplement upon which LICENSEE has been granted approved for a LICENSEE’S Communication Facility. If practical, as determined by LICENSEE in its sole discretion, and if permitted by the local utility company servicing the Premises, LICENSEE shall furnish and install an electrical Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 12 9 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 meter for the measurement of electrical power used by LICENSEE's installation. If an electrical meter is not installed, LICENSOR shall be paid $1,500.00 per year for electrical service. Each Supplement shall list whether an electrical meter will be installed or whether LICENSOR shall be paid for electrical service. The first year’s Base Rent and any electrical service reimbursement payment due on all Supplements with a Commencement Date, other than January 1st, shall be prorated to the end of the year in which the Commencement Date occurs. For example, for all Supplements executed by LICENSOR and LICENSEE, the first year's Base Rent shall be pro-rated to the end of 2016 based on the actual Commencement Date for year 2016 and the remaining days in 2016. Similarly, for all Supplements that expire or otherwise terminate on a date other than December 31 of any year, the Base Rent shall be prorated from the beginning of the year to the end of the month in which the Supplement expires or otherwise terminates. Subsequent to the initial payment of pro-rated Base Rent in the year of the Commencement Date, the Base Rent due hereunder for all subsequent years shall be paid on or before January 1st of each succeeding year. LICENSEE shall pay LICENSOR, in addition to the Base Rent, the following if not already paid by LICENSEE: all building and permit fees. LESSEE further agrees to pay LESSOR an application fee in the sum of $1,000.00 at the time it applies for each Supplement, which shall be non-refundable. The parties acknowledge and agree this application fee shall be paid whether or not LICENSOR grants the LICENSEE the permit for the applicable LICENSEE’S Communication Facility. In addition, LICENSEE shall pay to LICENSOR a one-time, lump-sum administrative fee of Two Thousand Five Hundred Dollars ($2,500.00), which shall be paid within sixty (60) days after the execution of this Agreement by both Parties. Upon agreement of the Parties, LICENSEE may pay the Base Rent by electronic funds transfer and in such event, LICENSOR agrees to provide to LICENSEE the LICENSOR’S bank routing information for such purpose upon request of LICENSEE. VII. EXTENSIONS This Agreement shall be reviewed at the end of the Initial Term by LICENSOR and LICENSEE and this Agreement may be extended three (3) additional five (5) year terms (each a “Renewal Term”) by mutual agreement of LICENSOR and LICENSEE. Any extensions shall be memorialized in writing signed by both Parties. Absent an extension in writing this Agreement shall terminate at the end of the Initial Term or any subsequent Renewal Term. Each Supplement shall automatically be extended for one (1) additional five (5) year term, or until the expiration or termination of this Agreement, whichever is earlier, unless LICENSEE terminates it at the end of the Initial Term or any Renewal Term by giving LICENSOR written notice of the intent to terminate at least three (3) months prior to the end of the then current term. The Initial Term and all Renewal Terms under a Supplement shall be collectively referred to herein as the "Term." Notwithstanding anything herein, after the Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 13 10 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 expiration of this Agreement, its terms and conditions shall survive and govern with respect to any remaining Supplements in effect until their expiration or termination. VIII. USE; GOVERNMENTAL APPROVALS LICENSEE shall use the Poles and Premises only for the Permitted Use. It is understood and agreed that LICENSEE'S license to use the Premises is contingent upon its obtaining and maintaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or other governmental authorities as well as a satisfactory structural analysis, as stated in this Agreement. LICENSOR shall cooperate with LICENSEE in its effort to obtain such approvals. In the event that (i) any application for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated; or (iii) LICENSEE determines that such Governmental Approvals may not be obtained in a timely manner, LICENSEE shall have the right to terminate the applicable Supplement. Notice of LICENSEE'S exercise of its right to terminate shall be given to LICENSOR in accordance with the notice provisions set forth herein and shall be effective upon the later of: (a) the receipt of such notice as set forth in NOTICE section of this Agreement; (b) upon such later date as designated by LICENSEE; or (c) upon LICENSEE'S removal of the LICENSEE’S Communication Facility as required under the terms and conditions of this Agreement. All Base Rent paid to said termination date shall be retained by LICENSOR. Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other thereunder. Otherwise, the LICENSEE shall have no further obligations for the payment of Base Rent to LICENSOR for the terminated Supplement. IX. INDEMNIFICATION LICENSEE shall indemnify and hold LICENSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use of the Poles, Property and/or the Premises by LICENSEE, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused solely by the negligence or willful misconduct of LICENSOR, or its employees, contractors or agents. X. INSURANCE a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Poles, Premises or Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and release shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 14 11 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 b. LICENSEE agrees that at its own cost and expense, it will maintain commercial general liability insurance with limits of $4,000,000 per occurrence for bodily injury (including death) and $4,000,000 general aggregate. LICENSEE will provide Certificates of Insurance evidencing the coverage required and including LICENSOR as an additional insured as its interest may appear under this Agreement. The insurance policies shall be issued by a company (rated A:VII or better by Best Insurance Guide) licensed, authorized or permitted to do business in the State of Minnesota. The policies shall be primary and noncontributory. c. LICENSEE shall maintain worker's compensation insurance in compliance with the statutory requirements of the State of Minnesota and Employer's Liability with a limit of $1,000,000 each accident/disease/policy limit and shall provide for waiver or subrogation by the insurance company. XI.LIMITATION OF LIABILITY LICENSOR shall be not be liable to the LICENSEE, or any of its respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. XII. ANNUAL TERMINATION Notwithstanding anything to the contrary contained herein, provided LICENSEE is not in default hereunder beyond any applicable notice and cure periods, LICENSEE shall have the right to terminate each Supplement upon the annual anniversary of the Commencement Date of said Supplement provided that LICENSEE gives LICENSOR three (3) months prior written notice. XIII. INTERFERENCE LICENSEE shall implement all measures at the transmission site required by FCC regulations, including but not limited to posting signs and markings. LICENSOR shall cooperate with and permit LICENSEE to implement all reasonable measures in order for LICENSEE to fulfill its FCC obligations. LICENSOR agrees that in the event any future party causes an applicable Premises to exceed FCC Radio Frequency radiation limits, as measured on the Premises, LICENSOR shall hold such future party liable for all such later-arising non- compliance. LICENSEE agrees to install LICENSEE’S Communication Facility, in compliance with all FCC rules and regulations, and good engineering practices and according to the Plans, Application, applicable Supplement and this Agreement. LICENSEE further agrees that the LICENSEE’S use of the LICENSEE’S Communication Facility will not cause radio frequency interference to LICENSOR’S Communication Systems, provided such systems are lawfully installed and properly operated. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 15 12 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 In the event of interference with LICENSOR’S Communication Systems, LICENSEE shall, within twenty-four (24) hours after LICENSEE’S receipt of notice of such interference from LICENSOR, as provided in this Section, eliminate the interference or cease using LICENSEE’S interfering equipment, except for short tests necessary for the elimination of the interference, until the interference is cured to the reasonable satisfaction of the LICENSOR. If LICENSEE, in the event of interference with LICENSOR’S Communication Systems, fails to correct the interference within twenty-four (24) hours or cease using the interfering equipment within said time, except for testing purposes, or demonstrate that the LICENSEE’S Communication Facility is not the cause of the interference, LICENSEE shall cease operation of its Communication Facility. It is further agreed that LICENSOR does not guarantee to LICENSEE non-interference to the operation of LICENSEE’S Communication Facility by LICENSOR’S Communication Systems or other current users of the Premise or the Property (if any). LICENSOR will use its best efforts to notify other users of the Premises or Property of the interference, and to coordinate elimination of interference among the LICENSEE and other users of the Premises or Property. The parties agree that such reasonable evidence of interference that is likely caused by LICENSEE’S use or operation of LICENSEE’S Communication Facility warrants an emergency response and the Notices provision in this Agreement shall not apply. Rather, LICENSOR shall provide LICENSEE reasonable evidence that the interference is likely caused by the LICENSEE’S use or operation of LICENSEE’S Communication Facility verbally by telephone to LESSEE’S Network Operations Center at (800) 224-6620. Upon LICENSOR providing LICENSEE notice of reasonable evidence that any interference is likely caused by LICENSEE’S use or operation of LICENSEE’S Communication Facility, LICENSEE shall send a qualified technician or representative to the Premises within eight (8) hours from the time that the notice of reasonable evidence is provided by LICENSOR. The required eight (8) hour emergency response time under these circumstances is applicable 24 hours a day, 7 days a week. The qualified technician or representative shall be capable of assessing the situation and eliciting the necessary response, including any repairs, alterations or modifications to LICENSEE’S Communication Facility. XIV. REMOVAL AT END OF TERM LICENSEE shall, prior to the expiration of the applicable Term, or within ninety (90) days after any earlier termination of a Supplement, remove LICENSEE’S Communication Facility, conduits, fixtures and all personal property and restore the applicable Pole and Premises to its original condition, reasonable wear and tear excepted. LICENSOR agrees and acknowledges that all of LICENSEE’S Communication Facility, conduits, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same at any time during the Term. All Poles, conduit and pole boxes are and shall remain property of LICENSOR. If LICENSEE fails to remove LICENSEE’S Communication Facility from the applicable Premises, LICENSEE shall pay rent at twice the then existing monthly rate or the existing monthly pro-rata basis if based upon a longer payment Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 16 13 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 term, until such time as the removal of LICENSEE’S Communication Facility, fixtures and all other personal property are completed. Within sixty (60) days of the full execution of this Agreement, LICENSEE shall at its cost and expense, deliver to LICENSOR a cash security deposit ("Security Deposit") in favor of LICENSOR in the amount of Five Thousand and No/100 Dollars ($5,000.00) to secure LICENSEE'S obligation to remove the LICENSEE’S Communication Facilities according to the terms and conditions of this Agreement. In the event LICENSEE fails to remove the LICENSEE’S Communication Facilities and restore the Property, reasonable wear and tear and casualty damage excepted, LICENSOR may do so and LICENSEE shall reimburse LICENSOR for all costs incurred by LICENSOR in removing the LICENSEE’S Communication Facility and restoring the Property. LICENSOR may draw upon the Security Deposit in an amount that will reimburse LICENSOR for its actual costs to remove any of LICENSEE’S Communication Facilities and any amount remaining of the Security Deposit after the removal of LICENSEE’S Communication Facility by the LICENSOR will be refunded to LICENSEE. If the Security Deposit is insufficient to cover LICENSOR'S cost of removing any of LICENSEE’S Communication Facilities, LICENSEE shall pay to LICENSOR the deficiency within thirty (30) days of written notice of the amount of the deficiency. XV. NO REPRESENTATION OR WARRANTY – CONDITIONAL GRANT LICENSOR makes no representation or warranty regarding the condition of its title to the Property or its right to grant to LICENSEE use or occupation thereof under this Agreement. The license granted herein is “as is” and “where is.” LICENSEE is entering into this Agreement and LICENSEE'S use of a Pole, Premises or a Property is subject to LICENSEE'S own investigation and acceptance. LICENSEE'S rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to LICENSOR'S interest in the Property that may affect or limit LICENSOR'S right to grant those rights to LICENSEE. XVI. ASSIGNMENT This Agreement and each Supplement under it may be sold, assigned or transferred by the LICENSEE without any approval or consent of the LICENSOR to the LICENSEE'S principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LICENSEE'S assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization. As to all other parties, this Agreement and each Supplement may not be sold, assigned or transferred without the express written consent of LICENSOR. LICENSEE shall provide written notice of all sales, assignments or transfers within 60 days thereof. No change of stock ownership, partnership interest, or, control of LICENSEE shall constitute an assignment hereunder. In the event of any sale, assignment or transfer, LICENSEE shall not be relieved of any of its obligations under this Agreement or any of the Supplements whose term has not expired or otherwise terminated at the time of such sale, assignment or transfer. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 17 14 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 XVII. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LICENSOR: City of St. Louis Park Attn: Facility Manager 5005 Minnetonka Boulevard St. Louis Park, MN 55416 LICENSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. XVIII. DEFAULT In the event there is a breach by a Party with respect to any of the provisions of this Agreement or any Supplement or its obligations hereunder, the non-breaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty (30) days in which to cure any breach, provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. A Party's failure to cure a breach within the time period set forth herein shall constitute a "Default". XIX. REMEDIES In the event of a Default by either Party, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such Default, the non-defaulting Party may terminate this Agreement and/or the applicable Supplement and/or may pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the State of Minnesota. Further, upon a Default, LICENSOR may at its option (but without obligation to do so), perform LICENSEE'S duty or obligation on LICENSEE'S behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by LICENSOR shall be due and payable by LICENSEE upon invoice therefor. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 18 15 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 XX. CASUALTY In the event of damage by fire or other casualty to the Pole or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or which LICENSOR elects not to repair, or if the Pole or Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE'S operations at the Premises for more than forty-five (45) days, then LICENSEE may, at any time following such fire or other casualty, provided LICENSOR has not completed the restoration required to permit LICENSEE to resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior written notice to LICENSOR. Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Supplement. The rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LICENSEE'S use of the Premises is impaired. XXII. APPLICABLE LAWS, RULES AND REGULATIONS LICENSEE shall, at LICENSEE'S sole cost and expense, comply with (a) all ordinances, rules, laws and statutes of all applicable governmental agencies including, but not limited to, the LICENSOR’S, to the extent that they relate to LICENSEE'S use of a Pole and/or Premises; and (b) all building codes due to the installation of LICENSEE’S Communication Facility being made by LICENSEE to a Pole and/or Premises. XXII. CONDEMNATION If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of this Agreement or the applicable Supplements shall cease as of the date of the granting of the petition or the date of the closing. All rentals paid to said termination date shall be retained by LICENSOR. Any award, compensation, or damages, shall be paid to and be the sole property of LICENSOR, but nothing herein shall preclude LICENSEE from claiming against the condemning authority with respect to moving expenses and loss of personal property, and receiving an award therefor. XXIII. DATA PRACTICES This Agreement and the Supplements are subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by LICENSEE in performing any of the functions of the LICENSOR during performance of this Agreement or a Supplement is subject to the requirements of the Data Practice Act and LICENSEE shall comply with those requirements as if it were a government entity. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 19 16 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 XXIV. MISCELLANEOUS a. Approval of Supplement. Each Supplement to this Agreement shall be executed by the Mayor and the City Manager after the LICENSEE has complied with all of the terms, covenants and conditions of this Agreement and the applicable Application has been approved. b. Authority. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of that Party has the full right, power and authority to enter into and execute this Agreement on that Party’s behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. c. Complete Agreement; Amendments. This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between the LICENSOR and the LICENSEE. This Agreement may only be amended in writing signed by all Parties. All Exhibits are incorporated into this Agreement by reference. d. Binding Effect. The terms and conditions of this Agreement shall run with the Premises and Property, inure to the benefit of and be binding on the respective Parties and their respective successors and permitted assignees. e. Enforcement and Attorneys’ Fees. The prevailing Party in any action or proceeding in court to enforce the terms of this Agreement including any appeals shall be entitled to receive its reasonable attorney’s fees and other reasonable costs and expenses from the non-prevailing party. f. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. g. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. h. Estoppel Information. Each Party shall from time to time, within sixty (60) days after written request from the other Party, execute, acknowledge and deliver an estoppel certificate indicating that this Agreement and any amendments thereto are in full force and effect, setting out the current monthly rental amount, date rent is paid through, expiration date of the then current term, and acknowledging that there are not, to such Party’s knowledge, any uncured defaults, or specifying such defaults, if any, are claimed. i. Brokers. If either Party is represented by a real estate broker in this transaction, that Party shall be fully responsible for any fee due such broker in this transaction, and shall hold the other Party harmless from any claims for commission by such broker. j. No Waiver. No provision of this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or any other act or omission of either Party. No waiver by either Party of any provisions of Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 20 17 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. k. Recitals. The Recitals set forth above in this Agreement are hereby incorporated in this Agreement as though they were set forth in the body hereof. [Remainder of Page Intentionally Blank-Signatures on Following Page] Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 21 18 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LICENSOR: City of St. Louis Park, Minnesota By: Jake Spano Title: Mayor Date: AND By: Tom Harmening Title: City Manager Date: LICENSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Name:_______________________ Title: _______________________ Date: Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 22 19 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 EXHIBIT "A" LICENSE SUPPLEMENT 1.This Supplement ("this Supplement") is made this ____ day of _______, 2016 between the City of St. Louis Park, Minnesota, with its principal offices located at 5005 Minnetonka Boulevard, St. Louis Park, Minnesota 55416 ("LICENSOR"), and Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("LICENSEE"). 2.Master License Agreement. This Supplement is a Supplement as referenced in that certain Master License Agreement between LICENSOR and LICENSEE, dated the _____ day of ____________, 2016, (the "Agreement"). The LICENSOR and LICENSEE agreed that all of the terms, covenants and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement and are in full force and effect except as they may be modified by this Supplement. In the event of a conflict, contradiction, modification or inconsistency between any term of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 3.Premises. The Property owned by LICENSOR is located at ________________ ______________________, St. Louis Park, Minnesota 55416 the Premises licensed by the LICENSOR to the LICENSEE hereunder is described on Exhibit "1" attached hereto and made a part hereof. 4.Term. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement. 5. Consideration. The annual Base Rent for this Supplement shall be One Thousand Five Hundred and No/100 Dollars ($1,500.00) and shall be payable as set forth in the Agreement. [Insert one of the following. "LICENSEE shall furnish and install an electrical meter for the measurement of electrical power used by LICENSEE's installation." Or, if an electrical meter is not installed: "LICENSOR shall be paid $1,500.00 per year for electrical service."] 6. Site Specific Terms. (Include any site-specific terms) Any Replacement Pole and/or New Pole installed by LICENSEE pursuant to the Plans at the location shown on Exhibit 1 attached hereto upon completion of the installation of the Pole shall be conveyed to LICENSOR without consideration to or from LICENSOR pursuant to a Bill of Sale. LICENSOR will thereafter be responsible for the Pole as provided in the Agreement. LICENSEE shall at LICENSEE’S sole cost and expense, remove, dispose and/or discard any Pole that LICENSEE removed and installed a Replacement Pole in place thereof. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 23 20 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal the day and year first above written. LICENSOR: City of St. Louis Park By: [EXHIBIT ONLY - NOT FOR EXECUTION] Jake Spano Title: Mayor Date:________________________________ AND By: [EXHIBIT ONLY - NOT FOR EXECUTION] Tom Harmening Title: City Manager Date: LICENSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: [EXHIBIT ONLY - NOT FOR EXECUTION] Name: ______________________ Title: Date: Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 24 21 3414357v1 Small Cell Master License Agreement City of St. Louis Park 189966v2 EXHIBIT 1 Premises (Include Map, Pole Diagram, Plans and Table Listing All Pole Locations) Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 25 EXHIBIT “B” LICENSE SUPPLEMENT APPLICATION FOR CITY REVIEW UNDER AGREEMENT BETWEEN CITY AND VERIZON DATED THE _____ DAY OF __________, 2016 (“AGREEMENT”) 1. Attach one (1) set of detailed construction plans and specifications (“Plans”) and one (1) completed engineering grade plan sheets for each site (“Grade Plans”) signed by a Minnesota Licensed Engineer and one electronic copy of each. 2. Attach the application fee of $0.00; checks payable to the City. 3. Attach copy of permission from a Pole owner if any Pole is owned by an agency or party other than the City. 4. If Plans and Grading Plans are approved by City, one (1) set of each with City comments will be returned (emailed) to the Applicant. 5. Submit a check in the amount of $0.00, to be held in escrow by the City, to be used by the City to pay all Administrative Fees incurred by the City under the terms of the Agreement, the balance, if any, to be returned upon construction completion and delivery of completed as-builts in AutoCAD format to the City. The following items must be checked and on file prior to Application being considered complete for review. Master License Agreement (if applicable)Performance Bond Applicants Name:__________________________ Phone Number:______________ Fax Number:______________ Email Address:________________________ Company Name:___________________________ Phone Number:______________ Fax Number:_______________ Billing Address:________________________________________ City:_______________ State:____ Zip:_________ Company Job/ID Number:___________________________________________ LOCATION:______________________________________________________________________________________ DESCRIPTION OF WORK:__________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ STRUCTURAL REPORT:_________________________ CONSTRUCTION SCHEDULE: Start Date:___________ Number of Construction Days During Schedule:____________ Completion Date:_____________ By signing this application, I (the applicant/company) hereby acknowledge that I must adhere to all provisions of the City Ordinance Sec. _______ and any other applicable ordinances. The applicant shall also comply with the regulations of all other governmental agencies for the protection of the public. APPLICANT’S SIGNATURE:____________________________________________ DATE:_____________________ For Office Use: Plan Meeting Date:_____________ Agenda Item Number:_____________ Approved Plan Number:_____________ Application Received:_____________ Decision Deadline:_____________ Date Stamp: Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 26 EXHIBIT “C” REQUIREMENTS FOR SMALL CELL WIRELESS TELECOMMUNICATION FACILITIES POLE ATTACHMENTS/EXTENSIONS 1. . All communications equipment shall be installed in accordance with applicable laws and LICENSEE shall comply with all laws, ordinances, rules and regulations adopted by LICENSOR. Within the public rights‐of‐way, the location of the communications equipment shall be subject to the reasonable and proper regulation, direction and control of the LICENSOR, or the official to whom such duties have been delegated by LICENSOR. LICENSEE and its contractors shall give LICENSOR reasonable notice of the dates, location, and nature of all work to be performed on its communications equipment within the public rights‐of‐way. Following completion of work in the public rights‐of‐way, LICENSEE shall repair any affected public rights‐of‐way as soon as possible, but no later than the time frame established by the permit issued by the LICENSOR. No street, alley, highway, or public place shall be encumbered for a longer period than shall be necessary to execute the work authorized by the applicable Supplement and this Agreement. 2. A completed as-built, in an AutoCAD or comparable format, must be submitted to the City at the completion of the project. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 27 EXHIBIT “D“ BILL OF SALE FOR VALUABLE CONSIDERATION, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (“Seller”) sells and conveys to the City of St. Louis Park, Minnesota (“Buyer”), the following personal property: one (1) pole except any of Seller’s communications equipment affixed thereto (the “Personal Property”) located in the public right-of-way of ___________________________ in the City of St. Louis Park, State of Minnesota as described in License Supplement ______ between the Buyer and Seller dated the _____ day of ___________, 2016. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE PERSONAL PROPERTY’S MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BY ITS ACCEPTANCE OF THIS BILL OF SALE, BUYER ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL PROPERTY AND BUYER ACCEPTS THE SAME. This Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in the Personal Property, but this shall not convey any of the communications equipment or appurtenances of Seller that are installed, attached, mounted or otherwise connected to the Personal Property. This Bill of Sale contains the entire agreement and representations of the parties related to the sale of the Personal Property, may not be altered except by a written instrument signed by both parties, and shall be construed in accordance with the laws of the State of Minnesota. SELLER: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By:__________________________________ Name:______________________ Title:_______________________ Date:_______________________ Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 28 ----------------------------------------------------------------------------------------------------------------------------------------------------------1 SITE NAME: MIN WESTEND SC1 SITE NUMBER: 20141033208 verizon" LOCATION CODE: 290225 SITE INFORMATION APPROXIMATE ADDRESS: 1587 PARK PLACE BLVD. ST. LOUIS PARK, MN 55416 HENNEPIN COUNTY LATITUDE & LONGITUDE: LAT: 44°-58'-06.55"N LONG: 93 °-20'-58.46"W GROUND ELEVATION: 879' AMSL (PER 1 A CERTIFICATE) POLE HEIGHT: 23'-0" T.O.C. MAXIMUM APPURTENANCE HEIGHT: 23'-9"AG.L. APPLICABLE CODES ALL WORK SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES: -2012 INTERNATIONAL BUILDING CODE-2014 NATIONAL ELECTRIC CODE-TIA/EIA-222-G OR LATEST EDITION NORTH SITE TYPE: SMALL CELL POLE TYPE: REPLACEMENT 23' LIGHT POLE AREA MAP LOCATION MAP PROJECT DESCRIPTION/SOW • INSTALL (1) REPLACEMENT 23-FT STEEL LIGHT POLE AND ASSOCIATED CONCRETEFOUNDATION • INSTALLATION OF PANEL ANTENNAS • INSTALLATION OF ERICSSON RRU'S AND POWER CONVERTERS • INSTALLATION OF LOAD CENTER/BREAKER BOX • INSTALLATION OF SPLITTERS • INSTALLATION OF HAND HOLE FOR FIBER AT POLE BASE, BY PROVIDER • INSTALLATION OF CONDUIT FOR FIBER BETWEEN HAND HOLE AND POLE BASE (APPROX. 2'-0"), TO BE TRENCHED BELOW GRADE, BY VERIZON • INSTALLATION OF CONDUIT FOR FIBER IN ROW TO BE DIRECTIONALLY BORED BELOW GRADE, BY PROVIDER '""°"" "" • INSTALLATION OF CONDUCTORS FOR ELECTRIC IN EXISTING CONDUIT BETWEENPOLE BASE AND POWER SOURCE, IN ROW, BY VERIZON • INSTALLATION OF GROUND RING AROUND POLE FOUNDATION • ALL OTHER CONSTRUCTION RELATED ACTIVITIES TO BE COMPLETED BY OTHERS PROJECT DIRECTORY SHEET INDEX NO: SHEET TITLE T-l TITLE SHEET & PROJECT DATA C-1 SITE PLAN A-l POLE ELEVATION A-2 MOUNTING DETAILS A-3 EQUIPMENT DETAILS A-4 EQUIPMENT DETAILS A-5 CABLE MOUNTING DETAILS E-l CABLING DETAILS E-2 ELECTRICAL NOTES G-1 GROUNDING PLAN G-2 GROUNDING DETAILS 11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED IN THE EVENT OF CONFLICT, THE MOST RESTRICTIVE CODE SHALL PREVAIL.t------------------------------tl----------------------------tl-----------------------1 -----------0 LOCATION SCAN NORTH ------------------------ • C[tt,.,.ltUIIU LESSEE: VERIZON WIRELESS 10801 BUSH LAKE RD BLOOMINGTON, MN 55438 CONTACT: COURTNEY BEDNARZ PHONE: 952.946.4694 ENGINEERING COMPANY: EDGE CONSULTING ENGINEERS, INC. 17645 JUNIPER PATH SUITE 105 LAKEVILLE, MN 55044 CONTACT: OTTO DINGFELDER Ill, P.E. PHONE: 608.644. 1449 SITE ACQI IISITIQN· JACOBS ENGINEERING GROUP, INC. 2727 PATTON ROAD ROSEVILLE, MN 55113 CONTACT: AMY DRESCH PHONE: 952.831. 1043 l.ESSQR: CITY OF ST. LOUIS PARK 5005 MINNETONKA BLVD. MINNEAPOLIS. MN 55416 PHONE: 952.924.2500 RE ENGINEER· VERIZON WIRELESS 10801 BUSH LAKE RD BLOOMINGTON, MN 55438 CONTACT: NITHY A JAIPURIYAR THESE SITE PLANS ADHERE TO ALL OF THE REQUIREMENTS CALLED OUT IN THE JURISDICTION PLANNING AND ZONING FOR ANTENNAS AND SUPPORT STRUCTURES WHERE SITE IS LOCATED. CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS/CONDITIONS ON SITE. IMMEDIATELY NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO PERFORMING ANY WORK OR BE RESPONSIBLE FOR THE SAME. ENGINEER OF RECORD EDGE CONSULTING ENGINEERS, INC. CONTACT: OTTO DINGFELDER Ill (PE# 49720 (MN)) PHONE: 608.644.1449 STRUCTURAL REVIEW LIGHT POLE STRUCTURAL ANALYSIS TO BE COMPLETED. CONTRACTOR TO REVIEW STRUCTURAL REPORT IN ITS ENTIRETY. ANY DISCREPANCIES OR DISAGREEMENTS BETWEEN THE REPORT AND THESE PLANS SHOULD BE RESOLVED PRIOR TO CONSTRUCTION. verizonv' JACoes· Jacobs Engineering Group, Inc 2727 Patton Road Roseville, Minnesota 55113 www.jacobs.com �Edge Consulting Engineers, Inc. 17645 Juniper Path. Sutte 105 Lakeville, MN 55044 608.644. 1449 voice 608.644. 1549 fax www.edgeconsult.com PROJECT NO: 20141033208 EDGE PROJECT NO: 14778 DRAWN BY: TKB CHECKED BY: OGD REV. DATE DESCRIPTION A OB/11/2016 PRELIM SMALL CELL DWGS TKB B OB/30/2016 PRELIM SMALL CELL DWGS TKB I HEREBY CERTIFY THAT THIS PLAN, SPECFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. MIN WESTEND SCl ST. LOUIS PARK. MN REPLACEMENT LIGHT POLE SMALL CELL DRAWINGS SHEET TITLE TITLE SHEET & PROJECT DATA SHEET NUMBER T-� © EDGE CONSULTING ENGINEERS, INC. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 29 ----------------------------------------------------------------------------------------------------------------------------------------------------------1 AERIAL OVERVIEW SITE OVERVIEW [LOOKING EAST] SITE OVERVIEW [LOOKING NORTH] PARKING J ( LOT \ \ \ \ \C) ="i" �"NOW>� \ \ \ C) C) EXISTING BIKE/WALK PATH \ C) \ \C) PROPOSED 2' SCH 40 CONDUIT FOR FIBER OPTIC SERVICES BETWEEN BASE OF POLE AND HAND HOLE, BY VERIZON, rP\OX. 2r± IN LENGTH PROPOSED HAND HOLE/DEMARC, BY PROVIDER, VERIFY FINAL LOCATION PrOR TO 1oNSTRUCTION PROPOSED FIBER OPTIC SERVICE ROUTE TO FOLLOW EXISTING RIGHT Of WAY, BY PROVIDER, VERIFY FINAL ROUTE PRI\R TO }ONSTRUCTION (GO�J \ \ I I ic w ® w EXISTING CITY OWNDED CONDUIT FOR ELECTRICAL SERVICE, LOCATION TO BE VERIFIED. VERIFY FINAL SOURCE AND ROUTE PRIOR TO CONSTRUCTION, BY VERIZON. -- G ----"""""--"""'--1..IJ.:a;al;l;=;;;;;j SCALE: ll"xl7'-1'=10' 22" X 34"-l' =5' 10' verizonv' JAcoes· Jacobs Engineering Group, Inc 2727 Patton Road Roseville, Minnesota 55113 www.jacobs.com �Edge Consulting Engineers, Inc. 17645 Juniper Path, Sutte 105 Lakeville, MN 55044 608.644. 1449 voice 608.644. 1549 fax www.edgeconsult.com PROJECT NO: 20141033208 EDGE PROJECT NO: 14778 DRAWN BY: TKB CHECKED BY: OGD REV. DATE DESCRIPTION A 08/11/2016 PRELIM SMALL CELL DWGS TKB B 08/30/2016 PRELIM SMALL CELL DWGS TKB I HEREBY CERTIFY THAT THIS PLAN, SPECFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS Of THE STATE Of MINNESOTA. MIN WESTEND SCl ST. LOUIS PARK, MN REPLACEMENT LIGHT POLE SMALL CELL DRAWINGS SHEET TITLE SITE PLAN SHEET NUMBER C-1 © EDGE CONSULTING ENGINEERS, INC. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 30 ----------------------------------------------------------------------------------------------------------------------------------------------------------1 NODE INFO PO: Full Node Name: (Name SC2 Nodelll) MIN WESTEND SC1 CoordlBalH I DEG MIN I SEC LATITUDE! 44 58 I 6.55 LONGITUDE! 93 20 I 58.46 Ground Ele11ation: 879 ·-·-... ,, ....... zm• NORTH RADIO Band eNBID Model DU# DU Port# AZIMUTH I PosmON I QlY I 30 1.1 1 1.2 AWS RRUSU B4 l.l 1.4 PCS RRUSUB2 1.5 1.6 170 1.1 I 1.2 RF Splitter. (4) S-2-CPUSE-H-Ni6 1.3 1.4 1.5 1.6 COAX QTY I lYPE I M ... I M00£l l)IELECTRI� , ... I RUN TERMINATE PORTS JUfflpl!!f Commscopo! lfD4-50 Foam ur TBO Jumpe, CommS((lp,t LFD4·SO fo.Dm 1/7 TBO Jump!!!f Commscopl!!! lfD4-50 Foam 1/2" TBO JumJ)l!!r Commscopl!!! lf04-50 Fo,m 1/2' TBO TERMNATf PORTS Juri1�4 Com11iox0� LfD<'l-50 fetar'ri 1/7 TBO Jumpt, Comm:1.cope LF04·.SO Fixim 1/2" TBO Jump!!f Commsropo! LfD4-.50 Fo,m 1/2" TBO Jumper Co11u1\SCOpt Lfl>l-50 ro.m 1/7 TBO 0 ANTENNA AND COAX SCALE: NTS PROPOSED ANTENNA AZIMUTH AT 30 ° ! .•.. ANTENNA MFR. I MODEL I PORTI C/L I ADJ El£ClllT I MECH TILT J MA WI RELCSS X7CQAMR0•260 +45 19.S 0 0 700 -45 AWS +45 AWS -45 PCS +45 PCS -45 JMA WIRELESS X7CQAP-FR0·260 +45 19.5 0 0 700 -45 AWS +45 AWS -4S PCS +4S PCS -45 Referto "2·Sectar PCS-AW5 Plumblrn!• Tilb LIGHT POLE ELEVATION = TYPICAL INSTALLATION SHOWN. All ELEVATIONS ARE ASSUMED TO BE MEASURED FROM ABOVE GRADE LEVEL. All PROPOSED POLE-MOUNTED EQUIPMENT TO BE PAINTED TO MATCH POLE. All PROPOSED ATIACHMENTS TO BE ATIACHED TO POLE EXTERIOR BY USE OF HEAW DUTY STAINLESS STEEL BAND STRAPS. SITEPROl LPMl MOUNT. OR PIPE-TO-PIPE CLAMPS. LIGHT POLE FOUNDATION, BY POLE MANUFACTURER LIGHT POLE ELEVATION SCALE: 11' X 17" · 1" = 5'-0" 22" X 34" - 1 11 = 21-611 verizonv' JACoes· Jacobs Engineering Group, Inc 2727 Patton Road Roseville, Minnesota 55113 www.jacobs.com �Edge Consulting Engineers, Inc. 17645 Juniper Path, Sutte 105 Lakeville. MN 55044 608.644. 1449 voice 608.644.1549 fax www.edgeconsult.com PROJECT NO: 20141033208 EDGE PROJECT NO: 14778 DRAWN BY: TKB CHECKED BY: OGD REV. DATE DESCRIPTION A 08/11/2016 PRELIM SMALL CELL DWGS TKB B 08/30/2016 PRELIM SMALL CELL DWGS TKB I HEREBY CERTIFY THAT THIS PLAN. SPECFICATION. OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. MIN WESTEND SCl ST. LOUIS PARK, MN REPLACEMENT LIGHT POLE SMALL CELL DRAWINGS SHEET TITLE POLE ELEVATION SHEET NUMBER A-.-. ©EDGE CONSULTING ENGINEERS, INC. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 31 ----------------------------------------------------------------------------------------------------------------------------------------------------------1 AERIAL OVERVIEW SITE OVERVIEW [LOOKING NORTHEAST] SITE OVERVIEW [LOOKING WEST] (GRASS) I I w I \ \ EXISTING UTILITY LINE (TYP.) \ EXISTING BIKE/WALK PATH (_J w PROPOSED 2" SCH 40 CONDUIT FOR FIBER OPTIC SERVICES BETWEEN BASE OF POLE AND HAND HOLE. BY VERIZON, TPROi, 2'-0'f IN LENGTH PROPOSED HAND HOLE/DEMARC, BY PROVIDER, VERIFY FINAL LOCATION PrOR T� COrTRU,CTION PROPOSED FIBER OPTIC SERVICE ROUTE TO FOLLOW EXISTING RIGHT OF WAY, BY PROVIDER, VERIFY FINAL ROUTE PRIOR TO CONSTRUCTION \ w w w w w w w w w w w w [] \ \ 0 'U � 'U REPLACEMENT 23' LIGHT PCLE 'EXISTING CITY OWNDED CONDUIT FOR ELECTRICAL SERVICE, .. LOCATION TO BE VERIFIED. VERIFY FINAL SOURCE AND ROUTE :·, �RIOR TO CONSTRUCTION, BY VERIZON. 0 SCALE: ll"xl7'-l'=l0' 22" X 34"-l' =5' NORTH 10' verizonv' JAcoes· Jacobs Engineering Group, Inc 2727 Patton Road Roseville, Minnesota 55113 www.jacobs.com �Edge Consulting Engineers, Inc. 17645 Juniper Path, Sutte 105 Lakeville, MN 55044 608.644. 1449 voice 608.644.1549 fax www.edgeconsult.com PROJECT NO: 20151281329 EDGE PROJECT NO: 14779 DRAWN BY: TKB CHECKED BY: OGD REV. DATE DESCRIPTION A 08/11/2016 PRELIM SMALL CELL DWGS TKB B 08/30/2016 PRELIM SMALL CELL DWGS TKB I HEREBY CERTIFY THAT THIS PLAN, SPECFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. MIN WESTEND SC2 ST. LOUIS PARK, MN REPLACEMENT LIGHT POLE SMALL CELL DRAWINGS SHEET TITLE SITE PLAN SHEET NUMBER C-1 © EDGE CONSULTING ENGINEERS, INC. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 32 ----------------------------------------------------------------------------------------------------------------------------------------------------------1 NODE INFO RADIO ANlENNA Band eNSIO Model cu, OUPOl'UI' AZIMUTH I POSITION[ QTY l MFR. ' MOOE.L I PORT! C/L I AOJELECTILTI ri,ECHTILT PCI: Full Node: N�: {Name !iC2 Node"' 271) I.I I JMA WIRELESS XlCOAP-FR0-260 '4S 19.S 0 0 MIN WESTEND SC2 1.2 700 ·•S Coordin•u I DEG I MIN I SEC A;,S A.RUSU84 1.3 AWS '4S lAIDUOEI 44 I S8 I 1.39 L4 AWS ·•S LONGnuoEI 93 I 20 I 58.30 PCS RRUS12 Bl J.!, SPARE .., Ground Elev.itlon: I 882 L6 SPARE .45 1A Coordinams JI.Wle-17-2016 Rerer to" 1-Seclor PCS-AWS Plumblng" Tab COAX QlY TYPE MFR. I MODEL ptEl£CrR1d DIA. RUN TERMINATE PORTS Jumper Comm:.cope LFOO-SO Foam 1/2" TBD Jumper Commscope LF0<>-50 Foom 1/2" TBO hrnper Comrmcape lf[)4.50 '""m 1/2" lllO Jumper Commscope LFD<>-SO Foam 1/2" TBO 0 ANTENNA AND COAX SCALE: NTS PROPOSED ANTENNA AZIMUTH AT 270' <- ----- ®ANTENNA ORIENTATION SCALE: NTS LIGHT POLE ELEVATION 0 <( N @ z < 5' ::, a. a. < :;; :;; :;; 0 a. Q NOTE: MAKE AND MODEL OF POLE TO BE VERIFIED (!) 9 <( N '.? (!) "' <( N @ 9 .. 0 � a. @ � < z 15 :;; � < 0a. w <( :li z 0 � 9 0 � a. � Q @ != 0 z "' ::, a. 0 < 0 "' 0 e's � a. 0� u PROPOSED HAND HOLE = TYPICAL INSTALLATION SHOWN. All ELEVATIONS ARE ASSUMED TO BE MEASURED FROM ABOVE GRADE LEVEL. All PROPOSED POLE-MOUNTED EQUIPMENT TO BE PAINTED TO MATCH POLE. All PROPOSED ATIACHMENTS TO BE ATIACHED TO POLE EXTERIOR BY USE OF HEAW DUTY STAINLESS STEEL BAND STRAPS. SITEPROl LPMl MOUNT, OR PIPE-TO-PIPE CLAMPS. EXISTING LIGHT TO BE REINSTALLED. BY VERIZON _ _. ,_...�_PANEL ANTENNA TO BE SIDE MOUNTED TO PROPOSED POLE WITH PIPE-TO-PIPE CLAMPS l /2" JUMPER FROM PROPOSED RRU'S TO PROPOSED ANTENNA; l 5'-0" MAX. LENGTH; CABLING TO BE SECURED TO POLE BANNER ARM@ l 7'-0' A.G.L... (2) RADIO UNITS MOUNTED TO POLE EXTERIOR SITEPRO l LPM l MOUNT WITH (2) POWER CONVERTERS FOR RADIO UNITS MOUNTED TO RADIOS PER MANUFACTURER SPECIFICATIONS (l) ELECTRICAL OUTLET BOX@ 14'-0' A.G.L. C/L OF LOAD CENTER@ 14'-o' A.G.L; MOUNTED TO POLE EXTERIOR WITH HEAW DUTY STAINLESS STEEL BAND STRAPS POLE PENETRATION@ l 2'-0" A.G.L. (2) FIBER CABLES. ( l) 12/3 SO CABLE. AND ( l) HOMERUN GROUND CABLE TO BE ROUTED UP POLE INTERIOR REPLACEMENT 23' LIGHT POLE LIGHT POLE FOUNDATION, BY POLE MANUFACTIJRER LIGHT POLE ELEVATION SCALE: 11' X 17" -l" = 5'-0" 22" X 34" - 1 11 = 21-611 verizonv' JAcoes· Jacobs Engineering Group, Inc 2727 Patton Road Roseville, Minnesota 55113 www.jacobs.com �Edge Consulting Engineers, Inc. 17645 Juniper Path. Sutte 105 Lakeville. MN 55044 608.644.1449 voice 608.644.1549 fax www.edgeconsult.com PROJECT NO: 20151281329 EDGE PROJECT NO: 14779 DRAWN BY: TKB CHECKED BY: OGD REV. DATE DESCRIPTION A 08/11/2016 PRELIM SMALL CELL DWGS TKB B 08/30/2016 PRELIM SMALL CELL DWGS TKB I HEREBY CERTIFY THAT THIS PLAN, SPECFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. MIN WESTEND SC2 ST. LOUIS PARK, MN REPLACEMENT LIGHT POLE SMALL CELL DRAWINGS SHEET TITLE POLE ELEVATION SHEET NUMBER A-.-. © EDGE CONSULTING ENGINEERS, INC. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 33 ----------------------------------------------------------------------------------------------------------------------------------------------------------1 AERIAL OVERVIEW SITE OVERVIEW [LOOKING EAST] SITE OVERVIEW [LOOKING SOUTH] EXISTING BIKE/WALK PATH PROPOSED 2" SCH 40 CONDUIT FOR FIBER OPTIC SERVICES BETWEEN BASE OF POLE AND HAND HOLE, BY VERIZON, ArROX. 2'-0'± IN LENGTH PROPOSED HAND HOLE/DEMARC, BY PROVIDER, VERIFY FINAL LOCATION PR OR TO CONSTRUCTION PROPOSED FIBER OPTIC SERVICE ROUTE TO FOLLOW EXISTING RIGHT OF WAY, BY PROVIDER, VERIFY FINAL ROUTE PRIOR TO CONSTRUCTION :1 I I I I I LIGHT POLE EXISTING CITY OWNDED CONDUIT FOR ELECTRICAL SERVICE, LOCATION TO BE VERIFIED. VERIFY FINAL SOURCE AND ROUTE PRIOR TO CONSTRUCTION, BY VERIZON. EXISTING SIGN > .J w u c( .J D. � II c( D. SCALE: ll"xl7'-l'=l0' 22" X 34"-l" =5' NORTH 10' I verizon" JAcoes· Jacobs Engineering Group, Inc 2727 Patton Road Roseville, Minnesota 55113 www.jacobs.com �Edge Consulting Engineers, Inc. 17645 Juniper Path, Sutte 105 Lakeville, MN 55044 608.644. 1449 voice 608.644.1549 fax www.edgeconsult.com PROJECT NO: 20151281330 EDGE PROJECT NO: 14780 DRAWN BY: TKB CHECKED BY: OGD REV. DATE DESCRIPTION A OB/l l/2016 PRELIM SMALL CELL DWGS TKB B OB/30/2016 PRELIM SMALL CELL DWGS TKB I HEREBY CERTIFY THAT THIS PLAN, SPECFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. MIN WESTEND SC3 ST. LOUIS PARK, MN REPLACEMENT LIGHT POLE SMALL CELL DRAWINGS SHEET TITLE SITE PLAN SHEET NUMBER C-1 © EDGE CONSULTING ENGINEERS, INC. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 34 ----------------------------------------------------------------------------------------------------------------------------------------------------------1 I I I. I I I L I I NORTH PCI: NODflNFO I RADIO I ANTtN.'iiA I ......eNBIO Model DUI OUPortlll I flZIMUTII I POSITION) QTY I MJ:R. I Moon Full Nod• NMl•i {NillllNI 5C2 Nodlt#) 210 l1 1 JMAWlREl.ESS X7CQAP·FR0-200 MIN WESTEND SC3 L> ,m coor*iau I DEG MIN I SEC AW> RRUS17B4 1.3 AWS lAITTUDEI 44 57 I 57.07 L4 AWS LONGITUDE! 93 20 I 58.39 ,cs RRU!,12B2: H SPARE Gl'Clul"ldfleva.tiol\: 886 , .. SPARE JA Coordlnalft June-S.2016 Referto•t-S11�orPCS-,t,WS P'lumbil"III" Tab COAX IQlY lYPE MF� I MODEi. baEurnaq DIA. RUN TERMINATE PORTS ha,iper Commscope lf-()4.50 ,.... 1/2' ""' lwl'lfM'' Cftf'ft<l'IIMP* U:1),'1.§Q ,,,. J.,.nper Cornm1cope lF04-SO ,....1/2' lllO Jia,,l)f.'r C.Of'M'IUOI)!' UD4-50 ,..,, 1/r lllO 0 ANTENNA AND COAX SCALE: NTS PROPOSED ANTENNA AZIMUTH AT 210' ANTENNA ORIENTATION SCALE: NTS IPORTI C/L I AOJELECTllT I MECHTUT .. , 1.'15 0 0 -45 +45 .. , .. , .. , ®LIGHT POLE ELEVATION 0 <( N @ z < 5' ::, a_ a_ < :;; :;; :;; 0 a. Q NOTE: MAKE AND MODEL OF POLE TO BE VERIFIED (!) 9 <( N '.? (!) "' <( N @ 9-0 � a_ @ � < z 15 :;; � < 0a_ w <( :li z 0 � 9 0 � a_ � Q @ != 0 z "' ::, a. 0 <0 "'0 e's � a_ 0� u PROPOSED HAND HOLE = TYPICAL INSTALLATION SHOWN. ALL ELEVATIONS ARE ASSUMED TO BE MEASURED FROM ABOVE GRADE LEVEL. ALL PROPOSED POLE-MOUNTED EQUIPMENT TO BE PAINTED TO MATCH POLE. ALL PROPOSED ATIACHMENTS TO BE ATIACHED TO POLE EXTERIOR BY USE OF HEAW DUTY STAINLESS STEEL BAND STRAPS. SITEPROl LPMl MOUNT. OR PIPE-TO-PIPE CLAMPS. EXISTING LIGHT TO BE REINSTALLED. BY VERIZON _.._ ,_...�_PANEL ANTENNA TO BE SIDE MOUNTED TO PROPOSED POLE WITH PIPE-TO-PIPE CLAMPS 1 /2" JUMPER FROM PROPOSED RRU'S TO PROPOSED ANTENNA; 15'-0" MAX. LENGTH; CABLING TO BE SECURED TO POLE BANNER ARM@ 17'-0' A.G.L. (2) RADIO UNITS MOUNTED TO POLE EXTERIOR SITEPRO 1 LPM I MOUNT WITH (2) POWER CONVERTERS FOR RADIO UNITS MOUNTED TO RADIOS PER MANUFACTURER SPECIFICATIONS (I) ELECTRICAL OUTLET BOX@ 14'-0" A.G.L. C/L OF LOAD CENTER @ 14'-6" A.G.L.; MOUNTED TO POLE EXTERIOR WITH HEAW DUTY STAINLESS STEEL BAND STRAPS POLE PENETRATION @ 12'-0" A.G.L. BANNER ARM @ 12'-0" A.G.L. EXISTING SIGN@ 8'-11' A.G.L. TO BE REINSTALLED ON POLE (2) FIBER CABLES, (I) 12/3 SO CABLE. AND (I) HOMERUN GROUND CABLE TO BE ROUTED UP POLE INTERIOR REPLACEMENT 23' LIGHT POLE LIGHT POLE FOUNDATION, BY POLE MANUFACTIJRER LIGHT POLE ELEVATION SCALE: 11' X 17" -1" = 5'-0 " 22" X 34" - 1 11 = 21-611 verizonv' JAcoes· Jacobs Engineering Group, Inc 2727 Patton Road Roseville, Minnesota 55113 www.jocobs.com �Edge Consulting Engineers, Inc. 17645 Juniper Path. Sutte 105 Lakeville, MN 55044 608.644. 1449 voice 608.644. 1549 fax www.edgeconsult.com PROJECT NO: 20151281330 EDGE PROJECT NO: 14780 DRAWN BY: TKB CHECKED BY: OGD REV. DATE DESCRIPTION A 08/11/2016 PRELIM SMALL CELL DWGS TKB B 08/30/2016 PRELIM SMALL CELL DWGS TKB I HEREBY CERTIFY THAT THIS PLAN, SPECFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. MIN WESTEND SC3 ST. LOUIS PARK, MN REPLACEMENT LIGHT POLE SMALL CELL DRAWINGS SHEET TITLE POLE ELEVATION SHEET NUMBER A-.-. © EDGE CONSULTING ENGINEERS, INC. Study Session Meeting of February 13, 2017 (Item No. 4) Title: Master License Agreement for Small Cell Antennas Page 35 Meeting: Study Session Meeting Date: February 13, 2017 Discussion Item: 5 EXECUTIVE SUMMARY TITLE: 2017 City Council Workshop Follow-Up RECOMMENDED ACTION: The City Council is asked to review a summary of the results of the workshop, particularly related to race equity, and make changes as needed. POLICY CONSIDERATION: Is any other information needed? SUMMARY: On January 26 and 27, 2017, Council participated in their annual workshop. Thursday, January 26 consisted of discussion of Carver Governance, unwritten rules and Council norms and relational learning. A majority of the January 27 meeting consisted of conversation on advancing racial equity and putting ideas into action. A part of the afternoon was also spent discussing redevelopment matters. Attached are documents from the meeting for Council review. The purpose of the discussion is to review the attachments and make any updates or changes as needed. Since one of the Council’s priorities noted in the attachment relates to the Vision process and Race Equity, staff also plans on giving the Council an update on the outreach efforts being taken to encourage participation in Vision from all segments on the community. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Updated Unwritten Rules and Council Norms Advancing Racial Equity − Measures of Success – Ideas − Council Action Plan Prepared by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Summary Unwritten Rules/Council Norms City Council Meetings and Study Sessions •Let everyone speak •No side-conversations •Be respectful, open, and honest •Agree to disagree (when we disagree, we assume we are all working hard for what we think is best for the community) •Always assume the best of intentions from each councilmember •Don’t personalize •Don’t criticize staff in public •Praise in public, criticize in private •Once the vote is taken, we all work to “make-it-work” •Remember we represent the office, we are not the office •Make sure to provide staff sufficient time in advance of a meeting to answer questions you might have. •Study Sessions are primarily intended to allow for in-depth conversations between Councilmembers and with staff on items that are on the agenda. Mayor •Does not make motions •Will help us focus on Carver Governance •Will nudge us when we need nudging Council Members: •We “go out” after meetings to connect and socialize, no business is discussed. (Attendance is optional.) •If At-Large Council Members or Mayor get a call about a city issue, the Ward Council Member should be informed about the call. •If At-Large Council Members go to a Ward meeting, let council members know in advance. •If all Council receives an email, typically it will be the Ward Council Member that will handle the reply (unless it is forwarded to the City Manager to respond). •When possible, if Council receives mail, they should try to work through Tom so that citizen/customer doesn’t have to go back and forth. •At-Large Council Members fill in for Ward Council Members at meetings upon request. •National Night Out does not apply to an At Large Council Member informing the Ward Councilmember of the visits they plan to make. We all go. The same is true with public gatherings and elections. •The position of a ward councilmember on a topic in their ward will be given consideration by the rest of the Council. •If there is a motion to be made about something specific to a Ward, the Ward Council Member shares their perspectives and typically makes the motion. •Pay attention to media reporters. Inform City Manager, who will assist and communicate with the Mayor and Council as needed. You can also defer calls to Communications & Marketing Manager who can handle or assist. •Talk directly to the person when there is a problem. Study Session Meeting of February 13, 2017 (Item No. 5) Title: 2017 City Council Workshop Follow-Up Page 2 •If the Mayor or a Councilmember desires to take a personal public position on a non-city related matter, they will let the rest of the Council know in advance. City Manager: •Let City Manager know ahead of time if we want something pulled off of the Consent Agenda. •Let City Manager know if you are unable to attend a meeting. •Copy City Manager on dealings with staff. •Go to City Manager for “top/big bowls” questions. Study Session Meeting of February 13, 2017 (Item No. 5) Title: 2017 City Council Workshop Follow-Up Page 3 Advancing Racial Equity St. Louis Park City Council Workshop January 27, 2017 Facilitator: Gordon Goodwin Measures of Success - Ideas •Increase in share of City of St. Louis Park expenditures going to MBE vendors and contractors. •Increase in wealth creation (contracts and payments to MBE), making sure all city departments are aware of this and pursue use of vendors for opportunities of wealth creation. •Develop data to measure our current performance for racial equity. •Workforce that more closely reflects diversity of St. Louis Park. − Staff recommendation on how this is accomplished. •Hire a race equity advisor to City of St. Louis Park – a coach to help us. •Develop engagement and outreach to involve more City of St. Louis Park residents in civic life. − Currently occurring with Visioning process. •Increase in leadership development pathways for communities of color. − Council and others identify individuals; Nexus Community Partners has leadership development programs. •Add racial equity lens to Council lens. •How do we identify other community leaders? •How do we get them involved? •Mandate term limits for officer positions for community/neighborhood associations. •Work with families/children for leadership development. •Start racial equity discussions in the community. − Human Rights Commission Council Action Plan: Develop Measurable Steps for 2017 1.Gather information during Vision process on advancing racial equity, hearing voices and include this in all areas of Vision/Comp Plan. 2. Workforce Initiatives − Staffing: Initiatives to include avenues for success in hiring and advancing racial equity at our workplace. − Contractors and wealth creation (opportunities that open up inclusion with underrepresented groups/vendors). 3.Council to work on connecting with potential leaders in the community to diversify boards, commissions and involvement in other areas. 4.Council to work with HRC to continue to increase awareness in advancement of racial equity in the community, including outreach. Study Session Meeting of February 13, 2017 (Item No. 5) Title: 2017 City Council Workshop Follow-Up Page 4 Meeting: Study Session Meeting Date: February 13, 2017 Written Report: 6 EXECUTIVE SUMMARY TITLE: Proposed Allocation of 2017 Community Development Block Grant (CDBG) Funds RECOMMENDED ACTION: No action required at this time. This report is being provided to inform the Council of the proposed allocation of 2017 CDBG funds. POLICY CONSIDERATION: Does the City Council concur with the recommendations made for the allocation of $162,078 in 2017 CDBG funds? SUMMARY: Each year the city must decide how to use its annual allocation of CDBG Funds. CDBG funds are US Housing and Urban Development (HUD) funds distributed through Hennepin County. The city must submit its proposed use of the allocation to Hennepin County by February 24, 2017. Prior to submittal, the city must hold a public hearing. The hearing and official City Council action is scheduled for February 21, 2017. This year’s proposed use of CDBG funds reflects the city’s priorities to preserve existing housing and increase affordable ownership opportunities. Ninety-five percent of the allocation focuses on assisting low-income residents with emergency repairs, rehab loans, improvement projects and affordable ownership opportunities. The remaining amount is proposed for youth park programming at Meadowbrook Manor Park. FINANCIAL OR BUDGET CONSIDERATION: CDBG funds allow cities discretion (within HUD guidelines) to fund projects that meet the national low income objectives and the needs of cities. CDBG funding is expected to remain close to the fiscal year 2016 funding level; however, the federal budget has yet to be finalized. Hennepin County estimates St. Louis Park will receive $162,078 in 2017. The 2017 CDBG year runs from July 1, 2017 through June 30, 2018. Staff anticipates the proposed projects can expend the funds in a timely manner. The final funding amount may vary slightly from the estimate. Staff will keep council apprised of actual funding amounts. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Proposed Program Descriptions Draft Resolution Prepared by: Marney Olson, Assistant Housing Supervisor Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager Study Session Meeting of February 13, 2017 (Item No. 6) Page 2 Title: Proposed Allocation of 2017 Community Development Block Grant (CDBG) Funds DISCUSSION BACKGROUND: The national objectives of the CDBG program are to benefit low and moderate-income persons, prevention or elimination of slum or blight and/or to meet a particular urgent community development need. From a policy perspective, the city council has typically focused CDBG funds on “sticks and bricks” improvements to the housing stock for low-income families. A small portion of funds have also been allocated to support public services for St. Louis Park Housing Authority (SLPHA) residents and park programming for low-income youth. PRESENT CONSIDERATIONS: The proposed use of CDBG funds reflects the city’s priorities to preserve existing housing and increase affordable ownership opportunities. This year’s proposed allocation is summarized in Table 1 below. Ninety-five percent of the allocation focuses on assisting low-income residents with emergency repairs, rehab loans, home renovations and affordable ownership opportunities. The remaining amount is proposed for youth park programming at Meadowbrook Manor Park. Historically, the city has allocated CDBG funds to non-profit affordable housing providers to assist with their building renovations. One agency is still in process of spending previously allocated CDBG funds, but we will consider allocating funds again in 2018 to a non-profit affordable housing provider. Table 1: Proposed 2017 CDBG Allocation Project Activity Proposed Ongoing Activity Allocation Low Income Single Family Emergency Repair Program $45,000 yes Low Income Single Family Home Rehab Loan $79,578 yes Affordable Housing Land Trust – Homes within Reach $30,000 yes Public Service – Youth Park Programming at Meadowbrook Park $7,500 yes Total $162,078 NEXT STEPS: February 9, 2017 Publication of Public Hearing Notice February 21, 2017 Public Hearing and Approval of Resolution Outlining Proposed Activities February 24, 2017 Deadline for Submission of CDBG Application to Hennepin County Study Session Meeting of February 13, 2017 (Item No. 6) Page 3 Title: Proposed Allocation of 2017 Community Development Block Grant (CDBG) Funds Proposed Program Descriptions Emergency Repair Program – Single Family $45,000 This program is consistent with the council’s adopted housing goals and has proven its responsiveness to low income seniors and vulnerable residents with annual incomes of 50% or less of the median area income, or $30,350 for a single person household, and assets less than $25,000. It provides grants of up to $4,000 for emergencies such as leaking roofs, plumbing repairs, water heaters or code violations. Community Action Partners for Suburban Hennepin County (CAPSH) currently administers this program for the City. This is an ongoing CDBG activity. Low Income Single Family Deferred Loan Program - $79,578 This is the primary ongoing CDBG zero interest deferred rehab loan program targeted for homeowners with annual income of 50% or less of the median area income based on family size ($30,350 for a household of one, $42,900 for a household of 4) and assets less than $25,000. Families up to 80% of AMI would have a 3% simple interest rate. The rehab focuses on improvements to bring homes into code compliance and provide long-term maintenance free housing. The maximum loan amount is $30,000 and is forgiven after 15 years. Repayment is required if homeowners sell the property before the 15-year period expires. This program is administered by Hennepin County Housing staff. There is currently a waiting list for the low income single family deferred loan program so staff recommends an increase of approximately $10,000 to this project over 2016 funding levels. Continued funding, along with the program income realized from repayment of previous CDBG deferred loans, should make it possible to serve three to five residents depending on project scope. Affordable Housing Land Trust – Homes Within Reach - $30,000 Homes within Reach is a program of West Hennepin Housing Land Trust that purchases homes and sells them to low income homeowners. Buyers pay for the cost of the building only and lease the land for 99 years. St. Louis Park funds are leveraged with Met Council and Hennepin County HOME funds, and Homes within Reach administers this activity. Homes within Reach has purchased fourteen homes in the city that have been sold to low income families. They are under contract for a fifteenth home and have served 17 families with three resales. The current housing market has made finding affordable homes challenging in St. Louis Park for homeowners and Homes Within Reach; therefore, we are proposing an increase of $10,000 in funding for 2017. Public Service – SLP Park and Rec. Programming at Meadowbrook Manor Parks - $7,500 The Park and Recreation Department provides park programming to children at the Meadowbrook Manor Apartment Community. The $7,500 would provide an enhanced level of programming and ensure affordable registration fees. The youth park programming has been funded with CDBG funds since 2007. Meadowbrook Manor Park is CDBG eligible based on the poverty levels in this neighborhood. Study Session Meeting of February 13, 2017 (Item No. 6) Page 4 Title: Proposed Allocation of 2017 Community Development Block Grant (CDBG) Funds DRAFT RESOLUTION NO. 17 - ____ RESOLUTION APPROVING PROPOSED APPLICATION FOR 2017 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH URBAN HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of St. Louis Park has developed a proposal for the use of 2017 Urban Hennepin County Community Development Block Grant funds; and WHEREAS, the City held a public hearing on February 21, 2017 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of $162,078 from the 2016 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of St. Louis Park approves the following projects for funding from the 2017 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Urban Hennepin County/Consolidated Pool. BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2017 Community Development Block Grant Program. BE IT FURTHER RESOLVED, that should the final amount of FY2017 CDBG available to the city be different from the preliminary amount provided to the city, the City Council hereby authorizes the city manager to adjust project budget(s) to reflect an increase or decrease in funding. Reviewed for Administration: Adopted by the City Council February 21, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Project Activity Allocation Low Income Single Family Emergency Repair Program $45,000 Low Income Single Family Home Rehab Loan $79,578 Affordable Housing Land Trust – Homes within Reach $30,000 Public Service – Youth Park Programming at Meadowbrook Park $7,500 Total $162,078 Meeting: Study Session Meeting Date: February 13, 2017 Written Report: 7 EXECUTIVE SUMMARY TITLE: EMS Pathways Academy RECOMMENDED ACTION: None at this time. This report is intended to update the City Council on the Fire Dept.’s plans to collaborate with the City of Minneapolis Fire Department and the Hennepin County Emergency Medical Center EMS Education staff to encourage residents from St. Louis Park to participate in this academy POLICY CONSIDERATION: None at this time. Please inform staff of any questions you might have. SUMMARY: The EMS Pathways Academy is a program designed to train adults interested in employment in the emergency medical field. Students completing this academy will have a national certification as an Emergency Medical Technician. The St Louis Park Fire Chief along with the Minneapolis Fire Chief and Hennepin County Emergency Medical Services have been in discussions for the past year and a half exploring ways to expand the EMS Pathways program to include more St Louis Park residents. This program supports the work being done by both cities in the area of racial equity. EMS Pathways Academy would be a partnership between St Louis Park Fire Department, Minneapolis Fire Department, Hennepin EMS Education, and the first step in developing many initiatives in the area of EMS. Graduates from this academy could provide resources for future staffing needs for SLP Fire, including in the area of mobile integrated healthcare. City staff will be announcing to the community the scheduling of one or two informational meetings in February for St Louis Park residents and assist those with interest in completing the application. Interviews and evaluations would occur in March with the Academy starting in early April. The expansion of EMS knowledge will also support the continued efforts in getting more CPR trained residents who might be part of the PulsePoint solution that the SLP Fire Dept is also implementing. FINANCIAL OR BUDGET CONSIDERATION: None at this time. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Informational Flyer Prepared by Minneapolis Prepared by: Steve Koering, Fire Chief Approved by: Tom Harmening, City Manager Study Session Meeting of February 13, 2017 (Item No. 6) Page 2 Title: EMS Pathways Academy DISCUSSION BACKGROUND: The City of Minneapolis Fire Department in a partnership with Hennepin County Medical Center EMS Education developed this innovative program to address the growing need for trained personnel in emergency medical services. The intent was to reach out to a more diverse population set, increase opportunities for jobs in less than traditional areas, and to create a recruit pipeline for the Minneapolis Fire Department. In its first year there were approximately 25 students who successfully moved on from the application process, three of which were St Louis Park residents. The program achieved significant results in creating employment and economic stability for the participants. The first year outcomes for the program were as follows; 3-4 students did not finish, 7 students were hired by the Mpls. fire department, 4 were hired by HCMC as dispatchers and the remainder are working as EMT’s in the new US Bank Stadium. This is a 12-16 week Emergency Medical Technician training and certification course. There is no cost to the participant, and they are paid an hourly wage during the program. They are furnished a uniform along with text books and any supplies required for completion. We have an opportunity to provide outreach and education to a segment of our population that has not traditionally sought out these jobs. In line with our focus on racial equity staff feels we can benefit by informing our residents of these opportunities. Page 3Study Session Meeting of February 13, 2017 (Item No. 7) Title: EMS Pathways Academy Meeting: Study Session Meeting Date: February 13, 2017 Written Report: 8 EXECUTIVE SUMMARY TITLE: Update on Excelsior & Monterey Redevelopment (Bridgewater/Dominium) RECOMMENDED ACTION: None at this time. This report is provided to update Council on where things stand with this project. POLICY CONSIDERATION: None at this time. Please contact staff with any questions you might have. SUMMARY: Dominium intends to submit revised plans for formal action by city council at a date to be determined, perhaps as early as February 21. The city council last discussed the project on October 24, 2016. In response to comments at that study session, Dominium will propose to further reduce the number of apartments to 149 units. The affordable housing will also be reduced to 8% of the units at 50% of area median income (AMI). The reduction in units was achieved by combining smaller units into larger units. The tax increment financing (TIF) request will remain at $4.5 million. No other changes are proposed to the height, scale, or access since city council’s last discussion. Changes to the plans since the Planning Commission public hearing nearly a year ago, include: • Reduced from 167 to 149 dwelling units (reducing the density from 69.9 to 62.3 units/acre). • Removed units from the sixth floor on the northeast building corner to step down in height. • Changed the commercial access on Monterey Drive across from Park Commons Drive to an “entrance only” driveway. • Added a raised landscape planter in the boulevard of Monterey Drive to encourage pedestrians to cross at the signalized intersection. • Reduced the number of affordable units at 50% of AMI from 33 (20%) to 12 (8%). The redevelopment continues to include 17,500 square feet of commercial space on the ground floor, with Bridgewater Bank occupying 10,000 square feet of that space. It continues to include three levels of structured parking. The building continues to range from three to six stories tall. The plan continues to provide for a wider sidewalk and landscaping along Monterey Drive. The site is located at 4424 and 4400 Excelsior Boulevard, and 3743 Monterey Drive. The city approved a Comprehensive Plan Amendment to guide the property for Mixed Use in June, 2015. Applications for a preliminary plat with variances and a preliminary planned unit development (PUD) were submitted on July 10, 2015. Planning Commission held a public hearing and recommended approval of the applications on March 16, 2016. NEXT STEPS: This item will be placed on an upcoming agenda for council action, perhaps as early at the February 21 Council meeting. Final plat, final PUD, easement vacations and TIF requests would follow if approved. FINANCIAL OR BUDGET CONSIDERATION: The redevelopment would require acquisition of the EDA’s property located at 3743 Monterey Drive ($510,000), and $4.5 million of TIF assistance is requested. SUPPORTING DOCUMENTS: City Council Study Session Minutes 10/24/2016 (excerpt) Prepared by: Sean Walther, Planning and Zoning Supervisor Reviewed by: Michele Schnitker, Deputy Comm. Dev. Dir./Housing Supervisor Approved by: Tom Harmening, City Manager Study Session Meeting of February 13, 2017 (Item No. 8) Page 2 Title: Update on Excelsior & Monterey Redevelopment (Bridgewater/Dominium) City Council Study Session Meeting Minutes October 24, 2016 (excerpt) 2. Excelsior & Monterey Redevelopment (Bridgewater/Dominium) Mr. Walther introduced the developer, Mr. Ron Mehl with Dominium. Mr. Walther stated that Dominium and Bridgewater Bank have applied for development approvals for the properties at 4424 and 4400 Excelsior Blvd., and 3743 Monterey Drive. He added that Bridgewater is working with Dominium as the developer for the site. The city approved a Comprehensive Plan amendment to guide the property for mixed use, and the city is also processing applications for a preliminary plat, variances, and preliminary planned unit development (PUD). A public hearing was held and the Planning Commission recommended approval of the applications on March 16, 2016. Mr. Walther added that the city council last discussed the proposal in April, 2016, and Dominium has made revisions to the development proposal based on the city council’s discussions. These changes include: • Reduced from 167 to 163 dwelling units • Reduced overall density from 69.9 to 68.2 units per acre • Removed units from the sixth floor on the northeast corner of the building • Changed the access on Monterey Drive across from Park Commons Drive to an entrance only driveway • Added a raised landscape planter in the boulevard of Monterey Drive to discourage pedestrian crossings Mr. Walther noted the development continues to include a substantial affordability component with at least 33 units (20% of the total units) affordable at 50% of the area median income. It continues to include 17,500 square feet of commercial space on the first floor, and Bridgewater Bank would occupy 10,000 square feet of that space. It also continues to include three levels of structured parking and ranges from three to six stories tall. Additionally, the redevelopment would require acquisition of the EDA’s property located at 3743 Monterey Drive. It is the EDA’s practice to sell property at market rate. In order for redevelopment to occur on the assembled site at the proposed scale and density, approximately $4.5 million in TIF is requested. Mr. Mehl noted that previous feedback from the council expressed concerns with the development related to traffic, building density, building height, and outdoor green space. Mr. Mehl presented the design showing the proposed building set back from the curb, along with planters and landscaping. He noted that several units were removed, which lowers the building height. The terrace is back farther, and the unit mix will include 20% affordable housing at 50% of area median income (AMI), while the city’s requirement is 10% and 60% of AMI. He presented images of landscaping and a rooftop courtyard and noted that the 14% Designed Outdoor Recreation Area exceeds the city requirements. Councilmember Lindberg asked about the width of the area between the street and planters. The developer stated it varies from 7-9 feet. Councilmember Miller asked if that is the same as the current footprint. The developer stated it will be recessed back a bit from the footprint. Study Session Meeting of February 13, 2017 (Item No. 8) Page 3 Title: Update on Excelsior & Monterey Redevelopment (Bridgewater/Dominium) Mr. Mehl also noted there is a placeholder for artwork and sculpture at the development along Monterey. Additionally, with the building set back being farther than what currently exists along Monterey Drive, there will be more sidewalk space for pedestrians. Councilmember Mavity noted the large number of residents in attendance at the meeting tonight, and stated they have been paying attention to this project from the beginning. She stated that some of the concerns have been addressed today, but some improvements may not go the distance to satisfy what people are concerned about. Councilmember Mavity stated that something will be developed on the corner of Excelsior and Monterey, and how can the city be sure it is the right fit and right scale compared to other buildings located there. She stated there are concerns about circulation and traffic and how residents will move around, as well as have a safe, more comfortable pedestrian experience. She noted the council would like to see plans related to this corner from staff, also. Councilmember Mavity asked about the bike lanes presented in the design and said she does not understand how they fit into the full plan, especially with the current narrow turn from Excelsior to Monterey. She would like staff to speak to this, also. She noted while the entrance proposed across from Trader Joe’s looks like an improvement, she is not certain entrances and exits can be closed here. Additionally, Councilmember Mavity stated that after Highway 100 is completely reopened, she hopes Ward 2 will receive some relief from the heavy traffic they have had for the past two years. She stated everyone will need to reconsider what normal traffic is in the area. She also noted that the 36½ Street intersection will need to be made safe for pedestrian crossing. Councilmember Mavity stated that density is also a concern. A large group of neighbors believe there is too much density on this corner. Additionally, many think that six stories is too high. She is not certain the developer has listened to these concerns. Councilmember Mavity stressed that the council has discussed the process for St. Louis Park’s vision, and through this process she invited all to participate to include their vision for the Comprehensive Plan. This process will begin soon and extend through June of 2017, and she encouraged all to participate. Mr. Mehl noted they have worked on the entrance and landscaping of the development, and understand the concerns about the scale of the building, but noted the area is zoned for six stories. Mr. Harmening noted one clarification on the pedestrian signal at the crossing from the Rec Center and also the sidewalk from 36½ Street. He stated a meeting will be held related to this area, to address the sharp grade that drops into the parking lot there. Staff realizes this needs to be improved for the multi-family community. Mr. Walther noted the width on Monterey east of the median is 18 feet and is wide enough for a bike lane to be added. He also noted on the west side of Monterey, additional work would need to be done in order to accommodate a southbound bike lane. Councilmember Lindberg asked when a bike lane is scheduled for Monterey Avenue. Ms. Heiser answered 2018. Study Session Meeting of February 13, 2017 (Item No. 8) Page 4 Title: Update on Excelsior & Monterey Redevelopment (Bridgewater/Dominium) Councilmember Lindberg added to Councilmember Mavity’s point that coordinating the planning and creating active pedestrian crossings need to be part of conversations with residents. He asked if the access through easement on the neighboring property will still be included or if the entrance or exit will be removed. The developer stated it has not been removed, and they are speaking with Park Health on improvements to widen the easement driveway. The developer added that the entrance/exit onto Excelsior would be the same as it is now, and residents would move in and out farther to the north, with parking areas also included for visitors. Councilmember Lindberg noted he has concerns about traffic using the easement because of the emergency vehicles that use that area. Councilmember Brausen stated he is generally supportive of this project. He added that on Excelsior Boulevard and with light rail he does see high density making sense. After seeing the traffic study, the intersection improvements look fine and the bike lanes look like they can work. He is glad they are programmed in, as St. Louis Park is building a system here, which was noted at last week’s meeting with the discussion related to Texas Avenue. Councilmember Brausen added he is, however, not impressed with the building colors and is tired of brown. Councilmember Sanger asked about affordable housing at the development and how long the units will remain affordable. The developer noted they would remain affordable for the same term as the requested amount of TIF, which is 15 years. He added, after that time, they could go for market rate. Mr. Hunt pointed out that in compliance with the Inclusionary Housing Policy, the redevelopment contract would require 25 years of affordable housing, not 15, with the caveat that after 15 years the number of affordable units could be reduced from 20% to 10% of the units. Councilmember Sanger asked when building affordable housing if they are the same finishes and quality as market rate developments. The developer stated, yes, they are exactly the same. Councilmember Sanger noted she is concerned about traffic implications at the site, noting the developer only moved the traffic a bit with the entrance-only driveway, and this does not solve the problem. She also has concerns about density and height. She added she is not as concerned about having five stories, but would rather have a smaller footprint with more green space. Councilmember Sanger added that too many units create too much traffic, noting that on Monterey there will still be a lot of traffic. She is concerned that drivers will want to cross over Monterey from Park Commons to get to the entrance of the development, and this will create three different traffic movements on the street. She is also concerned about adding more traffic to this intersection and Excelsior Boulevard in general and stated she cannot support the plan as it is. Councilmember Mavity agreed on this point, and stated she would like staff to look at this again. Ms. Heiser stated staff would review this again. Councilmember Sanger stated she also does not like the look of the proposed building. Mayor Spano stated he is frustrated hearing this, and council has had this discussion in the past. He added that consensus was that the council is not supposed to deal with design elements as they relate to colors of buildings. Study Session Meeting of February 13, 2017 (Item No. 8) Page 5 Title: Update on Excelsior & Monterey Redevelopment (Bridgewater/Dominium) Councilmember Miller stated that while he was not on the council when this project was first proposed, the whole area of Excelsior and Grand was meant to be pedestrian friendly, with wide setbacks, similar to the 50th and France area. He stated this is not the case on Excelsior, and he would have appreciated wider setbacks and more pedestrian-friendly sidewalks. He added the development is much too large, dense, and tall for this area. Mayor Spano stated the idea of varying the depth of the pedestrian experience is a valid point. It creates points to stop, gather and chat. He added that he is less concerned about green space because this development sits right next to Wolfe Park. He stated he has been driving in this area to review the turn width, especially during rush hour, and noted the turn creates a different dynamic and accommodating a future bike lane. He added he is not concerned about the height or footprint but had hoped to see the units reduced by 10-15, and is concerned about density. Mayor Spano stated this development is an improvement to the area. The city had more flexibility at the West End, but there is not as much space available on Excelsior Boulevard. Councilmember Lindberg stated when comparing this project to Texas Avenue, he has concerns that the city is stopping short of Minnetonka Boulevard on the Texas Avenue project. There is a need to look further at this in light of the Connect the Park project. Councilmember Lindberg stated it is tough for pedestrians to feel safe on Excelsior, and this project is massive. He added that he would like to see more progress in lowering density. Councilmember Sanger asked if bikers on Monterey will be expected to use Excelsior Boulevard. Mr. Walther stated they will most likely come from the north and south neighborhoods, rather than using Excelsior Boulevard. Councilmember Sanger pointed out to the developer that they may need to have some fresh eyes look at this project in order to meet the concerns being raised. Councilmember Brausen stated he thinks this is a good plan and asked if it is zoned for offices, also. Mr. Walther answered, yes, offices are permitted there. Councilmember Brausen asked what the setbacks would be on an office that is six stories in the same area. Mr. Walther commented the height of the building would influence the setback, but six-story buildings are allowed in the district. Councilmember Mavity noted the council is hearing a lot of consistent themes here, including massing and density, and while neighbors may like the development and walkability of the project, the height is a bit much and traffic is a concern also. She added she is also hearing there is a willingness to consider how the city partners with affordability, but this needs to be reduced to something more manageable, which will take more work from the developer. Councilmember Hallfin reminded the council and residents that the Highways 100 and 7 projects will be completed soon and that this development may be very different related to traffic after the completion of Highways 100 and 7. Councilmember Hallfin added that in a few weeks, it might feel very different driving down Excelsior. Mr. Walther noted the traffic studies for this project controlled for the temporary construction disruptions created from the Highways 100 and 7 projects. Councilmember Miller stated the TIF and density are still a long way off. Councilmember Sanger agreed. Meeting: Study Session Meeting Date: February 13, 2017 Written Report: 9 EXECUTIVE SUMMARY TITLE: Residential Stormwater Cost Share Program RECOMMENDED ACTION: The purpose of this report is to provide information on a new program to promote private stormwater investments for single family and duplex properties in St. Louis Park. Staff is interested in feedback from the City Council regarding the proposed Residential Stormwater Cost Share Program. POLICY CONSIDERATION: Does the City Council wish to promote private investment in stormwater management through a cost share program? SUMMARY: Staff from Engineering, Operations and Recreation, and Administration have been working on developing a Residential Stormwater Cost Share Program (RSCSP) that will offer financial and technical assistance to homeowners who implement projects on their property. The types of projects that would be considered for funding through the RSCSP would support one or more of the following: • Protect and restore stormwater by capturing pollutants in rainwater runoff; • Increase the watershed's ability to store water; • Preserve and restore native plant and wildlife communities; • Protect and preserve groundwater quality and quantity This program is proposed to be rolled out spring 2017 with information regarding the program being sent out using the following: the Park Perspective, direct mail to a specific watersheds, emails to neighborhood groups, information on NextDoor, and other social media. The goal is to encourage residents to implement stormwater management projects on their property to reduce the volume of stormwater runoff and pollutants entering the City’s storm sewer system. In addition to the cost share opportunities, the program will have an educational component for property owners regarding the importance of stormwater management and how Best Management Practices (BMPs) can protect and improve our surface waters. FINANCIAL OR BUDGET CONSIDERATION: The proposed program will be funded using the Stormwater Utility. It is difficult to determine what the demand will be for these funds until we roll out the program. To begin with, staff recommends an annual budget of $25,000. Based on the applications received in 2017, additional funds may be requested for 2018. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Prepared by: Erick Francis, Water Resource Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager Study Session Meeting of February 13, 2017 (Item No. 9) Page 2 Title: Residential Stormwater Cost Share Program DISCUSSION BACKGROUND: The RSCSP will provide a platform for residents to better understand the importance of managing stormwater, specifically on their own properties. This program focuses on educating residents on the many ways that stormwater can be managed, and providing funds to encourage them to implement these practices on their property in an effort to protect and improve our surface waters. The RSCSP will provide access to funds that can be used by residential landowners to implement Best Management Practices (BMPs) that support one or more of the following: • Protect and restore stormwater by capturing pollutants in rainwater runoff; • Increase the watershed's ability to store water; • Preserve and restore native plant and wildlife communities; • Protect and preserve groundwater quality and quantity There is not one BMP that will work for all locations. As a result of this, the program will provide cost share to all types of BMPs and provide support to assist property owners with selection. The level of cost share will be based on the type of BMP selected. Types of BMPs that will be considered for cost share include but are not limited to: • Green Roofs • Rain gardens • Pervious pavement • Rain Barrels • Biofiltration trenches • Tree planting • Infiltration trenches Staff will provide detailed information on the various stormwater BMPs and how they reduce stormwater runoff volumes and pollutants. The RSCSP will also provide guidance on how to identify potential stormwater BMPs, how to select a designer and a builder, and will outline specific maintenance practices for each BMP. Funds may be used by homeowners for the design and construction of stormwater BMPs that will reduce stormwater runoff volumes and pollutants from their property. Residents may choose to undertake some of these specific tasks themselves, which will also be reimbursable. To start with, staff recommends that this program be made available to single family and duplex residential properties only. If the program is successful, it can be expanded to local business and institutions to allow for greater stormwater management awareness. Process The program starts with educating property owners on some little actions that can be taken, such as cleaning up grass clippings and other lawn debris to prevent them from getting into our water resources. The next step will be to work with property owners on identifying a BMP for implementation on their property. This will be accomplished through providing resources and access to technical assistance. The program will be administered by Engineering staff. Applications will be accepted year-round until funds are gone. Outreach will begin early in the year in order to encourage as many applicants as possible to take advantage of the program during the summer months. Study Session Meeting of February 13, 2017 (Item No. 9) Page 3 Title: Residential Stormwater Cost Share Program Funding percentages are based on specific criteria including location in the watershed and type of treatment proposed. Higher levels of funding are proposed for BMPs that capture hard surface and reduce runoff volume. Below is a table that shows proposed cost share percentages and maximums: This is a reimbursement grant program. The proposed program will be funded using the Stormwater Utility. Staff recommends an annual budget of $25,000 for the first year of the program. Based on the applications received in 2017, additional funds may be requested for 2018. Upon completion of installation, the city will inspect the project to ensure that it was built according to plan and functions as intended. To ensure the BMP is effective over time, it must be routinely maintained and the property owner will need to enter into a maintenance agreement with the City. The maintenance agreement will be in place for 5 years after installation and will be transferrable upon the sale of the property. NEXT STEPS: We are working with Communications group on branding and marketing. This program is proposed to be rolled out spring 2017 with an article in the Park Perspective and social media. In addition to City wide marketing, staff proposes that each year outreach will be made to a specific watershed in the City. This will be accomplished through direct mail to all residential properties in the watershed, emails to neighborhood groups, and information on NextDoor. For 2017, the subwatershed would be Bass Lake Preserve. Type of BMP Cost Share % Maximum $ Rain Barrels 50% $100 Tree Planting 50% $500 Bio-filtration w/o hard surface drainage 50% $1,500 Infiltration w/o hard surface drainage 50% $1,500 Bio- filtration with hard surface 75% $2,000 Infiltration with hard surface drainage, pervious pavement, & green roof 75% $3,000